NC0004308_Permit (Issuance)_20251118

Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
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JOSH STEIN
Governor V O
D.REID WILSONy
Secretary *Fa`QUAM^0"
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
November 18,2025
Robyn Gross,Director
Badin Business Park LLC
PO Box 576
Badin,NC 28009
Subject: Final NPDES Permit Renewal
NPDES Permit NC0004308
Badin Business Park LLC
Stanly County
Grade I Physical/Chemical WPCS
SIC Codes 3334&3365
Dear Ms. Gross:
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached NPDES permit. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between
North Carolina and the U.S.Environmental Protection Agency dated October 15,2007(or as subsequently
amended).
In response to public comments and the public hearing held on August 19,2025,the following changes
were made to the draft permit sent to you on July 2,2025:
1. In accordance with 40 CFR 122.45,monthly average effluent limits were added to Outfall 011
for cyanide and fluoride in the final permit. The monthly limits will be 1.8 mg/L for fluoride
and 5.0 µg/L for cyanide.
2. For clarification on increasing monitoring frequency or adding additional monitoring, insert
the following language into Special Condition C. (L) Permit Re-opener for Supplementary
Monitoring: Pursuant to 15A NCAC 02B .0508 (c)(2) and G.S. 143-215.66, the Director shall
prescribe the number and location of sampling points and the frequency with which tests and
measurements must be made to characterize the effects of the discharges upon the waters of
this state.
3. Special Condition C. (2.) was modified with the following changes:
a. Signage will be required for Outfall 013.
b. Since Outfalls 011 and 012 discharges are in close proximity to each other, one sign can
be used for both Outfalls.
c. The permittee may request an extension of the schedule if they need to obtain permission
from property owners to install signage.
4. Increase Dissolved Organ Carbon(DOC) and Total Hardness monitoring from semi-annual to
quarterly for all Outfalls in the permit to allow for comparison with the EPA 2018 Aquatic Life
Ambient Water Quality Criteria for Aluminum in Freshwaters. The EPA calculation is
dependent on having enough data for pH, Dissolved Organic Carbon (DOC), and Total
Hardness to be statistically significant to make this determination. For Stormwater Condition
D. (4.), pH monitoring was increased from semi-annual to quarterly for evaluation of
D North Carolina Department of Environmental Quality I Division of Water Resources
EQ>
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROLINA —
oapammW of eavi—maaui aum 919.707.9000

Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
Aluminum Criteria. For Outfall 019, monitoring for pH and Aluminum will increase from
Semi-Annual to Quarterly to allow for comparison with EPA's Aluminum Criteria.
5. Condition A. (1.) (d.) was added to require Fluoride Treatment System Record Keeping and
Reporting. A logbook shall be kept including but not limited to sampling results for influent
and internal sampling points.
6. In response to comments received,periodic split sampling with regional office and Alcoa
personnel will occur on non-routine basis throughout the permit period as appropriate. This
requirement is covered under the NPDES Permit Standard Conditions in Part II, Section D. 8.
for Inspection and Entry.
In response to comments from the permittee and technical corrections, the following updates were
made to the draft permit sent to you on July 2,2025:
• "Fire protection water"was removed from descriptions for Outfalls 011 and 012 as a potential source.
With fire mains being isolated to the southern portion of the site, "Fire protection water" remains as
potential source for Outfall 005.
• The treatment system facility description in the Supplement to Cover Letter will be simplified to allow
for transition from the piloted system to a full remedy upon completion of testing.
• The following conditions were updated for consistency with current template language:Acute Toxicity
Condition B. (3.) for Outfall 019 and Stormwater Condition D. (2.)(12.) for Representative Outfalls.
If any parts,measurement frequencies or sampling requirements contained in this permit are unacceptable
to you,you have the right to an adjudicatory hearing upon written request within thirty(30)days following
receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of
the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail
Service Center,Raleigh,North Carolina 27699-6714). Unless such demand is made,this decision shall be
final and binding.
The NPDES standard conditions (Parts 11, III, and IV) are the same as in your current permit except that
agency and division names have been updated. The latest version is available at htt2s://bit.ly/3k5NFaL and
can be viewed online or downloaded as a PDF file.
Please note that this permit is not transferable except after notice to the Division. The Division may require
modification or revocation and reissuance of the permit. This permit does not affect the legal requirements
to obtain other permits which may be required by the Division of Water Resources or any other Federal,
State, or Local governmental regulations.
If you have any questions concerning this permit, please contact Derek Denard at [phone] or via
email at [e-mail].
Sincerely,
L
ed by:
EEDfi.Jr.,Director
Division of Water Resources,NCDEQ
cc: NPDES Files[Laserfiche],NCDEQ DWR,DEMLR Stormwater,PIO and EJ Teams
Alcoa/Robyn Gross[[e-mail]];Jason Mibroba[[e-mail]]
DWR MRO/Andrew Pitner[[e-mail]];Wes Bell[[e-mail]]
WSS/Aquatic Toxicology Branch[ATForms.ATB@ deq.nc.gov];Cindy Moore[[e-mail]]
DWR/PWS/MRO/Clinton Cook[[e-mail]];Ray Whitner[[e-mail]]
Wastewater Operator Certification Group [Jeff Talbott:[e-mail]]
EPA Region 4 [[e-mail]]
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROHNA
oepammemmenWronmenmiuueil� /`� 919.707.9000

Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
NPDES
In compliance with the provisions 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,
Badin Business Park LLC
is hereby authorized to discharge wastewater and stormwater from a facility located at the
Badin Business Park
NC Hwy. 740 &NCSR 1719
Badin,NC
Stanly County
to receiving waters designated as unnamed tributary(UT)to Little Mountain Creek and Badin Lake(Yadkin
River) in the Yadkin-Pee Dee River Basin in accordance with the effluent limitations,monitoring requirements,
and other applicable conditions set forth in Parts I, II,III, and IV hereof.
This permit shall become effective............ February 1,2026.
This permit and authorization to discharge shall expire at midnight on ............January 31,2031.
Signed this day ............November 18,2025.
Signed by:
K&A4 ee
Richar Rogers,Director
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 32

Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
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 effective date, 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.
Badin Business Park LLC
is hereby authorized to:
1. Discharge from the following sources and outfalls (see Maps A,B &C):
• Outfall 005 — groundwater, stormwater, and fire protection water collected from the western area of the
former main plant[See condition A. (L)]
• Outfall 011 —groundwater and stormwater collected from the northeastern area of the former main plant,
occurring when flows exceed the capacity of the diffuser at Outfall 012 [See Condition A. (2.)]
• Outfall 012(via a diffuser)—groundwater and stormwater collected from the northeastern area of the former
main plant[See Condition A. (3.)]
• Outfall 013—groundwater and stormwater collected from the northwestern area of the former main plant[See
Condition A. (4.)]
• Outfall 019 — overflow from the stormwater retention pond at the Old Brick Landfill [See Condition A.
(5•)]
• Outfalls 002, 004, 017, 018,020,022 &023 stormwater[See Part I, Section D, Stormwater Management
Requirements]
with all outfalls being located at or near Badin Business Park in Stanly County;
2. Continue operating a fluoride treatment system, for the reduction of Total Fluoride concentrations in order to
ensure compliance with permit limitations at Outfall 005;
3. Discharge via Outfalls 004, 005, 017, 018, 022, and 023, from locations specified on the attached Map A, into
an unnamed tributary(UT)to Little Mountain Creek[stream index 13-5-1-(2),RUC: 0304010402011,which is
currently classified as Class WS-IV waters in the Yadkin-Pee Dee River Basin; and
4. Discharge via Outfalls 002, 011, 012, 013, 019, and 020, from locations specified on the attached Map B, into
Yadkin River (Badin Lake) [stream index 12-(124.5), HUC: 0304010306051, which is currently classified as
Class WS-IV,B; CA waters in the Yadkin-Pee Dee River Basin.
Page 2 of 32

Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
PART I—MONITORING, CONTROLS,AND LIMITATIONS FOR PERMITTED DISCHARGES
SECTION A—PERMIT MONITORING
A. (1.)EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—OUTFALL 005
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
Grade I Physical Chemical Water Pollution Control System [15A NCAC 08G .0306]
(a.) During the period beginning on the effective date of the permit and lasting until permit expiration, the Permittee
is authorized to discharge treated groundwater,stormwater, and fire protection water collected from the western
area of the former main plant via Outfall 005. Such discharges shall be limited and monitored'by the permittee as
specified below:
EFFLUENT
LIMITATIONS MONITORING REQUIREMENT)
PARAMETER
Monthly Daily Measurement Sample Sample
Parameter Code Average Maximum Frequency Type Location
Flow(MGD) 50050 M&R M&R Monthly Instantaneous Effluent
Total Suspended Solids(TSS)(mg/L) C0530 M&R M&R Quarterly Composite 2 Effluent
pH(su) 00400 6.0<pH<9.0(su) Monthly Grab Effluent
Total Aluminum(µg/L) 01105 M&R M&R Quarterly Composite 2 Effluent
Total Fluoride(mg/L)3 00951 1.8 mg/L 24 mg/L 2/Month 4 Composite 2 Effluent
Total Cyanide(µg/L)3 or 00720 5.0 µg/L 46.6 µg/L 2/Month 4 Grab Effluent
Cyanide,Available(µg/L)3 51173
Total Residual Chlorine(TRC)(µg/L)5 50060 17 µg/L Monthly Grab Effluent
Carbon,Dissolved Organic 2
(DOC)(As C)(mg/L) 00681 M&R M&R Quarterly Composite Effluent
Hardness,Total(as CaCO3)(mg/L) 00900 M&R M&R Quarterly Composite 2 Effluent
Acute Toxicity 6 TGE6C See Footnote 6 Quarterly Composite 2 Effluent
EPA Form 2C Monitoring NCO] See Footnote 7 See Footnote 7 Grab Effluent
M&R=Monitor and Report
Footnotes:
1. Electronic Reporting—Discharge Monitoring Reports (eDMR). The permittee shall submit Discharge Monitoring
Reports electronically using NC DWR's eDMR application system. See Special Condition A. (7).
2. Composite Sampling. The Permittee may use time-proportionate compositing or other sampling method provided
that the alternate method yields samples that are reasonably representative of the discharge during the monitoring
period. [15A NCAC 02B .0503 (4)&NPDES Standard Conditions Part II Section A.]
3. Testing Method Sensitivity. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR
part 136 for the analysis of pollutants. A method is "sufficiently sensitive"when: (1) The method minimum level
(ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant
parameter; or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or
required under 40 CFR chapter I, subchapter N or O for the measured pollutant or pollutant parameter. [40 CFR
122.2l(e)(3)& 122.44(i), 15A NCAC 02B .0505(e)(4),NPDES Standard Conditions Part II Section D.4.].
4. Cyanide & Fluoride Monitoring. After securing at least 24 sample analyses (over a minimum of one year) and all
samples show non-detect, the Permittee may submit a written request for the Division to reevaluate monitoring
frequency.
Page 3 of 32

Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
5. Total Residual Chlorine (TRC). The facility shall monitor TRC when using chlorination for disinfection. The
Division shall consider all effluent total residual chlorine values reported below 50 µg/l 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.
6. Acute Toxicity. Fathead Minnow (Pimephales promelas) 24-hour, pass/fail, acute test at 90% once during each
calendar quarter(January-March,April-June,July-September,&October-December). See Special Condition B.(1.).
7. EPA Form 2C Monitoring Effluent Pollutant Scan.Within 180 days of the effective permit date,the permittee shall
submit analyses for the compounds in Tables A through C of EPA Form 2C(EPA Form 3510-2C). See Special
Condition C. (3.).
Conditions:
(b.) Reporting of All Data. If the Permittee monitors any pollutant more frequently than required by this permit using
test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other
appropriate instrument governing the discharge,the results of such monitoring shall be included in the calculation
and reporting of the data submitted on the DMR. [40 CFR 122.41(1)(4)(ii),NPDES Standard Conditions Part II
Section E. 5.b.]
(c.) Certified Laboratories. Laboratories used for sample analysis must be certified by the Division. Analytical
determinations shall be made in adequately equipped laboratories staffed by person(s)competent to perform tests.
Only monitoring programs that provide for the making of analytical determinations by qualified employees of the
owner or by a laboratory certified by the Division under 15A NCAC 02H.0800 or 15A NCAC 02H.1100 shall be
considered adequate. [15A NCAC 02B .0505 (e)(5),NPDES Standard Conditions Part 11 Section D.4.]
(d.) Fluoride Treatment System Record Keeping and Reporting. A logbook shall be kept including but not limited to
sampling results for influent and/or internal sampling points, filter break through events, and percent removal of
Fluoride for treatment system. The system performance information and data shall be summarized and reported
annually. The first report shall be submitted no later than January 31,2026,and every subsequent January 3111 to
the following address. [40 CFR 122.41,NPDES Standard Conditions Part II. Section B. 8.,Section D,and Section
E.)
(1) NCDEQ/Division of Water Resources
NPDES Industrial Permitting Branch
1617 Mail Service Center
Raleigh,NC 27699-1617
(2) NCDEQ/Division of Water Resources
Mooresville Regional Office-Water Quality Regional Office Operations
610 East Center Avenue, Suite 301
Mooresville,NC 28115
Page 4 of 32

Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
A. (2.)EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—OUTFALL 011
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
(a.) During the period beginning on the effective date of the permit and lasting until permit expiration,the Permittee is
authorized to discharge groundwater and stormwater collected from the northern area of the former main plant,
occurring when flows exceed the capacity of the diffuser at Outfall 012 via Outfall 011. Such discharges shall be
limited and monitored'by the permittee as specified below:
EFFLUENT MONITORING REQUIREMENTSI
LIMITATIONS
PARAMETER
Monthly Daily Measurement Sample Sample
Parameter Code Average Maximum Frequency Type Location
Flow(MGD) 50050 M&R M&R Monthly Instantaneous Effluent
Total Suspended Solids(TSS)(mg/L) C0530 M&R M&R Quarterly Grab Effluent
pH(su) 00400 6.0<pH<9.0(su) Quarterly Grab Effluent
Total Aluminum(µg/L) 01105 M&R M&R Quarterly Grab Effluent
Total Fluoride(mg/L)2 00951 1.8 mg/L 24 mg/L Monthly Grab Effluent
Total Cyanide(µg/L)2 or 00720 5.0 µg/L 46.6 µg/L Monthly Grab Effluent
Cyanide,Available(µg/L)2 00722
Trichloroethylene(TCE)(µg/L)2 39180 3.7 µg/L Quarterly Grab Effluent
Carbon,Dissolved Organic
(DOC)(As C)(mg/L) 00681 M&R M&R Quarterly Grab Effluent
Hardness,Total(as CaCO3)(mg/L) 00900 M&R M&R Quarterly Grab Effluent
Acute Toxicity 3 TAE6C See Footnote 3 Quarterly Grab Effluent
M&R=Monitor and Report
Footnotes:
1. Electronic Reporting—Discharge Monitoring_Reports (eDMR). The permittee shall submit Discharge Monitoring
Reports electronically using NC DWR's eDMR application system. See Special Condition A. (7.).
2. Testing Method Sensitivity. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR
part 136 for the analysis of pollutants. A method is "sufficiently sensitive"when: (1) The method minimum level
(ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant
parameter; or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or
required under 40 CFR chapter I, subchapter N or O for the measured pollutant or pollutant parameter. [40 CFR
122.2l(e)(3)& 122.44(i), 15A NCAC 02B .0505(e)(4),NPDES Standard Conditions Part II Section D.4.].
3. Acute Toxicity. Fathead Minnow (Pimephales promelas) 24-hour LC50 (multiple-concentration) acute test,
monitoring only, once during each calendar quarter (January-March, April-June, July-September, & October-
December). See Special Condition B. (2.).
Conditions:
(b.) Reporting of All Data. If the Permittee monitors any pollutant more frequently than required by this permit using
test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other
appropriate instrument governing the discharge,the results of such monitoring shall be included in the calculation
and reporting of the data submitted on the DMR. [40 CFR 122.41(1)(4)(ii), NPDES Standard Conditions Part II
Section E. 5.b.]
(c.) Certified Laboratories. Laboratories used for sample analysis must be certified by the Division. Analytical
determinations shall be made in adequately equipped laboratories staffed by person(s)competent to perform tests.
Only monitoring programs that provide for the making of analytical determinations by qualified employees of the
owner or by a laboratory certified by the Division under 15A NCAC 02H.0800 or 15A NCAC 02H.1100 shall be
considered adequate. [15A NCAC 02B .0505 (e)(5),NPDES Standard Conditions Part II Section D.4.]
Page 5 of 32

Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
A. (3.)EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—OUTFALL 012
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
(a.) During the period beginning on the effective date of the permit and lasting until permit expiration, the Permittee
is authorized to discharge groundwater and stormwater collected from the northern area of the former main plant
via Outfall 012(via diffuser).Such discharges shall be limited and monitored'by the permittee as specified below:
EFFLUENT MONITORING REQUIREMENTSI
LIMITATIONS
PARAMETER
Monthly Daily Measurement Sample Sample
Parameter Code Average Maximum Frequency Type Location
Flow(MGD) 50050 M&R M&R Monthly Instantaneous Effluent
Total Suspended Solids(TSS)(mg/L) C0530 M&R M&R Quarterly Composite 2 Effluent
pH(su) 00400 6.0<pH<9.0(su) Monthly Grab Effluent
Total Aluminum(µg/L) 01105 M&R M&R Quarterly Composite 2 Effluent
Total Fluoride(mg/L)3 00951 M&R M&R Quarterly Composite 2 Effluent
Total Cyanide(µg/L)3 or 00720
242 µg/L 285 µg/L Monthly Grab Effluent
Cyanide,Available(µg/L)3 00722
Trichloroethylene(TCE)(µg/L)3 39180 121 µg/L 181.5 µg/L Quarterly Grab Effluent
Carbon,Dissolved Organic 00681 M&R M&R Quarterly Composite 2 Effluent
(DOC)(As C)(mg/L)
Hardness,Total(as CaCO3)(mg/L) 00900 M&R M&R Quarterly Composite 2 Effluent
Acute Toxicity 4 TGE6C See Footnote 4 Quarterly Grab Effluent
EPA Form 2C Monitoring5 NC01 See Footnote 5 See Footnote 5 Grab Effluent
M&R=Monitor and Report
Footnotes:
1. Electronic Reporting—Discharge Monitoring Reports (eDMR). The permittee shall submit Discharge Monitoring
Reports electronically using NC DWR's eDMR application system. See Special Condition A. (7).
2. Composite Sampling. The Permittee may use time-proportionate compositing or other sampling method provided
that the alternate method yields samples that are reasonably representative of the discharge during the monitoring
period. [15A NCAC 02B .0503 (4)&NPDES Standard Conditions Part II Section A.]
3. Testing Method Sensitivity. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR
part 136 for the analysis of pollutants. A method is "sufficiently sensitive"when: (1) The method minimum level
(ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant
parameter; or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or
required under 40 CFR chapter I, subchapter N or O for the measured pollutant or pollutant parameter. [40 CFR
122.2l(e)(3)& 122.44(i), 15A NCAC 02B .0505(e)(4),NPDES Standard Conditions Part I1 Section D.4.].
4. Acute Toxicity. Fathead Minnow (Pimephales promelas) 24-hour, pass/fail, acute test at 90% once during each
calendar quarter(January-March,April-June,July-September,&October-December). See Special Condition B.(L).
5. EPA Form 2C Monitoring.Within 180 days of the effective permit date,the permittee shall submit analyses for the
compounds in Tables A through C of EPA Form 2C(EPA Form 3510-2C). See Special Condition C. (3).
Conditions:
(b) Reporting of All Data. If the Permittee monitors any pollutant more frequently than required by this permit using
test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other
appropriate instrument governing the discharge,the results of such monitoring shall be included in the calculation
and reporting of the data submitted on the DMR. [40 CFR 122.41(1)(4)(ii), NPDES Standard Conditions Part II
Section E. 5.b.]
(c.) Certified Laboratories. Laboratories used for sample analysis must be certified by the Division. Analytical
determinations shall be made in adequately equipped laboratories staffed by person(s)competent to perform tests.
Only monitoring programs that provide for the making of analytical determinations by qualified employees of the
owner or by a laboratory certified by the Division under 15A NCAC 02H.0800 or 15A NCAC 02H.1100 shall be
considered adequate. [15A NCAC 02B .0505 (e)(5),NPDES Standard Conditions Part II Section D.4.]
Page 6 of 32

Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
A. (4.)EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—OUTFALL 013
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
(a.) During the period beginning on the effective date of the permit and lasting until permit expiration, the Permittee
is authorized to discharge groundwater and stormwater collected from northwestern area of the former main plant
via Outfall 013. Such discharges shall be limited and monitored'by the permittee as specified below:
EFFLUENT
LIMITATIONS MONITORING REQUIREMENTS)
PARAMETER
Monthly Daily Measurement Sample Sample
Parameter Code Average Maximum Frequency Type Location
Flow(MGD) 50050 M&R M&R Monthly Instantaneous Effluent
Total Suspended Solids(TSS)(mg/L) CO530 M&R M&R Quarterly Composite 2 Effluent
pH(su) 00400 6.0<pH<9.0(su) Monthly Grab Effluent
Total Aluminum(µg/L) 01105 M&R M&R Quarterly Composite 2 Effluent
Total Fluoride(mg/L)3 00951 M&R M&R Quarterly Composite 2 Effluent
Total Cyanide(µg/L)3 or 00720 5.0 µg/L 46.6 µg/L Monthly Grab Effluent
Cyanide,Available(µg/L)3 00722
Carbon,Dissolved Organic 00681 M&R M&R Quarterly Composite 2 Effluent
(DOC)(As C)(mg/L)
Hardness,Total(as CaCO3)(mg/L) 00900 M&R M&R Quarterly Composite 2 Effluent
Acute Toxicity 4 TAE6C See Footnote 4 Quarterly Composite 2 Effluent
EPA Form 2C Monitoring5 NCO] See Footnote 5 See Footnote 5 Grab Effluent
M&R=Monitor and Report
Footnotes:
1. Electronic Reporting—Discharge Monitoring_Reports (eDMR). The permittee shall submit Discharge Monitoring
Reports electronically using NC DWR's eDMR application system. See Special Condition A. (7.).
2. Composite Sampling. The Permittee may use time-proportionate compositing or other sampling method provided
that the alternate method yields samples that are reasonably representative of the discharge during the monitoring
period. [15A NCAC 02B .0503 (4)&NPDES Standard Conditions Part II Section A.]
3. Testing Method Sensitivity. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR
part 136 for the analysis of pollutants. A method is "sufficiently sensitive"when: (1) The method minimum level
(ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant
parameter; or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or
required under 40 CFR chapter I, subchapter N or O for the measured pollutant or pollutant parameter. [40 CFR
122.21(e)(3)& 122.44(i), 15A NCAC 02B .0505(e)(4),NPDES Standard Conditions Part II Section D.4.].
4. Acute Toxicity. Fathead Minnow (Pimephales promelas) 24-hour LC50 (multiple-concentration) acute test,
monitoring only, once during each calendar quarter (January-March, April-June, July-September, & October-
December). See Special Condition B. (2.).
5. EPA Form 2C Monitoring.Within 180 days of the effective permit date,the permittee shall submit analyses for the
compounds in Tables A through C of EPA Form 2C(EPA Form 3510-2C). See Special Condition C. (3.).
Conditions:
(b.) Reporting of All Data. If the Permittee monitors any pollutant more frequently than required by this permit using
test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other
appropriate instrument governing the discharge,the results of such monitoring shall be included in the calculation
and reporting of the data submitted on the DMR. [40 CFR 122.41(1)(4)(ii), NPDES Standard Conditions Part II
Section E. 5.b.]
(c.) Certified Laboratories. Laboratories used for sample analysis must be certified by the Division. Analytical
determinations shall be made in adequately equipped laboratories staffed by person(s)competent to perform tests.
Only monitoring programs that provide for the making of analytical determinations by qualified employees of the
owner or by a laboratory certified by the Division under 15A NCAC 02H.0800 or 15A NCAC 02H.1100 shall be
considered adequate. [15A NCAC 02B .0505 (e)(5),NPDES Standard Conditions Part 11 Section D.4.]
Page 7 of 32

Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
A. (5.)EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—OUTFALL 019
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
(a.) During the period beginning on the effective date of this permit and lasting until permit expiration,the Permittee
is authorized to discharge overflow from the stormwater retention pond at the Old Brick Landfill from Outfall
019. Such discharges shall be limited and monitored'by the permittee as specified below:
EFFLUENT MONITORING REQUIREMENTS)
LIMITATIONS
PARAMETER
Monthly Daily Measurement Sample Sample
Parameter Code Average Maximum Frequency Type Location
Flow(MGD) 50050 M&R M&R Semi-annual Instantaneous Effluent
Total Rainfall(inches)2 46529 M&R M&R Semi-annual Rain gauge Effluent
Total Suspended Solids(TSS)(mg/L) C0530 M&R M&R Semi-annual Grab Effluent
pH(su) 00400 6.0<pH<9.0(su) Quarterly Grab Effluent
Total Aluminum(µg/L) 01105 M&R M&R Quarterly Grab Effluent
Total Fluoride(mg/L)3 00951 M&R M&R Semi-annual Grab Effluent
Total Cyanide(µg/L)3 or 00720
M&R M&R Semi-annual Grab Effluent
Cyanide,Available(µg/L)3 00722
Carbon,Dissolved Organic
(DOC)(As C)(mg/L) 00681 M&R M&R Quarterly Grab Effluent
Hardness,Total(as CaCO3)(mg/L) 00900 M&R M&R Quarterly Grab Effluent
Acute Toxicity 4 TAE6C See Footnote 4 Annual Grab Effluent
M&R=Monitor and Report
Footnotes:
1. Electronic Reporting—Discharge Monitoring_Reports (eDMR). The permittee shall submit Discharge Monitoring
Reports electronically using NC DWR's eDMR application system. See Special Condition A. (7.).
2. Rain Gauge. For each sampled representative storm event the total precipitation must be recorded. An on-site rain
gauge or local rain gauge reading must be recorded.A rain gauge is located at the entrance to the main gate.
3. Testing Method Sensitivity. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR
part 136 for the analysis of pollutants. A method is "sufficiently sensitive"when: (1) The method minimum level
(ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant
parameter; or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or
required under 40 CFR chapter I, subchapter N or O for the measured pollutant or pollutant parameter. [40 CFR
122.2l(e)(3)& 122.44(i), 15A NCAC 02B .0505(e)(4),NPDES Standard Conditions Part 11 Section D.4.].
4. Acute Toxicity. Fathead Minnow (Pimephales promelas) 24-hour LC50 (multiple-concentration) acute test,
monitoring annually. See Special Condition B. (3.).
Conditions:
(b.) If no parameters are detected during the permit cycle,this outfall may be removed from the permit after a public
notice process and consideration of public comments.
(c.) Reporting of All Data. If the Permittee monitors any pollutant more frequently than required by this permit using
test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other
appropriate instrument governing the discharge,the results of such monitoring shall be included in the calculation
and reporting of the data submitted on the DMR. [40 CFR 122.41(1)(4)(ii), NPDES Standard Conditions Part II
Section E. 5.b.]
(d.) Certified Laboratories. Laboratories used for sample analysis must be certified by the Division. Analytical
determinations shall be made in adequately equipped laboratories staffed by person(s)competent to perform tests.
Only monitoring programs that provide for the making of analytical determinations by qualified employees of the
owner or by a laboratory certified by the Division under 15A NCAC 02H.0800 or 15A NCAC 02H.1100 shall be
considered adequate. [15A NCAC 02B .0505 (e)(5),NPDES Standard Conditions Part II Section D.4.]
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Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
A. (6.) INSTREAM SAMPLE LOCATIONS—MIXING ZONE (MZ, OUTFALL 012)
[15A NCAC 02B .0500 et seq.]
(a.) The mixing zone for outfall 012 consists of a circular area with a radius of 5.6 in from the diffuser.
(b.) Instream Sampling shall be collected and reported'as follows:
MONITORING REQUIREMENTS)
PARAMETER
Parameter Code Measurement Frequency Sample Type Sample Location 2
pH(su) 00400 Monthly Grab MZ1,MZ2,MZ3
Total Cyanide(µg/L)3 or 00720 Monthly Grab MZ1,MZ2,MZ3
Cyanide,Available(µg/L)3 00722
Total Fluoride(mg/L)3 00951 Monthly Grab MZ1,MZ2,MZ3
Trichloroethylene(TCE)(µg/L)3 39180 Monthly Grab MZ1,MZ2,MZ3
Carbon,Dissolved Organic 00681 Quarterly Grab MZ1,MZ2,MZ3
(DOC)(As C)(mg/L)
Hardness,Total(as CaCO3)(mg/L) 00900 Quarterly Grab MZ1,MZ2,MZ3
Footnotes:
1. Electronic Reporting—Discharge Monitoring Reports (eDMR). The permittee shall submit Discharge Monitoring
Reports electronically using NC DWR's eDMR application system. See Special Condition A. (7).
2. Sample Locations.MZ1 —Lake Badin 20 feet from the diffuser on a parallel line projected from the diffuser.MZ2-
Lake Badin 20 feet from the diffuser on a perpendicular line projected from the diffuser(oriented SE). MZ3 -Lake
Badin 20 feet from the diffuser on a perpendicular line projected from the diffuser(oriented NW).For each instream
sampling location, samples must be collected at the surface and at depth of approximately 3.5 meters.
3. Testing Method Sensitivity. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR
part 136 for the analysis of pollutants. A method is "sufficiently sensitive"when: (1) The method minimum level
(ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant
parameter; or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or
required under 40 CFR chapter I, subchapter N or 0 for the measured pollutant or pollutant parameter. [40 CFR
122.21(e)(3)& 122.44(i), 15A NCAC 02B .0505(e)(4),NPDES Standard Conditions Part II Section D.4.].
Conditions:
(c.) Reporting of All Data. If the Permittee monitors any pollutant more frequently than required by this permit using
test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other
appropriate instrument governing the discharge,the results of such monitoring shall be included in the calculation
and reporting of the data submitted on the DMR. [40 CFR 122.41(1)(4)(ii), NPDES Standard Conditions Part II
Section E. 5.b.]
(d.) Certified Laboratories. Laboratories used for sample analysis must be certified by the Division. Analytical
determinations shall be made in adequately equipped laboratories staffed by person(s)competent to perform tests.
Only monitoring programs that provide for the making of analytical determinations by qualified employees of the
owner or by a laboratory certified by the Division under 15A NCAC 02H.0800 or 15A NCAC 02H.1100 shall be
considered adequate. [15A NCAC 02B .0505 (e)(5),NPDES Standard Conditions Part II Section D. 4.]
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Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
A. (7.)ELECTRONIC REPORTING-DISCHARGE MONITORING REPORTS
[G.S. 143-215.1 (b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports.
The final NPDES Electronic Reporting Rule was adopted and became effective on December 21,2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this permit
(Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Section D.(2.) and Section E. (5.) (a)l
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge
Monitoring Report(eDMR)internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted
monthly electronically using eDMR.The eDMR system allows permitted facilities to enter monitoring data and
submit DMRs electronically using the internet. The eDMR system may be accessed at:
https:Hdeq.nc.gov/about/divisions/water-resources/edmr.
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being
physically located in an area where less than 10 percent of the households have broadband access, then a
temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring
data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director.
Duplicate signed copies shall be submitted to the following address:
NC DEQ/Division of Water Resources/Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
See"How to Request a Waiver from Electronic Reporting"section below.
Monitoring results obtained during the previous month(s)shall be summarized for each month and reported via
the eDMR system no later than the last calendar day of the month following the completed reporting period.
Regardless of the submission method,the first DMR is due on the last day of the month following the issuance
of the permit or in the case of a new facility, on the last day of the month following the commencement of
discharge.
Starting on December 21,2025,the permittee must electronically report the following compliance monitoring
data and reports,when applicable:
• Sewer Overflow/Bypass Event Reports; and
• Pretreatment Program Annual Reports; and
• Clean Water Act(CWA) Section 316(b)Annual Reports.
The permittee may seek an electronic reporting waiver from the Division(see"How to Request a Waiver from
Electronic Reporting"section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each
electronic submission.The permittee should use the EPA's website resources to identify the initial recipient for
the electronic submission.
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Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or
the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving
electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of
electronic submission and for each state. Instructions on how to access and use the appropriate electronic
reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at:
https://www.federalregister.gov/documents/2015/10/22/2015-24954/national-pollutant-discharge-elimination-
system-npdes-electronic-reporting-rule
Electronic submissions must start by the dates listed in the"Reporting Requirements" section above.
3. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic
reporting waiver,a permittee must first submit an electronic reporting waiver request to the Division. Requests
for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at
least sixty (60) days prior to the date the facility would be required under this permit to begin submitting
monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon
expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the
permittee re-applies for and is granted a new temporary electronic reporting waiver by the Division.Approved
electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request
may submit monitoring data and reports on paper to the Division for the period that the approved reporting
waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found on the
following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
4. Signatory Requirements [Supplements Section B.(11.) (b) and Supersedes Section B.(11.) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part 11, Section
B. (11.)(a) or by a duly authorized representative of that person as described in Part 11, Section B. (11.)(b). A
person, and not a position,must be delegated signatory authority for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and
login credentials to access the eDMR system. For more information on North Carolina's eDMR system,
registering for eDMR and obtaining an eDMR user account,please visit the following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
7 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 manage 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 information, including the possibility of fines and imprisonment for knowing violations."
5. Records Retention [Supplements Section D. (6.)]
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These
records or copies shall be maintained for a period of at least 3 years from the date of the report.This period may
be extended by request of the Director at any time [40 CFR 122.41].
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Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
SECTION B—AQUATIC TOXICITY CONDITIONS
B. (1.) ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY)
OUTFALLS 005 & 012 [15A NCAC 02B .02001 [15A NCAC 02B .0500 et seq]
The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the North Carolina
Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A Single Effluent
Concentration"(Revised December 2010 or subsequent versions).The monitoring shall be performed as a Fathead
Minnow(Pimephales promelas)24-hour pass/fail acute test.The effluent concentration at which there may be at
no time significant acute mortality is 90% (defined as treatment two in the procedure document). The tests will be
performed once during each calendar quarter (January-March, April-June, July-September, and October-
December). Effluent sampling for this testing must be obtained during representative effluent discharge and shall
be performed at the NPDES permitted final effluent discharge below all treatment processes.
Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will
begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will
revert to quarterly in the months specified above.
All toxicity testing results required as part of this permit condition will be entered electronically using the Division's
eDMR system for the month in which it was performed, using the parameter code TGE6C. Additionally, DWR
Form AT-2 (original) is to be sent to the following address:
North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh,NC 27699-1621
Or,results can be sent to the email,[e-mail].
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after
the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature.
Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for
disinfection of the waste stream.
Should there be no discharge [no flow] from the facility during a quarter in which Quarterly toxicity monitoring is
required, the Permittee will complete the information located at the top of the aquatic toxicity (AT) test form
indicating the facility name,permit number,pipe number,county,and the month/year of the report with the notation
of"No Flow"in the comment area of the form. The report shall be submitted to the Water Sciences Section at the
address cited below.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly
monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test
requirement will revert to quarterly in the months specified above. Assessment of toxicity compliance is based on
the toxicity testing quarter,which is the three-month time interval that begins on the first day of the month in which
toxicity testing is required by this permit and continues until the final day of the third month.
Should any test data from either these monitoring requirements or tests performed by the North Carolina Division
of Water Resources indicate potential impacts to the receiving stream, this permit may be re-opened and modified
to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism
survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-
up testing to be completed no later than the last day of the month following the month of the initial monitoring.
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Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
B. (2.)ACUTE TOXICITY MONITORING (QUARTERLY)—OUTFALLS 011 & 013
[15A NCAC 02B .02001 [15A NCAC 02B .0500 et seq]
The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined as definitive in E.P.A.
Document EPA/600/4-90/027 entitled"Methods for Measuring the Acute Toxicity of Effluents to Freshwater and
Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour
LC50(multiple-concentration)acute test.Effluent samples for self-monitoring purposes must be obtained during
representative effluent discharge below all waste treatment. The tests will be performed on a discharge event
during each calendar quarter(January-March,April-June,July-September,and October-December).
The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will
be entered on the Effluent Discharge Form(MR-1) for the month in which it was performed,using the appropriate
parameter code. Additionally,DWR Form AT-1 (original)is to be sent to the following address:
North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh,NC 27699-1621
Or,results can be sent to the email,ATForms.ATB&deq.nc.gov.
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30
days after the end of the reporting period for which the report is made
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature.
Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for
disinfection of the waste stream.
Should there be no discharge [no flow] from the facility during a quarter in which Quarterly toxicity monitoring is
required, the Permittee will complete the information located at the top of the aquatic toxicity (AT) test form
indicating the facility name,permit number,pipe number,county,and the month/year of the report with the notation
of"No Flow"in the comment area of the form. The report shall be submitted to the Water Sciences Section at the
address cited below.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly
monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test
requirement will revert to quarterly in the months specified above. Assessment of toxicity compliance is based on
the toxicity testing quarter,which is the three-month time interval that begins on the first day of the month in which
toxicity testing is required by this permit and continues until the final day of the third month.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water
Resources indicate potential impacts to the receiving stream,this permit may be re-opened and modified to include
alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism
survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-
up testing to be completed no later than the last day of the month following the month of the initial monitoring.
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Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
B. (3.)ACUTE TOXICITY MONITORING (ANNUAL)—OUTFALL 019
[15A NCAC 02B .02001 [15A NCAC 02B .0500 et seq]
The permittee shall conduct annual toxicity tests using protocols defined as definitive in E.P.A. Document
EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine
Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour LC50
(multiple-concentration) acute test. Effluent samples for self-monitoring purposes must be obtained below all
waste treatment. The permittee will conduct one test annually,with the annual period beginning in January of the
calendar year of the effective date of the permit.
Should there be no discharge of flow from the facility during the year in which toxicity monitoring is
required,the permittee will submit the aquatic toxicity(AT)test form with the notation of"No Flow"in
the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited
above. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit
condition will be entered on the Effluent Discharge Form(MR-1) for the month in which it was performed,using
the appropriate parameter code.Additionally,DWR Form AT-1 (original) is to be sent to the following address:
North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh,NC 27699-1621
Or,results can be sent to the email,ATForms.ATBkdeq.nc.gov.
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature.
Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for
disinfection of the waste stream.
Should any test data from either these monitoring requirements or tests performed by the North Carolina Division
of Water Resources indicate potential impacts to the receiving stream, this permit may be re-opened and modified
to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism
survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-
up testing to be completed no later than the last day of the month following the month of the initial monitoring.
Page 14 of 32

Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
SECTION C—SPECIAL CONDITIONS
C. (1.) PERMIT RE-OPENER: SUPPLEMENTARY MONITORING
[G.S. 143-215.1 (b)]
(a.) The permittee shall notify the Division if any industrial activity is proposed to take place at the facility,which
changes the characteristics of the wastewater as authorized in this permit or adds additional sources of
wastewater. A notification shall be submitted to the Division describing the new activities and expected
wastewater characteristics 90 days prior to proposed start of operations.
(b.) Pursuant to 15A NCAC 02B .0508 (c)(2) and G.S. 143-215.66, the Director shall prescribe the number and
location of sampling points and the frequency with which tests and measurements must be made to
characterize the effects of the discharges upon the waters of this state.
C. (2.) OUTFALL SIGNAGE—OUTFALLS 011, 012 & 043
[G.S. 143-215.1 (b)]
(a.) Within 30 days of the effective permit date, the Permittee shall maintain permanent signage identifying
Outfalls 011, 012, and 013 as a wastewater discharge point. Since Outfalls 011 and 012 discharges are in
close proximity,one sign can be used for both Outfalls 011 and 012. The permittee may request an extension
of the schedule if they need to obtain permission from property owners to install signage. Unless approved
otherwise by the Director,the signage shall conform to the following specifications:
(i.) It shall be located in reasonable proximity to the outfall.
(ii.) It shall be clearly visible to persons on the adjoining property and in or near the surrounding waters
and, shall:
(A) be printed on both front and back
(B) be located at least 3 feet above ground level
(C) at least two feet by two feet(2ft x 2ft) in size
(D) consist of black letters on a white field;the word"notice"to be at least 3 inches tall and the
remaining words to be at least 2 1/4 inches tall.
(b.) The signage shall contain, at a minimum,the following information:
NOTICE
THIS IS A DISCHARGE POINT
from the
Badin Business Park Facility
For more information contact:
Badin Business Park, LLC
NPDES PERMIT NC0004308
<local contact number for the facility>
NORTH CAROLINA
DIVISION OF WATER RESOURCES
MOORESVILLE REGIONAL OFFICE
Regional Office phone# [phone]
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Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
C. (3.) ADDITIONAL EFFLUENT MONITORING REQUIREMENTS
OUTFALLS 005, 012, & 013 [G.S. 143-215.1(b)]
(a.) Within 180 days of the effective permit date,the permittee shall submit analyses for the compounds in Tables
A through C of EPA Form 2C (EPA Form 3510-2C) for Outfalls 005, 012, &013 and submit to the address
below [see C. (3.) (f)]. This form shall also be used for NPDES permit renewal [40 CFR 122].
(b.) The permit may be reopened and modified if there are any parameters detected at levels of concern.
(c.) Testing Method SensitivitX. The permittee shall use sufficiently sensitive test procedures approved under 40
CFR part 136 for the analysis of pollutants. A method is "sufficiently sensitive" when: (1) The method
minimum level (ML) is at or below the level of the effluent limit established in the permit for the measured
pollutant or pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved
under 40 CFR part 136 or required under 40 CFR chapter I, subchapter N or O for the measured pollutant or
pollutant parameter. [40 CFR 122.21(e)(3) & 122.44(i), 15A NCAC 02B .0505(e)(4), NPDES Standard
Conditions Part 11 Section D. 4.].
(d.) Reporting of All Data. If the Permittee monitors any pollutant more frequently than required by this permit
using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or
other appropriate instrument governing the discharge,the results of such monitoring shall be included in the
calculation and reporting of the data submitted on the DMR. [Also see 40 CFR 122.41(1)(4)(ii), NPDES
Standard Conditions Part II Section E. 5. b.]
(e) Certified Laboratories.Laboratories used for sample analysis must be certified by the Division. Analytical
determinations shall be made in adequately equipped laboratories staffed by person(s)competent to perform
tests. Only monitoring programs that provide for the making of analytical determinations by qualified
employees of the owner or by a laboratory certified by the Division under 15A NCAC 02H .0800 or 15A
NCAC 02H .1100 shall be considered adequate. [15A NCAC 02B .0505 (e)(5),NPDES Standard
Conditions Part 11 Section D. 4.]
(f) Effluent Scan Reporting:
(i) For the eDMR application system, under the parameter code for the pollutant scan [NCO]], indicate
whether the test was performed by entering"1"for"yes"and"0" for"no".
(ii.) Any detection of analytes shall be entered in eDMR,using the appropriate parameter code listed in the
Tables A through C below.
(iii.) Parameter codes noted with "+" in the Tables A through C below may not currently be allowed in
eDMR and will need to be added by the eDMR administrator.Please submit requests to add parameters
to the appropriate eDMR contacts with the Division.
(iv.) A current List of Parameters Allowed for DMRs can be found at the following webpage:
https://deq.nc.fzov/about/divisions/water-resources/edmr/user-documentation.
(g.) The analyses can be sent to:
NCDEQ/Division of Water Resources
NPDES Industrial Permitting Unit
1617 Mail Service Center
Raleigh,NC 27699-1617
Or the analyses may be uploaded at:
https://edocs.deq.nc.gov/Fonns/NPDES W W-EDMR-Supplemental-Form
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Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
ii
BLE A.CONVENTIONAL AND NON-CONVENTIONAL POLLUTANTS [(40 CFR 122.21(g)(7)(iii)]
ICIS ICIS
Pollutant/Parameter Parameter Pollutant/Parameter Parameter
Code Code
Biochemical Oxygen Demand(BODO C0310 5. Ammonia(as N) C0610
2. Chemical Oxygen Demand(COD) C0340 6. Flow 50050
3. Total Organic Carbon(TOC) 00680 7. Temperature(winter) 00010
Temperature summer
4. Total Suspended Solids(TSS)1 C0530 8. pH(minimum) 00400
H maximum
TABLE B.TOXIC METALS,TOTAL PHENOLS,AND ORGANIC TOXIC POLLUTANTS[(40 CFR 122.21(g)(7)(v)]
CAS No. ICIS I
CAS No. ICIS
Pollutant/Parameter (if available) Parameter Pollutant/Parameter (if available) Parameter
Code Code
Section 1.Toxic Metals,Cyanide,and Total Phenols
1.1 Antimony,total 7440-36-0 01097 1.9 Nickel,total 7440-02-0 01067
1.2 Arsenic,total 7440-38-2 01002 1.10 Selenium,total 7782-49-2 01147
1.3 Beryllium,total 7440-41-7 01012 1.11 Silver,total 7440-22-4 01077
1.4 Cadmium,total 7440-43-9 01027 1.12 Thallium,total 7440-28-0 01059
1.5 Chromium,total 7440-47-3 C0034 1.13 Zinc,total 7440-66-6 01092
1.6 Copper,total 7440-50-8 01042 1.14 Cyanide,total 1 57-12-5 00720
1.7 Lead,total 7439-92-1 01051 Phenols,Total Recoverable
1.8 Mercury,total 7439-97-6 COMER 1.15 (EPA Method 420.1 or 420.4) C0730
Section 2.Organic Toxic Pollutants GC/MS Fraction-Volatile Compounds)
2.1 Acrolein 107-02-8 34210 2.15 1,2-dichloropropane 78-87-5 34541
2.2 Acrylonitrile 107-13-1 34215 2.16 1,3-dichloropropylene 542-75-6 51044
2.3 Benzene 71-43-2 34030 2.17 Ethylbenzene 100-41-4 34371
2.4 Bromoform 75-25-2 32104 2.18 Methyl bromide 74-83-9 34413
Bromomethane
2.5 Carbon Tetrachloride 56-23-5 32102 2.19 Methyl chloride 74-87-3 34418
chloromethane
2.6 Chlorobenzene 108-90-7 34301 2.20 Methylene chloride 75-09-2 34423
2.7 Chlorodibromomethane 124-48-1 34306 2.21 1,1,2,2-tetrachloroethane 79-34-5 34516
2.8 Chloroethane 75-00-3 85811 2.22 Tetrachloroethylene 127-18-4 34475
2.9 2-chloroethylvinyl ether 110-75-8 34576 2.23 Toluene 108-88-3 34010
2.10 Chloroform 67-66-3 32106 2.24 1,2-trans-dichloroethylene 156-60-5 34546
2.11 Dichlorobromomethane 75-27-4 32101 2.25 1,1,1-trichloroethane 71-55-6 34506
romodichloromethane
2.12 1,1-dichloroethane 75-34-3 34496 2.26 1,1,2-trichloroethane 79-00-5 34511
2.13 1,2-dichloroethane 107-06-2 32103 2.27 Trichloroethylene 79-01-6 39180
2.14 1,1-dichloroethylene 75-35-4 34501 2.28 Vinyl chloride 75-01-4 39175
Section 3.Organic Toxic Pollutants(GC/MS Fraction-Acid Compounds)
3.1 2-chlorophenol 95-57-8 34586 3.7 4-nitrophenol 100-02-7 34646
3.2 2,4-dichlorophenol 120-83-2 34601 3.8 p-chloro-m-cresol 59-50-7 34452
3.3 2,4-dimethylphenol 105-67-9 34606 3.9 Pentachlorophenol 87-86-5 39032
3.4 4,6-dinitro-o-cresol 534-52-1 34657 3.10 Phenol 108-95-2 34694
3.5 2,4-dinitrophenol 51-28-5 34616 3.11 2,4,6-trichlorophenol 88-05-2 34621
3.6 2-nitrophenol 88-75-5 34591
Section 4.Organic Toxic Pollutants GC/MS Fraction-Base/Neutral Com oun
4.1 Acenaphthene(PAH) 83-32-9 34205 4.24 Diethyl phthalate 84-66-2 34336
4.2 Acenaphthylene(PAH) 208-96-8 34200 4.25 Dimethyl phthalate 131-11-3 34341
4.3 Anthracene(PAH) 120-12-7 CO220 4.26 Di-n-butyl phthalate 84-74-2 39110
4.4 Benzidine 92-87-5 39120 4.27 2,4-dinitrotoluene 121-14-2 34611
4.5 Benzo(a)anthracene(PAH) 56-55-3 C0526 4.28 2,6-dinitrotoluene 606-20-2 C0626
4.6 Benzo(a)pyrene(PAH) 50-32-8 34247 4.29 Di-n-octyl phthalate 117-84-0 34596
4.7 3,4-benzofluoranthene(PAH) 205-99-2 C0531 4.30 1,2-Diphenylhydrazine 122-66-7 34346
asazobenzene
4.8 Benzo(ghi)perylene(PAM 191-24-2 34521 4.31 Fluoranthene(PAH) 206-44-0 C0376
4.9 Benzo(k)fluoranthene(PAH) 207-08-9 34242 4.32 Fluorene(PAH) 86-73-7 34381
4.10 Bis(2-chloroethoxy)methane 111-91-1 34278 4.33 Hexachlorobenzene 118-74-1 C0700
4.11 Bis(2-chloroethyl)ether 111-44-4 34273 4.34 Hexachlorobutadiene 87-68-3 C0702
4.12 Bis(2-chloroisopropyl)ether 102-80-1 34283 4.35 Hexachlorocyclopentadiene 77-47-4 34386
4.13 1 Bis(2-ethylhexyl)phthalate 1 117-81-7 1 C0100 4.36 1 Hexachloroethane 1 67-72-1 1 34396
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rTABLEXIC METALS,TOTAL PHENOLS,AND ORGANIC TOXIC POLLUTANTS[(40 CFR 122.21(g)(7)(v)]
CAS No. ICIS CAS No. ICIS
t/Parameter (if available) Parameter Pollutant/Parameter (if available) Parameter
Code Code
4.14 4-bromophenyl phenyl ether 101-55-3 34636 4.37 Pdeenno(1,2,3-cd)pyrene 193-39-5 34403
4.15 Butyl benzyl phthalate 85-68-7 34292 4.38 Isophorone 78-59-1 34408
4.16 2-chloronaphthalene 91-58-7 34581 4.39 Naphthalene 91-20-3 34696
4.17 4-chlorophenyl phenyl ether 7005-72-3 34641 4.40 Nitrobenzene 98-95-3 34447
4.18 Chrysene(PAH) 218-01-9 34320 4.41 N-nitrosodimethylamine 62-75-9 34438
4.19 Dibenzo(a,h)anthracene 53-70-3 34556 4.42 N-nitrosodi-n-propylamine 621-64-7 34428
4.20 1,2-dichlorobenzene 95-50-1 34536 4.43 N-nitrosodiphenylamine 86-30-6 34433
4.21 1,3-dichlorobenzene 541-73-1 34566 4.44 Phenanthrene(PAH) 85-01-8 34461
4.22 1,4-dichlorobenzene 106-46-7 34571 4.45 Pyrene(PAH) 129-00-0 34469
4.23 3,3-dichlorobenzidine 91-94-1 34631 4.46 1,2,4-trichlorobenzene 120-82-1 C0551
Section 5.Organic Toxic Pollutants GC/MS Fraction-Pesticides
5.1 Aldrin 309-00-2 39330 5.14 Endrin 72-20-8 39390
5.2 a-BHC 319-84-6 39336 5.15 Endrin aldehyde 7421-93-4 34366
5.3 R-BHC 319-85-7 39338 5.16 Heptachlor 76-44-8 39410
5.4 r-BHC 58-89-9 39344 5.17 Heptachlor epoxide 1024-57-3 39420
5.5 8-BHC 319-86-8 34198 5.18 PCB-1242 53469-21-9 39496
5.6 Chlordane(tech mix.and 57-74-9 39350 5.19 PCB-1254 11097-69-1 39504
metabolites
5.7 4,4'-DDT 50-29-3 39300 5.20 PCB-1221 11104-28-2 39488
5.8 4,4'-DDE 72-55-9 39320 5.21 PCB-1232 11141-16-5 39492
5.9 4,4'-DDD 72-54-8 39310 5.22 PCB-1248 12672-29-6 39500
5.10 Dieldrin 60-57-1 39380 5.23 PCB-1260 11096-82-5 39508
5.11 a-endosulfan 115-29-7 34361 5.24 PCB-1016 12674-11-2 34671
5.12 O-endosulfan 115-29-7 34356 5.25 Toxaphene 8001-35-2 39400
5.13 1 Endosulfm sulfate 1031-07-8 34351
Abbreviations: PAH=Polycyclic Aromatic Hydrocarbons;PCB=Polychlorinated Biphenyls
Footnotes: 1.Total Cyanide:Available Cyanide is not applicable for meeting this monitoring condition.
TABLE C.CERTAIN CONVENTIONAL AND NON-CONVENTIONAL POLLUTANTS[(40 CFR 122.21(g)(7)(vi)]
CAS No. ICIS CAS No. ICIS
Pollutant/Parameter (if available) Parameter Pollutant/Parameter (if available) Parameter
Code Code
1. Bromide 24959-67-9 71870 13. Surfactants MBAS 38260
2. Chlorine,total residual 50060 14. Aluminum,total 7429-90-5 01105
Color,Apparent(Pt-Co), 00081,
Color,Spectrophoto- 00083,
3 Metric Filter, 15. Barium,total 7440-39-3 01007
Color,Spectrophoto,Wtr 00082,
Smpl at 7.6 PH,or or
Color,True Pt-Co 80114
4. Fecal coliform 31616 16. Boron,total 7440-42-8 01022
5. Fluoride 2 16984-48-8 00951 17. Cobalt,total 7440-48-4 01037
6. Nitrate-nitrite 00630 18. Iron,total 7439-89-6 01045
7 Nitrogen,total organic(as 00605 19. Magnesium,total 7439-95-4 00927
Oil and grease(EPA
8. Method 1664[SGT- 00556 20. Molybdenum,total 7439-98-7 01062
HEM
9. Phosphorus as P,total 7723-14-0 C0665 21. Manganese,total 7439-96-5 01055
10. Sulfate as SO4 14808-79-8 00945 22. Tin,total 7440-31-5 01102
11. Sulfide as S 00745 23. Titanium,total 7440-32-6 01152
Radioactivity 82066
Alpha,total 82077
12. Sulfite(as S03) 14265-45-3 00740 24. Beta,total 03520
Radium,total 51767+
Radium 226,total 09501+
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Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
SECTION D - STORMWATER MANAGEMENT REQUIREMENTS
D. (L) INDIVIDUAL PERMIT COVERAGE—OUTFALLS 002, 004, 017, 018, 020, 022 & 023
(a.) During the period beginning on the effective date of the permit and lasting until permit expiration, the
Permittee is authorized to discharge [See Maps A,B &C]:
• Outfalls 002,004& 020—stormwater collected from the eastern area of the former main plant
• Outfall 017—stormwater collected from the southern area of the former main plant
• Outfalls 018, 022 & 023 — stormwater collected from the south and west of the former main plant to
include portions of the town of Badin and the Alcoa/Badin municipal landfill.
Such discharges shall be limited and monitored by the permittee as specified below in Sections D.(2.)through
D. (5.).[NCGS 143-215.1(a)].
(b.) If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR
§122.26(g), the facility may qualify for a No Exposure Certification from NPDES stormwater discharge
permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must:
(i.) Submit a No Exposure Certification application form to the Division of Water Resources(Division),
(ii.) Receive approval from the Division,
(iii.) Maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater
permit, and
(iv.) Recertify the No Exposure Certification annually.[40 CFR 122.26(g); 15A NCAC 02H.0143(a)(10)1
(c.) Until this permit expires or is modified or revoked,the permittee is authorized to discharge stormwater to the
surface waters of North Carolina or separate storm sewer system that has been adequately treated and
managed in accordance with the terms and conditions of this permit.[NCGS 143-215.](a)]
(d.) Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-
stormwater discharge or is covered by Part I, Section A of this permit, another permit, authorization, or
approval. The stormwater discharges allowed by this permit shall not cause or contribute to violations of
Water Quality Standards.[NCGS 143-215.1(a); 40 CFR 122.44(d); ISA NCAC 02H.0143(a)(25)1
(e.) This permit does not relieve the permittee from responsibility for compliance with any other applicable
federal, state, or local law, rule, standard, ordinance, order,judgment, or decree. [NCGS 143-215.](a); 40
CFR 122.491
D. (2.) STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
(a.) The permittee shall develop and implement a Stormwater Pollution Prevention Plan(SWPPP). The SWPPP
shall be maintained on site unless exempted from this requirement by the Division. The permittee shall
implement the SWPPP and all Best Management Practices (BMPs) consistent with the provisions of this
permit,to control contaminants entering surface waters. These items shall exist for the duration of the permit
term and be made available to the Director upon request,and shall also be sent to the Division's Mooresville
Regional Office upon request. The SWPPP shall be considered public information in accordance with Part
A Standard Conditions, Section E Paragraph 10 of this permit.
(b.) The SWPPP shall include,at a minimum,the following items:
1. Responsible Party
[40 CFR 122.44(k); ISA NCAC 02H.0143(a)(25)1
The SWPPP shall identify (a) specific position(s) responsible for the overall coordination, development,
implementation,and revision of the SWPPP.Responsibilities for all components of the SWPPP shall be documented
and position assignments provided.
2. General Location Map
[40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)1
The General Location Map shall be a USGS quadrangle map or appropriately drafted equivalent map that includes:
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(i.) The facility's location in relation to transportation routes and surface waters;
(ii.) The name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is to a
Municipal Separate Storm Sewer System (MS4), the name of the municipality and the ultimate receiving
waters;
(iii.) Any impaired receiving waters (use the most recent Final Integrated Report at
https://www.deq.nc.gov/about/divisions/water-resources/water-planning/modeling-assessment/water-
quality-data-assessment/integrated-report-files to identify impaired waters); and
(iv.) If the site is located in a watershed for which a Total Maximum Daily Load(TMDL)has been established,
include a list of the parameter(s)of concern(those exceeding water quality standards).
3. Site Map
[40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)J
The Site Map shall include the following at a scale sufficient to clearly depict all required features.At a minimum,
the map shall include:
(i.) Site property/permit boundary;
(ii.) Site topography and finished grade;
(iii.) Buildings,roads,parking areas and other built-upon areas;
(iv.) Industrial activity areas (including: fueling, vehicle maintenance and repair, washing of materials or
equipment,storage of materials,disposal areas,process areas,loading and unloading areas,and haul roads);
(v.) A table of stormwater discharge outfalls and their latitudes and longitudes;
(vi.) Drainage area for each outfall with an estimation of impervious area percentage;
(vii.) Stormwater Control Measures(SCMs);
(viii.)All stormwater collection/drainage features, structures and direction of flow;
(ix.) On-site and adjacent surface waters and wetlands; and
(x.) A graphic scale and north arrow.
4. Narrative Description of Industrial Processes
[40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)J
The narrative description shall include:
(i.) Storage practices;
(ii.) Loading and unloading activities;
(iii.) Outdoor process areas;
(iv.) Dust or particulate generating and control processes;
(v.) Waste disposal practices; and
(vi.) A list of the potential pollutants that could be expected to be present in the stormwater discharge from each
outfall.
5. Evaluation of Stormwater Outfalls
[NCGS 143-215.1; 40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)J
On an annual basis, the permittee shall evaluate all stormwater outfalls for the presence of non-stormwater
discharges.
(i.) If non-stormwater discharges are present, the permittee shall identify the source and record whether the
discharge is otherwise permitted by rule or a different permit. The permittee shall evaluate the
environmental significance of the non-stormwater discharges and include a summary written record and
certification statement. The certification statement and summary written record shall be retained with the
SWPPP and shall be dated and signed in accordance with the requirements found in Part II, Standard
Conditions, Section B Paragraph 11 of this permit.
(ii.) If non-stormwater discharges are not present, the permittee shall include a summary written record of the
evaluation performed and certification statement. The certification statement and summary written record
shall be retained with the SWPPP and shall be dated and signed in accordance with the requirements found
in Part II, Standard Conditions, Section B Paragraph 11 of this permit.
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6. Narrative Description of Stormwater SCMs/BMPs
[40 CFR 122.44(k); I5A NCAC 02H.0143(a)(25)J
A narrative description of structural Stormwater Control Measures (SCMs) and non-structural Best Management
Practices(BMPs)on site shall be provided.Appropriate SCMs/BMPs may include,but are not limited to,vegetative
swales,berms, and reuse of collected stormwater(such as for an industrial process or as an irrigation source) in a
manner that reduces pollutants in stormwater discharges leaving the site. The installation and implementation of
SCMs/BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of
pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The
Narrative Description of SCMs/BMPs shall be reviewed and updated annually.
The narrative description of stormwater SCMs/BMPs shall include:
(i.) A written record of the specific rationale for installation and implementation of the selected site SCMs
and/or BMPs; and
(ii.) BMPs for vehicle maintenance activities.
7. Facility Inspections
[40 CFR 122.44(k); ISA NCAC 02H.0143(a)(25)J
Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good
Housekeeping Program at a minimum on a quarterly schedule, with at least 30 days separating inspection dates
