HomeMy WebLinkAboutNC0003425_Final Permit_19980126State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B Hunt, Jr., Governor
Wayne McDevitt, Secretary
A Preston Howard, Jr., P E., Director
January 26, 1998
Mi John J Carney
Manager - Roxboro Plant
Carolina Power and Light Company
Roxboro Electric Generating Plant
Post Office Box 1238
Roxboro, North Carolina 27573
DEporn
N R
Subject: NPDES Permit Issuance
Permit No NC0003425
CP&L Roxboro S.E Power Plant
Person County
Dear Mr Carney.
In accordance with the application for a discharge permit received October 28, 1996, the Division is
forwarding herewith the subject 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 US
Environmental Protection Agency dated December 6, 1983
Please note that all concerns, in reference to the draft permit, identified in the comment letter dated
August 18, 1997, have been made as requested except for the following•
• Part I, Page 2 of 9 CP&L requested less frequent monitoring for the following parameters:
total phosphorus (TP), total nitrogen (TN), and arsenic Monitoring for TP and TN is mandated
by the Administrative Code Section 2B 0500. This section states that monthly monitoring for TP
and TN is required for all facilities that discharge 1 MGD or higher. Therefore, the monitoring
frequency for TP and TN will remain as monthly.
In response to reducing the monitoring requirement for arsenic, it is division policy to require
monthly monitoring for all toxicants at facilities classified as class I or class II CP&L is
classified as a class II facility so monthly monitoring is appropriate
• Part I, Page 5 of 9 The limits page for outfall 008 can not be deleted as requested. CP&L is
responsible for the proper operation and maintenance of the treatment facility to ensure treatment
of domestic wastewater to secondary standards. The Division feels that it is necessary to keep
this effluent monitoring page in the permit so there is no misunderstanding as to what constitutes
"proper operation and maintenance."
• Part I, Page 7 of 9, 8 of 9, and 9 of 9 The toxicity re -opener on page 9 of 9 (Part 1,
C 7 ) has been deleted. The re -opener language on pages 7 of 9 and 8 of 9 has been revised to
read as follows:
Should any test data from either these monitoring requirements or tests performed
by the North Carolina Division of Water Quality indicate or predict negative
P O Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-0719
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
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NPDES Permit Issuance
Permit No NC0003425
CP&L Roxboro S E Power Plant
Page 2 of 2
impacts to the biological integrity of the receiving stream, this permit may be re-
opened and modified to include alternate monitoring requirements or limits.
• Part II. General Comments CP&L requested the inclusion of a definition for continuous
temperature monitoring The Division at this point is not prepared to draft a representative
definition However, the Division does recognize that reasonable downtime is acceptable If
CP&L would like to submit a definition for continuous temperature monitoring, the Division will
review it and (if approved) will keep it in the permit file for the subject CP&L facihty
• Part 11, Page 10 of 21 The Division does not agree that upsets should be listed in B 3 as
an exception to noncompliance Therefore, no modifications have been made to the permit
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 Carohna General Statutes, and filed with the Office of Administrative Hearings,
Post Office Drawer 27447, Raleigh, North Carolina 27611-7447 Unless such demand is made, this
decision shall be final and binding
Please take notice this permit is not transferable Part II, E 4 addresses the requirements to be
followed in case of change in ownership or control of this discharge
This permit does not affect the legal requirements to obtain other permits which may be required by
the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area
Management Act or any other Federal or Local governmental permit that may be required
If you have any questions concerning this permit, please contact Mr Jeff Myhra at telephone number
(919)733-5083, extension 597
gingl' Signed By
David A. Goodrich
A Preston Howard, Jr , P E
cc Central Files
Raleigh Regional Office/Water Quality Section
Mr Roosevelt Childress, EPA r
NPDES Unit)
Poinf Source Comphance/Enforcement Unit
Aquatic Survey and Toxicology Unit
Ms Joame P Cooke, CP&L
, , f
Permit No. NC0003425
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
Carolina Power and Light Company
is hereby authorized to discharge wastewater from a facility located at the
Roxboro Steam Electric Generating Plant
NCSR 1377
Person County
to receiving waters designated as Hyco Lake in the Roanoke River Basin in accordance with effluent
limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof.
