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HomeMy WebLinkAboutNC0004308_Fact Sheet_20190702DEQ/DWR AMENDED FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NC0004508 Facility Information Applicant/Facility Name: Badin Business Park LLC, (formerly Alcoa Inc.) Applicant Address: PO Box 576, Badin, NC 28009 Facility Address: NC Hwy 740 & NCSR 1719, Badin NC Permitted Flow: N/A Type of Waste: Stormwater, jZoundwater and fire protection water Facility/Permit Status: Inactive Industrial Site/Permit Modification County: Stanl Miscellaneous Receiving Streams: Badin Lake UT Little Mountain Creek Stream Classification: WS-IV B CA (Badin Lake) WS-1V (UT Little Mountain Creek 303 d Listed? Yes Re final Office: Mooresville HUC: 03040103/03040104 Permit Writer: Qais Banihani State Grid / USGS Quad: F18NE, F18NW Badin & New London, NC Date: 07/02/2019 SITMMARY A final NPDES permit was issued for Badin Business Park on September 29, 2017. The final permit was contested by the permittee and by Concern Citizens of West Badin Community. This draft permit is the result of negotiations between all parties and includes permit modifications as listed in the settlement agreement. RECEIVING STREAMS Outfalls 002, 011, 012, 013, 020, and 019 discharge to Badin Lake, classified WS-IV, B, CA waters in the Yadkin -Pee Dee River Basin, HUC 03040103. Outfalls 004, 005, 017, 018, and 022 discharge to a UT of Little Mountain Creek classified as WS-IV waters in the Lake Tillery — Pee Dee River watershed, HUC 03040104. OUTFALLS DESCRIPTION Outfall ID Outfall Description Receiving Stream 002 Stormwater Badin Lake 004 Stormwater UT to Little Mountain Creek . UT to Little Mountain Creek 005 Groundwater, stormwater and fire protection water Oil Overflow from outfall 012 Badin Lake 012 diffuserprotection Groundwater, stormwater and fire water Badin Lake 013 Stormwater, spring water and groundwater Badin Lake 017 Stormwater UT to Little Mountain Creek O18 1 Stormwater UT to Little Mountain Creek NC0004308 Fact Sheet Page 1 of 4 Pond overflow from the landfill cover drainage system collection pond. (No 019 contact with the landfill material) Badin Lake 020 Stormwater Badin Lake 022 Stormwater UT to Little Mountain Creek MODIFICATIONS/CHANGES TO 2017 FINAL PERMIT PURSUANT TO THE TERMS OF THE SETTLEMENT AGREEMENT: 1. Outfalls 018 and 022 were moved to the stormwater section. These two outfalls are stormwater outfalls collecting surface runoff from the Alcoa-Badin Landfill. The outfalls will be sampled according to the stormwater sampling protocol. 2. As a condition of the settlement agreement a language was added to A. (5.) for outfall 019 (section A. (6.) in Final Permit) stating that" If no parameters are detected during the permit cycle this outfall may be removed from the permit after a public notice process and consideration of public comments". 3. A footnote was included in section A. (L) for outfall 005 stating that "The Division shall consider all effluent TRC values reported below 50 µg/ L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L". 4. The Permittee completed Priority Pollutant Analyses (PPAs) which were received on September 6, 2019 for outfalls 005, 012, 013, 018, and 022 as required in the final permit. No PPA was completed for outfall 011 due to the fact that it is the overflow for outfall 012. No parameters were detected in the pollutant scans except a detection for cyanide for outfall 012 which is within permit limits. Therefore, special condition A. (9), Priority Pollutant Analysis, was removed from the final permit. 5. As a condition of the settlement agreement between Concerned Citizens and Badin Park, Badin Park agreed to conduct a PPPA within a year of signing the agreement for either outfall 002 or outfall 004. The Permittee completed the PPA for outfall 004 which was received on March 18, 2019. No parameter was detected in the pollutant scan except Fluoride which is within the permit limit. 6. Per settlement agreement, Outfall coordinates were revised as follow: Outfall Latitude Longitude 002 350 24' 29.89" 800 6' 54.48" 004 350 24' 11.58" 800 7' 11.38" 005 350 24' 9.25" 800 7' 14.73" Oil 350 24' 42.59" 800 6' 53.49" 012 350 24' 43.13" 800 6' 50.04" 013 350 24' 50.78" 800 6' 59.26" 017 350 24' 9.04" 800 7' 14.75" 018 350 24' 12.64" 800 7' 34.48" 019 350 24' 46.88" 800 6' 16.53" 020 350 24' 31.45" 800 6' 57.02" 022 350 24' 7.45" 800 7' 23.99" 7. The special condition describing instream monitoring requirements was removed from the permit. The sampling described in the special condition will be performed under the approved Investigative NC0004308 Fact Sheet Page 2 of 4 Work Plan for the Phase 4 and 5 Corrective Measures Study, Alcoa/Badin Landfill, and Former Ball Field approved by the Division of Waste Management on January 31, 2018. A Cormix dilution model was completed for outfall 012 and limits were implemented based on the resulting dilution. Model setup: The existing discharge structure consists of a 2-inch pipe, extending 300 feet from shore terminating in a 1.5-inch single port, oriented upward. The outlet is 18 in from the bottom of the lake. Average depth at the discharge location is 21 ft. To estimate the discharge, rate pump records were examined. There are two pumps that can operate to pump the collected water. Usually only one pump operates, the second pump operates in periods of heavy rainfall. The model was run conservatively using the flow for two pumps running. With one pump running, the rate of discharge is 35 gpm (0.05 mgd). With two pumps running, the discharge is 42 gpm (0.06 mgd). Although the discharge is not continuous the model is run as a continuous discharge, which is a conservative approach. Both summer and winter conditions were evaluated. Since there is minimum water movement in the lake, a minimum ambient velocity of 0.01 m/s (0.032 ft/s) was assumed. Results: The difference in temperature in summer and winter resulted in two different flow regimes. In the summer the lake is stratified and the plume does not reach the surface. In the winter the plume rises to the surface. Water quality samples were obtained for cyanide, fluoride and TCE for background characterization. Values were less than detection in the background samples outside of the mixing zone. Acute dilution: EPA guidance in the Technical Support Document was followed to determine the size of the acute mixing zone. The most restrictive condition from the following conditions determines the distance to meet the acute standard: Meet the acute criterion at the most restrictive of the following conditions: (a.) 10% of the distance from the outfall structure to the regulatory mixing zone (b) 50 times the discharge length scale in any special direction (c.) 5 times the local water depth in any horizontal direction from any discharge outlet. The most restrictive condition above is b. resulting in a distance of 1.69 in. Summer and winter simulation gave similar results. The design of the diffuser is pointing vertically up, so the trajectory of the plume is vertical in the first few meters. For both summer and winter simulations the plume is still vertically rising at 1.69 meters without much horizontal spreading. NC0004308 Fact Sheet Page 3 of 4 Acute Allowable Concentrations Distance from outfall Plume direction Dilution IWC Daily Max 1.69 in (5.5 ft) Vertical (z) 6.12 16 % Cyanide 285 µg/1 Fluoride 146 mg/l TCE* 121 x 1.5 = 181.5 µg/l *TCE — as recommended by the EPA the daily max for TCE is calculated by multiplying the monthly average limit by 1.5. Chronic dilution: The chronic mixing zone is established on a case by case basis. The Division proposes to establish a mixing zone with a radius of 5.6 in from the diffuser. The direction of flow in the lake can vary due to wind or seasonal variations in flow; therefore, the plume can travel in different directions. The end of the near field region will be the basis for chronic mixing zone because this is the area where the mixing is dominated by the initial momentum imparted by the outfall geometry. Mixing beyond this point is controlled by ambient conditions. The assumed ambient velocity was not field verified; therefore, the near field will be used to establish the chronic mixing zone. Chronic Allowable Concentrations Distance from outfall Plume direction Dilution IWC Monthly Average 5.6 in (18 ft) Horizontal (x) 48.4 2% Cvanide 242 l Fluoride 87 mg/1 TCE 121 /l Proposed Limits — Outfall 012 Effluent Parameter Monthly Average Daily Maximum Total Cyanide 242 1 285 ILg1l TCE 121 1 181.5 1 Instream Sampling: Sampling should be established outside of the boundary of the mixing zone at the surface and at depth of approximately 3.5 meters. Three sampling location outside of the mixing zone are proposed: 20 feet from the diffuser on a parallel line projected from the diffuser, 20 feet from the diffuser on a perpendicular line projected from the diffuser (oriented SE) and 20 feet from the diffuser on a perpendicular line projected from the diffuser (oriented NW). PUBLIC NOTICE SCHEDULE: Permit to Public Notice: May 16, 2019 The Division will receive comments for a period of 30 days following the publication date of the public notice. Any request for a public hearing shall be submitted to the Director within the 30 days comment period indicating the interest of the party filing such request and the reasons why a hearing is warranted. An electronic copy of the draft permit was sent to US EPA Region 4, Mooresville Regional Office, Wastewater Operator Certification Group, Aquatic Toxicology Branch, Public Water Supply Regional Engineer, Hazardous Waste Section and Stormwater Section/ DEMLR. No comments were received. NC0004308 Fact Sheet Page 4 of 4 ROY COOPER Governor MICHAEL S. REGAN seaw-Y LINDA CULPEPPER Mredor MEMORANDUM NORTH Qra ft May 16, 2019 To: Clinton Cook NC DEQ / DWR / PWS Regional Engineer Mooresville Regional Office From: Qais Banihani 919-707-3607 NPDES Unit Subject: Review of Draft NPDES Permit NC0004308 Badin Business Park LLC Stanly County Please indicate below your agency's position or viewpoint on the draft permit and return this form by June 15, 2019. If you have any questions on the draft permit, please feel free to contact me at the telephone number shown above. RESPONSE: (Check one) ]}� Concur with the issuance of this permit provided the facility is operated and maintained V `1 properly, the stated effluent limits are met prior to discharge, and the discharge does not contravene the designated water quality standards. 0 Concurs with issuance of the above permit, provided the following conditions are met: 1-1 Opposes the issuance of the above permit, based on reasons stated below, or attached: 14Nth Camb aDepartroMt -(6mq onart-real I Dla "ofWaterRemams NarthS*ft"Street 176r/Mafl&VvJceCkntw I Korth ZM9-1617 919.707.3601 Signed Date: 5/20 l20 l Page 2 of 2 Eli v C7 0 C m - �p W .4 S CD, JD -4 ID y q = M -n C O In a 3 w c o D N o o> m 0 n v w ° A I UJ Q Q a 7 w a a ° a z m(D V 0 2 S o m< —7 �• Q W 3 y' m � ;. 0 m a s o m 3 01 o Ce m m to A � � O f II �+ti r Z Z O 0! 15 I ! D M 1 ri I° rn �+ O -V IA D y Z IZ - " 3 fn 60 n = ' '� = ICI_' � N N N N IO oho N 4h. �� R O O Ir �D z0 CZ,W I c IS. D N O Im m co �E1> f l+ll 'a TIV V I M M-0 M If T� a o "o M a M y m m m m m m m m m m m A W N O t0 OD V Of N A W N -� O 100 Oae V C i0i1 A w N a c7 1-�� n S w m -i N m Z {j Z `'[ r- =� S 3 , 2 3 a a F a? w ➢ (.) m m - o = m 4 m m E �r O n 3 0 < _ 3 n 3 Q F z m a REASONABLE POTENTIAL ANALYSIS Pall 'ECIAL ifae `P+UTE SPEG :oar- Copper vaJUVs' � 'cof fats . Maximum data points - $E Date Data BDL=1/2DL Results 1 Sid Dev. NO DATA 2 Mean NO DATA 3 C.V. NO DATA 4 n 0 5 6 Mult Factor = N/A Ng/L 7 Max. Value N/A ug/L Ng/L 8 Max. Pred Cw N/A ugA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Par12 Wo'PASTE SF r Cyanide Val °1, "1 A •, w'Rai Imum < poiYd9 . 6 _ Date Data BDL=1/2DL Results 1 88. 88 Std Dev. _ 5a.5180 2 130. 130 Mean 58.78 3 110. 110 C.V. 0.9104 4 79. 79 n 51 5 120. 120 6 80. 80 Mult Factor = 1.05 7 36. 36 Max. Value 280.0 8 30. 30 Max. Pred Cw 294.0 9 150. 150 10 68. 68 11 31. 31 12 37. 37 13 38. 38 14 45. 45 15 15. 15 16 21. 21 17 41. 41 18 17. 17 19 12. 12 20 < 5. 5 21 14 14 22 5 5 23 41 41 24 30 30 25 89 89 26 45 45 27 41 41 28 52 52 29 37 37 30 72 72 31 68 68 32 54 54 33 51 51 34 48 48 35 41 41 36 36 36 37 44 44 38 37 37 39 40 40 40 < 5 5 41 10 10 42 250 250 43 5.9 5 44 280 280 45 120 120 46 52 52 47 49 49 48 58 58 49 59 59 50 51 51 51 61 61 52 53 54 55 56 57 58 -7- RPA 012 chronic dilution cormix, data 6/27/2019 REASONABLE POTENTIAL ANALYSIS Par13 Par14 Use'PASt SF Fluoride 'Gorr Lead Wwos" rAn -: dsrs aaaram� r Sb 70.83377 poensa - ! Date Data BDL=1/2DL Results Date BDL=112DL Results 1 3.7 3.7 Std Dev. 1 Std Dev. NO DATA 2 7.9 7.9 Mean 2 Mean NO DATA 3 2.7 2.7 C.V. 3 C.V. NO DATA 4 11. 11 n 4 n 0 5 22. 22 56 6. 6 MuttFactor = 6 Mult Factor = N/A ug/L 7 14. 14 Max. Value mg/l 7 Max. Value NIA ug/L 8 11. 11 Max. Fred Cw mg/I 8 Max. Pred Cw NIA 9 9.7 9.7 9 10 7. 7 10 11 16. 16 11 12 29 29 12 13 7.6 7.6 13 14 11 11 14 15 4.1 4.1 15 16 4.1 4.1 16 17 7 7 17 18 5.4 5.4 18 19 4.9 4.9 19 20 4.8 4.8 20 21 2.3 2.3 21 22 5.5 5.5 22 23 16 16 23 24 25 25 24 25 6.1 6.1 25 26 3.3 3.3 26 27 7.3 7.3 27 28 2.4 2.4 28 29 5.2 5.2 29 30 3.3 3.3 30 31 3.9 3.9 31 32 3.4 3.4 32 33 4.3 4.3 33 34 3.7 3.7 34 35 15 15 35 36 11 11 36 37 36 36 37 38 22 22 38 39 39 40 40 41 41 42 42 43 43 44 44 45 45 46 46 47 47 48 48 49 49 50 50 51 51 52 52 53 53 54 54 55 55 56 56 57 57 58 58 RPA 012 chronic dilution cwrmix, data - 8 - 6/27/2019 m w A -4 O A A A s 3 o d a S m a a c' m 3 3 o ti a 3 3 m m c c X cc 3 7 w G C. m 0 n n A 0 n CZ1 n A A .'� M m 0 0 n O O a `^ O O p ca a a a z C C D 0 0 0 0 0 0 0 o tRor z 0 0 o 0 o W o 14. 0. mm v � a -4 w 0 m a a LA g G X Y co a POL r TQ- UNITS r r r r r 0 0 0 0 0 o O o o p 0 0 0 0 0 0 0 0 o d � Z U z z z z z z a a a a a a a a a p m 0 m I I I I I I I Ia onl a �n�nnn wz a �I Ia 0.I jJ > m Po 1 ialIl a� lI II 1 'O wII � 00 I I I I I I I I I I I I I I I I I I 70 I I I I I I I I I O I I I I I I I I I m I I I I I I I I I z m I I I I I I I I I o I I I I I I I I I z I I I I I I I I I I I I I I I I I I o 46 w ca CDC H OO 7 e� N a � 00 � 8SJ w O p ss 0 Go a I0A'R n A A C A ni 11 II II II II II � Z.A -AZ p OISisisWOo ty u► S CaaaaIDCD Z 3 a a x D z 0 0 G) C) IIIi9 r r r r r a a a a Z 0 0 0 0 m m m m m co co °o m m m m A f010mm 40000 N m 9 a m d mm x Mz a a 'm w m A r m z A t0 m a C m Q v` D0 D° IV 0 03 k Z a M CO) A �I CM fA 3 ty w M a O N a s o x co03 N W w W Z Z 3 o '< r o m C 3 l> IC sr 7 c Q m G'CL ' W v W 3 n Z n Z n Z n Z n Z n 2 C'1 2 0 Z n Z n Z A Z n 7 o z ztj 1 z W q G a A m J J A J A J O J J 10 10 c A a A O O O O O O O O O O O v v v v v O O O O O G G a d C7 N 1 C7 O a a a a a a d o N r: co n e � •F a n a g �a C a co oe •/ O O O O O O O O O 000 Q. O O O O O O O O O 000 CD C N 3 C G O C F O C, I of zo nl n NI n NI ..I �I �I �I �I n �I ll a NI �1 � I I I I f I i I I I I I i I I I I I i I I I I I i I t I I I i I I I I 1 i I I t I I i I I I I I i I I I I I i 1 I I I I i I I I I I i I I I f I t I I I I I 1 A s T m 0 m w 0 w , T . z a zc i am m m iOR - a d ,m3 a ° 3 0 .0o m N » m CL Fv Le- .13 3 a; 3 0 w' T n 9 rr s 'g �' 3 N m O. a o N n o' v m y = w m 3 0 ^+ SL n m C� c ° c .°. 3 y •`" N m m a $' Z u a ^' d 3 m d a» o s .�. N g �° n e A $ ve�i e�i m a i f, ' o m w n N a t g OFer I d ocr a '� T 7 0• 'o_ m o n E m a= '^ dT' ° i� nn+i 2 -' o m 3'. m _ d O' w$ N �^ m g •'• c aT 3 n n 3 m a oT �n �' c D T 2' m m' a m w n d m 3 m ^ m ° y ao�.'"° xo. e sm 3 A -0 o3 3 �'°c r» aD^'3 Sm` m 8 �' cYn m c o a as CAC F g ^ D_d °-' x �� �o� QNS� $ m w d L' O m b m d. in A> N° p R^ 1 a b m rji A 4 9 S 0 4 w ,�8. m' o .m. z m 'x°a m m m e 4 R 3 o .Y o = d n o °NN o _ a $ f0^t s a s R w S n r G m m C a N d ry ^' m m m d 3 p N? N O f q C m m =. o p3o\ m^ p m vr $ x x n s7e. Enlc 3 3';gg: �'l .3 a mr'6�a & g m x• a �3 nor aa8 �cc U04m a?g> z v a mg mmm D,- f is mmlm ztM�a IRW � P�Ya� e oZ 0Z 0Zi0Zf+I �Z Z�. nK 0�002g� O 600 -600 D_D ?