(unless performed more frequently than quarterly). These facility inspections are different from, and in addition to,
the stormwater discharge characteristic monitoring at the outfalls required in Parts D.(3.)and D. (4,)of this permit.
8. Secondary Containment Plan
[40 CFR 122.44(k); ISA NCAC 02H.0143(a)(25)J
In order to prevent leaks and spills from contaminating stormwater runoff, secondary containment is required for:
bulk storage of liquid materials including petroleum products; storage in any amount of water priority chemicals
listed in Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA); and storage of
hazardous substances in any amount.
For facilities subject to the federal Spill Prevention, Control, and Countermeasure (SPCC) regulation, the SPCC
Plan may be used to support compliance with this requirement.
The Secondary Containment Plan shall include:
(i.) A table or summary of tanks and stored materials equipped with secondary containment systems;
(ii.) Manually activated valves or other similar devices that are securely closed with a locking mechanism if the
secondary containment devices are connected to stormwater conveyance system;
(iii.) A commitment to visually observe any accumulated stormwater prior to release for color, foam, outfall
staining, visible sheens, and dry weather flow. Accumulated stormwater may be released if found to be
uncontaminated by any material. Accumulated stormwater found to be contaminated shall not be released
from the containment area;
(iv.) Records on every release from a secondary containment system that include: the individual making the
observation, a description of the accumulated stormwater, and the date and time of the release. These
records shall be kept for a period of five(5)years.
9. Spill Prevention and Response Procedures
[40 CFR 122.44(k); I5A NCAC 02H.0143(a)(25)J
A responsible person shall be on-site at all times during facility operations that have potential to contaminate
stormwater runoff through spills or exposure of materials associated with the facility operations. For facilities
subject to the federal Spill Control and Countermeasure(SPCC)regulation,the SPCC Plan may be used to support
compliance with this permit.The Spill Prevention and Response Procedures(SPRP)shall incorporate an assessment
of potential pollutant sources based on a materials inventory of the facility. The SPRP must be site specific.An oil
SPCC Plan may be a component of the SPRP. The common elements of the SPCC used to meet the SPRP shall be
incorporated by reference into the SPRP.
The Spill Prevention and Response Procedures(SPRP) shall include at minimum:
(i.) An assessment of areas of the facility where there is the potential for spills;
(ii.) A list of trained facility personnel responsible for implementing the SPRP;
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(iii.) A signed and dated acknowledgement in which staff members accept responsibilities for the SPRP;
(iv.) A supply of spill response materials and equipment and the locations for storing these items;
(v.) Written procedures for proper cleanup and disposal of spilled materials; and
(vi.) A list of significant spills or leaks of pollutants that have occurred during the previous three(3) years and
any corrective actions taken to mitigate spill impacts or the notation that no spills have occurred. This list
shall be updated on annual basis.
10. Preventative Maintenance and Good Housekeeping Program
[40 CFR 122.41(e), 122.44(k); 15A NCAC 02H.0143(a)(22), (25)J
A preventative maintenance and good housekeeping program(PMGHP) shall be developed and implemented. The
program shall address all stormwater control measures (SCMs) (if applicable), stormwater discharge outfalls, all
on-site and adjacent surface waters and wetlands,industrial activity areas(including material storage areas,material
handling areas,disposal areas,process areas,loading and unloading areas,and haul roads),all drainage features and
structures,and existing structural SCMs and non-structural BMPs.
The PMGHP shall include:
(i.) A schedule of inspections,maintenance and housekeeping measures for industrial activity areas including,
at a minimum,all material storage and handling areas,disposal areas,process areas,loading and unloading
areas, haul roads, and vehicle maintenance areas. Inspections shall occur at a minimum on a quarterly
schedule. A minimum of thirty(30)days must separate each inspection:
• Period 1: January 1 —March 31
• Period 2: April 1 —June 30
• Period 3: July 1 —September 30
• Period 4: October 1 —December 31
(ii.) A plan for disposing spent lubricants and fuels properly and in accordance with applicable federal disposal
regulations (if applicable); and
(iii.) A record of inspections,maintenance, and housekeeping activities.
11. Employee Training
[40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)J
Training programs shall be provided at a minimum on an annual basis for facility personnel with responsibilities
for: spill response and cleanup,preventative maintenance activities,and for any of the facility's operations that have
the potential to contaminate stormwater runoff. The facility personnel responsible for implementing the training
shall be identified,and their annual training shall be documented by the signature of each employee trained.
The annual employee training shall include, at a minimum,the following topics:
(i.) General stormwater awareness;
(ii.) Spill response and cleanup procedures;
(iii.) Preventative maintenance and good housekeeping activities;
(iv.) Secondary containment releases; and
(v.) Fueling procedures (if applicable).
12. Representative Outfall
[40 CFR 122.41(e), 122.44(k); 15A NCAC 02H.0143(a)(22), (25)J
If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to
be sampled,the permittee may petition the Director for representative outfall status(ROS). If it is established that
the stormwater discharges are substantially identical, and the permittee is granted ROS, then analytical sampling
requirements may be performed at a reduced number of outfalls.
If the Division has granted ROS,written documentation from the Division shall be part of the SWPPP.The permittee
shall notify the Division of any site or activity modifications that result in a change to ROS.
The permittee must request reissuance of ROS by submitting a written request to the Division's Central Office at
least one hundred and eighty(180)days prior to the expiration of this permit to maintain ROS.
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13. Annual SWPPP Review and Update
[40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)J
All aspects of the SWPPP shall be reviewed and updated on an annual basis.The permittee shall amend the SWPPP
whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the
physical features which may have a significant effect on the potential for the discharge of pollutants to surface
waters.
In addition to the other items in Part B of the permit,the SWPPP update shall include:
(i.) An updated list of significant spills or leaks of pollutants for the previous three (3) years, or the notation
that no spills have occurred;
(ii.) A written certification that the stormwater outfalls have been evaluated for the presence of non-stormwater
discharges;
(iii.) A documented re-evaluation of the effectiveness of the on-site SCMs and BMPs in minimizing the
contamination of stormwater runoff, including a summarization of all SCM inspections conducted
throughout the year preceding the annual update; and
(iv.) A statement that annual training requirements were met in the past year; and
(v.) A review and comparison of sample analytical data to benchmark values(if applicable) over the past year,
including an evaluation of Tiered Response status. The permittee shall use DEMLR's Annual Summary
Discharge Monitoring Report(DMR) form, available from the Stormwater Permitting Program's website
htips:Hdeq.nc.,gov/about/divisions/energy-mineral-and-land-resources/stormwater/stormwater-
pro r�pdes-industrial-program/individual-industrial-permits. This form should be kept with the
SWPPP and does not need to be submitted to the Division of Water Resources.
14. Notice to Modify SWPPP
[40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)J
The Director may notify the permittee when the SWPPP does not meet one or more of the minimum requirements
of the permit.Within 30 days of such notice,the permittee shall submit a time schedule to the Director for modifying
the SWPPP to meet minimum requirements.The permittee shall provide certification in writing(in accordance with
Part HI, Standard Conditions, Section B Paragraph 11 of this permit) to the Director that the changes have been
made.
15. SWPPP Documentation
[40 CFR 122.416), 122.44(k); 15A NCAC 02H.0 143(a)(22), (25)J
Documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to
employees, including the log of the sampling data and of actions taken to implement SCMs and BMPs associated
with the industrial activities,including vehicle maintenance activities. Such documentation shall be kept on-site for
a period of five(5)years and made available to the Division immediately upon request.
16. Solvent Management Plan
[40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)J
The Solvent Management Plan shall be incorporated as a separate chapter into the Stormwater Pollution Prevention
Plan(SWPPP). The Solvent Management Plan(SMP) shall include:
(i.) An annually updated and quantified inventory of solvents present on site during the previous three(3)years;
(ii.) A narrative description of the facility locations and uses of solvents;
(iii.) The method of disposal,including quantities disposed on-site and off-site; and
(iv.) The management procedures and engineering measures for assuring that solvents do not spill or leak into
stormwater.
If solvents are not stored or used onsite, the owner must certify that in the SWPPP. The Division may, at its
discretion,require submittal,review,and approval of the SMP.
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D. (3.) QUALITATIVE MONITORING OF STORMWATER DISCHARGES
(a.) The purpose of qualitative monitoring is to implement a quick and inexpensive way to evaluate the
effectiveness of the permittee's SWPPP, to identify the potential for new sources of stormwater pollution,
and to prompt the permittee's response to pollution.
1. Visual Inspections
[40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)J
(L) Visual inspections shall be made at each stormwater discharge outfall (SDO) that discharges stormwater
associated with industrial activity unless representative outfall status specifically for visual monitoring has
been approved in writing by the Division.
(ii.) Visual inspections shall be performed concurrent with required analytical monitoring on a quarterly
basis.Note: These monitoring requirements will increase to a monthly basis when responding to Tier Two
status.
(iii.) Visual inspections are not required to be performed outside of the facility's normal operating hours.
(iv.) Inability to perform inspections because of adverse weather or lack of discharge during the monitoring
period shall not constitute a failure to monitor if the event is documented in the SWPPP and recorded
on the Qualitative Monitoring Report.
(v.) Visual inspections shall include observations in Table 1 below:
Table 1. Summary of Quarterly Visual Inspections for Stormwater Discharges at
Outfalls 002,004,017,018,020,022& 023
Parameter 2 Sample
Code for Parameter Frequency Type Response
Reporting 1 77
Presence Of Condition:Yes= 1,No=0.
If Yes,describe the color of the discharge
51201 Color Quarterly Estimate using basic colors(red,brown,blue,etc.)
and tint(light,medium,dark)as descriptors
in the comments section of eDMR.
Presence Of Condition:Yes= 1,No=0.
Enter description in comments section of
01330 Odor Quarterly Estimate eDMR of any distinct odors that the
discharge may have(i.e., smells strongly of
oil,weak chlorine odor,etc.).
Presence Of Condition:Yes= 1,No=0.
Enter the number in the comments section of
51616 Transparency(Clarity)3 Quarterly Estimate eDMR which best describes the clarity of the
discharge,where 1 is clear and 5 is very
cloudy: 1,2,3,4,or 5.
Presence Of Condition:Yes= 1,No=0.
Enter the number in the comments section of
Floating solids or visible foam- eDMR which best describes the amount of
45613 visual 3 Quarterly Estimate floating solids or visible foam in the
stormwater discharge,where 1 is no solids
and 5 is the surface covered with floating
solids: 1,2,3,4,or 5.
Presence Of Condition:Yes= 1,No=0.
Enter the number in the comments section of
85001 Suspended Solids 3 Quarterly Estimate eDMR which best describes the amount of
suspended solids in the stormwater discharge,
where 1 is no solids and 5 is extremely
muddy: 1,2,3,4,or 5.
Presence Of Condition:Yes= 1,No=0.
51689 Free Oil Visual Sheen 3 Quarterly Estimate Enter description of visual sheen in the
comments section of eDMR.
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Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
Outfall observation,visual,y/n
response:Deposition3 at or Presence Of Condition:Yes= 1,No=0.
84130
immediately below the outfall; Quarterly Estimate Enter description of any observations of
Erosion3 at or immediately below deposition or erosion in the comments
the outfall; and Other obvious section of eDMR.
indicators of stormwater pollution.
Footnotes:
1. Electronic Reporting — Discharge Monitoring Reports (eDMR). The permittee shall submit Discharge
Monitoring Reports electronically using NC DWR's eDMR application system. See Special Condition A.
(7.).
2. Measurement frequency. Quarterly during a measurable storm event. If the facility is monitoring monthly
due to Tier Two or Tier Three response actions, the facility shall continue a monthly monitoring and
reporting schedule in Tier Two or Tier Three status until relief is granted.
3. Note for Deposition & Erosion. Low clarity, high solids, and/or the presence of foam, oil sheen, or
erosion/deposition may be indicative of pollutant exposure. These conditions warrant further investigation.
2. Qualitative Monitoring Response
[40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)J
(i.) If the permittee's qualitative monitoring indicates that the SWPPP and/or existing stormwater BMPs are
ineffective, or that significant stormwater contamination is present, then the permittee shall investigate
potential causes, evaluate the feasibility of corrective actions, and implement those feasible corrective
actions within sixty(60)days.
(ii.) A written record of the permittee's investigation, evaluation, and response actions shall be kept in the
SWPPP.
D. (4.)ANALYTICAL MONITORING REQUIREMENTS
(a.) This part applies to industrial stormwater discharges of stormwater-only flows from drainage areas where
industrial activities are performed.
1. Required Baseline Sampling
[40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)J
The permittee shall perform baseline sampling of all stormwater discharge outfalls and/or authorized representative
discharge outfalls in accordance with this part.
(i.) Grab samples shall be collected, analyzed, and reported for all the parameters listed in Table 2 below,
except for Total Rainfall which shall be monitored using a rain gauge. (See Section A. (5.) Outfall 19 for
rainfall monitoring and reporting.)
(ii.) In addition to the grab samples,the average monthly usage of new motor and hydraulic oil shall be tracked,
recorded,and reported to the Division.
(iii.) The total rainfall amount for each sampling event shall be recorded in inches. Total rainfall shall be
determined from an on-site rain gauge or a regional rain gauge located within one(1) mile of the facility.
(See Section A. (5.)Outfall 19 for rainfall monitoring and reporting.)
(iv.) Samples shall be collected from four separate monitoring periods per year,unless the facility is in Tier Two
or Tier Three status. A minimum of thirty (30) days must separate any two sampling events during the
following periods:
• Period 1: January 1 —March 31
• Period 2: April 1 —June 30
• Period 3: July 1 —September 30
• Period 4: October 1 —December 31
(v.) If the facility was in Tier Two or Tier Three status under the previous permit, the facility shall continue
monthly monitoring and reporting requirements until relieved by the provisions of this permit or the
Division.
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Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
2. Baseline Sampling Benchmarks
[40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)J
(i.) Analytical results for each parameter shall be compared to the benchmark values for the appropriate
receiving stream classification as provided in Table 2.An exceedance of a benchmark value is not a permit
violation;however,failure to respond in accordance with part D.(4.)(a.)-2.(ii.)(see below)of this permit is
a permit violation.
(ii.) An exceedance of any benchmark value in Table 2 shall require a tiered response for that outfall. A single
exceedance of a benchmark value shall require a Tier One response for that outfall. Two benchmark value
exceedances in a row shall require a Tier Two response for that outfall.Four benchmark exceedances for a
parameter within a five(5)year period shall require a Tier Three response for that outfall.
(iii.) Baseline sampling benchmarks shall be in accordance with Table 2 below.
Table 2. Summary of Quarterly Baseline Sampling Requirements for Stormwater Discharges at
Outfalls 002,004,017,018,020,022 & 023
Parameter Code
for Reporting t Parameter Benchmark Frequency Z Sample Type
dW
C0530 Total Suspended Solids(TSS)(mg/L) 100 mg/L Quarterly Grab
00340 Chemical Oxygen Demand(COD)(mg/L) 120 mg/L Quarterly Grab
01105 Total Aluminum(mg/L) 0.75 mg/L Quarterly Grab
00720 Total Cyanide(mg/L)3 or
0.02 mg/L Quarterly Grab
00722 Cyanide,Available(mg/L)3
00951 Total Fluoride(mg/L)3 6 mg/L Quarterly Grab
00400 pH(su)4 6.0<pH<9.0(su) Quarterly Grab
00681 CTarbon,Dissolved Organic(DOC)(As C) M&R Quarterly Grab
00900 Hardness,Total(as CaCO3)(mg/L)5 M&R Quarterly Grab
M&R=Monitor and Report
Footnotes:
1. Electronic Reporting — Discharge Monitoring Reports (eDMR). The permittee shall submit Discharge
Monitoring Reports electronically using NC DWR's eDMR application system. See Special Condition A.
(7.).
2. Measurement frequency. Quarterly during a measurable storm event. If the facility is monitoring monthly
due to Tier Two or Tier Three response actions, the facility shall continue a monthly monitoring and
reporting schedule in Tier Two or Tier Three status until relief is granted.
3. Testing Method Sensitivity. The permittee shall use sufficiently sensitive test procedures approved under
40 CFR part 136 for the analysis of pollutants. A method is"sufficiently sensitive"when: (1) The method
minimum level(ML)is at or below the level of the effluent limit established in the permit for the measured
pollutant or pollutant parameter; or(2)the method has the lowest ML of the analytical methods approved
under 40 CFR part 136 or required under 40 CFR chapter I, subchapter N or O for the measured pollutant
or pollutant parameter.The Permittee shall report on its Discharge Monitoring Reports the actual laboratory
results for each effluent sample tested. [Also see 40 CFR 122.21(e)(3)& 122.44(i), 15A NCAC 02B .0505
(e)(4),NPDES Standard Conditions Part 11 Section D.4.1
4. If pH values outside this range are recorded in sampled stormwater discharges, but ambient precipitation
pH levels are lower,then the lower threshold of this benchmark range is the pH of the precipitation(within
instrument accuracy) instead of 6 s.u.. Readings from an on-site or local rain gauge (or local precipitation
data)must be documented to demonstrate background concentrations were below the benchmark pH range.
5. Hardness sampling should be performed in conjunction with testing for hardness dependent metals
(Aluminum).
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Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
Reporting of All Data.If the Permittee monitors any pollutant more frequently than required by this permit
using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit
or other appropriate instrument governing the discharge,the results of such monitoring shall be included in
the calculation and reporting of the data submitted on the DMR. [40 CFR 122.41(1)(4)(ii),NPDES Standard
Conditions Part 11 Section E. 5.b.]
(ii.) Certified Laboratories.Laboratories used for sample analysis must be certified by the Division. Analytical
determinations shall be made in adequately equipped laboratories staffed by person(s)competent to perform
tests. Only monitoring programs that provide for the making of analytical determinations by qualified
employees of the owner or by a laboratory certified by the Division under 15A NCAC 02H .0800 or 15A
NCAC 02H .1100 shall be considered adequate. [15A NCAC 02B .0505 (e)(5), NPDES Standard
