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HomeMy WebLinkAboutNC0003425_Final Permit_20021231December 31, 2002 Mr. Cecil Rowland Plant Manager Roxboro Steam Electric Generating Plant 1700 Dunnaway Road Semora, North Carolina 27343 Dear Mr Rowland Michael F Easley, Governor State of North Carolina William G Ross, Jr, Secretary Department of Environment and Natural Resources Alan W Klimek, P E, Director Division of Water Quality Subject. Issuance of NPDES Permit NC0003425 Roxboro Steam Electric Plant Person County Division staff have reviewed and approved your renewal application for an NPDES discharge permit. Accordingly, the Division is forwarding 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 U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). In response to Carolina Power & Light's letter of October 7, 2002 we offer the following comments. ■ Supplement to Cover Sheet - The description of the chemical metal cleaning waste was modified as requested. The word "evaporated" was eliminated from the description ■ The page numbers for Part I were corrected ■ Outfall 002 • The sample type for selenium was changed to grab (as in the previous permit). • The reference to the footnote defining the sampling locations was added. • The last sentence after the notes was eliminated. ■ Outfall 003 • The reference to Special Condition A. (7) was corrected in the footnotes • The requirement to monitor for total residual chlorine (TRC) twice per month remains in the permit. Outfall 003 is a combined outfall with various sources of wastes and it is one of the points of discharge into the lake • The second to last sentence was modified to read "from the discharge point" • The last sentence after the notes was eliminated ■ Outfall 005 • The following sentence was added to footnote 3: "There shall be no detectable amounts of the 126 priority pollutants (40 CFR 423 Appendix A) contained in chemicals added for cooling tower except for total chromium and total zinc " • Footnote 2 was modified to require monitoring only when chlorine is used or discharged from the facility • The reference to the footnote defining the sampling locations was added • The last sentence after the notes was eliminated ■ Outfall 006 • The sample type for pH was changed to grab The sampling frequency for pH was incorrectly listed in the draft permit as quarterly It has been changed to weekly • The reference to the Special Condition was corrected in the footnotes. ■ Outfall 008 • The effluent page has been modified to require annual monitoring of the effluent The Federal regulations establish a minimum monitoring frequency of annually. • A special condition regarding operation and maintenance of the treatment system was added to Part 1. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer Visit us on the INTERNET Q www enr state nc us Issuance of Permit NC0003425 Roxboro Steam Electnc Plant Page 2 Outfall 009 • The limitations for total suspended solids (TSS) and oil and grease are applied at the discharge from the metal cleaning waste process before combining with other wastes (as specified in 40 CFR 423 12(12)) • The word "evaporated" was removed from the first sentence after the footnotes. • The last sentence after the footnotes was eliminated. • The word `Internal" was added to all internal outfalls Part 1, Special Condition A. (7) Acute Toxicity Monitoring - The wording presented in the Special Condition is the standard language for toxicity tests and is developed by the Aquatic Toxicology Unit At this moment the NPDES Unit cannot change the wording for this section. Part II Standard Conditions • The signatory requirements reflect the language in 15A NCAC 213.0500 • The last sentence in Part 1I, Section C 1 was elirmnated. The permittee must comply with the current conditions in rule 15A NCAC 8A.0202 as referenced in Section II of the permit. • The definition of bypass was modified to read "the intentional 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." Part III - The first sentence in Part III, D. was eliminated The condition to evaluate alternatives if the facility is in non-compliance is a general condition applicable to all permittees. 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 a demand is made, this permit shall be final and binding. 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 Quality, the Division of Land Resources, the Coastal Area Management Act, or any other federal or local governmental permit If you have any questions concern --,ng this permit, please contact Teresa Rodriguez at telephone number (919) 733-5083, extension 595. Sincerely, Origgsna9 Signed By Dated A, Goodrich Alan W. Klimek, P.E. cc: NPDES Files' Central Files U S EPA Region IV Raleigh Regional Office / Water Quality Section Aquatic Toxicology Unit Permit 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, Iter'�ccs-s E'ne'r5y �ro li"tris, �qc. Carolina Power and Light Company is hereby authorized to discharge wastewater from a facility located at the Roxboro Steam Electric Generating Plant NCSR 1377 near Roxboro 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. This permit shall become effective February 1, 2003. This permit and the authorization to discharge shall expire at midnight on March 31, 2007. Signed this day December 31, 2002 Original Signed By ®avid A. Goodrich Alan W. Klimek, P.E. Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0003425 `1 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 off NCSR 1377 near Roxboro in Person County: Ash Pond Treatment System (Internal 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, storm water runoff, cooling tower blowdown from unit number 4, and domestic ,FMC C,06 1��sti�ur sewage treatment plant effluent. Effluent from the ash pond discharges into '�"`'�` -b6°hµ` 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 (Internal Outfall 005). Cooling tower blowdown from unit number 4 discharges into the ash transport system, and ultimately flows into the ash pond (Outfall 002). ■ 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 into Hyco Lake. ■ Domestic Wastewater Treatment System (Internal Outfall 008). Effluent from the treatment system flows into the ash pond. Effluent from the ash pond discharges into the heated water discharge canal. ■ Chemical Metal Cleaning Treatment System (Internal Outfall 009). This wastestream may occasionally be discharged to the ash pond treatment system. It contains chemical metal cleaning wastes. Effluent from the ash pond discharges into the heated water discharge canal. 2. Discharge from said treatment works and/or outfalls at the locations specified on the attached map into the Hyco Lake, classified as WS -V & B waters in the Roanoke River Basin. C P & L Roxboro Facility StateGrid�Quad: Ohve Hill B 22 NE Repaving Stream Hyco Lake StrearuCiass: B Outfall 003 Latitude 36° 28' 48" N Longitude 79'05'11"W Outfall 006 Latb3de 36° 19' 13" N LoppkWa 79° 04' 41" W Drainage Basin_ Roanoke Raver Sub -Basin. 03-02,05 Faa7ityLocaticn not to scale NMES Permit No NC0003425 North Person County / \ _ NC I11) � AI rr9 / 5/Z / ^ r 7A\ - U � 70 = n50 1 ET 2. 5H ISGI c.l /' rly, SG 3 1948 1451 \ �IrT cob co / iE i / `�\, `.1t• //a� nr JII-i='t A .74V M �D� 511 �-9A SA \ b \96 SPILIwwv w ' /;t/ 6; 3• `. ' ` \ � 57 L•/moi / /435 1 IhIAAC �' I DISCH 4A .�` 7A C17' r N G 1317— J " /7J8 ASsET7r. LInPONDS / VU / AFTERRAY CIAM FO8• 30 / 1`G} 1327 n 'C� \9 132R• 635' c Col."'' SP yc CAn OLIVA POwEH A LIGNT CO o no X00RO STEAII ELECT RIC PLANT rafND FISHERY AND TEMPERATURE O SAMPLING TRANSCCTS SCALE IN lI.OUSAnU1 OF FFET SURVEY 0 SURFACE TLMPEAATURES C� EIn STING CANALS ARC 11 1 7 [`II STI NG DIHCS AND DAMS 4 Permit NC0003425 PART I WASTEWATER MONITORING, CONTROLS AND LIMITATIONS (effective February 1, 2003) Page 1 of 10 ` ' A. (1) EFFLUENT LIMITATIONS AND MONITORING RE!gUIREMENTS (002) During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from Internal Outfall 002 (Ash Pond Treatment System to the Heated Water Discharge Canal) Such discharges shall be limited and monitored by the Permittee as specified below - EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Sample Frequency Type Sample Location Flow Daily Continuous Effluent Total Selenium 2/month Composite Effluent Oil and Grease 15 0 m /L 20 0 m /L 2/Month Grab Effluent Total Suspended Solids 30 0 m /L 100 m /L 2/Month Grab Effluent Notes: 1. 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 The low volume waste shall be discharged to the ash pond treatment system. Permit NC0003425 PART I WASTEWATER MONITORING, CONTROLS AND LIMITATIONS (effective February 1, 2003) Page 2 of 10 A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (003) During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 003 (Heated Water Discharge Canal System to the Hyco Reservoir). Such discharges shall be limited and monitored by the Permittee as specified below EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Instantaneous Measurement Sample Average Maximum Frequency Type Sample Locationt Flow Continuous Pump Logs or similar reading Plant Intake Total Residual Chlorine 200,u/L 2/Month Multiple Grabs Effluent Total Phosphorus Monthly Grab Effluent Total Nitrogen Monthly Grab Effluent Temperature Continuous Recorder Effluent, 4C', 4D Total Arsenic Monthly Grab Effluent H 4 Weekly Grab Effluent Acute Toxicity' Quarterly Composite Effluent Notes: 1 Effluent sampling shall be performed 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 Total residual chlorine shall not 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 macro i nverteb rate control The 200 /jg/L limitation is an instantaneous maximum effluent limitation defined as the value which shall not be exceeded at any time, and is to be measured during the chlorine release period Simultaneous multi -unit chlorination 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 3 The Permittee shall operate so as to remain in compliance with the conditions outlined in the mixing zone defined in Special Condition A (12) of this permit. The temperature of Hyco Lake at no time shall exceed the thermal water quality standard outside the mixing zone defined in Special Condition A (11) Continuous monitoring in the mixing zone shall be between 4C and 4D as shown on the Fishery and Temperature Survey Map (attached) These thermal limitations may be deleted or revised, as appropriate, based upon evaluation of the results of the thermal studies 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 A. (7) of this permit. In lieu of the requirement in Part II, Section A, Condition 16a, 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 a distance five (5) meters from the discharge pipe f Permit NC0003425 PART I• WASTEWATER MONITORING, CONTROLS AND LIMITATIONS (effective February 1, 2003) Page 3 of 10 ' ' A. (3) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (005) During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from Internal Outfall 005 (Cooling Tower Blowdown to the ash pond) Such discharges shall be limited and monitored by