� IX ## klI zzl zzz z'zz_.s� Y 000 3-DlDlg 000 gf D�' _ a � f a � 3 Q i sOciafes Ltd. webr resource J epvKallmAoltJ carat TECHNICAL MEMORANDUM DATE: April 5, 2018 3 Innwood Circle, Suite 220- Little Rock, AR 72211- (501) 225-7779- Fax (501) 225-6738 TO: Ms. Robyn Gross Badin Business Park LLC FROM: Philip Massirer t ''" FTN Associates, Ltd. SUBJECT: Study Plan for Badin Park Outfal1012 Mixing Zone Analysis FTN No. R06010-1805-001 1.0 INTRODUCTION This document outlines the proposed approach for developing an updated mixing zone analysis for Outfall 012 at the Badin Business Park (`Kadin Park") facility as required in Special Condition C(7)(a) of the facility's National Pollutant Discharge Elimination System (NPDES) permit (NC0004308) that was issued September 29, 2017. This analysis is required to address current discharge rates, background concentrations in the receiving water, and other relevant factors. 2.0 BACKGROUND INFORMATION Badin Business Park LLC (`BBP") owns a facility located in Badin, NC that operated as an aluminum smelter facility until it ceased operations in July 2007. Although process water is no longer generated at the site, the 2017 NPDES permit authorizes the discharge of fire protection waters, groundwater, and stormwater through Outfall 012. Outfall 012 discharges into a cove of Badin Lake (see Figure 1). Water to be discharged is collected in a sump and then pumped through a 2 inch pipe to a single port diffuser approximately 300 ft from the shoreline near the bottom of the water column (see Figure 2). The diffuser consists of a single 1.5 inch diameter port that points upward, extending 18 inches above the pipeline (see Figure 3). At normal lake level, the water is approximately 21 ft deep at the diffuser location. Water is normally pumped out of the sump and to the diffuser at a rate of 35 gpm, except during large or intense storms when both pumps are activated, which increases the total pumping rate to 42 gpm. During non -storm conditions, water enters the sump at a rate that is typically less than 1 gpm. Therefore, pumping to the diffuser during non storm conditions is iptermittent, with each short period of pumping followed by a long period without pumping. Ms. Robyn Gross April 5, 2018 Page 2 Figure 1. Location of the Badin Park facility and Outfall 012. Ms. Robyn Gross April 5, 2018 Page 3 312't 300' SUMPII IJ COVE OF BADIN LAKE +++ 2" PIPE N SINGLE PORT DIFFUSER— 00 POINTED UPWARD 1.5" DIAMETER Figure 2. General layout of sump, pipeline, and diffuser for Out fall 012. Figure 3. Photograph of diffuser prior to installation in cove of Badin Lake. Ms. Robyn Gross April 5, 2018 Page 4 In the Badin Park facility's 2017 NPDES permit, the effluent limits for Outfall 012 are based on critical dilutions of 26:1 (instream waste concentration of 3.8%) to .protect from chronic toxicity and 14:1 (instream waste concentration of 7.0%) to protect from acute toxicity. According to a Fact Sheet dated October 6, 2015, these dilutions were based on CORMIX modeling developed in 1994 (i.e., before operations ceased at the facility) by the North Carolina Department of Environmental Quality (NCDEQ) Division of Water Resources (DWR). Due to the current absence of process water, Outfall 012 generally discharges less water now than when the DWR developed its CORMIX modeling. 3.0 PROPOSED APPROACH FOR MIXING ZONE ANALYSIS The first task for the mixing zone analysis will be to characterize critical conditions for mixing of the Outfall 012 discharge into the cove of Badin Lake. Available effluent flow data for Outfall 012 will be compiled and reviewed, along with relevant information for the sump and its pumps. This information will be used to estimate the duration of the pumping / non -pumping cycle at the sump under different hydrologic conditions. The CORMIX model will be considered for use in this mixing zone analysis, but it may not be appropriate because it is a steady state model that assumes a continuous discharge. An alternative that will be considered is using the three-dimensional advective dispersion equation to calculate dilution ratios at varying distances from the diffuser over time as a result of multiple (repetitive). instantaneous slugs of effluent over a specified duration of time. The selection of a specific method(s) for calculating dilution will depend on the duration of the pumping / non -pumping cycle and the calculated length of time that it takes to reach steady state conditions in the mixing zone. Water samples will be collected in the Badin Lake cove approximately 800 ft away from the diffuser at mid -depth (for background conditions), approximately 55 ft from the diffuser at mid -depth, and at MZL Each sample will be analyzed for total cyanide, total fluoride, trichloroethylene, and pH. Sampling location MZ1 is defined in the 2017 NPDES permit as "5 feet from the diffuser on a parallel line projected from the diffuser", which is being interpreted by BBP as 5 ft directly above the diffuser. Sampling results from location MZ1 and from the sampling location 55 ft from the diffuser will be compared with predicted dilution values to make sure the predicted values are reasonable. The size of the mixing zone will be based on guidance in Section 4.3.3 of EPA's Technical Support Document for Water Quality -Based Toxics Control, dated March 1991 (EPA/505/2-90-001). This guidance provides several alternatives for determining the size of a mixing zone. One of those alternatives states that criteria for acute toxicity should be met within the following distance from the discharge point (whichever is most restrictive): 10 percent of the distance from the outfall to the edge of the mixing zone, 50 times the discharge length scale (discharge length scale is defined as the square root of the cross -sectional area of the discharge port), or 5 times the local water depth. Ms. Robyn Gross April 5, 2018 Page 5 With a local water depth of 21 ft and a discharge port diameter of 1.5 inches, this guidance results in a requirement to meet criteria related to acute toxicity at a distance of 5.5 ft from the diffuser. Combining this with the requirement in the first bullet, the edge of the mixing zone (where criteria related to chronic toxicity must be met) will be 55 ft from the diffuser. The results of the mixing zone analysis will be documented in a technical memorandum or report that includes the data and information that were used, the characterization of critical conditions, the assumptions and inputs to the modeling/calculations, and the results. If you have any questions regarding this technical memorandum, or require any additional information, please do not hesitate to contact me or Nathan Siria at (501) 225-7779. PHM/dlc R:IWP,FILESW6010-1805-0011CORRESPONDENCEITM-R GROSS 2018-04-051TM•R GROSS STUDY PLAN FOR BADIN MIXING 2018-04-05 DOCXA�g9 Fluoride: An Overview of North Carolina's Standard Development - March 2001 Introduction North Carolina's current fluoride surface water quality standard of 1.8 mg/L was adopted in 1979. This standard has been applied to several mine discharges in the Appalachian Mountains especially along the North Toe River near Spruce Pine. Fluoride in the form of hydrofluoric acid is used to separate feldspar from mica. Other actual and potential sources of fluoride pollution include aluminum and phosphate fertilizer manufacturing and uranium processing. Recently the origins of the fluoride standard have been questioned. This report reviews the development and subsequent review of the fluoride standard, as well as provides additional information on fluoride uses and background concentrations. Chemistry & Occurrence in Surface Waters The term fluoride properly refers to numerous natural and synthesized compounds that are derived from hydrofluoric acid. This class of chemicals is commonly referred to as fluorides. Some of these compounds, such as oxygen difluoride, are very reactive and highly toxic. Fluoride salts, such as sodium fluoride and calcium fluoride, are much less reactive and much less toxic. Numerous different fluoride compounds exist naturally in the environment and have varying chemical properties. However, the fluoride ion is the toxicologically active agent within this group of compounds. Most literature on fluoride toxicity concerns sodium fluoride. Additional toxicity literature is available on some other forms of fluoride, such as stannous fluoride. Fluoride has a low bioaccumulative potential that is reflected in its relatively high acute:chronic ratio,(20). Bioaccumulation in carp has been reported to range from 9 o 32 L/kg and in molluscs the ranges are from 11 to 85 L/kg. Bioaccumulation factors greater than 100 L/kg are considered to be of concern. Most fluoride enters the bones or skin where it is relatively inaccessible and unavailable to the organism and to other organisms that may eat the organism. Natural background levels of fluoride are low in North Carolina waters. Simmons and Heath' studied water quality in undisturbed streams throughout the state to characterize background concentrations of various elements. Fluoride concentrations ranged from <0.1 (detection level) to 0.5 mg/L with mean values ranging from <0.1 to 0.2 mg/L around the state. An "average" background level of about 0.1 mg/L was indicated and no differences were apparent among different regions of the state. There is some data that indicates that hardness may have an impact on the toxicity of the fluoride ion2; however it is insufficient to develop a hardness -based standard for fluoride. A quick literature search in 2001 did not provide sufficient additional data to allow recalculation of the standard based on use of EPA's standard aquatic life or hardness equation. The search found nine research papers related to fluoride toxicity. Data from those papers has not been reviewed for acceptability per EPA guidance. However, the reported LC50s and EC5os were at or slightly lower than the ranges found by the Division in 1986. Uses In North Carolina, the freshwater fluoride standard has been applied to several mine discharges in the mountains. These mines use hydrofluoric acid to separate feldspar from mica. The impact of their discharges on fluoride concentrations, sediment and pH has been a concern. Fluorides are also used in the microelectronics industry, aluminum and phosphate fertilizer manufacturing and uranium processing. Standard Development The current standard of 1.8 mg/L was developed in 1977 using an acute:chronic ratio of 20 and a final acute values (FAV) of 36.1 mg/L. The FAV was modified to protect rainbow trout. In 1986, the Division reviewed the fluoride '(F) standard.3 At that time, a total of 81 references on the freshwater toxicity of fluoride were located. Acutely toxic levels (96-hr LC50's) at water hardness of 1.7 to 200 mg/1 as CaCO3 ranged from 925 mg/L F (Gambusia afnis) to 20 mg/L F (brown trout fry). Based on available data at that time, the final acute value would have been 15.6 mg/L F with trout and 47.9 m F without trout and the acute:chronic ratio would be between 4 to 2. The resultant standards would have been between 3.9 and 7.8 mg/L F for trout waters and 12 and 24 mg/L F for non -trout waters. These values were considered to be approximations due to a lack of acute data (three additional species were needed to meet EPA guide1 1 4). These findings were presented to EPA for their review. Based on the guidelines for deriving water quality criteria, EPA indicated that in order to modify the standard five additional studies (four acute and one chronic) were necessary. After taking into consideration EPA's response, the Division decided to keep the 1.8 mg/L standard until more chronic (and selected acute) data became available. Another review conducted by Shealy Environmental Services5 for Feldspar Corporation, Indusmiri, Inc., and Unimin Corporation made the same recommendation based on the need for additional toxicity and environmental data. Current Research As noted in the Chemistry discussion, a quick literature search resulted in some additional data. A study by Camargo and La Point (1995)6 presented 96 hr LC50S for five net -spinning caddisflies. The data presented for the caddisflies would have resulted in two additional genus mean FAVs of 24.8 and 38.3 mg/L. While there still appears to be insufficient data to recalculate the fluoride standard per EPA guidance, these FAVs, if used to recalculate the standard, would have resulted in an FAV of 14 mg/L. This value is close to the 15.6 mg/L used for the original calculations. This review should not be considered sufficient to determine if recalculation of the fluoride standard is warranted. It is only intended to provide a more current perspective on the standard. ' Simmons, CE and RC Heath. 1982. Water -quality characteristics of streams in forested and rural areas of North Carolina. Geological Survey Water -Supply Paper 2185. USGS, Raleigh, NC. 2 Division of Environmental Management. 1986. North Carolina Water Quality Standards Documentation: Toxicity of Fluoride to Freshwater Biota. Report No. 86-01. 3 Ibid. 4 EPA. 1985. Guidelines for Deriving Numerical National Water Quality Criteria for the Protection of Aquatic 5 Shealy Environmental Services, Inc. 1987. Toxicity of fluoride to selected freshwater organisms with recommendations on fluoride water quality criteria for the state of North Carolina. Columbia, South Carolina. 6 Camargo, JA and TW La Point. 1995. Fluoride toxicity to aquatic life: A proposal of safe concentrations for five species of palearctic freshwater invertebrates. Arch. Environ. Contam. Toxicol. 29(2):159-163. Division of Water Quality Planning Section Date: 8/1/2007 To: Connie Brower From: Nikki Remington RE: Fluoride standard re -calculation The current North Carolina surface water standard for the protection of aquatic life from Fluoride toxicity is 1.8 mg/L. This standard was adopted by the state in 1979. The Fluoride standard was recalculated in September of 2006 in order to account for new data sources that had become available. The recalculated value for the Fluoride standard was determined to be 0.63 mg/L. This value was never adopted as it was determined that additional data was needed to fulfill the requirements set forth in the EPA's document "Guidelines for Deriving Numerical Water Quality Criteria for the Protection of Aquatic Organisms and Their Uses" (Stephan et al., 1985). After reviewing the Fluoride data used in the 2006 calculation I determined another recalculation was needed, as new sources of data on Fluoride toxicity were again available. The 2006 Fluoride recalculation was based on data gathered from ECOTOX and three other supplementary sources, including a NCDEM Report and two peer reviewed journal articles. All of these sources were utilized in the current recalculation with some adjustments made to account for changes in data availability and interpretation. Currently, ECOTOX has removed some of the data used in the 2006 calculation from the database and new sources have also been added. Data from 2006 that no longer appears on ECOTOX was not included in the new recalculation. New ECOTOX sources were added to the calculation if they were deemed appropriate. Data from the NCDEM report and journal articles was also used in the calculation when applicable. Some species were removed from the 2006 data set (such as the Mayfly and Midge, which both had data derived from toxicity tests that didn't meet the federal guidelines for standards development) while other species were added (such as the caddisfly, Cheumatopsyche pettiti, which was originally determined to be a European species but was found to actually have populations throughout North America). After making the adjustments to the 2006 data set that I thought would best fulfill the requirements for aquatic life standards development as set forth in the federal guidelines, I calculated the new Fluoride standard value to be 0.695 mg/L for the protection of freshwater aquatic life. However, there is still a need for finh&-dra sources to fully comply with the data requirements as they are stated in the federal guidelines. Specifically, acute -chronic ratios are needed for three different families of aquatic organisms, including a fish, an invertebrate and another family that has been shown to be acutely sensitive to Fluoride. Currently a default safety factor of 0.05 has been used as a substitute for these needed ratios. Until these additional acute and chronic studies have been conducted, it would appear to be reasonable for North Carolina to maintain it's current Fluoride freshwater aquatic life "standard of 1.8 mg/L (although it should be noted that the current standard may be slightly underprotective of aquatic life based on the existing data). V l - -- Current gecalcu a Water Quality standards Used for 1986 North Carolina Ltefereuees ement (DE ort No. 86-01. 