Conditions Part II Section D. 4.]
(iii.) Should the permittee identify or create any new stormwater outfalls, remove any stormwater outfalls
identified in this permit,or alter any drainage areas that change the potential pollutants in runoff discharged
through corresponding outfalls, the permittee will submit a request to the Division to modify this permit.
For any newly discovered pipes or outfalls, the permittee must evaluate the structure and provide a report
of the status and planned actions to NC DEQ within 14 days. The permittee must either (1) request
modification of this permit and modify the SWPPP accordingly, or (2) eliminate potential discharges by
removal,plugging, or combination of both.
3. Methodology for Collecting Samples
[40 CFR 122.416); 15A NCAC 02H.0143(a)(22)J
(i) Outfall monitoring efforts shall begin with the first measurable storm event that occurs during the facility's
normal operating hours and begins at least 72 hours after the previous measurable storm event.
(ii.) Grab samples shall be collected within the first 30 minutes of discharge. If physical separation between
outfalls prevents collecting samples from all outfalls within the first 30 minutes of discharge, then the
permittee may continue collecting samples until all outfalls that are discharging have been sampled.
(iii.) Outfalls that are not discharging during or after the first measurable storm event shall be sampled during
the next measurable storm event,until a sample has been collected from every outfall.
(iv.) If, during an entire monitoring period, there is no discharge from an outfall during any measurable storm
event that occurs during the facility's normal operating hours and begins at least 72 hours after the previous
measurable storm event,then the permittee shall report"No Discharge"in the DMR and shall record"No
Discharge" in the SWPPP. In this case, the DMR shall be submitted within 30 days after the end of the
monitoring period.Lack of a discharge from an outfall for the monitoring period shall not constitute failure
to monitor as long as this condition is met.
(v.) Sampling is not required to be performed outside of the facility's normal operating hours or during adverse
weather conditions.
(vi.) Samples collected shall be characteristic of the volume and nature of the permitted discharge.
(vii.) If the sampled storm event coincides with a known non-stormwater discharge that is deemed permitted
under 15A NCAC 02H .0106,then this shall be noted on the stormwater discharge monitoring report.
4. Locations for Collecting Samples
[40 CFR 122.416); 15A NCAC 02H.0143(a)(22)J
Samples shall be collected at all stormwater discharge outfalls (SDOs) that discharge stormwater associated with
industrial activity.If the Division has issued a representative outfall status(ROS)approval letter,then the permittee
shall collect samples from all SDOs in accordance with the ROS approval letter.
(i) All samples shall be taken before the discharge joins or is diluted by any other waste stream,body of water,
or substance.
(ii.) Monitoring points as specified in this permit shall not be changed without written notification to and
approval by the Division.
5. Tier One Response: Single Benchmark Exceedance
[40 CFR 122.416), 122.44(k); 15A NCAC 02H.01 43(a)(22), (25)J
The outfall(s)will remain in Tier One status until three consecutive samples are under the benchmark or are inside
the benchmark range for all parameters.
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(i.) If any sampling result is above the benchmark value for any parameter at any outfall, then the permittee
shall respond in accordance with Table 3 to identify and address the source of that exceedance for the
parameter(s).
(ii.) Each required response shall be documented in the SWPPP as each action occurs including: the date and
value of the benchmark exceedance, the date the DWR's Mooresville Regional Office, Water Quality
Regional Operations Section was notified of the exceedance,the inspection date,the personnel conducting
the inspection,the selected feasible actions,and the date the selected feasible actions were completed.
(iii.) Each exceedance of a benchmark parameter shall individually require a Tier One response.
(iv.) The Tier One response shall be in accordance with Table 3 below:
Table 3: Tier One Res onse for a Benchmark Exceedance
Timeline from Receipt Tier One Required Response/Action
of Sampling Results
Continuously i. Document the exceedance and each required response/action in the SWPPP in
accordance with Part D. (4.)-5 of the permit.
Within two weeks ii. Notify DWR's Mooresville Regional Office, Water Quality Regional Operations
Section of the exceedance date and value via email or, when it is developed, an
electronic form created by the Division for reporting exceedances.
iii.Conduct a stormwater management inspection.
iv.Identify and evaluate possible causes of the benchmark exceedance.
Within one month v. Select specific, feasible courses of action to reduce concentrations of the
parameter(s) of concern including, but not limited to, source controls, operational
controls,or physical improvements.
Within two months vi.Implement the selected feasible actions.
6. Tier Two Response: Two Consecutive Benchmark Exceedances
[40 CFR 122.416), 122.44(k); 15A NCAC 02H.0 143(a)(22), (25)J
The outfall(s) will remain in Tier Two status until three (3) consecutive samples are under the benchmark or are
inside the benchmark range for all parameters.
(i) If any two (2) consecutive sampling results in a row are above the benchmark value for any parameter at
an outfall, then the permittee shall respond in accordance with Table 4 to identify and address the source
of exceedances for that parameter at that outfall.
(ii.) After implementing the specific feasible courses of action, perform monthly monitoring for all analytical
monitoring parameters at outfall(s)in Tier Two status until three samples in a row are below the benchmark
value.
(iii.) Each required response shall be documented in the SWPPP as each action occurs, including: the dates and
values of the benchmark exceedances, the date the DWR's Mooresville Regional Office, Water Quality
Regional Operations Section was notified of the consecutive exceedances,the inspection date,the personnel
conducting the inspection, the selected feasible actions, the date the selected feasible actions were
completed,and the monthly monitoring results.
(iv.) Each pair of two consecutive exceedances of a single benchmark parameter at a single outfall shall
constitute an event that requires a Tier Two response. Subsequent events shall not include the same
exceedances that have been addressed in a Tier Two response.
(v.) The Tier Two response shall be in accordance with Table 4 below.
(vi.) Alternatively, in lieu of the steps listed above, the permittee may, after two consecutive exceedances
exercise the option of contacting the DWR's Mooresville Regional Office, Water Quality Regional
Operations Section Supervisor as provided below in Tier Three. The Regional Supervisor may require
additional response actions on the part of the permittee as provided in Tier Three, including reduced or
additional sampling parameters or frequency.
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Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
Table 4: Tier Two Response for Two Consecutive Benchmark Exceedances
Timeline from Receipt Tier Two Required Response/Action
of Sampling Results
Continuously i. Document the exceedance and each required response/action in the SWPPP in
accordance with Part D. (4.) - 6 of the permit.
ii. Monitor all parameters monthly (qualitative and quantitative) at appropriate
outfall(s)
Within two weeks iii. Notify the DWR's Mooresville Regional Office, Water Quality Regional
Operations Section in writing of the exceedance date and value.
iv. Conduct a stormwater management inspection.
v. Identify and evaluate possible causes of the benchmark exceedance.
Within one month vi. Select specific, feasible courses of action to reduce concentrations of the
parameter(s)of concern including,but not limited to, source controls, operational
controls, or physical improvements.
7. Tier Three Response: Four Benchmark Exceedances Within 5 Years
[40 CFR 122.416), 122.44(k); 15A NCAC 02H.0143(a)(22), (25)J
The outfall(s) will remain in Tier Three status until three (3) consecutive samples are under the benchmark or are
inside the benchmark range for all parameters.
(i.) If any four (4) sampling results within a five (5) year period for any single parameter are above the
benchmark value at a sampled outfall, then the permittee shall respond in accordance with Table 5 to
identify and address the source of exceedances for that parameter at that outfall.
(ii.) The permittee shall prepare a written Action Plan and submit to the DWR's Mooresville Regional Office,
Water Quality Regional Operations Section for review and approval within thirty (30) days of receipt of
the fourth analytical monitoring data point that exceeds the benchmark value. See Section Part HI, Standard
Conditions, Section B Paragraph 11 (b) for reporting requirements. At a minimum, the Action Plan shall
include:
• documentation of the four benchmark exceedances;
• an inspection report that covers the industrial activities within the drainage area of the outfall with the
exceedances(including the date of the inspection and the personnel conducting the inspection);
• an evaluation of standard operating procedures and good housekeeping procedures;
• identification of the source(s)of exceedances;
• specific actions that will be taken to remedy the identified source(s) with a schedule for completing
those actions; and
• a monitoring plan to verify that the Action Plan has addressed the source(s).
(iii.) The permittee shall keep the Action Plan in the SWPPP and document when each specific action was carried
out and by whom.
(iv.) The permittee shall contact the DWR's Mooresville Regional Office, Water Quality Regional Operations
Section when all actions in the Action Plan are completed.
(v.) The Division may,but is not limited to,require the permittee to:
• Revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters
herein;
• Perform additional sampling or sample for substitute parameters;
• Install structural stormwater control measures;
• Implement other stormwater control measures;
• Perform upstream and downstream monitoring to characterize impacts on receiving waters;
• Implement site modifications to qualify for a No Exposure Exclusion; and/or
• Continue Tier Three obligations through the permit renewal process.
(vi.) The Tier Three response shall be in accordance with Table 5 below.
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Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
Table 5: Tier Three Response for Four Benchmark Exceedances Within Five Years
Timeline from Receipt of Tier Three Required Response/Action
Fourth Sampling Result
Continuously i. Document the exceedances and each required response/action in the SWPPP in
accordance with Part D. (4.) -7 of the permit.
ii. Monitor all parameters monthly (qualitative and quantitative) at appropriate
outfall(s).
Within two weeks iii. Notify the Division's Mooresville Regional Office in writing of the affected
outfall, four exceedance dates and values.
iv. Conduct a stormwater management inspection.
v. Identify and evaluate possible causes of the benchmark exceedance.
Within one month vi. Prepare an Action Plan and submit to Division's Mooresville Regional Office
for review and approval.
Upon DEQ Approval vii.Implement the approved Action Plan.
Upon Completion of viii. Notify Division's Mooresville Regional Office of Action Plan completion.
Approved Action Plan
8. Impaired Receiving Waters
[40 CFR 122.44(d); 15A NCAC 02H.0143(a)(25)J
This site discharges to impaired waters which exceed criteria for PCB [Yadkin River(including Badin Lake)] and
Fish Community[Mountain Creek(immediately downstream of the confluence with Little Mountain Creek)].If the
Division institutes further actions, which may include the development of a Total Maximum Daily Load(TMDL)
for this segment of Receiving Stream,then the Division will consider your monitoring results in determining whether
additional SCMs and/or BMPs are needed to control the pollutant(s)of concern to the maximum extent practicable.
If additional SCMs and/or BMPs are needed to achieve the required level of control, the permittee will be notified
in writing and required to; (1)develop a strategy for implementing appropriate SCMs and/or BMPs,and(2)submit
a timetable for incorporation of those SCMs and/or BMPs into the Stormwater Pollution Prevention Plan.
D. (5.)DEFINITIONS
Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding,high winds,or
electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the
collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment
during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the
rationale must be included with SWPPP records. Adverse weather does not exempt the permittee from having to file a
monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained
and reported on the relevant DMR.
Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. However,non-stormwater discharges which shall be allowed in the stormwater
conveyance system include:
(a) All other discharges that are authorized by a non-stormwater NPDES permit;
(b) Uncontaminated groundwater, foundation drains, air-conditioner condensate without added chemicals, springs,
discharges of uncontaminated potable water,waterline and fire hydrant flushings,water from footing drains,flows from
riparian habitats and wetlands;and
(c) Discharges resulting from firefighting or fire-fighting training, or emergency shower or eye wash as a result of use in
the event of an emergency.
Best Management Practices(BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process,
activity,or physical structure.More information on BMPs can be found on the Environmental Protection Agency's website.
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Docusign Envelope ID:9F2CB1 E2-C3BB-4A16-BA81-D8A18C55307C
NPDES Permit NC0004308
Bulk Storagequid Materials
Liquid raw materials, intermediate products, manufactured products, waste materials, or by-products with a single above
ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers having
a total combined storage capacity of greater than 1,320 gallons.
Division or DWR
The Division of Water Resources,Department of Environmental Quality.
DEMLR
The Division of Energy,Mineral and Land Resources,Department of Environmental Quality.
Director
The Director of the Division of Water Resources,the permit issuing authority.
Impaired Waters
Streams, rivers and other bodies of water that do not meet water quality standards and may require development of a Total
Maximum Daily Load(TMDL)per Section 303(d)of the federal Clean Water Act.
Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility,a
surface impoundment,an injection well,a hazardous waste long-term storage facility or a surface storage facility.
Measurable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must
have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter
interval is representative for local storm events during the sampling period and obtains approval from the local Division
Regional Office.Two copies of this information and a written request letter shall be sent to the local Division Regional Office.
After authorization by the Division Regional Office,a written approval letter must be kept on site in the permittee's SWPPP.
Municipal Separate Storm Sewer System(MS4)
A stormwater collection system within an incorporated area of local self-government such as a city or town.
No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm-resistant shelter or
acceptable storage containers to prevent exposure to rain,snow,snowmelt,or runoff.Industrial materials or activities include,
but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products,
by-products,final products,or waste products[40 CFR 122.26(b)(14)].The Division may grant a No Exposure Exclusion from
NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR
§122.26(g).
Permittee
The owner or operator issued this permit,who is the legally responsible party for compliance.
Point Source Discharge of Stormwater
Any discernible,confined and discrete conveyance including,but not specifically limited to, any pipe,ditch, channel,tunnel,
conduit,well,or discrete fissure from which stormwater is or may be discharged to waters of the state.
Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple
outfalls, the Division may grant representative outfall status. Representative outfall status allows the permittee to perform
analytical monitoring at a reduced number of outfalls.
Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain
the 25-year,24-hour storm event.
Section 313 Water Priority Chemical
A chemical or chemical category which:
(a) Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act
(SARA)of 1986,also titled the Emergency Planning and Community Right-to-Know Act of 1986;
(b) Is present at or above threshold levels at a facility subject to SARA title III,Section 313 reporting requirements;and
(c) Meets at least one of the following criteria:
1. Is listed in appendix D of 40 CFR part 122 on Table 11 (organic priority pollutants), Table III (certain metals,
cyanides,and phenols)or Table IV(certain toxic pollutants and hazardous substances);
2. Is listed as a hazardous substance pursuant to section 311(b)(2)(A)of the CWA at 40 CFR 116.4;or
3. Is a pollutant for which EPA has published acute or chronic water quality criteria.
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NPDES Permit NCO004308
Severe Property Damage
Substantial physical damage to property,damage to the control facilities which causes them to become inoperable,or substantial
and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass.Severe property
damage does not mean economic loss caused by delays in production.
Significant Materials
Includes,but is not limited to:raw materials;fuels;materials such as solvents,detergents,and plastic pellets;finished materials
such as metallic products;raw materials used in food processing or production;hazardous substances designated under section
101(14)of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers;
pesticides;and waste products such as ashes,slag and sludge that have the potential to be released with stormwater discharges.
Significant Spills
Includes,but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of
the Clean Water Act(Ref:40 CFR 110.3and 40 CFR 117.3)or section 102 of CERCLA(Ref:40 CFR 302.4).
Stormwater Discharge Associated with Industrial Activity_
This term is defined in 40 CFR 122.26(14).
Stormwater Control Measure(SCM)
A permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by
promoting settling or filtration or mimic the natural hydrologic cycle by promoting infiltration, evapotranspiration, post-
filtration discharge,reuse of stormwater,or a combination thereof.
Stormwater Control Systems
All systems at present at the facility used for the control and facilitation of stormwater,including but not limited to,all drainage
systems and all stormwater control measures and best management practices.
Stormwater Discharge Outfall(SDO)
The point of departure of stormwater from a discernible,confined,or discrete conveyance,including but not limited to,storm
sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or
indirectly into waters of the State of North Carolina.
Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt.
Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to
manufacturing,processing or raw material storage areas at an industrial site.Facilities considered to be engaged in"industrial
activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or
activities excluded from the NPDES program.
Stormwater Pollution Prevention Plan(SWPPP)
A comprehensive site-specific plan which details measures and practices to reduce stormwater pollution and is based on an
evaluation of the pollution potential of the site.
Total Maximum Daily Load(TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and
pollutant.A list of approved TMDLs for the state of North Carolina can be found on DWR's website.
Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing
operations. This definition includes equipment maintenance activity that uses hydraulic oil and that is stored or used outside,
or otherwise exposed to stormwater.
Visible Sedimentation
Solid particulate matter,both mineral and organic,that has been or is being transported by water, air, gravity, or ice from its
site of origin which can be seen with the unaided eye.
10-year,24-hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded,on the average,once in 10 years.
25-year,24-hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded,on the average,once in 25 years.
Page 32 of 32

