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HomeMy WebLinkAboutNC0060526_LV-2023-0327 Civil Penalty Folder_20231215STATE 7 t ROY COOPER Governor ELIZABETH S. BISER �r.44w.��• Secretary RICHARD E. ROGERS, R. NOR I H CAROLINA Director Environmental Quality Certified Mail # 7020 3160 0000 4115 0646 Return Receipt Requested December 15, 2023 Albert E Finley Pope Industrial Park 11 Ltd Partnership PO Box 97215 Raleigh, NC 27624-7215 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215. 1 (a)(6) and NPDES WW Permit No. NCO060526 Pope Industrial Park II Ltd Partnership Pope Industrial Park WWTP Case No. LV-2023-0327 Wake County Dear Mr. Finley: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $373.68 ($283.00 civil penalty + $90.68 enforcement costs) against Pope Industrial Park II Ltd Partnership. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Pope Industrial Park 11 Ltd Partnership for the month of June 2023. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0060526. The violations, which occurred in June 2023, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Pope Industrial Park it Ltd Partnership violated the terms, conditions or requirements of NPDES WW Permit No. NCO060526 and G.S. 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). NorthCaroNnaDepart mentofInwonmentalQualityIOivisimolWaterResources Raleigh Regional Office 3800ba-rett Urt%v l Ralelgh North Caroline N009 919IWA200 Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Vanessa Manuel, Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Pope Industrial Park II Ltd Partnership: 2$ 83.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0060526, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for BOD, 5-Day (20 Deg. C) Concentration 2$ 83.00 TOTAL CIVIL PENALTY 90.68 Enforcement Costs 373.68 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,_ Waiver of Riaht to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and;`or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919)431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Kevin Fowler with the Division of Water Resources staff of the Raleigh Regional Office at (919) 791-4200 or via email at kevin.fowler@deq.nc.gov. Sincerely, Vanessa Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: Laserfische JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2023-0327 County: Wake Assessed Party: Pope Industrial Park 11 Ltd Partnership Permit No.: NCO060526 Amount Assessed: $373.68 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282. 1 (b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent yott from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF WAKE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Pope Industrial Park II Ltd Partnership ) Pope Industrial Park WWTP ) PERMIT NO. NCO060526 ) CASE NO. LV-2023-0327 Having been assessed civil penalties totaling $373.68 for violation(s) as set forth in the assessment document of the Division of Water Resources dated December 15, 2023, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the .._ day of _ , 20_ SIGNATURE ADDRESS TELEPHONE PERMIT: NCO060526 FACILITY: Pope Industrial Park WWTP LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Date Month[Yr Parameter 6/14/2023 6-2023 BOD, 5-Day (20 Deg. C) - Concentration ATTACHMENT A Pope Industrial Park II Ltd Partnership CASE NUMBER: LV-2023-0327 REGION: Raleigh COUNTY: Wake Unit of Limit Calculated % Over Frequency Measure Value Value Limit Weekly mgll 7.50 12.8 70.7 Violation TVDe uany Maximum Exceeded Penalty Amount $283.00 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Pope Industrial Park II Ltd Partnership Facility Name: Pope Industrial Park WWTP Permit Number: NCO060526 County: Wake Case Number: LV-2023-0327 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; No documented damage to the environment, public health or private property. However, discharging effluent exceeding permit limits increases risk of adverse impacts to waters of the state. 2) The duration and gravity of the violation. BOD was exceeded 70.66% over the daily maximum limit on June 14, 2023. 