1 uor Division of Environmentaloxicity. of Fluo de to Freshwater Biota• ep Endangered Unionid Mussel, Documentation. T o Fluoride to the To col. 74:242 er. 2005. Toxicity f Bull. Environ. Contam T Augspan ate Species. Ater d d Surrogate Keller, A•E• an eneliana � Alasmidonta rav 'Aqueous and Sediment -Associated Fluoride to res 2003. Toxicity o et al. 22(1): 161-166. Brungs• 1985, Guidelines Metcalfe -Smith Toxicol. Chen' Chapman and W.A. organisms and organisms- Env Gentile, Gentile, G.A.A uatic org J ganse% J•H• or the ProtecTi gfoeldgVA. D.I. Mount, D ality Criteria f Stephan, C.E., ation Service, Sp stem• r Deriving NumericalN ati o Water Inform Database Sy .for 85-2270 COTOXicology Their Uses. PB 2006. ECOTOX User Guide' mental Agency- Accessed July enrol Protection epa govlecotoxl [ LJ S. Environm Version 4.0• Available: http: 2 m ci a r u u " �> c Y m 4� CD Dal rn � 11 C n O ri U Uri O VOi �0 0�0 OG o 0o J w w N 00 r r .I e z C � b 0 4 (^-, II M �. Cz L� II OF > y y v A y N C 0 O N vi �N C A !e O � •p � D. O �, O A 6 A p• X O E' v p W N a V N W W p VWi O p lA w N 0 'D p W W p A O V O 'D W O O W p O 00 CD �O it p p to 00 Oo W �D C A O1"' pi to _ v Qi B p 0 O O .�..V�i N CDp W O U O O b O m �D 00 V U W r = 7 z e STATE OF NORTH CAROLINA Concerned Citizens of West Badin Community, Petitioner, V. North Carolina Department of Environmental Quality, Division of Water Resources, Respondent. IN THE OFFICE OF ADMINISTRATIVE HEARINGS 17 EHR 07296 County of Stanly Badin Business Park LLC, ) Petitioner, ) V. ) 17 EHR 07316 County of Wake Division of Water Resources, North Carolina ) Department of Environmental Quality, ) Respondent. ) SETTLEMENT AGREEMENT Petitioner Badin Business Park LLC (`Kadin Park' ), Petitioner Concerned Citizens of West Badin Community ("Concerned Citizens"), and Respondent North Carolina Department of Environmental Quality, Division of Water Resources ("DWR" or "Respondent") (collectively the "Parties") hereby enter into this Settlement Agreement ("Agreement") in order to resolve matters in controversy between them pursuant to N.C. Gen. Stat. § 150B-31(b). 1 RECITALS 1. These consolidated matters arose out of DWR's issuance of NPDES wastewater discharge permit renewal number NC0004308 ("Permit') to Badin Park on September 29, 2017. 2. The Permit authorizes the discharge of contaminated groundwater, stormwater, and fire protection water from Badin Park's facility located at NC Hwy. 740 & NCSR 1719, Stanly County, NC (`Kadin Business Park'). The Badin Business Park, formerly Alcoa Badin Works, in Stanly County is an inactive industrial site that was once the location of an aluminum smelting plant that operated between 1916 and 2002. Badin Park is redeveloping the property for future industrial uses. 3. Although industrial operations have ceased at the site, previous activities at the site resulted in contamination of the soil and groundwater, and contribute to the discharge ofpollutants of concern in stormwater and groundwater which drain from the site through permitted outfalls to Badin Lake and an unnamed tributary to Little Mountain Creek in the Yadkin River Basin. Due to the need to incorporate effluent limitations and monitoring requirements for certain outfalls, the challenged Permit was developed as a combined NPDES wastewater and stormwater permit. 4. In issuing the Permit, DWR removed a schedule of compliance that had been included in the draft permit. The schedule of compliance would have given Badin Park three years from the date of issuance of the Permit in which to comply with the cyanide and fluoride limits contained in the Permit. 5. On October 27, 2017, Badin Park and Concerned Citizens each filed Petitions for a Contested Case Hearing ("Petitions') in the Office ofAdministrative Hearings challenging various aspects of the Permit. 6. The cover letter accompanying the Permit notes that Badin Park may pursue a Special Order by Consent ("SOC"), pursuant to N.C. Gen. Stat. § 143-215.2 and regulations set forth at 15A NCAC 2H .1206, to address concerns with the schedule of compliance with applicable water quality limitations. On July 2, 2018, Badin Park forwarded to DWR an application for an SOC that would address a schedule for attaining compliance with certain effluent limitations at Outfall 005, and the work that it would require. The parties exchanged different versions of a draft SOC, and on August 31, 2018, Badin Park mailed to DWR a signed copy of a proposed SOC. Among other things, the proposed SOC provided a schedule for attaining compliance with the above referenced effluent limitations by December 31, 2018, required Badin Park to construct a new stormwater system, provide financial assurance for construction of that system, and to pay stipulated penalties for noncompliance with the terms of the SOC. 7. On September 27, 2018, a public notice for public comment regarding the proposed SOC was published in the Stanley News & Press. As stated in the notice, the comment period on the proposed SOC expired on October 30, 2018. No comments were received on the proposed SOC, which had not been signed by DWR pending further development of the settlement reflected herein. 8. In November, 2018, Badin Park advised Concerned Citizens and DWR that due to a number of factors it would not be able to meet the schedule for attaining compliance set forth in the proposed SOC. The parties began negotiating an amended SOC, which sets forth a July 31, 2019 date for attaining compliance with the above referenced effluent limitations at Outfall 005. Among other things, the amended SOC requires Badin Park to complete construction of the new stormwater system, and, like the earlier proposed SOC, to provide financial assurance for 3 construction of that system, and to pay stipulated penalties for noncompliance with the terms of the amended SOC. The amended SOC is attached hereto as Exhibit A. 9. 1 Badin Park submitted Priority Pollutant Analyses (PPA) for Outfalls 005, 012, 013, 018, and 022 to DWR with its discharge monitoring report (DMR) for the month of August 2018 and its amended DMR for the month of May 2018. Copies of the results of those PPAs have been provided to counsel for Concerned Citizens. 10. Following named storm Florence in September 2018, Badin Park collected samples from Outfall 019 overflow which were analyzed for Flow, Total Suspended Solids, Aluminum, Fluoride, Cyanide, and pH. 11. Following named storm Michael, on October 12, 2018, -Badin Park photographed Outfalls 002, 004, 017, 018, 020, and 022. Outfalls 002 and 004 had sufficient flow to collect an overflow effluent sample; those samples have been analyzed for cyanide (CN) and fluoride (F). There was no (zero) flow from outfalls 017, 018, 020 and 022 on October 12, 2018. 12. On March 17, 2019, Badin Park provided counsel for DWR and Concerned Citizens with a PPA for Outfall 004. 13. DWR has reviewed the results of the PPA's referenced above and has concluded that no modifications to the Permit are required based on the results of the PPA's. AGREEMTNT Without any hearing of fact or law in the above styled matter, IT IS THEREFORE AGREED BY THE PARTIES THAT: 1. All parties have been correctly designated and there is no question as to misjoinder or non joinder. 4 2. Within 15 days of execution of this agreement, DWR will issue a draft permit for public notice with the following modifications: a. DWR will modify Sections A.(5.), A.(7.) and B.(L)l of the Permit to move Outfalls 018 and 022 from Sections A. to Section B., given that Outfalls 018 and 022 discharge only stormwater. b. DWR will include a footnote in Section A(6) of the Permit to reflect that, after additional data on Outfall 019 has been collected during this permit cycle, DWR will consider whether to remove Outfall 019 from the Permit. DWR will provide public notice, including specifically notifying Concerned Citizens via email and U.S.P.S. to its undersigned counsel and to its President, and will consider public comments before making any final decision on whether to remove Outfall 019 from the Permit. c. DWR will include a footnote in Section A(1) of the Permit stating: "The Division shall consider all effluent TRC values reported below 50 µg/ L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/ L." d. DWR will remove Section A.(9.)(a) of the Permit for the following reasons: i. Badin Park has completed and submitted the results of PPA for Outfalls 004, 005, 012, 013, 018, and 022 to DWR and counsel for Concerned Citizens. 1 The references to numbered sections of the Permit set forth in this Settlement Agreement refer to the sections as they are numbered in the September 29, 2017 Permit that was the subject of the two contested cases settled herein. Because certain sections in the September 29, 2017 Permit will be removed and no longer included in the draft permit, certain section numbers in the draft permit will differ from those in the September 29, 2017 Permit. 5 ii. Outfall 11 is the overflow for Outfall 12 and does not require a separate PPA. e. Based on the updated mixing zone analysis submitted by Badin Park, DWR will modify Section A.(3.) of the Permit by inserting the following limits for Outfall 012: Effluent Parameter Monthly Average Daily Maximum rTCE l Cyanide 242 µg/l 285 µg/1 121 µg/l 181.5 µg/l Additionally, DWR will modify Section C.(7.) of the Permit by inserting instream sampling requirements around the mixing zone at three locations, and with a note that samples are to be collected at those locations at the surface and at a depth of approximately 3.5 meters. f. DWR will revise outfall coordinates for Table 1 in accordance with the corrected copy of those coordinates attached hereto as Exhibit B. g. DWR will remove Section A.(8.) of the Permit in light of the fact that Badin Park has committed to conduct similar monitoring under the supervision of DWM in connection with Badin Park's RCRA corrective action, and the results of such monitoring will be shared with DWR in accordance with the reporting schedule outlined in the April 2018 investigation work plan. 3. Neither Concerned Citizens nor Badin Park shall oppose issuance of the amended SOC or the modified permit issued in accordance with this Settlement Agreement. A draft. version of the modified permit is attached hereto as Exhibit C. 6 4. DWR will provide public notice of the amended SOC pursuant to 15A NCAC 2H .1203. After conclusion of the public process, DWR will take final action on the SOC. 5. Within ten days of issuance of a final version of the modified permit or the SOC, consistent with the terms of this Settlement Agreement, whichever comes later, Concerned Citizens and Badin Park shall voluntarily dismiss their respective Petitions. 6. This Agreement is entered into solely for the purpose of resolving this dispute and avoiding the cost and delay of further litigation. 7. The Parties agree that the consideration for this settlement is the promises contained herein and that this Agreement contains the whole agreement between DEQ and the other parties. 8. This Agreement is entered into knowingly, intelligently, and voluntarily and shall be binding upon the parties, their successors and assigns, upon execution by the undersigned, who represent and warrant that they are authorized to enter into this Agreement on behalf of the parties hereto. For Badin Business Park LLC: Date For the North Carolina Department of Environmental Quality: J ty°mI Re5pu/Y6S Date k*Ff 4!41 f' �"e(/h i�lr SeG't'ion C� i Q{ J For Concerned Citizens of West Badin Community: May 3, 2019 Date 9 EXHIBIT A Special Order By Consent EMC SOC WQ S 18-010 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF STANLY IN THE MATTER OF NORTH CAROLINA ) NPDES PERMIT NC0004308 ) HELD BY ) BADIN BUSINESS PARK LLC ) SPECIAL ORDER BY CONSENT EMC SOC WQ S18-010 Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2 and 143-215.67, this Special Order by Consent is entered into by Badin Business Park LLC, hereinafter referred to as Badin Park, and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission. Badin Park and the Commission are referred to hereafter collectively as the "Parties". 1. Badin Park and the Commission hereby stipulate the following: a. Badin Park holds North Carolina NPDES permit number NC0004308 issued September 29, 2017 (the "Permit")' for the discharge of wastewater (contaminated groundwater), stormwater, and fire protection water from Badin Park's facility located at NC Hwy. 740 & NCSR 1719, Stanly County, NC (`Badin Business Park") to an unnamed tributary to Little Mountain Creek and Badin Lake (Yadkin River), Class WS-IV and WS-1V CA & B waters, respectively, of the state in the Yadkin -Pee Dee River Basin. b. Badin Park is unable to consistently comply with the monthly average and daily maximum effluent limits for total cyanide, and the monthly average effluent limits for total fluoride set forth in the Permit for Outfall 005. This Special Order by Consent ("Special Order") addresses issues related to compliance with these effluent limits. c. Compliance with the monthly average fluoride limit and the daily maximum and monthly average cyanide limits at Outfall 005 in the permit will require the design and construction of a stormwater piping system upgrade at the Badin Business The North Carolina Department of Environmental Quality, Division of Water Resources ("DWR") anticipates modifying the Permit to address matters unrelated to the total cyanide and total fluoride effluent limits for Outfall 005. Those effluent limits remain the same in the draft modified permit which DWR expects to issue in final form in 2019 after complying with public notice requirements. At the expiration of this Special Order, Badin Park will be required to comply with the effluent limits for Outfall 005 set forth in either the Permit as issued on September 29, 2017, or the modified Permit, whichever is in effect at the expiration of this Special Order. References to the "Permit" throughout this Special Order shall refer to the Permit as issued on September 29, 2017 or the modified Permit. Badin Business Park LLC EMC SOC WQ S18-010 Page 2 of 6 Park, which can be performed without further permitting in accordance with the existing permit and this Special Order. d. Noncompliance with final effluent limits constitutes causing and contributing to pollution of the waters of this State named above, and Badin Park is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. e. Badin Park has secured financing for planning, design, and construction of a stormwater piping system upgrade which, once constructed and operated, will be sufficient to achieve compliance with the final effluent limits in the Permit. 2. Badin Park, desiring to comply with the Permit hereby agrees to the do the following: a. Undertake the following activities in accordance with the indicated time schedule: Scheduled Activi(v Due Date Complete the specification to optimize the newly installed piping system upgrade — to include improved plugging of the February 28, 2019 former storm drains to isolate old system, and improvements to (Met) stormwater collection drainage aths. Complete the construction of the Badin Business Park piping April 30, 2019 syste_ _m upgrade.. Met Attain compliance with the final efiluent limitations in the Permit. I July 31, 2019 b. Badin Park will comply with all terms and conditions of the Permit except those effluent limits identified in paragraph 1(b) above. See Attachment A for all current monitoring requirements and effluent limits for Outfall 005. Badin Park may also be required to monitor for other parameters, as deemed necessary by the Director, in future permits or administrative letters. Badin Park shall comply with the interim effluent limits for total fluoride and total cyanide at Outfall 005 as listed in the table below until the deadline for attaining final compliance with the final effluent limitations in the Permit. Badin Park shall attain compliance with the final effluent limitations in the Permit as listed in the table below by July 31, 2019. Under this Special Order, only the parameters listed below have been modified from the most current NPDES Permit in effect for Outfall 005. Permit Limits I Interim Limits Parameters_ I Units l Monthly Avg. I Daily Maximum I Monthly Avg. f Daily Maximum Total Fluoride I mWL J 1.8 mg1L 124 mg/L 15.0 mg/L 124 mg/L Badin Business Park LLC EMC SOC WQ S 18-010 Page 3 of 6 I Total Cyanide I µl L ! 