The permit shall become effective March 1, 1998
This perrrut and the authorization to discharge shall expire at midnight on April 30, 2002
Signed this day January 26, 1998
Original Signed By
Favid A. Goodrich
A Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. NC0003425
SUPPLEMENT TO PERMIT COVER SHEET
Carolina Power & Light Company
is hereby authorized to*
1. Continue to operate the following systems located at Roxboro Steam Electric Generating Plant,
on NCSR 1377, Person County (See Part III of this permit):
• Ash Pond treatment system (outfall 002) to treat ash transport water, low volume
wastewater, runoff from the ash landfill, dry flyash handling system wash water, coal
pile runoff, silo wash water, stormwater runoff, cooling tower blowdown from unit number 4,
and domestic sewage treatment plant effluent. Effluent from the ash pond discharges into
the heated water discharge canal and is ultimately released into Hyco Lake through
outfall 003;
• Heated Water Discharge Canal System (Outfall 003) At the point that the discharge
canal enters Hyco Lake, it contains flow from several waste streams, including once -through
cooling water, stormwater runoff, and the effluent from the ash pond (Outfall 002),
• Cooling Tower Blowdown System (Outfall 005) Cooling tower blowdown from unit number 4
discharges into the ash transport system and ultimately flows into the ash pond (Outfall
002) Effluent from the ash pond discharges into the heated water discharge canal and is
ultimately released into Hyco Lake through outfall 003,
• Coal Pile Runoff Treatment System (Outfall 006) This system handles runoff from the coal
pile and other coal handling areas These waters are routed to a retention pond for
treatment by neutralization, sedimentation, and equalization prior to being discharged
directly in Hyco Lake,
• Domestic Wastewater Treatment System (Outfall 008) Effluent from the treatment system -
flows into the ash pond (Outfall 002) Effluent from the ash pond discharges into the—
heated water discharge canal and is ultimately released into Hyco Lake through outfall
003, and
2. Discharge from said treatment works at the location specified on the attached map into Hyco
Lake which is classified as Class B waters in the Roanoke River Basin
All discharges shall be in accordance with the attached schedules
Part I: Wastewater Monitoring, Controls and Limitations for Permitted Discharges
Part II: Standard Conditions for NPDES Permits
Part III: Annual Administering and Compliance Monitoring Fee Requirements
Part IV: Limitations Reopener
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
-12
n YG O
Outfall 006'\
Discharge point
�Powerplant wTe
.51 00
OC -
�S hargE?—subrt.
N . c
Jc s .�,_ gni✓ � ti • � \ ,�
ROAD CLASSIFICATION
PRIMARY HIGHWAY LIGHT-DUTY ROAD, HARD OR
HARD SURFACE � IMPROVED SURFACE
SECONDARY HIGHWAY
HARD SURFACE CUNIMPROVED ROAD — "—
�
Latitude 36028`48" Longitude 79005'11"
Map # B22NE Sub -basin 03-02-05
Stream Class B
Discharge Class 14
Receiving Stream Hyco Lake
Design Q No Limit Permit expires 04/30/02
450 —
SCALE 1:24 000
0 1 MILE
0 7000 FEET
1 0 1 KILOMETER
CONTOUR INTERVAL 10 FEET
QUAD LOCATION
Roxboro Facility
NC0003425
Person County
PART I: WASTEWATER MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGERS Page 1 of 9
A (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No NC0003425
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall serial number
002 (Ash Pond Treatment System). Such discharges shall be limited and monitored by the Permittee as specified below:
EFFLUENT CHARACTERISTICS
LIMITS
MONITORING REQUIREMENTS
Monthly Daily Daily Measurement Sample Sample
Average Average Maximum Frequency TVDe Locationi
Flow
Daily
Continuous
E
Total Selenium2
5 9 lbs/day
Biweekly
Composite
E
Total Sue ondod Solids
30 0 m /I
100.0 m /I
2 / Month
Grab
E
Oil and Grease
15.0 m /I
20.0 m /I
2 / Month
Grab
E
Notes:
1 Sample locations: E - Effluent. Samples taken in compliance with the monitoring requirements listed above shall be taken at the ash pond discharge prior to
mixing with other sources of wastewater.
2 Daily grab samples shall be combined into a weekly composite prior to analysis. Sampling shall be conducted every other week
The low volume waste shall be discharged to the ash pond treatment system.
Biological monitoring will be conducted as required by Special Condition 6 located under Part I, Section C of this permit
Special permit conditions applicable to the subject facility are listed under Part I, Section C of this permit
PART I WASTEWATER MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGERS Page 2 of 9
A (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No NC0003425
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall serial number
003 (Heated Water Discharge Canal System) Such discharges shall be limited and monitored by the Permittee as specified below
EFFLUENT CHARACTERISTICS
LIMITS MONITORING REQUIREMENTS
Monthly Average
Instantaneous Measurement Sample Sample
Maximum Fre uenc Type Location'
Flow
Continuous
Pump log or
similar reading
Plant Intake
Temperature °C2
Continuous
Recording
E
Total Residual Chlonne3
200 /I 2 / Month
Multiple Grabs
E
Total Phosphorus
Monthly
Grab
E
Total Nitrogen
Monthly
Grab
E
Arsenic
Monthly
Grab
E
H4
Weekly
Grab
E
Acute Toxicit 5
Quarterly
Composite
E LJ
Notes
' Sample locations E - Effluent Effluent sampling point shall be located on the discharge canal at the point of discharge into Hyco Lake Samples taken in
compliance with the monitoring requirements listed above shall be taken prior to mixing with other sources of wastewater
2 The Permittee shall operate so as to remain in compliance with the conditions outlined in the mixing zone defined in Special Condition 5 under Part I,
Section C of this permit The temperature of Hyco Lake shall at no time exceed the thermal water quality standard outside the mixing zone defined in
Special Condition 5 Monitoring in the mixing zone shall be between 4C and 4D as shown on the Fishery and Temperature Survey Map by continuous
monitor These thermal limitations may be deleted or revised as appropriate, based upon evaluation of the results of the thermal studies
3 Total residual chlorine may not be discharged from any single generating unit for more than two hours per day, unless the Permittee can demonstrate to the
Division of Water Quality that a discharge for more than two hours is required for macromvertebrate control Simultaneous multi -unit chlonnation is
permitted In order to meet the two hour limitation, the chlorination shall be automatically controlled or a log kept of manual system operation times
4 The pH shall not be less than 6 0 standard units nor greater than 9 0 standard units
5 Acute Toxicity (Pimephales Promelas) P/F @ 90%; March, June, September, and December, See Special Condition 1 under Part I, Section C of this permit
In lieu of the requirement in Part Il, Section A, Condition 18a, composite samples for this effluent characteristic shall consist of 24 or more grab samples of
equal volumes collected at equal intervals over a 24 hour period
The Permittee is allowed to operate Unit 3 in a once -through cooling mode from October 15 through April 30.