Docusign Envelope ID:9F2CB1E2-C3BB-4A16-BA81-D8A18C55307C
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020 005: 35.4026 N, -80.1208 W
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NPDES Permit NC0004308
NC Hwy. 740&NCSR 1719,Badin,NC
Receiving Stream:UT to Little Mountain Creek 1:14,000,000
Stream Index: 13-5-1-(2)
Stream Class:WS-IV
HUC:030401040201 SCALE County: Stanly
River Basin:Yadkin Pee-Dee 1:6,000 USGSQuad: Badin&New London N.C.

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NPDES Permit NC0004308
NC Hwy. 740 & NCSR 1719,Badin,NC
Receiving Stream:Yadkin River(Badin Lake)
1:14,000,000
Stream Index: 12-(124.5)
Stream Class:WS-IV,B;CA
HUC:030401030605 SCALE County: Stanly
River Basin:Yadkin Pee-Dee 1:12,000 USGSQuad: Badin&New London,N.C.

Docusign Envelope ID:9F2CB1E2-C3BB-4A16-BA81-D8A18C55307C ,s and Sewer & Storm Drainage.
•/�• �r VNLM.• rVVN� V.
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SCALE IN FEET
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Q BADIN BUSINESS PARK OUTFALL 004 DfTCH TO OUTFALLS 011 &012
REFERENCES
STREAM OUTFALL 005 OUTFALL 012 DIFFUSER 1 ESRI VVORLD MAGERY-ARCGIS MAP SERVICE
ACCESSED 8.19.2025
— — — DITCH TO OUTFALL 005 OUTFALL 13 2 BADIN BUSINESS PARK STORNIAATER SYSTEMS
BY CEC.INC AUGUST 2025