5.0 µg/l ; 46.6 µg/l 1 100.0 µg/L 1148.5 µg/L c. No later than fourteen (14) calendar days after any date identified for accomplishment of any activity listed in paragraph 2(a) above, submit to the Director of the Division of Water Resources ("DWR") written notice of compliance (including the date compliance was achieved along with supporting documentation if applicable) or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. d. If the stormwater piping system upgrades required by this Special Order have not been completed by the date of the issuance of this Special Order, Badin Park shall, within thirty (30) days of that issuance, secure and provide documentation to DWR of an irrevocable standby letter of credit (Letter of Credit) to cover the cost of the uncompleted construction. The institution issuing the Letter of Credit shall be an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a Federal or State agency. The Letter of Credit shall be issued in favor of the State of North Carolina. The financial assurance provided by the Letter of Credit must be continuous in nature and must bind Badin Park as well as its successors -in -interest. The amount of coverage of the Letter of Credit shall be at least 100% of the estimated cost of constructing the stormwater piping system upgrade required by this Special Order. DWR may increase the amount of the Letter of Credit if it concludes that additional work is required in order to achieve final compliance with effluent limits in the Permit. The Letter of Credit shall be maintained during the term of this Special Order until it expires or is otherwise canceled. 3. Badin Park agrees that unless excused under paragraph four (4), Badin Park will pay the DWR, by check payable to the North Carolina Department of Environmental Quality, stipulated penalties according to the following schedule for failure to meet the deadlines set out in paragraphs 2(a) and 2(c). Violation Failure to meet a scheduled date Failure to comply with an interim effluent limit Monitoring frequency violations for modified parameters $1,000 per day $1,000 for exceeding monthly average limit; $500 for exceeding daily maximum limits $100 per omitted value per parameter Badin Business Park LLC EMC SOC WQ S 18-010 Page 4 of 6 Failure to Timely Submit Notice $1,000 for the first violation; penalty Required by Paragraph 2(c) doubles with each subsequent assessment for late notice Failure to achieve compliance with final $5,000 (single penalty) effluent limits 4. Badin Park and the Commission agree that the stipulated penalties are not due if Badin Park satisfies DWR that noncompliance was caused solely by - a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the permittee; d. An extraordinary event beyond the permittee's control. Contractor delays or failure to obtain funding will not be considered as events beyond the permittee's control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand by DWR to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. Since this Special Order is by consent, the Parties acknowledge that review of the same is not available to the Parties in the N.C. Office of Administrative Hearings. Furthermore, neither party shall file a petition for judicial review concerning the terms of this Special Order. 6. Noncompliance with the terms of this Special Order is subject to enforcement action in addition to the above stipulated penalties, including, but not limited to injunctive relief pursuant to G.S. 143-215.6C or termination of this Special Order by the Director of DWR upon ten (10) days' notice to Badin Park. Noncompliance with the terms of this Special Order will not be subject to civil penalties in addition to the above stipulated penalties. 7. This Special Order and any terms or conditions contained herein, hereby supersede any and all previous Special Orders, Enforcement Compliance Schedule Letters, terms, conditions, and limits contained therein issued in connection with NPDES permit number Badin Business Park LLC EMC SOC WQ S 18-010 Page 5 of 6 NC0004308. In the event of an NPDES permit modification or renewal, any effluent limit or monitoring requirements contained therein shall supersede those contained in Attachment A of this Special Order, except as modified and contained in paragraph 2(b) above. 8. This Special Order may be modified at DWR's discretion, provided DWR is satisfied that Badin Park has made good faith efforts to secure funding, complete all construction, and achieve compliance within the dates specified. In accordance with applicable law, modification of this Special Order will go to public notice prior to becoming effective. 9. In addition to any other applicable requirement, each notice required to be submitted by Badin Park under this Special Order shall be signed by a plant manager or a corporate official responsible for environmental management and compliance, and shall include 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 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 fine and imprisonment for knowing violations. 10. Failure to meet the scheduled date identified in paragraph 2(a) may terminate this Special Order and require Badin Park to comply with the terms and conditions contained in the Permit. 11. Badin Park, upon signature of this Special Order, will be expected to comply with all schedule dates, terms, and conditions of this document. This Special Order by Consent shall expire October 310 2019. For Badin Business Park LLC: f AP Asset Management Americas For the North Carolina Environmental Management Commission: Linda Culpepper, Director Division of Water Resources Badin Business Park LLC EMC SOC WQ SIS-010 Page 6 of 6 5-gZUIt? Date Date Attachment A EMC SOC WQ S18-010 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — OUTFALL 005 (INTERIM) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of the Special Order and lasting until July 31, 2019, the Permittee is authorized to discharge groundwater, stormwater, and fire protection water at Outfall 005. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT LIMITATIONS MONITORING REQUIREMENTS PARAMETER Monthly Weekly Daily Measurement Sample Sample [PARAMETER CODES Average Average Maximum Frequency Type Location z Flow (mgd) SOOSO Monthly Instantaneous E Total Suspended Solids (mg/1) C0530 Quarterly Composite 3 E PH (su) 00400 Shall remain within the range of 6.0 Monthly Grab E to 9.0 standard units at all times Total Aluminum (mg/1) 01105 Quarterly Composite 3 E Total Fluoride (mg/1) 4 00951 5.0 mg/1 * 24 mg/l Monthly Composite 3 E Total Cyanide (µg/1) 4 00720 100.0 µg/1 * 148.5 µg/1 * Monthly Grab E Total Residual Chlorine (µg/1) 50060 17 µg/l Monthly Grab. E 4,6 Acute Toxicity 5 TGP3B Quarterly Composite 3 E * Attain compliance with the final effluent limitations in the Permit on July 31, 2019. This Special Order by Consent shall expire October 31, 2019. Footnotes: 1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition C. (6). 2. Sample locations: E - Effluent. 3. The Permittee may use time -proportionate compositing or other sampling method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 4. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the analysis of pollutants. A method is "sufficiently sensitive" when: (1) The method minimum level (ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or required under 40 CFR chapter 1, subchapter N or O for the measured pollutant or pollutant parameter. The Permittee shall report on its Discharge Monitoring Reports the actual laboratory results for each effluent sample tested. 5_ Acute Toxicity P/F QuarterIy; see Special Condition C. (1). 6. The Division steal[ consider all effluent TRC values reported below 50 µg/ L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/ L EXHIBIT B Outfall Coordinates OUTFALL OUTFALL LOCATION Degrees Lat Long Outfall 002 35.408304°,-080.1151330 Outfall 004 35.4032170,-080.1198280 Outfall 005 35.402569°,-080.120758° Outfall 011 35.411830°,-080.114860° Outfall 012 35.4119800,-080.113900° Outfall 013 35.414106°,-080.116461° Outfall017 35.402510°,-080.120763° Outfall 018 35.4035120,-080.126245° Outfall 019 35.4130220,-080.1045910 Outfall 020 35.4087350,-080.1158400 Outfall 022 35.402068°,-080.123330° SAMPLING LOCATION Degrees Lat Long 35.408188°,-080.1162010 35.403217°,-080.119828° 35.402569°,-080.1207580 35.411524°,-080.1158570 35.4115240,-080.115857° 35.414106°,-080.1164610 35.402510°,-080.1207630 35.4035120,-080.126245° 35.4126550,-080.1048620 35.408735°,-080.1158400 35.4020680,-080.1233300 EXHIBIT C Draft Modified NPDES Permit NC0004308 Permit NC0004308 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER AND STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Badin Business Park, LLC. is hereby authorized to discharge wastewater and stormwater from a facility located at the Badin Business Park NC Hwy. 740 & NCSR 1719 Stanly County to receiving waters designated as UT to Little Mountain Creek and Badin Lake (Yadkin River) in the Yadkin - Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III of this permit. This permit shall become effective Month XX, 2019. This permit and the authorization to discharge shall expire at midnight on October 31, 2022. Signed this day Month XX, 2019. DRAFT Linda Culpepper, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 27 Permit NC0004308 SUPPLEMENT TO PERMIT COVER SHEET The authority to operate and discharge from this facility arises exclusively under the terms and conditions of this NPDES Permit. Therefore, upon the effective date of this permit, any and all previous NPDES Permits issued for this facility and bearing this permit number are revoked. Badin Business Park, LLC. is hereby authorized to: 1. Discharge the following: • stormwater at Outfalls 002, 004, 017, 018, 020, and 022 • groundwater, stormwater and or fire protection water at Outfalls 005; 012, 011 when flows exceed the capacity of the diffuser, and 013; • overflow from stormwater retention pond at Outfall 019. all outfalls being located at or near Badin Business Park in Stanly'County; and 2. Discharge such groundwater, stormwater and/or fire protection water from locations specified on the attached map into an unnamed tributary to Little Mountain Creek (Outfalls 004, 005, 017, 018, and 022) and into Badin Lake (Yadkin River) (Outfalls`M, 011, 012, 013, 019, 020) which are classified as Class "WS-IV" waters and Class "WS-IV CA & B" waters, respectively, in the Yadkin -Pee Dee River Basin. All discharges shall be in accordance with the attached schedules as follows: Part I. Monitoring, Controls, and Limitations for Permitted Discharges A. Effluent Limitations and Monitoring Requirements B. Stormwater Management Requirements C. Special Conditions Part II: Standard Conditions for NPDES Permits Part III: Other Requirements Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization, or approval. 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. Page 2 of 27 Permit NC0004308 PART SECTION A - EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge wastewater and stormwater associated with the activities described in its current NPDES permit application. Such discharges shall be monitored, controlled, and limited as specified below. A#.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 005 [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge groundwater, stormwater, and fire protection water at Outfall 005 subject to the following effluent limitations and monitoring' requirements: PARAMETER EFFLUENT LIMITATIONS - MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample Sample Average Average Maximum Frequency Type . Location ? Flow Monthly Instantaneous E Total Suspended Solids Quarterly Composite`3 E pH Shall remain within the range of 6.0 Monthly Grab E to 9.0 standard units at all limes Total Aluminum Quarterly Composite 3 E Total Fluoride 4 1.8 mg/1 24 mg/1 Monthly Composite 3 E Total Cyanide 4 5 µg/1 46.6 µg/1 Monthly Grab E Total Residual Chlorine 4 17 µg/1 Monthly Grab E Acute Toxicity s Quarterly Composite 3 E Footnotes: 1.Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition C.(6). 2. Sample locations: E - Effluent. 3. The Permittee may use time -proportionate compositing or other sampling method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 4. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the analysis of pollutants. A method is "sufficiently sensitive' when: (1) The method minimum level (ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or required under 40 CFR chapter I, subchapter N or O for the measured pollutant or pollutant parameter. The Division shall consider all effluent TRC values reported below 50 µg/ L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L. 5. Acute Toxicity P/F Quarterly; see Special Condition C.(1). Page 3 of 27 Permit NC0004308 A.(2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 011 [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge fire protection waters, groundwater, and stormwater exceeding the Outfa11012 diffuser capacity at Outfall 011 subject to the following effluent limitations and monitoring' requirements: EFFLUENT LIMITATIONS MONITORING REQUIREMENTS PARAMETER Monthly Weekly Daily Measurement Sample Sample Average Average Maximum Frequency Type Location 2 Flow Monthly Instantaneous E Total Aluminum Quarterly Grab E Total Fluoride 3 24 mg/l Monthly Grab E Total Cyanide 3 46.6.µg/1 Monthly Grab E Total Suspended Solids Quarterly Grab E Trichloroethylene (TCE) 3 4 3.7 µg/1 Monthly Grab E pH jShall remain within the range of 6.0 to 9.0 standard units at all times Quarterly Grab E Acute Toxicity 5 Quarterly Grab E rootnotes- 1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition C.(6). 2. Sample locations: E - Effluent. 3. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the analysis of pollutants. A method is "sufficiently sensitive" when: (1) The method minimum level (ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or required under 40 CFR chapter I, subchapter N or O for the measured pollutant or pollutant parameter. The Permittee shall report on its Discharge Monitoring Reports the actual laboratory results for each effluent sample tested. 4. The facility may request that the Division review the data after collection of at least 12 data points to determine if there is reasonable potential to exceed the water quality standard or EPA criteria. If no reasonable potential exists, the Division may remove the limit and/or reduce the monitoring frequency. Acute Toxicity Monitoring Quarterly; see Special Condition C.(2). Page 4 of 27 Permit NC0004308 A.(3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfa11012 [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge fire protection waters, groundwater, and stormwater at Outfall 012 (diffuser) subject to the following effluent limitations and monitoring' requirements: PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Weekly Daily Average Maximum Measurement Frequency Sample Type Sample Location 2 Flow Monthly Instantaneous E Total Suspended Solids Quarterly Composite 3 E pH Shall remain within the range of 6.0 to 9.0 standard units at all times Monthly Grab E Total Cyanide 4 242 µg/1 285 µg/1 monthly Grab E Total Fluoride 4 Quarterly 'Composite 3 E Total Aluminum Quarterly Composite 3 E Trichloroethylene (TCE) 4,5 121 µg/1 181.5.µg/1 Monthly Grab E Chronic Toxicity 6 Quarterly Composite 3 E Footnotes: 1.Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition C.(6). 2. Sample locations: E - Effluent. 3. The Permittee may use time -proportionate compositing or other sampling method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 4. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the analysis of pollutants. A method is "sufficiently sensitive" when: (1) The method minimum level (ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or required under 40 CFR chapter I, subchapter N or O for the measured pollutant or pollutant parameter. The Permittee shall report on its Discharge Monitoring Reports the actual laboratory results for each effluent sample tested. 5. The facility may request that the Division review the data after collection of at least 12 data points to determine if there is reasonable potential to exceed the water quality standard or EPA criteria. If no reasonable potential exists, the Division may remove the limit and/or reduce the monitoring frequency. 6. Chronic Toxicity Pass/Fail Quarterly; see Special Condition C.(3). Page 5 of 27 Permit NC0004308 A.(4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfa11013 [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge groundwater and stormwater at Outfall 013 subject to the following effluent limitations and monitoring' requirements: EFFLUENT LIMITATIONS MONITORING REQUIREMENTS PARAMETER Monthly Weekly Daily Measurement Sample Type Sample Average Average Maximum Frequency Location z Flow Monthly Instantaneous E Total Suspended Solids Quarterly Composite 3 E Total Aluminum Quarterly Composite 3 E Total Fluoride Quarterly Composite 3 E Total Cyanide 4 5 µg/1 46.6'99/1 'Monthly Grab E p H Shall remain within the range of 6.0 Monthly Grab E to 9.0 standard units at all times Acute Toxicity 5 Quarterly Composite 3 E Footnotes: 1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition C.(6). 2. Sample locations: E - Effluent. 3. The Permittee may use time -proportionate compositing or other sampling ,method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 4. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the analysis of pollutants. A method is "sufficiently sensitive' when: (1) The method minimum level (ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or required under 40 CFR chapter I, subchapter N or O for the measured pollutant or pollutant parameter. The Permittee shall report on its Discharge Monitoring Reports the actual laboratory results for each effluent sample tested. 5. Acute Toxicity Monitoring Quarterly; see Special Condition C.(2). Page 6 of 27 Permit NC0004308 A.(5.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 019 [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] . During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge overflow from the retention pond at the Old Brick Landfill at Outfall 019 subject to the following effluent limitations and monitoringi requirements: EFFLUENT LIMITATIONS PARAMETER Monthly Weekly Daily Average Average Maximum MONITORING REQUIREMENTS Measurement Frequency Sample Type Sample 2 Location Flow Semi-annual Instantaneous E Total Rainfall (inches) 3 Semi-annual Rain gauge --- Total Suspended Solids Semi-annual Grab E Total Aluminum Total Fluoride 4 Semi-annual Semi-annual Grab Grab E E Total Cyanide 4 Semi-annual Grab E P H Shall remain within the°range of 6.0 to 9.0 standard units at all times Semi -dual Grab E Acute Toxicity s 1 1 Annual Grab E Footnotes: 1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition C.(6). 2. Sample locations: E - Effluent. 3. For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. 4. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the analysis of pollutants. A method is "sufficiently sensitive' when: (1) The method minimum level (ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or required under 40 CFR chapter I, subchapter N or O for the measured pollutant or pollutant parameter. The Permittee shall report on its Discharge Monitoring Reports the actual laboratory results for each effluent sample tested. 5. Acute Toxicity Monitoring Annual; see Special Condition C.(4). If no parameters are detected during the permit cycle, this outfall may be removed from the permit after a public notice process and consideration.of public comments. Page 7 of 27 Permit NC0004308 SECTION B - STORMWATER MANAGEMENT REQUIREMENTS [G.S.143-215.1(A) et seq., 15A NCAC 02H .0126 et seq.] B.(1.) STORMWATER MONITORING REQUIREMENTS - Outfalls 002, 004, 017, 018, 020 & 022 During the period beginning on the effective date of this permit and lasting until the expiration date of this permit; the Permittee is authorized to discharge stormwater at Outfalls 002, 004, 017, 018, 020 and 022. Such discharges shall be controlled, limited, and monitored as specified in this permit. 1. Analytical Monitoring Analytical monitoring of stormwater discharges shall be performed as specified below. All analytical monitoring shall be performed during a measureable storm event. FA easurablestorm event is a storm event that results in an actual discharge from the permitted site fall. The previous measurable storm event must have,been at least 72 hours prior. The 72-hour m interval does not apply if the permittee is able to document that a shorter interval is resentative for local storm events during the sampling period, and the permittee obtains approval m the local DEMLR Regional En ;iiieer (See Definitions). Discharge Characteristics Units Measurement Sample Sample Frequencyl e2 Location3 Total Suspended Solids (T5S) mg/L semi-annual Grab SDO Chemical Oxygen Demand (COD) mg/L semi-annual Grab SDO Aluminum, Total Recoverable mg/L semi-annual Grab SDO Total Cyanide mg/L semi-annual Grab SDO Total Fluoride mg/L semi-annual Grab SDO Total Rainfall4 inches semi-annual + Ram Gauge Footnotes: 1. Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly sampling) during a measureable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit by DEMLR. 2. Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30 minutes, and shall continue until completed. 3. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of DEMLR's letter granting ROS shall be kept on site. 4. For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. Page 8 of 27 Permit NC0004308 The permittee shall complete the analytical samplings in accordance with the schedule specified below, unless adverse weather conditions prevent sample collection. A minimum of 60 days must separate Period 1 and Period 2 sample dates, unless monthly monitoring has been instituted under a Tier Two response. Inability to sample because of adverse weather conditions must be documented in the Stormwater Pollution Prevention Plan (SPPP) and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part H, Section D). However, for purposes of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first sample with valid results within the monitoring period. Monitoring Schedule Senu-Annual Start Date End Date Monitoring Events'- (All Years)3 (All Years)3 Period 1 January 1 June 30 Period 2 July 1 f ' December 31 Footnotes: 1 Maintain semi-annual monitoring until either another permit is issued for this facility or until this permit is revoked or rescinded. The permittee must submit an application for renewal of coverage before the submittal deadline (180 days before expiration) to be considered forrenewed coverage under the permit. The permittee must continue analytical monitoring throughout the permit renewal process, even if a renewal permit is not issued until after expiration of this permit. 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow' or "No Discharge" within 30 days of the'end of the sampling period. 3 Monitoring periods remain consistent through the permit term and through the renewal process. Failure to monitor semi-annually per permit terms may result in DEMLR requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an outfall during a monitoring period does not constitute failure to monitor, as long as it is properly recorded and reported. The permittee shall compare monitoring results to the benchmark values below. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One, Tier Two, and Tier Three response actions. In the event that DEMLR releases the permittee from continued monthly monitoring and reporting under Tier Two or Tier Three, DEMLR's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. Page 9 of 27 Permit NC0004308 Benchmark Values for Monitoring Discharge Characteristics 'Analytical Units Benchmark Total Suspended Solids ('ISS) mg/L 100 Chemical Oxygen Demand mg/L 120 Aluminum, Total Recoverable mg/L 0.75 Total Cyanide mg/L 0.02 Total Fluoride mg/L 6 The benchmark values above are not permit limits but should be used as guidelines for implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value is not a permit violation; however, failure to respond to the exceedance as outlined in this permit is a violation of permit conditions. Tier One If. The first valid sampling results are above a benchmark value for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value.exceedance. 3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern. 4. Implement the selected feasible actions within two months of the inspection. 5. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedance, the inspectiorrdate, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. 6. Note: Benchmark exceedances for a different parameter separately triQizer a tiered response. Tier Two If. The first valid sampling results from two consecutive monitoring periods are above the benchmark ' values for anv specific parameter at a specific discharge outfall; Then: The, permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall conduct monthly monitoring at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values or within benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional Engineer may direct the response actions on the part of the permittee as provided in Tier Three, including reduced or additional sampling parameters or frequency. 5. Maintain a record of the Tier Two response in the SPPP. 6. Continue Tier Two response obligations throughout the permit renewal �)rocess. Page 10 of 27 Permit NC0004308 If. The valid sampling results required for the permit monitoring periods exceed the benchmark value for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DEMLR Regional En ii ieer in writing within 30 dJys of receipt of the fourth anal tical results; Then: The Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters herein; • require sampling of additional or substitute parameters; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion; • require the permittee to continue Tier Three obli�,,atfons throw h the prr„nit renewal process. 2. Qualitative Monitoring Requirements The purpose of qualitative monitoring is to evaluate the effectiveness. of the Stormwater Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status. Qualitative monitoring shall be performed semi-annually as specified below, and during required analytical monitoring events (unless the permittee is required to perform further qualitative monitoring per the Qualitative Monitoring'Response, below). Inability to monitor because of adverse weather conditions must be documented in the SPPP and recorded on the Qualitative Monitoring Report form (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with industrial activity must be monitored (See Definitions). In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Page 11 of 27 Permit NC0004308 Qualitative Monitorine Reauirements s Fr uen 1 Monitoring Location2 r semi-annual SDO semi-annual SDO semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or de osition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1. 2. Monitoring Frequency: Twice per year duringa measureable storm event unless other provisions of this permit prompt monthly monitoring. See schedule of monitoring periods through the end of this permitting cycle. The permittee must continue qualitative monitoring throughout the permit renewal process until anew permit is issued. Monitoring Location: Qualitative_ monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. If the pennittee's qualitative monitoring indicates that existing stormwater Best Management Practices (BMPs) are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective action, and implement those corrective actions within 60 days, -.per the Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the SPPP. [qualitative Monitoring Response Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the dischargecauses or contributes to a water quality standard violation, DEMLR may but is not limited to: • require that' the permittee revise, increase, or decrease the monitoring frequency for some or all parameters (analytical or qualitative) • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. Page 12 of 27 Permit NC0004308 B.(2.) STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by DEMLR. The SPPP is public information in accordance with Part II, Standard Conditions, Section E Paragraph 10 of this permit. The SPPP shall include, at a minimum, the following items: 1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site Overview shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters; the name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the points of stormwater discharge associated with industrial activity. The general location map (or alternatively the site map) shall identify whether any receiving waters are impaired (on the state's 303(d) list of impaired waters) or if the site is located in a watershed for which a TMDL has been established, and what the parameters of concern are. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the stormwater discharge outfalls; all on -site and adjacent surface waters and wetlands; industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads); site topography and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. If non-stormwater discharges are present, the permittee shall identify the source and record whether the discharge is otherwise permitted (by rule or a different permit). The permittee shall evaluate the environmental significance of the non- stormwater discharges and include a summary written record with the certification. The certification statement and summary written record shall be retained with the SPPP, and shall be dated and signed in accordance with the requirements found in Standard Conditions for NPDES Permits, Part H, Section B.11(b). (f) If a permanent source of non-stormwater flow is identified in accordance with B. (2)1. (e) the permittee shall notify DWR and DEMLR. The notification must include a description and frequency of discharge for the identified non-stormwater flow. The notification must be submitted to the following addresses: Page 13 of 27 Permit NC0004308 DWR/NPDES Complex Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 DEMLR / Stormwater Permitting Program 1612 Mail Service Center Raleigh, NC 27699-1612. 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, at a minimum, shall incorporate the following (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to rainfall and run-on flows. Wherever practical, the' permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, this 4eview shall document the feasibility of diverting the stormwater run-on away from areas of potential contamination. (b) Secondary Containment Requirements and Records., Secondary containment is required for: bulk storage of li uid materials storage in anx amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water 12rioritv chemicals; and storage in an amount of hazardous substances in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism). Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior toaelease of the accumulated stormwater. Accumulated stormwater shall be releasedif found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated Stormwater, and the date and time of the release shall be kept for a period of five (5) years. For facilities subject to a federal oil Spill Prevention, Control,,and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant withthe requirements of this permit may be used to demonstrate compliance with this permit. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall•be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have increased potential to contaminate Stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely Page 14 of 27 Permit NC0004308 address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall address all stormwater control systems (if applicable), stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution where not already addressed under another element of the SPPP. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP. 5. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring at the outfalls required in Part I Section B.(1.). 6. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. The facility personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. 8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include: (a) an updated list of significant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred (element of the Site Overview); (b) a written re -certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges (element of the Site Overview); (c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs (BMP Summary element of the Stormwater Management Strategy). (d) a review and comparison of sample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status. The permittee shall use the Annual Summary Data Monitoring Report (DMR) form, available from the DEMLR Stormwater Permitting Program's website (See 'Monitoring Forms' here: ntt portal.nca. orkl webs 1r1 n}�des-stormwaeE_ ).. The Director may notify the permittee when the SPPP does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide Page 15 of 27 Permit NC0004308 certification in writing in accordance with Part I1, Standard Conditions, Section B, Paragraph 11 to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater. Implementation of the SPPP shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five (5) years and made available to the Director or the Director's authorized representative immediately upon request. B.(3.) STORMWATER DEFINITIONS 1. Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with your SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant DMR. 2. Allowable Non-Stormwater Discharges Non-stormwater discharges which shall be allowed in the stormwater conveyance system include. a. Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. b. Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or eye wash as a result of use in the event of an emergency. 3. Best Mana ement Practices BMPs Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: htt s: www.e a. ov n des national-menu-best-mana ement- ractices-bm s-stormwater#edu. 4. ByRass stormwater A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 5. Bulk Storage of Liquid Products Liquid raw materials, intermediate products, manufactured products, waste materials, or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 6. DEMLR The Division of Energy, Mineral, and Land Resources. Page 16 of 27 Permit NC0004308 7. 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. 8. Measureable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two copies of this information and a written request letter shall be sent to the local DEMLR Regional Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on site in the permittee's SPPP. 9. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products [40 CFR 122.26 (b)(14)]. DEMLR--may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). 10. Point Source Dischar a of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 11. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the Division may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 12. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain the 25-year, 24-hour storm event. 13. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of.1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and c. Meets at least one of the following criteria: i. Is listed in appendix D of 40 CFR part 122 on Table 11(organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. Page 17 of 27 Permit NC0004308 14. Sign ificantMaterials 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. 15. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref. 40 CFR 302.4). 16. Stormwater Dischar re Outfall SDO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 17. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 18. Stormwater Associated with Industrial Activit N The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 19. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 20. Total Maximum Dail% Load { f DL} TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at hgp;//portal.ncdenr.org/web/wq/ps/mtu/tmdj . 21. Vehicle Maintenance Activitt Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 22. 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. 23. 25-year. 24 hour Storm Event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Page 18 of 27 Permit NC0004308 SECTION C - SPECIAL CONDITIONS C.(1.) ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (Quarterly; Outfall 005) [15A NCAC 02B .0200 et seq.] The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the North Carolina Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A Single Effluent Concentration (Revised December 2010 or subsequent versions). The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24 hour 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). The tests will be performed once during each calendar quarter (January -March; April June, July -September and October -December). Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. All toxicity testing results required as part of this permit' condition will be'entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGE6C. Additionally, DWR Form AT-2 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Aquatic Toxicology Branch, Water Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Aquatic Toxicology 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 Section at the address cited 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. Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three month time interval that begins on the first day of the month in which toxicity testing is required by this permit and continues until the final day of the third month. Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. Page 19 of 27 Permit NC0004308 If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation & reporting of the data submitted on the DMR & all AT Form submitted. 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. C.(2.) ACUTE TOXICITY MONITORING (Quarterly, Outfalls 011 and 013) [15A NCAC 02B .0200 et seq.] The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined as definitive in E.P.A. Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour static test. Effluent samples for self -monitoring purposes must be obtained during representative effluent discharge below all waste treatment. The tests will be performed on a discharge event during each calendar quarter (January -March, April June, July -September and October -December). The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1)`'for the month in which it was performed, using the appropriate parameter code. Additionally, DWR Form AT=`1,(original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Aquatic Toxicology Branch, Water Sciences Section 1621 Mail Service Center Raleigh, North. Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Aquatic Toxicology 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 quarter 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 test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Page 20 of 27 Permit NC0004308 C.(3.) CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (Quarterly; Outfall 012) [15A NCAC 02B .0200 et seq.] The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 3.8 % at Outfall 012. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase lI Chronic Whole Effluent Toxicity Test Procedure' (Revised -February 1998) or subsequent versions. Effluent samples for self -monitoring purposes must be obtained during representative effluent discharge below all waste treatment. The tests will. be performed once during each calendar quarter Qanuary-March, April -June, July -September and October -December). If the test procedure performed as the first test of any. single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure' (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical_methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure' (Revised4ebruary 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWR Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Aquatic Toxicology Branch, Water Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Aquatic Toxicology Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a quarter 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 the Permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Page 21 of 27 Permit NC0004308 C.(4.) ACUTE TOXICITY MONITORING (Annual, Outfall 019) [15A NCAC 02B .0200 et seq.] The permittee shall conduct annual toxicity tests using protocols defined as definitive in E.P.A. Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour 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 toxicity test must be performed by June 30. Should there be no discharge of flow from the facility during the six month period January 1 June 30, 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 in the comments section indicate "No Flow for January 1-June 30, {calendar year)." The report must be signed and submitted to the Environmental Sciences Section at the address noted below. If no discharge event occurs from January 1 June 30, yet a discharge event occurs from July 1-December 31, then the facility must perform toxicity monitoring and report the data as noted below. The parameter code for this test is TAE6C. All toxicity testing results required as part'of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DWR Form AT 1,(original) is to, be sent to the following address: Attention: North Carolina Division of Water Resources Aquatic Toxicology Branch, Water Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Aquatic Toxicology 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 any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. C.(5.) PERMIT REOPENER [G.S.143-215.1(b)] The permitttee shall notify the Division if any industrial activity is proposed to take place at the facility which changes the characteristics of the wastewaters as authorized in this permit or adds additional sources of wastewater. A notification shall be submitted to the Division describing the new activities and expected wastewater characteristics 90 days prior to proposed start of operations. Page 22 of 27 Permit NC0004308 C.(6.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S.143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Rel?orft Re uirements [Supersedes Section D. (2.1 and Section E..{5jLaj] The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the states eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state 'electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address:. NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1,1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). Page 23 of 27 Permit NC0004308 2. EIectronic Submissions In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: htt )s: www.federalre inter. ov documents ' 2015 10 22 2015-24954 national- ollutant-dischar •e- elimination-s ystem-n des -electronic -re ortin -rule Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Rec, uest a Waiver from Electronic Reoortin The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for 'temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: h d .nc. ov about divisions water -resources edmr 4. SignatM Requirements [Supplements Section B. (11.1 (b) and Supersedes Section B. (11) (dil All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: htt ): d .nc. ov abouti divisions water -resources ednu Page 24 of 27 Permit NC0004308 Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of f nes and imprisonment for knowing violations. " 5. Records Retention I Supplements Section D. 6. The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3,years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.411. C.(7.) MIXING ZONE (Outfall 012) (a.) The mixing zone for outfall 012 consists of a circular area with a radius of 5.6 m from die diffuser. (b.) Instream Sampling shall be collected as follows: PARAMETER MONITORING REQUIREMENTS Measurement Frequencv Sample Type Sample Location 1 H Monthly Grab MZ1, MZ2, MZ3 Total Cvanide Monthly Grab MZ1, MZ2, MZ3 Total Fluoride Monthly Grab MZ1, MZ2, MZ3 Trichloroethylene CE Monthly Grab MZ1, MZ2, MZ3 Footnote: 1. MZ1 - Lake Badin 20 feet from the diffuser on a parallel line projected from the diffuser. MZ2 - Lake Badin 20 feet from the diffuser on a perpendicular line projected from the diffuser (oriented SE). MZ3 - Lake Badin 20 feet from the diffuser on a perpendicular line projected from the diffuser (oriented NW). For each instream sampling location, samples must be collected at the surface and at depth of approximately 3.5 meters. (c.) Sampling results shall be reported in the DMRs. See special condition C.(6.) Page 25 of 27 Permit NC0004308 Badin Business Park — Stanly County I Location Map 1 Receiving Stream: Badin Lake (Yadkin River) and UT to Little Mountain Creek Stream Classification: WS-N CA & 8 and WS-IV River Basin: Yadkin/Pee Dee Sub -Basin #: 03-07-08 USGS Quad #: F18NE, F18NW Badin & New London, NC Page 26 of 27 N� NPDES Permit No. NC0004308 Permit NC0004308 Table 1. Outfall Locations Outfall Latitude LoxWtude 002 350 24' 29.89" 800 6' 54.48" 004 350 24' 11.58" 800 7' 11.38" 005 350 24' 9.25" 800 7' 14.73" Oil 350 24' 42.59" 800 6' 53.49" 012 350 24' 43.13" 800 6' 50.04" 013 350 24' 50.78" 800 6' 59.26" 017 350 24' 9.04" 800 7' 14.75" 018 350 24' 12.64" 800 7' 34.48" 019 350 24' 46.88" 800 6' 16.53" 020 350 24' 31.45" 800 6' 57.02" 022 350 24' 7.45" 800 7' 23:99" Page 27 of 27 Water Resources ENVIRONMENTAL QUALITY September 29, 2017 Ms. Robyn Gross, Director, Assets Management America Badin Business Park, LLC 201 Isabella St. Pittsburg, PA 15212 Dear Ms. Gross: ROY COOPER MICHAEL S. REGAN S, JAY ZIMMERMAN Subject: Final NPDES Permit Renewal Permit NC0004308 Alcoa Badin Works Stanly County Class I Facility Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The name change request was addressed with the permit renewal. The name of the penmittee was changed to Badin Business Park, LLC. In response to your comments dated November 18, 2015 the Division offers the following responses: • Critical dilution for outfall 012 - The Division agrees to use the chronic dilution of 26:1 (3.8 % 1 WC) for the whole effluent toxicity (WET) test for outfall 012. The WET test was modified to reflect an IWC of 3.8 %. • Cyanide limit for outfall 012 — The Division agrees to modify the acute daily limit using the dilution factor of 14:1 and the non -trout criteria of 46.6 µg/l that was used for other outfalls. The cyanide daily maximum limit was modified to 652 µg/l. Compliance Schedule for outfalls 005, 011, 012, and 013 - Based on public concerns, the Department withdrew the compliance schedule for outfalls 005, 011, 012, and 013. Alcoa can employ other mechanisms for attaining compliance with new limits such as a special order of compliance (SOC). This is a more appropriate mechanism than addressing the non compliance with a schedule of compliance in the permit as the SOC is designed to address compliance issues and track schedules and fines. Alcoa was aware that water quality standards were exceeded at most outfalls for several years and has indicated that State ofNWhCerollne I Ewhomentel Quality I WaterResouroes 1617 Matz Service (enter I Raleigh, North Carolina 27699-1617 919 907 6300 Page 12 studies had been started some time ago to identify the sources and develop an action plan. These efforts can be included in the special order. • Instream monitoring requirements - The Division modified the instream sampling requirements considering the results of the CERCLA study. Special Condition A.