3) The effect on ground or surface water quantity or quality or on air quality; The receiving stream for the authorized effluent discharge is Swift Creek(Lake Wheeler), classified as WS-III; NSW in the Neuse River Basin. The effects on water quantity or quality because of the permit limit exceedances include increased risk to impact waters of the state. 4) The cost of rectifying the damage; The cost of rectifying the damage is not documented. 5) The amount of money saved by noncompliance; It is not believed that any money was saved by these violations. 6) Whether the violation was committed willfully or intentionally; It is not believed that the violations were committed willfully or intentionally. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority There has been 5 penalty assessments issued in the past 12 months to the permittee for violations occurring at Pope Industrial Park WWTP. 8) The cost to the State of the enforcement procedures. $90.68 Date Vanessa Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ NPDES PERMIT NO.: NCO060526 PERMIT VERSION: 5.0 FACILITY NAME: Pope Industrial Park WWTP CLASS: WW-2 OWNER NAME: Pope Industrial Park II Ltd Partnership ORC: Witham Edward Lamm GRADE: WW-4. ORC HAS CHANGED: No eDMR PERIOD: 06-2023 (June 2023) VERSION: 2.0 PERMIT STATUS: F-.xplred COUNTY: Wake ORC CERT NUMBER: 11693 STATUS: Submitted SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 S s°� `s s` r c s i 00010 003H Wmkly 11'cckl Gnb Gnat+ TEMP-C DO 2400e1.,k de r m A 1 1115 NOFLON 2 0750 NOFLOA 3 4 5 6 0935 30A 9 7 8 9 10 11 12 13 14 1052 20.3 21 9 is 16 17 I8 19 20 1100 20A 3 13 21 22 23 24 25 26 27 1045 23.9 2.06 28 29 30 Mowthy Alen&e Etm1f: M—A4 A—.p: 23-6 11 7475 DAi Nadmem: 30.1 21 9 nafly SOelmem: 20. ] 12.06 "'• No Reporting Reason ENFRUSE - No Flow-Reuse/Recycle; ENV WTHR - No Visitation Adverse Weather; NOFLOW - No Flow; HOLIDAY — No Visitation Holiday Discharge Monitoring Report - Copy Of Record (COR NC0060526_Ver_2.0_6-2023.pdf) WDES PERMIT NO.: NCO060526 PERMIT VERSION: 5.0 'ACILITY NAME: Pope Industrial Park WWTP CLASS: WW-2 PERMIT STATUS: EM!j d COUNTY: Wake )WNER NAME: Pope Industrial Park 11 Ltd Partnership ORC: William Edward Lamm TRADE: WW-4. ORC HAS CHANGED: No DN1R PERIOD: 06-2023 (June 2023) VERSION: 2.0 ORC CERT NUMBER: 11693 STATUS: Submitted SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO **** No Reporting Reason: ENFRUSE - No Flow-Reuse/Recycle; ENV WTHR - No Visitation - Advcrse Weather• NOFLOW - No Flow; HOLIDAY - No Visitation -Holiday Discharge Monitoring Report - Copy Of Record (COR_NC0060526—Ver_2.0 6_2023.pdq NPDES PERMIT NO.: NCO060526 PERMIT VERSION: 5.0 FACILITY NAME: Pope Industrial Park WWTP CLASS: WW-2 OWNER NAME: Pope Industrial Park II Ltd Partnership ORC: William Edward Lamm GRADE: WW4. ORC HAS CHANGED: No eDMR PERIOD: 06-2023 (June 2023) VERSION: 2.0 PERMIT STATUS: Expired COUNTY: Wake ORC CERT NUMBER: 11693 STATUS: Submitted SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) **** No Reporting Remit: ENFRUSE No Flow-Reuse.'Recycle, ENVWTHR- No Visitation -Adverse Weather, NOFLOW - So F;ow; HOLIDAY- No Visitation- Holiday Discharge Monitoring Report - Copy Of Record (COR_NC0060526_Vera2.0 6 2023.pdf) PDES PERMIT NO.: NCO060526 PERMIT VERSION: 5_0 AGILITY NAME: Pope Industrial Park WWTP CLASS: WW-2 -WNER NAME: Pope Industrial Park 11 Lid Partnership ORC: William Edward Lamm .RADE: WW-4. ORC HAS CHANCED: No DMR PERIOD: 06-2023 (June 2023) VERSION: 2.0 PERMIT STATUS: Expired COUNTY: Wake ORC CERT NUMBER: 11693 STATUS: Suhmiued SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 a E d R Y a C 8 z` j, 0901U moo N eckly Wcckl Gr b Grub 7E\IP•C M 2m d-k dcg e m 1100 NOFLOK 0730 NOFLOW r t 0930 18.3 3.1 9 10 It 12 u 14 1050 20.7 2.09 Is 16 17 1N 19 2u 1100 19.7 3 1 it x2 23 24 25 Z6 17 1030 NOFLOW xe 29 30 51o>trhl3 ArnrAgt Limit: 119nihl}Alma¢! 