There shall be no discharge of floating solids or visible foam in other than trace amounts outside an area five(5) meters from the discharge pipe
Special permit conditions applicable to the subject facility are listed under Part I, Section C of this permit
PART I: WASTEWATER MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGERS Page 3 of 9
A.(3). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL
Permit No NC0003425
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall serial number
005 (Cooling Tower Blowdown System). Such discharges shall be limited and monitored by the Permittee as specified below:
EFFLUENT CHARACTERISTICS
LIMITS
MONITORING REQUIREMENTS
Monthly Daily Daily
Avera a Average Maximum
Measurement Sample Sample
Frequency Tune Location'
Flow
Continuous
during discharge
Pump Logs
E
Free Available Chlonne2
200 /I
500 /I
2 / Month
Multiple Grab
E
Total Residual Chlonne2
Monthly
Multiple Grab
E
Chromium, Tota13
200 /1
200 /I
2 / Month
Composite
E
Zinc, Tota13
1 0 m /I
1.0 m /I
2 / Month
Composite
E
The 126 Priority Pollutants (40 CFR Part 423,
Appendix A) Exclusive of Zinc and Chromium3
No Detectable Amount
Annual
Grab
E
Notes:
' Sample locations. E - Effluent. Samples taken in compliance with the monitoring requirements specified above shall be taken at the following locations
discharge from the cooling tower prior to mixing with other waste streams Permittee may take samples for chlorine in the cooling tower basin.
2 Neither free available chlorine nor total residual chlorine may be discharged from any single generating unit for more than two hours per day, unless the
Permittee demonstrates to the Division of Water Quality that discharge for more than two hours is required for macroi nve rtib rate control. The 500 µg/I is a
daily maximum limitation and is to be measured during the chlorine release period. The 200 gg/I limitation is an average during the chlorine release period
3 These limitations and monitoring requirements apply only if these substances are added by the permittee for cooling tower maintenance. Compliance with
the limitations for the 126 priority pollutants in 40 CFR 423.13 (d)(1) may be determined by engineering calculations which demonstrate that the regulated
pollutants are not detectable in the final discharge by the analytical methods in 40 CFR Part 136 All primary industries are required to submit a priority
pollutant analysis in accordance with 40 CFR Part 122 with their application for permit renewal
Discharge of blowdown from the cooling tower is defined as the minimum discharge of recirculation water necessary for the purpose of discharging materials
contained in the process, the further build-up of which would cause concentration in amounts exceeding limitations established by best engineering practice
The Permittee shall notify the Division 6f Water Quality, Raleigh Regional Office (919 - 571 - 4700), prior to draining the cooling tower, except during non -office
hour emergencies when notification must be made the next working day.
Special permit conditions applicable to the subject facility are listed.under Part I, Section C of this permit. /
PART I. WASTEWATER MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGERS Page 4 of 9
A (4). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL
Permit No. NC0003425
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall serial number
006 (Coal Pile Runoff Treatment System). Such discharges shall be limited and monitored by the Permittee as specified below.
EFFLUENT CHARACTERISTICS
LIMITS MONITORING REQUIREMENTS
Monthly Average Instantaneous Measurement Sample Sample
Maximum _fLtguency Tyne Location'
Flow
2 / Month
Estimate
E
Total Suspended Solids
50.0 m /I 2 / Month
Grab
E
Acute Toxicit 2
Annual
Grab
E
H3
Weekly
Grab
E
Notes:
1 Sample locations. E - Effluent. Samples taken in compliance with the monitoring requirements listed above shall be taken at the point of discharge from the
treatment system prior to mixing with other sources of wastewater.
2 Acute Toxicity (Pimephales promelas 24 hr) Monitoring, Annual, See Special Condition 2 under Part I, Section C of this permit
3 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of floating solids or visible foam in other than trace amounts outside an area five(5) meters from the discharge pipe.