(8) includes requirements for a monitoring study to evaluate the effect of the new slurry wall installed below the landfill. Sampling will be required in the three channels below the landfill. Sampling stations in Little Mountain Creek were modified to three stations, one station before the Alcoa Badin landfill, one after the landfill before the confluence with the unnamed tributary, and one after the unnamed tributary downstream of NCSR 740. • TCE limits Outfalls 011 and 012 — The Division does not agree to remove the limits for TCE. The Division agrees to modify the limit using the state water quality standard of 2.5 µg/1 and to use the alternative name thrichloroethylene. • Free cyanide vs Total Cyanide - North Carolina adopted a freshwater cyanide water quality standard of 5 µg/1 for protection of aquatic life. The North Carolina water quality standard to protect for aquatic life is expressed as total cyanide. EPA recently published updated human health criteria for cyanide for consumption of water and for consumption of organisms. Human health criteria applicable for water supply waters is 4 µg/1. Although the reference doses EPA used for developing criteria were for free cyanide, the criteria is expressed as total cyanide. Since the NC water quality standard is expressed as total cyanide and the new EPA human health criteria is also expressed as total cyanide, the limit in the permit is expressed as total cyanide. • Frequency of toxicity testing at outfall 011 — The Division does not agree to change the test from quarterly to annual. The quarterly chronic test for outfall 011 was implemented to be consistent with outfalls 005 and 013 since they are all classified as discharges of groundwater and stormwater. • Monthly average limits and sample type outfall 011— The Division agrees to change the monitoring requirements for this outfall as it is not a continuous discharge. Sampling type was modified to grab for all parameters. Limits were modified to acute limits as daily maximums. • Delete outfall 019 - The Division does not agree to delete outfall 019. There is limited discharge data for this outfall. In addition, EPA suggested more monitoring for this outfall. Although the monitoring suggested by EPA has not been implemented, once more data is collected during this permit cycle the Division will reconsider removing the outfall. • Outfall 019 monitoring/sample type - Sample type for flow was corrected to instantaneous. • Representative outfall status outfalls 018 and 022 — After consideration of the results of the CERCLA Site Inspection Report completed by the Division of Waste Management the monitoring requirements for outfalls 018 and 022 were modified. The permit was modified to include monitoring requirements similar to other outfalls that discharge stormwater and groundwater. • Compliance schedule for stormwater outfalls - DEMLR does not agree to a schedule of compliance. The tiered approach in the stormwater section is comparable to a built-in compliance schedule for stormwater pollutants. Page 13 As a result of comments received during the public comment period and additional revisions by the Division the permit was modified as follows: • Cyanide reporting level - The footnote for cyanide and fluoride was modified to require the use of sufficiently sensitive test procedures. • The RPA for outfall 005 was revised. As a result of the RPA a Total Residual Chlorine daily maximum limit of 17 µg/l for was added to this outfall. • Daily maximum limits for continuous outfalls - Effluent limits for outfalls 011 and 012 were modified to include daily maximum limits for Trichloroethylene (TCE). Per federal regulation 40 CFR § 122.45(d)(1) daily maximum and monthly average limits are required for continuous discharges. The daily limits were calculated using a multiplier of 1.5 as recommended by the EPA. • Mixing zone analysis - Special Condition C. (7) was added to the permit to require an updated mixing zone analysis for outfall 012. The mixing zone analysis that was performed in 1990 was performed under different discharge conditions. Current conditions and background concentrations should be evaluated using a current dilution model. • The RPA for outfall 012 was revised to include total residual chlorine data. The data presents no reasonable potential. • The Division recommends that Alcoa requests the US Army Corps of Engineers (USAGE) to issue a jurisdictional determination for the seepage/drainages from the Alcoa-Badin landfill. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699- 6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Resources or any other Federal, State, or Local governmental permits that may be required. Page 14 If you have any questions concerning this permit, please contact Teresa Rodriguez at (919) 807- 6387 or via email at Teresa.Rodriguez@ncdenr.gov. Sincerely, S. merman, P.G. Director', Division of Water Resources, NCDEQ Hardcopy: NPDES Files Central Files DWR/Mooresville Regional Office / Water Quality Ecopy: US EPA Region 4 DWR/Ecosystems Branch/Steve Kruger DWR/Aquatic Toxicology Branch/Susan Meadows DWM/Hazardous Waste Section/Robert McDaniel Permit NC0004308 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES TO DISCHARGE WASTEWATER AND STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELINIINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Badin Business Park, LLC. is hereby authorized to discharge wastewater and stormwater from a facility located at the Alcoa - Badin Works NC Hwy. 740 & NCSR 1719 Stanly County to receiving waters designated as UT to Little Mountain Creek and Badin Lake (Yadkin River) in the Yadkin - Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, H, and III of this permit. This permit shall become effective November 1, 2017. This permit and the authorization to discharge shall expire at midnight on October 31, 2022. Signed this day September 29, 2017. S. Jay i an, P.G. Director, D ision of Water Resources By Authority of the Environmental Management Commission Page 1 of 32 Permit NC0004308 SUPPLEMENT TO PERMIT COVER SHEET The authority to operate and discharge from this facility arises exclusively under the terms and conditions of this NPDES Permit. Therefore, upon the effective date of this permit, any and all previous NPDES Permits issued for this facility and bearing this permit number are revoked. Badin Business Park, LLC. is hereby authorized to: 1. Discharge the following: • stormwater at Outfalls 002, 004, 017, and 020; groundwater, stormwater and or fire protection water at Outfalls 005, Outfall 012, Outfall 011 when flows exceed the capacity of the diffuser, Outfall 013, Outfall 018 and Outfall 022; • overflow from stormwater retention pond at OutfaR 019. all outfalls being located at or near the Alcoa - Badin Works in Stanly County; and 2. Discharge such groundwater, stormwater and/or fire protection water from locations specified on the attached map into an unnamed tributary to Little Mountain Creek (Outfails 004, 005, 017, 018, and 022) and into Badin Lake (Yadkin River) (Outfalls 002, 011, 012, 013, 019, 020) which are classified as Class "WS-IV" waters and Class "WS-1V CA & B" wafters, respectively, in the Yadkin -Pee Dee River Basin. All discharges shall be in accordance with the attached schedules as follows: Part I: Monitoring, Controls, and Limitations for Permitted Discharges A. Effluent Limitations and Monitoring Requirements B. Stormwater Management Requirements C. Special Conditions Part I1: Standard Conditions for NPDES Permits Part III: Other Requirements Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization, or approval. 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. Page 2 of 32 Permit NC0004308 PARTI SECTION A - EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge wastewater and stormwater associated with the activities described in its current NPDES permit application. Such discharges shall be monitored, controlled, and limited as specified below. A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 005 [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge groundwater, stormwater, and fire protection water at Outfall 005 subject to the following effluent limitations and monitoring' requirements: PARAMETER Flow EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample Average Average I Maximum Frequency Type Sample Location 2 Shall remain within the to 9.0 standard units at range of 6.0 all times Monthly Instantaneous E Total Suspended Solids Quarterly Composite 3 E pH Monthly Grab E `Total Aluminum Quarterly Composite 3 E Total Fluoride 4 1.8 mg/l 24 mg/I Monthly Composite 3 E Total Cyanide 4 5 µg/l 46.6 µg/l Monthly JGrab E Total Residual Chlorine 4 1_7 µg/l Acute Toxicity s Monthly I Grab E Quarterly I Composite 3 E Footnotes: 1. Submit Discharge Monitoring Reports electronically using NC DWWs eDMR application system. Please See Special Condition C. (6). 2. Sample locations: E - Effluent 3. The Permittee may use time -proportionate compositing or other sampling method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 4. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the analysis of pollutants. A method is "sufficiently sensitive' when: (1) The method minimum level (ML) is at or below the Ievel of the effluent limit established in the permit for the measured pollutant or pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or required under 40 CFR chapter I, subchapter N or O for the measured pollutant or pollutant parameter. The Permittee shall report on its Discharge Monitoring Reports the actual laboratory results for each effluent sample tested. 5. Acute Toxicity P/F Quarterly; see Special Condition C. (1). Page 3 of 32 Permit NC0004308 A.(2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 011 [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period begnuung on the effective date of this permit and Iasting until the expiration date of this permit, the Permittee is authorized to dischargefire protection waters, groundwater, and storm water exceeding the Outfall 012 diffuser capacity at Outfall 011 subject to the following effluent limitations and monitoring' requirements: PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Weekly Daily Measurement Average Maximum Frequency Sample Type Sample Location Z Flow Monthly Instantaneous E Total Aluminum Quarterly Grab E Total Fluoride 3 24 mg/I Monthly Grab E Total Cyanide 3 46.6 µg/I Monthly Grab E Total Suspended Solids Quarterly Grab E Trichloroethylene (TCE) 3A 3.7 µg/l Monthly Quarterly Grab Grab E E p H Shall remain within the range of 6.0 to 9.0 standard units at all times Acute Toxicity 5 Quarterly I Grab E Footnotes: 1. Submit Discharge Monitoring Reports electronically using NC DWR`s eDMR application system. Please See Special Condition C. (6). 2. Sample locations: E - Effluent. 3. The permitee shall use sufficiently sensitive test procedures approved under 40 CPR part 136 for the analysis of pollutants. A method is "sufficiently sensitive" when: (1) The method minimum level (ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or required under 40 CFR chapter 1, subchapter N or O for the measured pollutant or pollutant parameter. The Permittee shall report on its Discharge Monitoring Reports the actual laboratory results for each effluent sample tested. 4. The facility may request that the Division review the data after collection of at least 12 data points to determine if there is reasonable potential to exceed the water quality standard or EPA criteria. If no reasonable potential exists, the Division may remove the limit and/or reduce the monitoring frequency. 5. Acute Toxicity Monitoring Quarterly; see Special Condition C. (2). Page 4 of 32 Permit NC0004308 A.(3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 012 [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge fire protection waters, groundwater, and stormwater at Outfall 012 (diffuser) subject to the following effluent limitations and monitoring' requirements: PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location 2 Flow Monthly Instantaneous E Total Suspended Solids Quarterly Composite 3 E pH Shall remain within the range of 6.0 to 9.0 standard units at all times 130 µg/1 F60,52 µg/1 Monthly Grab E Total Cyanide 4 Monthly Grab E Total Fluoride 4 Quarterly Composite 3 E Total Aluminum Quarterly Composite 3 E Trichloroethylene (TCE) 4.5 65 µg/l 97.5 µg/1 Monthly I Grab E Chronic Toxicity a 1 1 Quarterly I Composite 3 E Footnotes: 1. Submit Discharge Monitoring Reports electronically using NC DWR`s eDMR application system. Please See Special Condition C. (6). 2. Sample locations: E - Effluent. 3. The Permittee may use time -proportionate compositing or other sampling method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 4. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the analysis of pollutants. A method is "sufficiently sensitive" when: (1) The method minimum level (ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or required under 40 CFR chapter I, subchapter N or O for the measured pollutant or pollutant parameter. The Permittee shall report on its Discharge Monitoring Reports the actual laboratory results for each effluent sample tested. 5. The facility may request that the Division review the data after collection of at least 12 data points to determine if there is reasonable potential to exceed the water quality standard or EPA criteria. If no reasonable potential exists, the Division may remove the limit and/or reduce the monitoring frequency. 6. Chronic Toxicity Pass/Fail Quarterly; see Special Condition C. (3). Page 5 of 32 Permit NC0004308 A. (4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfa11013 [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge groundwater and stormwater at Outfall 013 subject to the following effluent limitations and monitoring' requirements: PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location s Flow Monthly Instantaneous E Total Suspended Solids Quarterly Composite 3 E Total Aluminum Quarterly Composite 3 E Total Fluoride Quarterly Monthly Monthly Composite 3 E Grab E Grab E Total Cyanide 4 5 µg/l 46.6 µg/l pH Shall remain within the range of 6.0 to 9.0 standard units at all times Acute Toxicity s 1 Quarterly Composite 3 E Footnotes: 1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition C. (6). 2. Sample locations: E - Effluent. 3. The Permittee may use tune -proportionate compositing or other sampling method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 4. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the analysis of pollutants. A method is "sufficiently sensitive" when: (1) The method minimum level (ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or required under 40 CFR chapter I, subchapter N or O for the measured pollutant or pollutant parameter. The Permittee shall report on its Discharge Monitoring Reports the actual Iaboratory results for each effluent sample bested. 5. Acute Toxicity Monitoring Quarterly; see Special Condition C.(2). Page 6 of 32 Permit NC0004308 A. (5.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 018 [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge groundwater and stormwater at Outfall 018 subject to the following effluent limitations and monitoring' requirements: EFFLUENT LIMITATIONS MONITORING REQUIREMENTS PARAMETER Monthly Weekly Daily Measurement Sample Type Sample s Average Average Maximum I Frequency Location Flow Total Suspended Solids Total Aluminum Total Fluoride Total Cvanide 9 MEXI I Acute Toxicity 4 Footnotes: 24 mg/1 46.6 µg/ l Shall remain within the range of 6.0 to 9.0 standard units at all times Monthly Instantaneous E Monthly Grab E Monthly Grab E Monthly Grab E Monthly Grab E Monthly Grab E Quarterly Grab E 1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition C. (6). 2. Sample locations: E - Effluent. Sample shall be collected at the end of the stormwater ditch. 3. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the analysis of pollutants. A method is "sufficiently sensitive" when: (1) The method mindmum level (ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or required under 40 CFR chapter I, subchapter N or O for the measured pollutant or pollutant parameter. The Permittee shall report on its Discharge Monitoring Reports the actual laboratory results for each effluent sample tested. 4. Acute Toxicity Monitoring Quarterly, see Special Condition C.