19566667 2,763333 Nil3hlw1mumr 20.7 3.1 0aily.Ninim0m: 18.1 209 11.1 No Reporting Reason: ENFRUSE No Flom-ReuselRecycle; ENVWTHR No Visitation Adverse Weather; NOFLOW - No Floa, HOLIDAY - No Visitation Holiday Discharge Monitoring Report - Copy Of Record(COR_NC0060526_Ver_2.0_6_2023.pdi) NPDES PERMIT NO.: NC0060526 PERMIT VERSION: 5.0 FACILITY NAME: Pope Industrial Park WWTP CLASS: WW-2 OWNER NAME: Pope hidusirial Park 11 Ltd Partnership ORC: William Edward Lamm GRADE: WW4. eDMR PERIOD: 06-2023 (June 2023) COMPLIANCE STATUS: Compliant ORC HAS CHANGED: No VERSION: 2.0 CONTACT PHONE #: 2522354900 Electronically Certified by William Lamm on 2023-08-14 10;52:45.233 ORC/Certifier Signature: William Lamm I certify that this report is accurate and complete to the best of my knowledge. PERMIT STATUS: Expired COUNTY: Wake ORC CERT NUMBER: 11693 STATUS: Submitted SUBMISSION DATE: 08,14.2023 P h o n c V 2522354900 D a t The pennittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment_ Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall be made as required by part II_E.6 of the NPDES pennit. Electronically Signed by Rebecca Mannin on 2023-08-14 10:54:07,021 Permittec/Submitter Signature: ***Rebecca Manning Phone 9:252-235-4900 D a t Pennittee Address: 1212 Transport Dr Raleigh NC 27603 Permit Expiration Date: 02.28 2023 1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false infonnation, including the possibility of fines and imprisonment fo knowing violations. LAB NAME: Mentech, Inc. CERTIFIED LAB #: 165 PERSON(s) COLLECTING SAMPLES: William Lamm CERTIFIED LABORATORIES PARAMETER CODES Parameter Code assistance may be obtained by visiting https::''deq.tic.goviabotitldnlisions.-water-resources/edmr/user-documentation. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow+Discharge From Site: YES indicates that No Flow'Discharge occurred and, as a result, no data is reported for any parameter on the DMR for the entire monitoring period ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G 0204. *** Signature of Pemtittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 213 .0506(b)(2)(D). Discharge Monitoring Report - Copy Of Record (COR_NC0060526_Ver 2.0_6_2023.pdf) PDES PERMIT NO.: NCO060526 PERMIT VERSION: 5.0 PERMIT STATUS: Expired ACILITY NAME: Pope Industrial Park W WTP CLASS: W W-2 COUNTY: Wake OWNER NAME: Pope Industrial Park 11 Ltd Partnership ORC: Wfiliam Edward Lamm ORC CERT NUMBER:.] 1693 :RAPE: WW4. ORC HAS CHANGED: No MIR PERIOD: 06 2023 (June 2023) VERSION': 2.0 STATUS: Submitted .eporl Comments: 'he ORC is monitoring the readings on the BOD to ensure the right amount of air in the system, however the increase on the temperature registered through the month of June aused an increase in the BOD concentration. The system was corrected and prevented another type of violation for the rest of the monitoring period. Permit NCO060526 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELMONATION SYSTEM in compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Pope Industrial Park II LTD Partnership is hereby authorized to discharge wastewater from a facility located at the Pope Industrial Park WWTP 5602 Fayetteville Road Raleigh Wake County to receiving waters designated as and unnamed tributary to Swift Creek in subbasin 03-04-02 of the Neuse River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III and IV hereof. This permit modification is effective August 1, 2018. This permit and authorization to discharge shall expire at midnight on February 28, 2023. Signed this day June 22, 2018 rIviA�yKCulpepper, Interim Diresion of Water Resources By Authority of the Environmental Management Commission Page I of 8 Permit NCO060526 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Pope IndustrW Park 11, LTD. is hereby authorized to: 1. Continue to operate an existing 0.008 MGD wastewater treatment system that includes the following components: ♦ Bar Screen ♦ Extended Aeration Tank ♦ Single train 10,000 gallons ♦ Secondary Clarifiers ♦ 1,535 gallons & 1,350 gallons ♦ Sludge holding tank ♦ 1,400 gallons ♦ Chlorine Contact chamber ♦ 1,250 gallons ♦ Dechlorination Chamber ♦ 210 gallons ♦ Cascade Post aeration This Class WW-2 facility is located at the Pope Industrial Park WWTP (5602 Fayetteville Road) in Wake County. 2. Discharge from said treatment works via Outfall 001 at the location specified on the attached map into an unnamed tributary to Swift Creek (Stream Index 27-43-5-(1.5)), a waterbody currently classified WS-III NSW waters in sub -basin 03-04-02 (HUC 0302020110) of the Neuse River Basin. Page 2 of 8 Permit NCO060526 Part I A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B.0400 et seq., 02B.0500 et seq.] During the period begging on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: rpjuwr. 