Material storage runoff shall include rainfall to navigable waters through any discernible, confined and/or discrete conveyance from or through coal.
Special permit conditions applicable to the subject facility are listed under Part I, Section C of this permit
PART I WASTEWATER MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGERS Page 5 of 9
A (5) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No NC0003425
During the period beginning on the effective date of the permit and lasting until expiration the Permittee is authorized to discharge from outfall serial number
008 (Domestic Wastewater Treatment System) Such discharges shall be limited and monitored by the Permittee as specified below
EFFLUENT CHARACTERISTICS
LIMITS
MONITORING REQUIREMENTS
Monthly Daily
Average Average
Daily Measurement Sample Sample
Maximum Fre uenc Type Location'
Flow
0 015 MGD
BOD 5 Day, 20°C
30 0 mg/I
45 0 mg/I
Total Suspended Solids
30 0 m /I
45 0 mg/1
NH3 as N
Hz
Notes:
Samples taken in compliance with the monitoring requirements listed above shall be taken prior to mixing with other sources of wastewater
2 The pH shall not be less than 6 0 standard units nor greater than 9 0 standard units
Special permit conditions applicable to the subject facility are listed under Part I, Section C of this permit
PART I WASTEWATER MONITORING, CONTROLS AND Page 6 of 9
LIMITATIONS FOR PERMITTED DISCHARGERS
Permit No NC0003425
SECTION B. SCHEDULE OF COMPLIANCE
1 The permittee shall comply with Final Effluent Limitations by the effective date of the permit
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
existing facilities in accordance with Part H C.2
SECTION C: SPECIAL CONDITIONS
I . Acute Toxicity Pass/Fail Permit Limit (ORTRLY)
The permittee shall conduct acute toxicity tests on a auarterl) basis using protocols defined
in the North Carolina Procedure Document entitled "Pass/Fall Methodology For
Determining Acute Toxicity In A Single Effluent Concentration" (Revised -July, 1992 or
subsequent versions) The monitoring shall be performed as a Fathead Minnow
(Pimephales promelas) 24 hour static 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) Effluent samples for self-monitoring purposes must be obtained during
representative effluent discharge below all waste treatment. The tests will be performed
during the nionths of March, June, September, and December.
All toxicity testing results required as part of this permit condition will be entered on the
Effluent Discharge Monitoring Form (MR -1) for the month in which it was performed,
using the parameter code TGE6C. Additionally, DWQ Form AT -2 (original) is to be sent to
the following address-
Attention- Environmental Sciences Branch
North Carolina Division of Water Quality
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Test data shall be complete and accurate and include all supporting chenucal/physrcal
measurements performed in association with the toxicity tests, as well as all dose/response
data. 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 of flow from the facility during a month in which 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 Environmental Sciences Branch at the
address cited above.
PART I. WASTEWATER MONITORING, CONTROLS AND Page 7 of 9
LIMITATIONS FOR PERMITTED D SCHARGERS
Permit No NC0003425
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
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.
Should any test data from either these monitoring requirements or tests performed by the
North Carolina Division of Water Quality indicate or predict negative impacts to the
biological integrity of 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.
2.- Acute Toxicity Monitoring (ANNUAL)
The permittee shall conduct annual toxicity tests using protocols defined as definitive in
EY 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 static 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. The annual test requirement must be performed and
reported by June 30. If no discharge occurs by June 30, notification will be made to the
Division by this date. Toxicity testing will be performed on the next discharge event for the
annual test requirement.
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, DWQ Form
AT -1 (original) is to be sent to the following address:
Attention: Environmental Sciences Branch
North Carolina Division of
Water Quality
4401 Reedy Creek Rd.
Raleigh, N.C. 27607
Test data shall be complete and accurate and include all supporting chemical/physical
measurements performed in association with the toxicity tests, as well as all dose/response
data. Total residual chlorine of the effluent toxicity sample must be measured and reported
if chlorine is employed for disinfection of the waste stream
PART I WASTEWATER MONITORING, CONTROLS AND Page 8 of 9
LIMITATIONS FOR PERMITTED DISCHARGERS
Permit No NC0003425
Should any test data from either these monitoring requirements or tests performed by the
North Carolina Division of Water Quality indicate or predict negative impacts to the
biological integrity of 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.