the Permittee as specified below. EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Daily Measurement Sample Type Sample Location Average Maximum Frequency Flow Continuous during discharge Pump Los Effluent Free Available Chlorine 200 /L 500 N /L 2/month Multiple Grabs Effluent Total Residual Chlorine Monthly Multiple Grabs Effluent Total Chromium 200 pg /L 200 /L 2/Month Composite Effluent Total Zinc 1.0 m /L 1 0 m /L 2/Month Composite Effluent The 126 Priority Pollutants (40 CFR Part 423, Appendix A) Exclusive of Zinc and Chromium3 No Detectable Amount Annual Grab Effluent Notes: 1 Effluent sampling shall be conducted at the discharge from the cooling tower prior to mixing with other waste streams Samples taken in compliance with the monitoring requirements listed above shall be taken prior to mixing with other sources of wastewater 2 Neither free available chlorine nor total residual chorine 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 macroinvertebrate control. The 500 /jg/L is a daily maximum limitation and is to be measured during the chlorine release period. The 200,ug/L limitation is an average during the chlorine release period Total Residual Chlorine monitoring is only required if chlorine is used or discharged. 3 These limitations and monitoring requirements apply if these substances are added by the Permittee for cooling tower maintenance There shall be no detectable amounts of the 126 priority pollutants (40 CFR 423 Appendix A) contained in chemicals added for cooling tower except for total chromium and total zinc Compliance with the limitations for the 126 priority pollutants in 40 CFR Section 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 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 is authorized to discharge Maintenance Drain wastewater from the Cooling Tower for Unit 4 directly to the discharge canal Grab samples of the following parameters are to be collected prior to mixing with other waste streams and the results shall be submitted to DWQ. pH (SU), flow (MGD) and total residual chlorine (mg/L) The Permittee shall notify the Division of 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 Permit NC0003425 PART I WASTEWATER MONITORING, CONTROLS AND LIMITATIONS (effective February 1, 2003) Page 4 of 10 A. (4) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (006) During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 006 (Coal Pile Runoff Treatment System to the Hyco Reservoir). Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS Monthly Instantaneous Measurement Average Maximum Frequency MONITORING REQUIREMENTS Sample Sample Location Type Flow 2/Month Estimate Effluent Total Suspended Solids 50 m /L 2/Month Grab Effluent Acute Toxicit Annually Grab Effluent H' Weekly Grab Effluent Notes: 1 Effluent sampling shall be conducted 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. Acute Toxicity (Pimepha/es promelas, 24-hour) monitoring shall be performed in accordance with 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 a distance five (5) meters from the discharge pipe. Material storage runoff shall include rainfall to navigable waters through any discernable, confined and/or discrete conveyance from, or through, coal. Permit NC0003425 PART I WASTEWATER MONITORING, CONTROLS AND LIMITATIONS (effective February 1, 2003) Page 5 of 10 ' A. (5) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (008) During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from Internal Outfall 008 (Domestic Wastewater Treatment System to the ash pond). Such discharges shall be limited and monitored by the Permittee as specified below EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average DailyMeasurement Sample :]S Maximum Frequency Type ample Location Now U U15 M(3U Annual Hump Los Ettluent Biochemical Oxygen Demand (5 -day @ 20°C 30 0 m /L 45 0 m /L Annual Composite Effluent Total Suspended Solids 30 0 m /L 45 0 m /L Annual Composite Effluent Total Ammonia as N Annual Grab Effluent pH Annual Grab Effluent Notes: 1 Samples taken in compliance with the monitoring requirements listed above shall be taken after treatment and 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 See Special Condition A (16) Permit NC0003425 PART I WASTEWATER MONITORING, CONTROLS AND LIMITATIONS (effective February 1, 2003) Page 6 of 10 A. (6) EFFLUENT LIMITATIONS AND MONITORING REgUIREMENTS (009) During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from Internal Outfall 009 (Metal Cleaning Wastes to the ash pond) Such discharges shall be limited and monitored by the Permittee as specified below EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Locationt Flow Once per Discharge Event Pump Logs or similar reading Outfall 002 Total Suspended Solids 30 0 m /L 100 m /L Once per Discharge Event Grab Outfall 002 Oil and Grease 15 0 m /L 20 0 m /L Once per Discharge Event Grab Outfall 002 Total Copper 1 0 mg 1 0 nig/L Once per Dischar a Event Grab Outfall 002 Total Iron 1 0 mg/L 1 0 mg/L Once per Discharge Event Grab Outfall 002 Notes: 1 Samples taken in compliance with the monitoring requirements listed above shall be taken after ash pond treatment and prior to mixing with other sources of wastewater For the purposes of this permit, the term "Once per Discharge Event" shall mean the discharge from Outfall 002 that occurs within 30 minutes from the time the flyd-wl� ash containing metal cleaning waste is discharged into the ash pond plus the calculated detention time of the ash pond. ./'0Wb" M Permit NC0003425 PART I WASTEWATER MONITORING, CONTROLS AND LIMITATIONS (effective February 1, 2003) Page 7 of 10 SPECIAL CONDITIONS A (7). ACUTE TOXICITY TESTING PASS/FAIL PERMIT LINIIT (quarterly) 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 -July, 1992 or subsequent versions). The monitoring shall be performed as a Fathead Minnow (Plmephales 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 months 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: NC DENR / DWQ / Environmental Sciences Branch / Aquatic Toxicology Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made 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. 