6 cR [PCS Code] Monthly Average f}aily Measurement Sample Type Sample Lou�tfon2 Maximum Frequency Flow 60050 0.008 MGD Continuous Recording Influent or Effluent Total Monthly Flow Monitor &Report Month' y Recorded or Calculated Influent or Effluent 82220 BOD, 5-day (20°C) (00310) 5.0 mglL 7.5 mg/L Weekly Grab Effluent (Apfil 1- October 31 - BOD, 5-day (2(°C) [003101 10.0 mg/L 15.0 mg/L Weekly - Grff Effluent November 1- March 31 Total Suspended Solids 00530 30.0 m /L 45.0 m Weekly Grab Effluent NIi3 as N 100610] 2.0 mg/L 10.0 mglL Weekly Grab Effluent (Apfli 1- October 31 NH3 as N [00610] 4.0 mgA- 20.0 mg/L Weekly Grab - Effluent November 1- March 31 Dissolved en 00300 Dail avera > 6.0 m Weekly Grab Effluent Dissolved en 00300 Weekly Grab U & D Fecal Coflfonm [316161 200/100 mL 400/100 mi. Weekly Grab Effluent eomeldc mean Total Residual Chlorine (TRC)3 - 17 vQ& 2/Week Grab Effluent 50060 t Tem rature °C) (000101 Monitor & Report Daily Grab E uen Temperature °C ['000101 Monitor & Report Weekly Grab U & D TKN m D062 Monitor & Report Monthly Grab Effluent NO2-N+NO3-N mq/L) [006301 Monitor & Report Monthly Grab Effluent Total Nitrogen nzgfL [00600 Monitor & Report Monthly Grab Effluent Total Nitrogen Load' Monitor & Report (poundshrronth) Monthly Calculated Effluent 1006001 Monitor & Report (poundslyear) Annually Calculated Effluent Total Phosphorus [00601 Monitor & Report Monthly Grab I Effluent H 1004001 6.0 and < 9.0 standard units Weekl Grab Effluent Footnotes: 1. The permittee shall submit discharge monitoring reports electronically using the NC eDMR system application system [see A. (5)1. 2. U: at least 100 feet upstream of the outfall. D: at least 300 feet downstream from the outfalI. 3. The Division shall consider all effluent TRC values reported below 50 erg/ 1 to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/l. 4. For a given water sample, TN--TKN+NO2 +NO3-N, where TN is Total Nitrogen and TKN is Total Kjeldahl Nitrogen. 5. TN load is the mass load of Total Nitrogen discharged in a given period of time [see A. (2)1: There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NC0060526 A. (2) CALCULATION OF TOTAL NITROGEN LOADS [NCGS 143-215.1 (b)] a. The Permittee shall calculate monthly and annual TN Loads as follows: (1) Monthly TN Load (pounds/month) = TN x TMF x 8.34 where: TN = the average Total Nitrogen concentration (mg/L) of the composite samples collected during the month TMF = the Total Monthly Flow of wastewater discharged during the month (MG/month) 8.34 = conversion factor, from (mg/L x MG) to pounds (2) Annual TN Load (pounds/year) = Sum of the 12 Monthly TN Loads for the calendar year b. The Permittee shall. report -monthly Total Nitrogen results (mg/L and pounds/month) in the appropriate discharge monitoring report for each month and shall report each year's annual results (pounds/year) with the December report for that year. A. (3) TOTAL NITROGEN ALLOCATIONS (NCGS 143-215.1 (b)] The following table lists the Total Nitrogen (TN) allocation(s) assigned to, acquired by, or transferred to the Permittee in accordance with the Neuse River nutrient management rule (T15A NCAC 02B.0234) and the status of each as of permit issuance. For compliance purposes, this table does not supercede any TN limit(s) established elsewhere in this permit or in the NPDES permit of a compliance association of which the Permittee is a Co-Permittee Member. ALLOCATION TYPE SOURCE DATE ALLOCATION AMOUNT (1) STATUS Estuary Discharge (poundslyear) (poundslyear) Base Assigned by Rule 12C711997; 81 162 Active (T15A NCAC 02B .02M) 4/1/2003 Footnote: (1) Transport Factor = 50% A. (4) AMMONIA REOPENER (NCGS 143-215.1 (b)] The Division may re -open this permit to require more stringent effluent limits for ammonia nitrogen (NH3 as N) pending any subsequent rules establishing nutrient restrictions in the Swift Creek watershed. Page 4 of 8 NCO060526 - Pope Industrial .1?ark WW'.l'l? t"Aitude: :35^ 42' 23" N USCTS Qu:td: Lake Wheeh"v Longitude: 78, :19, 155' w Stream Class: %VS - II I NSW Itiveer Basin: Nellse 5tLb-Bash 034) 1•02 Receiving Streant_ UT to Swil'L Crcek Facility � Location Wake County