3. Intake Screen Backwash Condition
Continued intake screen backwash discharge is permitted without limitations or monitoring
requirements
4. Best Management Practices Plan
The Permittee shall continue to implement a Best Management Practices (BMP) Plan to
control the discharge of oils and the hazardous and toxic substances listed in 40 CFR, Part
117 and Tables II and III of Appendix D to 40 CFR, Part 122. The plan shall include a
listing of all potential sources of spills or leaks of these materials, a method for
containment, a description of training, inspection and security procedures, and emergency
response measures to be taken in the event of a discharge to the surface waters. Sources of
such discharges may include, but are not limited to , materials storage area, in -plant
transfer, process and material handling areas, loading an unloading operations, plant site
runoff, and sludge and waste disposal areas The BMP Plan shall continue to be
maintained at the plant site and shall be available for inspection by EPA and DWQ
personnel
5. Temperature Requirements
Water quality standards for temperature will not apply within a mixing zone which
shall include the North Hyco arm downstream of NC Highway 57, the main body
of Hyco Lake downstream of the confluence of the Cobbs Creek Arm and the
North Hyco Arm, and the entire afterbay lake. The area described does not include
the South Hyco Arm or the first three finger arms on the west side of the lake lying
upstream of the dam.
b . All water discharged from the afterbay to Hyco River shall comply with all
applicable standards including temperature standards
Waters within the main lake and the afterbay lake to Hyco River shall comply with
water quality standards except the temperature standards in the areas of the lake
defined herein as a mixing zone.
PART I WASTEWATER MONITORING, CONTROLS AND Page 9 of 9
LIMITATIONS FOR PERMITTED DISCHARGERS
Permit No. NC0003425
d. Temperature measurements made to monitor compliance with this provision shall be
made at least six inches, but not more than one foot, below the surface of the lake
A monthly average temperature shall consist of at least five determinations
conducted on five separate days.
e. Temperature increases shall be determined as the increase in temperature above the
temperature measured at the confluence of the two southern finger arms on the
north side of the lake (NC Grid coordinates North 1,005,000, East 1,981,000).
6. Biological Monitoring
In accordance with the previously submitted biological monitoring program (as approved
by the Director of the Division of Water Quality and as it may be amended), the Permittee
shall submit results of biological studies and monitoring programs in a manner and under
schedule to be approved by the Director of the Division of Water Quality.
7. Cooling Tower Blowdown Discharge
Unit number 4 Cooling Tower Blowdown shall not be discharged through the maintenance
drain directly to the heated water discharge canal. Blowdown may only be discharged
through the ash transport system to the ash pond.
8. PCB Prohibition
There shall be no discharge of polychlorinated biphenyl compounds such as those
commonly used for transformer fluid.
PART II STANDARDS CONDITIONS FOR NPDES PERMITS Page 1 of 19
Permit No NC0038377
SECTION A: DEFINITIONS
1 Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33
USC 1251, et seq
2 Best Management Practices (BMPs)
Schedules of activities, prohibitions of practices, maintenance procedures, and other management
practices to prevent or reduce the pollution of waters of the United States. BMPs also include
treatment requirements, operation procedures, and practices to control plant site runoff, spillage
or leaks, sludge or waste disposal, or drainage from raw material storage
3 Bulk Storage of Liquid Products
Liquid raw materials (excluding water), 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 storage capacity of greater than
1,320 gallons
4 Calculation of Means
a Arithmetic Mean The arithmetic mean of any set of values is the summation of the
individual values divided by the number of individual values
b Geometric Mean The geometric mean of any set of values is the Nth root of the product of the
individual values where N is equal to the number of individual values The geometric mean
is equivalent to the antilog of the arithmetic mean of the logarithms of the individual
values For purposes of calculating the geometric mean, values of zero (0) shall be considered
to be one (1)
c. Weighted by Flow Value- Weighted by flow value means the summation of each
concentration tunes its respective flow divided by the summation of the respective flows
5 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
6 Coal Pile Runoff
The rainfall runoff from or through any coal storage pile
PART II STANDARDS CONDITIONS FOR NPDES PERMITS Page 2 of 19
Permit No NCO038377
7. Concentration Measurement
The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar month on
which daily discharges are sampled and measured, divided by the number of daily
discharges sampled and/or measured during such month (arithmetic mean of the daily
concentration values). The daily concentration value is equal to the concentration of a
composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected during that calendar day The average monthly count for
fecal coliform bacteria is the geometric mean of the counts for samples collected during a
calendar month This limitation is identified as "Monthly Average" under "Other Limits" in
Part I of the permit
b The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar week
(Sunday/ Saturday) on which daily discharges are sampled and measured divided by the
number of daily discharges sampled and/or measured during such week (arithmetic mean of
the daily concentration values) The daily concentration value is equal to the concentration of
a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected during that calendar day The average weekly count for
fecal coliform bacteria is the geometric mean of the counts for samples collected during a
calendar week This limitation is=dentified as "Weekly Average" under "Other Limits" in
Part I of the permit
c The "maximum daily concentration" is the concentration of a pollutant discharge during a
calendar day If only one sample is taken during any calendar day the concentration of
pollutant calculated from it is the "Maximum Daily Concentration" It is identified as
"Daily Maximum" under "Other Limits" in Part I of the permit.
d The "average annual concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar year on
which daily discharges are sampled and measured divided by the number of daily discharges
sampled and/or measured during such year (arithmetic mean of the daily concentration
values) The daily concentration value is equal to the concentration of a composite sample or
in the case of grab samples is the arithmetic mean (weighted by flow value) of all the
samples collected during that calendar day . The average yearly count for fecal coliform
bacteria is the geometric mean of the counts for samples collected during' a calendar year This
limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit.
e The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of
dissolved oxygen required to be available in the effluent prior to discharge averaged over a
calendar day If only one dissolved oxygen sample is taken over a calendar day, the sample is
considered to be the "daily average concentration" for the discharge. It is identified as
"daily average" in the text of Part I
The "quarterly average concentration" is the average of all samples taken over a calendar
quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit.