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 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 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 Permit NC0003425 PART I. WASTEWATER MONITORING, CONTROLS AND LIMITATIONS (effective February 1, 2003) Page 8 of 10 A. (8) Acute Toxicity Monitoring (ANNUAL) 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 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: NC DENR / DW'Q / Environmental Sciences Branch / Aquatic Toxicology Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 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 Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Quality 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. Should there be no discharge of flow from the facility during any month, 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. Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Quality 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 PART I immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (9) Intake Screen Backwash Condition Continued intake screen backwash discharge is permitted without limitations or monitoring requirements Permit NC0003425 PART I: WASTEWATER MONITORING, CONTROLS AND LIMITATIONS (effective February 1, 2003) Page 9 of 10 A. (10) 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 surface waters. Sources of such discharges may include, but are not limited to, materials storage area, in -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. A. (11) Temperature Requirements a. 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 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 c. Water 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 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) A. (12) 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 A. (13) 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 A. (14) PCB Prohibition There shall be no discharge of polychlorinated biphenyl compounds such as those commonly used for transformer fluid Permit NC0003425 PART I WASTEWATER MONITORING, CONTROLS AND LIMITATIONS (effective February 1, 2003) Page 10 of 10 A. (15) Limitations Reopener The 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 a 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 A. (16) Domestic Wastewater Treatment Plant The permittee shall at all times properly operate and maintain the domestic wastewater treatment plant to meet secondary standards as specified in Part A (5) PART I (continued) Section B. Schedule of Compliance 1. The pernuttee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2 Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1 Permit Issuing Authority The Director of the Division of Water Quality 2. DWO or "the Division" Means the Division of Water Quality, Department of Environment and Natural Resources 3. EMC Used herein means the North Carolina Environmental Management Commission 4 Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et seq 5 Mass /Day Measurements a. 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 tie 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 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 6 Concentration Measurement The "average monthly concentration," other than for fecal conform 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 duly 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 collectec during that calendar day The average monthly count for fecal cohform 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 Part II Page 2of11 6. 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 identified 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. 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 7 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 8. Tubes of Samples Composite Sample A composite sample shall consist of (1) 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 Part II Page 3of11 8 a (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 coLection 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 sys_ems 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 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. 