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NPDES Permit Standard Conditions
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PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or"the Act"
The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended,33 USC 1251,et.
seq.
Annual Average
The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar year. In the case of fecal
coliform,the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system,which is
not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day.However, for purposes of this permit,any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March,April through June,July through September,and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method(specific number and size of aliquots necessary,the time interval
between grab samples, etc.)on a case-by-case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:
(1) Continuous: a single,continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection,or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point.Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer,and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system,or
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(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval.Use of this method requires prior approval by the Director. This method may only be
used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time<24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours;there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass,the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement,the
"daily discharge"is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also
"Composite Sample,"above.)
Daily Maximum
The highest"daily discharge"during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s),that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWR or"the Division"
The Division of Water Resources,Department of Environmental Quality.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N=the number of individual values. For purposes of
calculating the geometric mean,values of"0"(or"< [detection level]")shall be considered= 1.
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge(or the receiving stream,for instream
samples).
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Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance. To the extent practical,instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
Monthly Average(concentration limit)
The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar month. In the case of fecal
coliform or other bacterial parameters or indicators,the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Resources.
Quarterly Average(concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property,damage to the treatment facilities which causes them to become inoperable,or
substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1)of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements.An upset does not include noncompliance caused by
operational error,improperly designed treatment facilities,inadequate treatment facilities,lack of preventive
maintenance,or careless or improper operation.
Weekly Average(concentration limit)
The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar week. In the case of fecal
coliform or other bacterial parameters or indicators,the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit.Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action;for permit termination,revocation and reissuance,or
modification;or denial of a permit renewal application[40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a)of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d)of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 301, 302,306, 307,308, 318 or 405 of the Act,or
any permit condition or limitation implementing any such sections in a permit issued under section 402,or any
requirement imposed in a pretreatment program approved under sections 402(a)(3)or 402(b)(8)of the Act,is
subject to a civil penalty not to exceed$37,500 per day for each violation. [33 USC 1319(d)and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301,302, 306,307, 308,318, or 405 of
the Act,or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act,or any requirement imposed in a pretreatment program approved under section 402(a)(3)or
402(b)(8)of the Act,is subject to criminal penalties of$2,500 to$25,000 per day of violation, or
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imprisonment of not more than 1 year,or both. In the case of a second or subsequent conviction for a negligent
violation, a person shall be subject to criminal penalties of not more than$50,000 per day of violation, or by
imprisonment of not more than 2 years,or both. [33 USC 1319(c)(1)and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of$5,000 to$50,000 per day of violation,or imprisonment for not more than 3 years,or both.In the
case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than$100,000 per day of violation, or imprisonment of not more than 6 years,or both.
[33 USC 1319(c)(2)and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307,308, 318 or 405 of the Act,or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
injury, shall,upon conviction,be subject to a fine of not more than$250,000 or imprisonment of not more than
15 years, or both.In the case of a second or subsequent conviction for a knowing endangerment violation, a
person shall be subject to a fine of not more than$500,000 or by imprisonment of not more than 30 years,or
both.An organization,as defined in section 309(c)(3)(B)(iii)of the CWA, shall,upon conviction of violating
the imminent danger provision,be subject to a fine of not more than$1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law,a civil penalty of not more than$25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms,conditions,or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306,307, 308,318 or 405 of this Act,or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act.Administrative penalties for Class I violations are not to
exceed$16,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed
$37,500.Penalties for Class II violations are not to exceed$16,000 per day for each day during which the
violation continues,with the maximum amount of any Class II penalty not to exceed$177,500. [33 USC
1319(g)(2)and 40 CFR 122.41(a)(3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment[40
CFR 122.41(d)].
3. Civil and Criminal Liabilitv
Except as provided in permit conditions on'Bypassing"(Part H.C.4),"Upsets"(Part II.C.5)and"Power Failures"
(Part II.C.7),nothing in this permit shall be construed to relieve the Permittee from any responsibilities,liabilities,
or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC
1319.Furthermore,the Permittee is responsible for consequential damages, such as fish kills,even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities,liabilities,or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act,33 USG 1321.Furthermore,the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive
privileges,nor does it authorize any injury to private property or any invasion of personal rights,nor any
infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
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7. Severability
The provisions of this permit are severable. If any provision of this permit,or the application of any provision of
this permit to any circumstances,is held invalid,the application of such provision to other circumstances,and the
remainder of this permit, shall not be affected thereby[NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit
Issuing Authority upon request,copies of records required by this permit[40 CFR 122.41(h)].
9. Dpty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the
Permittee must apply for and obtain a new permit[40 CFR 122.41(b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to
discharge beyond the expiration date,the Permittee shall submit such information, forms,and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)]Any Permittee that has not
requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration,will subject the Permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified[40
CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer.For the purpose of this Section,a responsible
corporate officer means: (a)a president, secretary,treasurer or vice president of the corporation in charge
of a principal business function,or any other person who performs similar policy or decision making
functions for the corporation,or(b)the manager of one or more manufacturing,production,or operating
facilities,provided,the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations,and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations;the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for permit
application requirements; and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively; or
(3) For a municipality, State,Federal,or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person.A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity, such as the position of plant manager,operator of a well or well field,
superintendent,a position of equivalent responsibility,or an individual or position having overall
responsibility for environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.);and
(3) The written authorization is submitted to the Permit Issuing Authority[40 CFR 122.22]
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c. Changes to authorization: If an authorization under paragraph(b)of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility,a new authorization
satisfying the requirements of paragraph(b)of this section must be submitted to the Director prior to or
together with any reports,information,or applications to be signed by an authorized representative [40 CFR
122.22]
d. Certification.Any person signing a document under paragraphs a. or b. of this section shall make the following
certification[40 CFR 122.22].NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
"I 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 manage 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 information, including the possibility of fines and imprisonment for knowing violations."
12. Permit Actions
This permit may be modified,revoked and reissued,or terminated for cause. The filing of a request by the
Permittee for a permit modification,revocation and reissuance,or termination,or a notification of planned changes
or anticipated noncompliance does not stay any permit condition[40 CFR 122.41(f)].
13. Permit Modification,Revocation and Reissuance,or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,
revoking and reissuing the permit,or terminating the permit as allowed by the laws,rules,and regulations
contained in Title 40, Code of Federal Regulations,Parts 122 and 123;Title 15A of the North Carolina
Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators, certified by the Water Pollution
Control System Operators Certification Commission(WPCSOCC),of the appropriate type and grade for the
system,and,for each classification must[T15A NCAC 08G.0201]:
a. designate one Operator In Responsible Charge(ORC)who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b. designate one or more Back-up Operator(s)in Responsible Charge(Back-up ORCs)who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system,with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year; and
c. submit a signed completed"Water Pollution Control System Operator Designation Form"to the Commission
(or to the local health department for owners of subsurface systems)countersigned by the designated certified
operators,designating the Operator in Responsible Charge(ORC)and the Back-up Operator in Responsible
Charge(Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or
(2) within 120 calendar days following:
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge(ORC)and Back-up Operator in Responsible Charge(Back-up ORC)
of the proper type and grade;or
➢ a vacancy in the position of Operator in Responsible Charge(ORC)or Back-up Operator in
Responsible Charge(Back-up ORC).
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility(or the Back-up ORC,when acting as surrogate for the ORC)must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G .0204.
The ORC of each Class II,III and IV facility(or the Back-up ORC,when acting as surrogate for the ORC)must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G.0204.
2. Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances)which are installed or used by the Permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit[40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility,and all documentation required thereof,whether acting as a contract operator[subcontractor] or a
member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit[40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41(m)(3)]
(1) Anticipated bypass.If the Permittee knows in advance of the need for a bypass,it shall submit prior notice,
if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass,unless:
(A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system-wide collection system
permit associated with the treatment facility.
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(3) The Permit Issuing Authority may approve an anticipated bypass,after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1)of this section.
5. Upsets
a. Effect of an upset[40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of
this condition are met.No determination made during administrative review of claims that noncompliance was
caused by upset,and before an action for noncompliance,is final administrative action subject to judicial
review.
b. Conditions necessary for a demonstration of upset:Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate,through properly signed, contemporaneous operating logs,or other relevant
evidence that:
(1)An upset occurred and that the Permittee can identify the cause(s)of the upset;
(2)The Permittee facility was at the time being properly operated;and
(3)The Permittee submitted notice of the upset as required in Part II.E.6.(b)of this permit.
(4)The Permittee complied with any remedial measures required under Part II.B.2. of this permit.
c. Burden of proof[40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges,filter backwash,or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as per
by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge,including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge;40 CFR
Part 258,Criteria For Municipal Solid Waste Landfills;and 15A NCAC Subchapter 2T,Waste Not Discharged To
Surface Waters.The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards(as required by 15A NCAC 02H.0124)to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means
of alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
1. Representative Sampling
Samples collected and measurements taken,as required herein, shall be representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents.All samples shall be taken at the monitoring points specified in this
permit and,unless otherwise specified,before the effluent joins or is diluted by any other wastestream,body of
water,or substance.Monitoring points shall not be changed without notification to and the approval of the Permit
Issuing Authority[40 CFR 122.41(j)].
2. Reporting
Monitoring results obtained during the previous month(s)shall be summarized for each month and reported on a
monthly Discharge Monitoring Report(DMR)Form(MR 1, 1.1,2,3)or alternative forms approved by the
Director,postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility,on the last day of the month following the commencement of discharge.Duplicate signed copies of these,
and all other reports required herein, shall be submitted to the following address:
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NC DEQ/Division of Water Resources/Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed,calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device.Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10%from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once-through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section(919 733-3908)or visit https:Hdeq.nc.gov/about/divisions/water-resources/water-
resources-data/water-sciences-home-page/laboratory-certification-branch for information regarding laboratory
certifications.
Facilities whose personnel are conducting testing of field-certified parameters only must hold the appropriate field
parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations(published pursuant to NCGS
143-215.63 et. seq.),the Water and Air Quality Reporting Acts,and to regulations published pursuant to Section
304(g),33 USC 1314,of the CWA(as amended), and 40 CFR 136;or in the case of sludge use or disposal,
approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been
specified in this permit[40 CFR 122.41].
To meet the intent of the monitoring required by this permit,all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure. If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements,then the most
sensitive(method with the lowest possible detection and reporting level)approved method must be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies,tampers with, or knowingly renders inaccurate,any monitoring
device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not
more than$10,000 per violation, or by imprisonment for not more than two years per violation,or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than$20,000 per day of violation,or by imprisonment of not more than 4 years,
or both[40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities,which shall be retained for a period of at least five years(or longer as required by 40 CFR
503),the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
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These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement,report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit,the Permittee shall record the
following information [40 CFR 122.41]:
a. The date,exact place, and time of sampling or measurements;
b. The individual(s)who performed the sampling or measurements;
c. The date(s)analyses were performed;
d. The individual(s)who performed the analyses;
e. The analytical techniques or methods used;and
f. The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director,or an authorized representative(including an authorized contractor acting as
a representative of the Director),upon the presentation of credentials and other documents as may be required by
law,to;
a. Enter,at reasonable times,upon the Permittee's premises where a regulated facility or activity is located or
conducted,or where records must be kept under the conditions of this permit;
b. Have access to and copy,at reasonable times,any records that must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices,
or operations regulated or required under this permit;and
d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise
authorized by the CWA,any substances or parameters at any location[40 CFR 122.41(i)].
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of
any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute
a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility[40 CFR 122.41(1)].Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29(b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged.This notification applies to pollutants subject neither to effluent limitations in the permit,nor to
notification requirements under 40 CFR 122.42(a)(1);or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,and
such alteration, addition or change may justify the application of permit conditions that are different from or
absent in the existing permit,including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit[40 CFR 122.41(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1,in
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particular NCGS 143-215.1(b)(4)b.2.,and may require modification or revocation and reissuance of the permit,or
a minor modification,to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA[40 CFR 122.41(1)(3), 122.61] or state statute.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report(DMR)(See Part II.D.2)or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing the discharge,the results of such monitoring shall be included in the calculation and
reporting of the data submitted on the DMR.
6. Twenty-four Hour Repo
a. The Permittee 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 contain a description of the noncompliance, and its cause;the period of noncompliance,including exact
dates and times, and if the noncompliance has not been corrected,the anticipated time it is expected to
continue; and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance [40
CFR 122.41(1)(6)].
b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at(800) 858-0368 or(919)733-3300.
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the
time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit
[40 CFR 122.41(1)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application,or submitted
incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or
information[40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible,but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester;the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure,due to known or unknown reasons,that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators,compressors, etc.
c. Any failure of a pumping station, sewer line,or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence.Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2)or Section 308 of the Federal Act,33
USC 1318,all reports prepared in accordance with the terms shall be available for public inspection at the offices
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of the Division.As required by the Act,effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215.1(b)(2)or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement,representation,or certification in
any record or other document submitted or required to be maintained under this permit,including monitoring
reports or reports of compliance or noncompliance shall,upon conviction,be punished by a fine of not more than
$25,000 per violation,or by imprisonment for not more than two years per violation,or by both[40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing
Authority and to the users/customers served by the Permittee(NCGS 143-215.1C).The report shall summarize the
performance of the collection or treatment system,as well as the extent to which the facility was compliant with
applicable Federal or State laws,regulations and rules pertaining to water quality. The report shall be provided no
later than sixty days after the end of the calendar or fiscal year,depending upon which annual period is used for
evaluation.
The report shall be sent to:
NC DEQ/Division of Water Resources/Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment
capacity,nor change the treatment process(es)utilized at the treatment plant unless(1)the Division has issued an
Authorization to Construct(AtC)permit or(2)the Permittee is exempted from such AtC permit requirements
under Item b. of this Section.
b. In accordance with NCGS 143-215.1(a5) [SL 2011-394],no permit shall be required to enter into a contract for the
construction,installation, or alteration of any treatment work or disposal system or to construct,install, or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat, equalize,neutralize, stabilize,recycle,or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above,the permit issued for the
discharge may be modified if required by federal regulation.
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall,upon written notice from the Director,conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe(40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge,on a routine or frequent basis,of
any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following
"notification levels";
(1) One hundred micrograms per liter(100 µg/L);
(2) Two hundred micrograms per liter(200 µg/L)for acrolein and acrylonitrile; five hundred micrograms per liter
(500 µg/L)for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter(1 mg/L)for
antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent
basis, of a toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the
following"notification levels";
(1) Five hundred micrograms per liter(500 µg/L);
(2) One milligram per liter(1 mg/L)for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit. The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit,the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b),(c)or(d)of the CWA. [40 CFR 403.3 (i)and 0)and 15A NCAC 02H.0903(b)(11)]
Interference
Inhibition or disruption of the POTW treatment processes;operations;or its sludge process,use, or disposal which
causes or contributes to a violation of any requirement of the Permittee's(or any satellite POTW's if different from the
Permittee)NPDES,collection system,or non-discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes,regulations, or permits. [I 5A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which,alone or with
discharges from other sources, causes a violation,including an increase in the magnitude or duration of a violation,of
the Permittee's(or any satellite POTW's,if different from the Permittee)NPDES,collection system,or non-discharge
permit. [15A NCAC 02H .0903(b)(23)]
Publicly Owned Treatment Works(POTW)
A treatment works as defined by Section 212 of the CWA,which is owned by a State or local government organization.
This definition includes any devices and systems used in the storage,treatment,recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T
.0402,only if it conveys wastewater to a POTW treatment plant. The term also means the local government
organization,or municipality,as defined in section 502(4)of the CWA,which has jurisdiction over indirect discharges
to and the discharges from such a treatment works. In this context,the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of
POTW may be referred to as a"satellite POTW organization." [15A NCAC 02H.0903(b)(26)]
"Significant Industrial User" or"SILT"
An Industrial User that discharges wastewater into a publicly owned treatment works and that[I 5A NCAC 02H
.0903(b)(33)]:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW(excluding sanitary,
noncontact cooling and boiler blowdown wastewaters);or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non-discharge permitted
flow limit or organic capacity of the POTW treatment plant. In this context,organic capacity refers to BOD,TSS
and ammonia;or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent
limitations and conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H .0907(b),the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement,the POTW's effluent limitations and
conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options,and thus is not a
Significant Industrial User(SIU); or
6. Subject to approval under 15A NCAC 02H .0907(b),the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2)and thus is a
non-significant categorical Industrial User.
Section B. Publicly Owned Treatment Works (POTWs)
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All POTWs must provide adequate notice to the Director of the following[40 CFR 122.42(b)]:
1. Any new introduction of pollutants into the POTW from an indirect discharger,regardless of the means of
transport,which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;
and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph,adequate notice shall include information on(1)the quality and quantity of effluent
introduced into the POTW,and(2)any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permittee's discharge.At such time as sufficient information
becomes available to establish limitations for such pollutants,this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water quality
standards.
2. Prohibited Discharges
a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40
CFR 403.5(a)(1)]
b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system[40 CFR 403.5(b)]:
(1) Pollutants which create a fire or explosion hazard in the POTW,including,but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 261.21;
(2) Pollutants which cause corrosive structural damage to the POTW,but in no case discharges with pH lower
than 5.0,unless the works is specifically designed to accommodate such discharges;
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference;
(4) Any pollutant,including oxygen demanding pollutants(BOD, etc.)released in a Discharge at a flow rate
and/or pollutant concentration which will cause Interference with the POTW;
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference,but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C(104°F)
unless the Division,upon request of the POTW,approves alternate temperature limits;
(6) Petroleum oil,non-biodegradable cutting oil,or products of mineral oil origin in amounts that will cause
Interference or Pass Through;
(7) Pollutants which result in the presence of toxic gases,vapors,or fumes within the POTW in a quantity that
may cause acute worker health and safety problems; or
(8) Any trucked or hauled pollutants,except at discharge points designated by the POTW.
c. The Permittee shall investigate the source of all discharges into the POTW,including slug loads and other
unusual discharges,which have the potential to adversely impact the Permittee's Pretreatment Program and/or
the operation of the POTW.
The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office.
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 contain a description of the discharge;the
investigation into possible sources;the period of the discharge,including exact dates and times; if the
discharge has not ceased,the anticipated time it is expected to continue;and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance,
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3. With regard to the effluent requirements listed in Part I of this permit,it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards(40 CFR,Part 403)to ensure compliance by
the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding
some or all of the industries discharging to the municipal system.
4. The Permittee shall require any Industrial User(IU)discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b)of the Act as amended(which includes categorical standards and
specific local limits,best management practices and narrative requirements).Prior to accepting wastewater from
any Significant Industrial User(SIU),the Permittee shall either develop and submit to the Division a new
Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as
required under section D below as well as 15A NCAC 02H .0907(a)and(b). [40 CFR 122.440)(2)]
5. This permit shall be modified,or alternatively,revoked and reissued,to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402(b)(8)of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program,as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307 (b)and(c)and 402(b)(8)of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14)and implementing regulations 15A NCAC 02H .0900,and in accordance
with the approved pretreatment program,all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8)of the CWA,40
CFR 403, 15A NCAC 02H.0900,and the legal authorities,policies,procedures, and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is
not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV
of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3.
1. Sewer Use Ordinance(SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [I 5A
NCAC 02H .0903(b)(32), .0905 and.0906(b)(1);40 CFR 403.8(f)(1)and 403.9(b)(1)and(2)]
2. Industrial Waste Survey(IWS)
The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant,as required by 40 CFR 403.8(f)(2)(i-iii)and 15A NCAC 02H.0905 [also 40 CFR 122.440)(1)],
including identification of all Industrial Users that may have an impact on the POTW and the character and amount
of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users
meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs,the
IWS for the Permittee shall address all satellite POTW services areas,unless the pretreatment program in those
satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years,and as
required by the Division. The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c. of this Part. [15A NCAC 02H.0903(b)(13), .0905 and.0906(b)(2);40 CFR 403.8(f)(2)and 403.9]
3. Monitoring Plan
The Permittee shall implement a Division-approved Monitoring Plan for the collection of facility specific data to
be used in a wastewater treatment plant Headworks Analysis(HWA)for the development of specific pretreatment
local limits.Effluent data from the Plan shall be reported on the DMRs(as required by Parts II.D and II.E.5.). [15A
NCAC 02H .0903(b)(16), .0906(b)(3)and.0905]
4. Headworks Analysis(HWA)and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit(or any subsequent permit modification)the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits(i.e.,an
updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in
accordance with 40 CFR 403.5(c)and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5(a)and(b)and 15A NCAC 02H .0909.Pursuant to 40 CFR 403.5,local limits are
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enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H.0903(b)(10), .0905, and
.0906(b)(4)]
5. Industrial User Pretreatment Permits(IUP)&Allocation Tables
In accordance with NCGS 143-215.1,the Permittee shall issue to all Significant Industrial Users,permits for
operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These
permits shall contain limitations, sampling protocols,reporting requirements,appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control technologies to
assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The
Permittee shall maintain a current Allocation Table(AT)which summarizes the results of the HWA and the limits
from all LUPs.Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916,and.0917;40 CFR 403.5,403.8(f)(1)(iii);
NCGS 143-215.67(a)]
6. Authorization to Construct(AtQ
The Permittee shall ensure that an Authorization to Construct permit(AtC)is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility.Prior to the issuance of an AtC,the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit(IUP)limitations. [15A NCAC 02H .0906(b)(7)and.0905;NCGS 143-
215.1(a)(8)]
7. POTW Inspection&Monitoring of their IUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by Industrial Users,
compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e);40 CFR 403.8(f)(2)(v)] The
Permittee must:
a. Inspect all Significant Industrial Users(SIUs)at least once per calendar year;
b. Sample all Significant Industrial Users(SIUs)at least once per calendar year for all SIU permit-limited
parameters including flow except as allowed under 15A NCAC .0908(e);and
c. At least once per year,document an evaluation of any non-significant categorical Industrial User for
compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non-
significant.
8. IU Self Monitoring and Reporting
The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting
requirements outlined in the Division-approved pretreatment program,the industry's pretreatment permit,or in 15A
NCAC 02H.0908. [15A NCAC 02H .0906(b)(5)and.0905;40 CFR 403.8(f)(1)(v)and(2)(iii);40 CFR
122.440)(2)and 40 CFR 403.12]
9. Enforcement Response Plan(ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b)and(c)of the CWA(40 CFR 405 et. seq.),prohibitive discharge standards
as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations,and other pretreatment
requirements.All remedies, enforcement actions and other, shall be consistent with the Enforcement Response
Plan(ERP)approved by the Division. [15A NCAC 02H.0903(b)(7), .0906(b)(8)and.0905;40 CFR 403.8(f)(5)]
10. Pretreatment Annual Reports(PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 02H.0908. In lieu of submitting annual
reports,Modified Pretreatment Programs developed under 15A NCAC 02H .0904(b)may be required to submit a
partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment
requirements and other pretreatment implementation issues.
For all other active pretreatment programs,the Permittee shall submit two copies of a Pretreatment Annual Report
(PAR)describing its pretreatment activities over the previous calendar year to the Division at the following
address:
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NC DEQ/Division of Water Resources/Water Quality Permitting Section
Pretreatment,Emergency Response, and Collection Systems(PERCS)Unit
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
These reports shall be submitted by March 1 of each year and shall contain the following:
a. Narrative
A narrative summary detailing actions taken,or proposed,by the Permittee to correct significant non-
compliance and to ensure compliance with pretreatment requirements;
b. Pretreatment Program SummM(PPS)
A pretreatment program summary(PPS)on forms or in a format provided by the Division;
c. Significant Non-Compliance Report(SNCR)
A list of Industrial Users(IUs)in significant noncompliance(SNC)with pretreatment requirements,and the
nature of the violations on forms or in a format provided by the Division;
d. Industrial Data Summary Forms(IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial Users(SIUs). These
analytical results must be reported on Industrial Data Summary Forms(IDSF)or on other forms or in a format
provided by the Division;
e. Other Information
Copies of the POTW's allocation table,new or modified enforcement compliance schedules,public notice of
IUs in SNC,a summary of data or other information related to significant noncompliance determinations for
IUs that are not considered SIUs, and any other information,upon request,which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Industrial Users(Ns)that were in significant noncompliance(SNC)
as defined in the Permittee's Division-approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during the previous twelve month period. This list shall be published within four months of the
applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5)and.0905 and 40 CFR
403.8(f)(2)(viii)]
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results,along with
support information including general records,water quality records,and records of industrial impact on the
POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A
NCAC 02H.0908(f);40 CFR 403.12(o)]
13. Pretreatment Program Resources
The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program. and retain a written description of those current levels of inspection. [I 5A NCAC 02H
.0906(b)(9)and(10)and.0905;40 CFR 403.8(f)(3),403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications,POTW
monitoring of their Significant Industrial Users(SIUs), and Monitoring Plan modifications, shall be considered a
permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H.0907.
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