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Permit No NCO038377
g A calendar quarter is defined as one of the following distinct periods January through March,
April through June, July through September, and October through December.
8 DWO or "the Division"
The Division of Water Quality, Department of Environment, Health and Natural Resources
9 EMC
The North Carolina Environmental Management Commission
10 Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act
11 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
12 Mass/Day Measurements
The "monthly average discharge" is defined as the total mass of all daily discharges
sampled and/or measured during a calendar month on which daily discharges are sampled
and measured, divided by the number of daily discharges sampled and/or measured during
such month It is therefore, an arithmetic mean found by adding the weights of the pollutant
found each day of the month and then dividing this sum by the number of days the tests were
reported. The limitation is identified as "Monthly Average" in Part I of the permit
b The "weekly average discharge" is defined as the total mass of all daily discharges sampled
and/or measured during the calendar week (Sunday - Saturday) on which daily discharges
are sampled and measured, divided by the number of daily discharges sampled and/or
measured during such week It is, therefore, an arithmetic mean found by adding the weights
of pollutants found each day of the week and then dividing this sum by the number of days
the tests were reported. This limitation is identified as "Weekly Average" in Part I of the
permit
c The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a
calendar day If only one sample is taken during any calendar day the weight of pollutant
calculated from it is the "maximum daily discharge." This limitation is identified as "Daily
Maximum," in Part I of the permit
d The "average annual discharge" is defined as the total mass of all daily discharges sampled
and/or measured during the calendar year on which daily discharges are sampled and
measured, divided by the number of daily discharges sampled and/or measured during such
year It is, therefore, an arithmetic mean found by adding the weights of pollutants found
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Permit No. NCO038377
each day of the year and then dividing this sum by the number of days the tests were reported
This limitation is defined as "Annual Average" in Part I of the permit
13. Other Measurements
a Flow, (MGD) The flow limit expressed in this permit is the 24 hours average flow, averaged
monthly It is determined as the arithmetic mean of the total daily flows recorded during the
calendar month
b An "instantaneous flow measurement" is a measure of flow taken at the time of sampling,
when both the sample and flow will be representative of the total discharge
c A "continuous flow measurement" is a measure of discharge flow from the facility which occurs
continually 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
14. Permit Issuing Authority
The Director of the Division of Water Quality
15 Point Source Discharge
Any discernible, confined and discrete conveyance, including but specifically not limited to, any
pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or
concentrated animal feeding operation from which pollutants are or may be discharged to waters
of the state
16 Sample Types
a Composite Sample A composite sample shall consist of -
(1) a series of grab samples collected at equal tune 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
(2) 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 present gallon interval between sample collection fixed at
no greater than 1/24 of the expected total daily flow at the treatment system, or
(3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow.
In accordance with (1) above, the time interval between influent grab samples shall be no
greater than once per hour, and the time interval between effluent grab samples shall be no
greater than once per hour except at wastewater treatment systems having a detention time of
greater than 24 hours In such cases, effluent grab samples may be collected at time intervals
evenly spaced over the 24 hour period which are equal in number of hours to the detention time
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Permit No NC0038377
of the system in number of days. However, in no case may the time interval between effluent
grab samples be greater than six (6) hours nor the number of samples less than four (4) during a
24 hour sampling period.
b Grab Sample Grab samples are individual samples collected over a period of time not
exceeding 15 minutes, the grab sample can be taken manually Grab samples must be
representative of the discharge or the receiving waters
17 Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to allow for the 25 -year, 24-hour storm event
18 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 That meet at least one of the following criteria -
(1) Is listed in appendix D of 40 CFR part 122 on either Table II (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.
19 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.