9 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 p). Weighted by Flow Value Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows 10 Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day However, for purposes of this permit, ar_y consecutive 24-hour period that reasonably represents the calendar day may be used for sampling 11 Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act 12 Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act 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 reissuance, 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 Part I1 Page 4 of 11 1 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 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 5 143-215 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 I1 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 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 lulls, 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 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 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 invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby Part II Page5of11 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 permit 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 iss.le permits no later than 180 days prior to the expiration 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�natory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified 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 faciliry 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 Certification Any person signing a document under paragraphs a or b of this section shall make the following certification "I certify, under penalty of lav, 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 " Part I1 Page 6of11 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 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 143-2151 et. al 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facihty, 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 of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 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 certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A NCAC Chapter 8G 0200 The ORC of the facility must visit each Class I facility at least weekly and each Class II, 111, 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, NCAC Chapter 8G 0200 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 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 intentional 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 J Part II Page 7 of 11 4. 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 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 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 c. 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 (3) 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 Paragraph d 0) 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 maintenance, or careless or improper 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. 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 thz 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 II, 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 Part II Page 8 of 11 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 143-2151 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 15A NCAC 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 Samphng 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 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 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 (DWQ No MR 1, 11, 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 Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 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 Part II Page 9of11 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(8), 33 USC 1314, of the Fede --al 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 otherwise 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 Penalties for Tampering The Clean Water Act 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. 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 apphcation 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 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 upon the permittee's prem-ses 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 Clean Water Act, any substances or parameters at any location Part II Page 10 of 11 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 thus permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit 2. Planned Chanes 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). c. 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 noncompliance 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 reissuance of the permittee and incorporate such other requirements as may be necessary under the 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 Twenty-four Hour Reporting a 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 shallalso 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 Part II Page 11 of 11 6 b. The following shall be included as information that must be reported within 24 hours under this paragraph (1) Any unanticipated bypass that 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. b Any process unit failure, due to kr_own 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 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 occurr--nce 10. Availabihty 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 confidential Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-2151 (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 PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued B Groundwater Monitorine The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards 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: 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 000 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-dimtrophenol, and one milligram per liter (1 mg/L) 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 µg/L), (2) One milligram per liter (l mg/L) for antimony, (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D Requirement to Evaluate Alternatives to Wastewater Discharges If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A 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.