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Permit No NC0038377
20. 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 10 and CFR 117 21) or section
102 of CERCLA (Ref 40 CFR 302 4)
21 Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act
22 Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning
operations, or airport deicing operations
23 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
24 Waste Pile
Any non -containerized accumulation o- solid, non -flowing waste that is used for treatment or
storage
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 Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuar_ce, or modification; or denial of a permit renewal
application
a The permittee shall comply with effluent standards or prohibitions established under section
307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or
disposal established under section 405(d) of the Clean Water Act 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 Clean Water Act provides that any person who violates a permit condition is subject to a
civil penalty not to exceed $25,000 per day for each violation. Any person who negligently
violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of
PART II STANDARDS CONDITIONS FOR NPDES PERMITS Page 7 of 19
Permit No NCO038377
violation, or imprisonment for not more than 1 year, or both Any person who knowingly
violates permit conditions 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. Also, any person who violates a
permit condition may be assessed an administrative penalty not to exceed $10,000 per
violation with the maximum amount not to exceed $125,000 [Ref Section 309 of the Federal
Act 33 U S C. 1319 and 40 CFR 122 41 (a)]
c Under state law, a civil penalty of not more than ten thousand dollars ($10,000) 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 [Ref North Carolina General Statutes § 143-215.6A]
d Any person may be assessed an administrative penalty by the Administrator for violating
section 301, 302, 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
Administrative penalties for Class I violations are not to exceed $10,000 per violation, with
the maximum amount of any Class I penalty assessed not to exceed $25,000 Penalties for Class
II violations are not to exceed $10,000 per day for each day during which the violation
continues, with the maximum amount of any Class II penalty not to exceed $125,000
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 which has a reasonable likelihood of adversely affecting
human health or the environment
3 Civil and Criminal Liability
Except as provided in permit conditions on 'Bypassing" (Part II, C-4) 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.
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Permit No NCO038377
5 Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, ncr 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
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
7. Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held mvalid, the application
of such provision to other circumstances, and the remainder of this permit, shall not be affected
thereby
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 to be kept by this peanut
9. Duty 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.
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 expiratian date 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 Si=atory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be
signed and certified
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Permit No NC0038377
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 employing more
than 250 persons or having gross annual sales or expenditures exceeding 25 million (in
second quarter 1980 dollars), if 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
b All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person described 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
c Certification Any person signing a document under paragraphs a or b of this section shall
make the following certification
"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 mformatron, 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.
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Permit No. NCO038377
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 2H 0100, and North
Carolina General Statute 143-215 1 et al
14 Previous Permits
All previous National Pollutant Discharge Elimination System Permits issued to this facility,
whether for operation or discharge, are hereby revoked by issuance of this permit [The exclusive
authority to operate this facility arises under this permit The authority to operate the facility
under previously issued permits bearing this number is no longer effective ] The conditions,
requirements, terms, and provisions o-- this permit authorizing discharge under the National
Pollutant Discharge Elimination System govern discharges from this facility.
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1 Certified Operator
Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the
facility by the Certification Commission, the permittee shall employ a certified wastewater
treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities
Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the wastewater treatment facilities by the Certification Commission
The permittee must also employ a cer_ified back-up operator of the appropriate type and any
grade to comply with the conditions of Title 15A, Chapter 8A 0202 The ORC of the facility
must visit each Class I facility at least weekly and each Class II, III, and IV facility at least
daily, excluding weekends and holidays, and must properly manage and document daily
operation and maintenance of the facility and must comply with all other conditions of Title 15A,
Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the
Certification Commission which designates the operator in responsible charge within thirty
days after the wastewater treatment facilities are 50% complete
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 operation of back-up or auxiliary facilities or similar systems which are
PART II STANDARDS CONDITIONS FOR NPDES PERMITS Page 11 of 19
Permit No NC0038377
installed by a permittee only when the operation is necessary to achieve compliance with the
conditions of the permit
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
4 Bypassing of Treatment Facilities
a Definitions
(1) 'Bypass" means 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
(2) "Severe property damage" means 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 does not mean economic loss caused by delays
in production
b Bypass not exceeding limitations
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 c and d. of this section.
c Notice
(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 affect of the bypass
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as
required in Part II, E 6. of this permit (24 hour notice)
d Prohibition of Bypass
(1) Bypass 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,
PART II STANDARDS CONDITIONS FOR NPDES PERMITS Page 12 of 19
Permit No NC0038377
(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 c of this section
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering its
adverse affects, if the Permit Issuing Authority determines that it will meet the three
conditions listed above in Parag: aph d (1) of this section
5 Upsets
a. Definition
"Upset " means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors beyond
the reasonable control of the permittee. An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive mamter_ance, or careless or unproper operation
b Effect of an upset
An upset constitutes an affirmative defense to an action brought for noncompliance with such
technology based permit effluent limitations if the requirements of paragraph c. 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.
c Conditions necessary for a demonstration of upset.
A 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)(B) of this permit.
(4) The permittee complied with any remedial measures required under Part III, B 2. of this
permit.
d. Burden of proof
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has
the burden of proof.
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Permit No NC0038377
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 The permittee shall comply with all existing federal
regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any
permit issued by the Permit Issuing Authority for the utilization/ disposal of sludge may be
reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR
Part 503 The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and
Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even
if the permit is not modified to incorporate the requirement. 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 DWQ
Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, 0124 Reliability,
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 characteristic of the
volume and nature of the permitted discharge. Samples collected at a frequency less than daily
shall be taken on a day and time that is characteristic of the discharge over the entire period
which the sample represents All samples shall be taken at the monitoring points specified in
this permit and, unless otherwise specified, before the effluent loins 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.
2 Retorting
Monitoring results obtained during the previous month(s) shall be summarized for each month
and reported on a monthly Discharge Monitoring Report (DMR) Form (DWQ No. MR 1, 1.1, 2, 3) or
alternative forms approved by the Director, DWQ, postmarked no later than the 30th day
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
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Permit No NCO038377
Duplicate signed copies of these, and all other reports required herein, shall be submitted to the
following address
Division of Water Quality
Water Quality Section
ATTENTION Central Files
Post Office Box 29535
Raleigh, North Carolina 27626-0535
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 are 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.
Once -through condenser cooling water flow which is 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
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 Federal Water Pollution
Control Act, as Amended, and Regulation 40 CFR 136, or in the case of sludge use or disposal,
approved under 40 CFR 136, unless othe-wise specified in 40 CFR 503, unless other test procedures
have been specified in this permit
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 Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders maccurate, 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.
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Permit No NCO038377
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 and all original strip chart
recordings for continuous monitoring instrumentation, copies of all reports required by this permit,
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
7 Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the permittee
shall record the following information
a The date, exact place, and tune 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 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 any records that must be kept under the conditions of this perrrut,
c Inspect any facilities, equipment (including monitoring and control equipment), practices, or
operations regulated or required under this pernut; and
d Sample or monitor for the purposes of assuring permit compliance or as otherwise authorized
by the Clean Water Act, any substances or parameters at any location
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
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Permit No NC0038377
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. Notice is required only when
a The alteration or addition to a permitted facility may meet one of the criteria for determining
whether a facility is a new source in 40 CFR Part 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 which are subject neither to
effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42
(a)(1)
The alteration or addition results in a significant change in the permittee's sludge use or
disposal practices, and such alternation, 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 in the permitted
facility or activity which may result in nDncompliance with permit requirements
4 Transfers
This permit is not transferable to any person except after notice to the Director. The Director may
require modification or revocation and xeissuance of the permittee and incorporate such other
requirements as may be necessary under he Clean Water Act.
5 Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2
of this permit) 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 the permit, using test
procedures specified in Part II, D. 4 of this permit or in the case of sludge use or disposal,
approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall
be included in the calculation and reporting of the data submitted in the DMR.
c Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director in the permit
PART II STANDARDS CONDITIONS FOR NPDES PERMITS Page 17 of 19
Permit No NCO038377
6 Twenty --four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger 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
b The following shall be included as information which must be reported within 24 hours under
this paragraph
(1) Any unanticipated bypass which exceeds any effluent limitation in the permit
(2) Any upset which exceeds any effluent limitation in the permit
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the
Director in the permit to be reported within 24 hours
c The Director may waive the written report on a case-by-case basis for reports under paragraph
b above of this condition if the oral report has been received within 24 hours
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
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.
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.
PART II STANDARDS CONDITIONS FOR NPDES PERMITS Page 18 of 19
Permit No NC0038377
b Any process unit failure, due to known or unknown reasons, that render the facility mcapable
of adequate wastewater treatment such as mechanical or electrical failures of pumps,
aerators, compressors, etc
Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters 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 in letter form
within 5 days following first knowledge of the occurrence
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 of the Division of Water Quality As required by the Act,
effluent data shall not be considered con=identral 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 Clean Water Act 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 $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
SECTION F. OTHER REQUIREMENTS
1. Construction
No construction of wastewater treatment facilities, additions to the plant's treatment capacity or
change(s) to the type(s) of process(es) utilized at the treatment plant shall be begun until Final
Plans and Specifications have been submitted to the Division. Construction may not begin until
written approval and an Authorization to Construct has been issued by the Drvision to the
permittee
2. Groundwater Monitoring
The permittee shall, upon written notice from the Permit Issuing Authority, conduct groundwater
monitoring as may be required to determme the compliance of this facility with the current
groundwater standards
3 Changes in Discharges of Toxic Substances
The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe-
PART II STANDARDS CONDITIONS FOR NPDES PERMITS Page 19 of 19
Permit No NCO038377
i. 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 ug/1);
(2) Two hundred micrograms per liter (200 ug/1) for acrolem and acrylonitrile, five hundred
micrograms per liter (500 ug/1) for 2 4-dmitrophenol and for 2 -methyl -4 6-dmitrophenol,
and one milligram per liter (1 mg/1) for antimony;
(3) Five (5) 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 ug/1),
(2) One milligram per liter (1 mg/1) for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the permit
application
PART III ANNUAL ADMINISTERING AND COMPLIANCE Page 1 of 1
MONITORING FEE REQUIREMENTS
Permit No NC0038377
The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty)
days after being billed by the Division Failure to pay the fee in a timely manner in accordance with
15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit
PART IV LIMITATIONS REOPENER
Page 1 of 1
Permit No NC0038377
This permit shall be modified , or revoked and reissued, to comply with any applicable effluent
guideline or water quality standard issued or approved under sections 302(b)(2)(c) and (d), 304(b)(2) and
307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or
approved
a contains different conditions or is otherwise more stringent than any effluent limitation in the
permit, or
b controls and pollutant not limited in the permit
The permit as modified or reissued under this paragraph shall also contain any other requirements in
the Act then applicable.