(2). Page 7 of 32 Permit NC0004308 A. (6) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 019 [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge overflow, from the retention pond at the Old Brick Landfill at Outfall 019 subject to the following effluent limitations and monitoring' requirements: PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily 'Measurement Maximum Frequency Sample Type Sample Location 2 Flop' Semi-annual Instantaneous E Total Rainfall (inches) 3 Semi-annual Rain gauge — Total Suspended Solids Semi-annual Grab E Total Aluminum Semi-annual Grab E Total Fluoride 4 Semi-annual Semi-annual Annual Grab Grab Grab Grab E E E E Total Cyanide 4 pH Shall remain within the range of 6.0 to 9.0 standard units at all times-ual Acute Toxicity s T Footnotes: 1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition C. (6). 2. Sample locations: E - Effluent. 3. For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. 4. The permittee shall use sufficiently sensitive test procedures approved under 40 CPR part 136 for the analysis of pollutants. A method is "sufficiently sensitive" when: (1) The method minimum level (ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or required under 40 CFR chapter 1, subchapter N or O for the measured pollutant or pollutant parameter. The Permittee shall report on its Discharge Monitoring Reports the actual laboratory results for each, effluent sample Nested. 5. Acute Toxicity Monitoring Annual; see Special Condition C. (4). Page 8 of 32 Permit NC0004308 A. (7.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfa11022 [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge groundwater and storrnwater at Outfa11022 subject to the following effluent limitations and monitoring' requirements: PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Monthly Sample Type Sample Location s ! Instantaneous E Flow Total Suspended Solids Monthly Grab E Total Aluminum Monthly Monthly Monthly Monthly Grab Grab Grab Grab E E E E Total Fluoride 24 mg/1 Total Cyanide 3 ETSb,a,eIl 46.6 µg/1 pH remain within the range of 6.0 9.0 standard units at all times Acute Toxicity 4 Quarterly Grab E Footnotes: 1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition C. (6). 2. Sample locations: E - Effluent. Samples shall be collected at the end of the stormwater ditch. 3. The pernuttee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the analysis of pollutants. A method is "sufficiently sensitive" when: (1) The method minimum level (ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or required under 40 CFR chapter I, subchapter N or O for the measured pollutant or pollutant parameter. The Permittee shall report on its Discharge Monitoring Reports the actual laboratory results for each effluent sample tested. 4. Acute Toxicity Monitoring Quarterly; see Special Condition C.(2). A. (8.) MONITORING STUDY [15A NCAC 02B .0500 et seq.] (a.) A monitoring study shall be conducted to evaluate pollutant contributions from the landfill to Little Mountain Creek and the floodplain commencing on November 1, 2017 and terminating on October 31, 2018. (b) Monitoring is required for the following parameters at the locations specified: PARAMETER i MONITORING REQUIREMENTS Measurement Sample Te Frequency Sample Location 1 H Monthl, Grab UI, D1, D2 Total Cyanide Monthly Grab Ul, D1, D2, D3, D4, D5 Total Fluoride Monthlv Grab Ul, D1, D2, D3, D4, D5 Total Lead Monthly Grab U1, D1, D2, D3, D4, D5 Total Arsenic Monthly Grab Grab U1, D1, D2, D3, D4, D5 D2 Priority Pollutant Analysis Footnote 2 Monthly Hardness -Total as [CaCO3 or (Ca + Mg)] mg/L Grab U1 Page 9 of 32 Permit NC0004308 Footnotes: 1. U1-.Little Mountain Creek Upstream of the Alcoa -Kadin landfill, D1- Little Mountain Creek downstream from Alcoa-Badin landfill before the unnamed tributary confluence, D2 - Little Mountain Creek downstream from NC 740, D3 - channel below west toe drain, D4- channel below middle toe drain, D5 - channel below east toe drain. 2. One Priority Pollutant Analysis shall be performed during the time of the study. The Priority Pollutant Analysis consists of the 126 pollutants included in Appendix A to 40 CFR 423 as listed in special condition A.(9)(a). (c.) No latex than 90 days after completion of the study the permittee shall submit a report to the Division summarizing all data collected. The permit may be reopened to revise monitoring, and/or require remediation actions based on the results of the monitoring study. The report shall be submitted to: Division of Water Resources Water Quality Permitting Section - NPDES Complex Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Page 10 of 32 Permit NC0004308 A. (9.) PRIORITY POLLUTANT ANALYSIS [G.S.143-215.1(b)] (a.) By November 1, 2018 the permittee shall submit the result of a priority pollutant scan for each of the following outfalls: 005, 011, 012, 013, 018 and 022. The pollutant analysis shall consist of the 126 pollutants included in Appendix A to 40 CFR 423 and listed in the following table: Acena hthene Acrolein Acrylonitrile Benzene Methylene chloride Vinyl chloride Methyl chloride Aldrin Methyl bromide Dieldrin Bromoform Chlordane Benzidine Dichlorobromomethane 4A-DDT Carbon tetrachloride Chlorodibromomethane 4,4-DDE Chlorobenzene Hexachlorobutadiene 4,4-DDD 1,2,4-trichlorobenzene Hexachlo cIo entadiene Al ha-endosuifan Hexachlorobenzene Iso horone Beta-endosulfan 1,2-dichloroethane Naphthalene . Endosulfan sulfate Endrin 1,1,1-trichloreothane Nitrobenzene Hexachloroethane 2-nitro henoI Endrin aldehyde 1,1-dichIoroethane 4-nitro henol 2,4-dinitro henol Heptachlor Heptachlor epoxide 1,1,2 triddoroethane t,1,z,2-tetrachloroethane 4,6-dinitro-o-cresol AI ha-BHC Chloroethane N nitrosodimeth ylamine Beta-BHC Bis 2-chloroeth ,I ether N-nitrosodi hen lamine Gamma-BHC 2-chIcroeth 1 vinyl ethers N-nitrosodi n- ro ]amine Delta-BHC 2-chlorona hthalene 2,4,6-trichloro phenol I Pentachloro henoI Phenol PCB-1242 Arochlor 1242 PCB-1254 Arochlor 1254 Paiachlorometa cresol Bis(2-eth thephthalate PCB-1221(Arochlor 1221 Chloroform Butyl benzvl hthalate PCB-1232 Arochlor 1232 2-chlorohenol Di-N-Butyl Phthalate PCB-1248 Arochlor 1248 1,2-dichlorobenzene Di-n-octyl phthalate PCB-1260 Arochlor 1260) 1,3-dichlorobenzene Diethvl Phthalate PCB-1016 Arochlor 1016) 1,4-dichlorobenzene Dimethyl phthalate Toxa hene 3,3-dichlorobenzidine benzo(a) anthracene Antimony 1,1-dichloroethvlene 1,2-trans-dichloroethvlene Benzo a vrene Benzo b' fluoranthene Arsenic Asbestos 2,4-dichloro phenol Benzo'k) fluoranthene Beryllium 1,2-dichloro ro pane Chrysene Cadmium 1,3-dichloropropylene Acena hthvlene Chromium 2,4-dimethylphenol 2,4-dinitrotoluene 2,6-dinitrotoluene Anthracene hi) perylene Fluorene Copper Cyanide, Total Lead 1,2-di henylhydrazine Phenanthrene Mercury Ethvlbenzene _ Fluoranthene Dibenzo ,h anthracene Indeno (1,2,3-cd) rene Nickel Selenium 4-chlorophenyl phenyl ether F ti,rene Silver Page 11 of 32 Permit NC0004308 7 (b.) This permit may be reopened to implement limits or monitoring requirements based on the results of the pollutant analysis. SECTION B - STORMWATER MANAGEMENT REQUIREMENTS [G.S. 143-215.1 (a) et seq., 15A NCAC 02H .0126 et seq.] B-(L) STORMWATER MONITORING REQUIREMENTS - Outfalls 002, 004, 017 & 020 During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge stonnwater at Outfalls 002, 004, 017, and 020. Such discharges shall be controlled, limited, and monitored as specified in this permit 1. Anal 'cal Monito ' Analytical monitoring of stormwater discharges shall be performed as specified below. All analytical monitoring shall be performed during a measureable storm event. A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for Iocal storm events during the sampling period, and the permittee obtains approval from the local DEMLR Re_ 'onal En, ineer See Definitions). Discharge Characteristics Units Measurement Sample Sample Frec uenc�•1 Tv e2 Loeation3_ Total Suspended Solids (TSS) mg/L se"i-annual Grab SDO Chemical Oxygen Demand (COD) mg/L semi-annual Grab SDO Aluminum, Total Recoverable mg/L semi-annual Grab SDO Total Cyanide mg/L semi-annual Grab SDO Total Fluoride mg/L semi-annual Grab SDO Total Rainfall¢ inches semi-annual Rain _ Gauge + Footnotes: 1. Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly sampling) during a measureable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit by DEMLR. Page 12 of 32 Permit NC0004308 2. Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalis prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30 minutes, and shall continue until completed. 3. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of DEMLWs letter granting ROS shall be kept on site. 4. For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. The permittee shall complete the analytical samplings in accordance with the schedule specified below, unless adverse weather conditions prevent sample collection. A minimum of 60 days must separate Period 1 and Period 2 sample dates, unless monthly monitoring has been instituted under a Tier Two response. inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part II, Section D). However, for purposes of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first sample with valid results within the monitoring period. Monitoring Schedule Monitoring period1z Sample Number Year 1- Period 1 1 Year 1- Period 2 2 Start End January 1, 2018 June 30, 2018 July 1, 2018 January 1, 2019 December 31, 2018 June 30, 2019 Year 2 - Period 1 3 Year 2 - Period 2 14 July 1, 2019 December 31, 2019 Year 3 - Period 1 5 January 1, 2020 June 30, 2020 Year 3 - Period 2 6 July 1, 2020 December 31, 2020 Year 4 - Period 1 7 8 January 1, 2021 July 1, 2021 June 30, 2021 December 1, 2021 Year 4 - Period 2 Year 5 - Period 1 9 Year 5 - Period 2 10 January 1, 2022 June 30, 2022 December 1, 2022 July 1, 2022 Footnotes: 1. Maintain semi-annual monitoring until either another permit is issued for this facility or until this permit is revoked or rescinded. The permittee must submit an application for renewal of coverage before the submittal deadline (180 days before expiration) to be considered for renewed coverage under the permit. The permittee must continue analytical monitoring throughout the permit renewal process, even if a renewal permit is not issued until after expiration of this permit. 2. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period. Failure to monitor semi-annually per permit terms may result in DEMLR requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an outfall during a monitoring period does not constitute failure to monitor, as Iong as it is properly recorded and reported. Page 13 of 32 Permit NC0004308 The permittee shall compare monitoring results to the benchmark values below. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One, Tier Two, and Tier Three response actions. In the event that DEMLR releases the permittee from continued monthly monitoring and reporting under Tier Two or Tier Three, DEMLR's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. Benchmark Values for Discharge Characteristics Total Suspended Solids (155) Chemical Oxygen Demand Aluminum, Total Recoverable Total Cyanide Total Fluoride Units mg/L 100 mg/L 120 mg/L 0.75 mg/L 0.02 mg/L 6 Benchmark The benchmark values above are not i permit limits but should be used as guidelines for implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value is not a permit violation; however, failure to respond to the exceedance as outlined in this permit is a violation of permit conditions. Tier One If: The first valid sampling results are above a benchmark value for any parameter at anv outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedance. 3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern 4. Implement the selected feasible actions within two months of the inspection. 5. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. 6. Note: Benchmark exceedances for a different parameter serarate1v triever a tiered response. Page 14 of 32 Permit NC0004308 Tier Two If: The first valid sampling results from two consecutive monitoring periods are above the benchmark values for any specific parameter at aspecific discharge outfall; Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall conduct monthly monitoring at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values or within benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional Engineer may direct the response actions on the part of the permittee as provided in Tier Three, including reduced or additional sampling parameters or frequency. 5. Maintain a record of the Tier Two response in the SPPP. 6. Continue Tier Two res; -onse obligations throughout the permit renewal process. Tier Three If: The valid sampling results required for the permit monitoring periods exceed the benchmark value for any specific parameter at any specific outfali on four occasions, the permittee shall notify the DEMLR Regional Engineer in writing within 30 des of receipt of the fourth analytical results; -- - Them The Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters herein; • require sampling of additional or substitute parameters; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion; • re :uire the ermittee to continue Tier Three ob11-Ations throueh the vermit renewal r'rocess. 2. Qualitative Monitoring Requirements The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status. Qualitative monitoring shall be performed semi-annually as specified below, and during required analytical monitoring events (unless the permittee is required to perform further qualitative monitoring per the Qualitative Monitoring Response, below). Inability to monitor because of adverse weather conditions must be documented in the SPPP and recorded on the Qualitative Monitoring Report form (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with industrial activity must be monitored (See Definitions). Page 15 of 32 Permit NC0004308 In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Qualitative Monitoring Requirements Discharge Characteristics Frequencyl semi-annual semi-annual Monitoring Location2 Color SDO Odor SDO Clarity semi-annual SDO Floating Solids semi-annual SDO SuTLnded Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1. Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this permit prompt monthly monitoring. See schedule of monitoring periods through the end of this permitting cycle. The permittee must continue qualitative monitoring throughout the permit renewal process until a new permit is issued. 2. Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective action, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response, below. A written record of the permittaee's investigation, evaluation, and response actions shall be kept in the SPPP. Page 16 of 32 Permit NC0004308 Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential sources of stormwater pollution, and prompting the pernnittee's response to pollution, If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, DEMLR may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for some or all parameters (analytical or qualitative) • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures, • require the permitlee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the peruddee imtlement site modifications to qualihv for a No Exposure Exclusion. Page 17 of 32 Permit NC0004308 B.(2.) STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by DEMLR. The SPPP is public information in accordance with Part II, Standard Conditions, Section E Paragraph 10 of this permit. The SPPP shall include, at a minimum, the following items: 1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site Overview shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters; the name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the points of stormwater discharge associated with industrial activity. The general location map (or alternatively the site map) shall identify whether any receiving waters are impaired (on the states 303(d) list of impaired waters) or if the site is located in a watershed for which a TMDL has been established, and what the parameters of concern are. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the stormwater discharge outfalls; all on -site and adjacent surface waters and wetlands; industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads); site topography and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. If non-stormwater discharges are present, the permittee shall identify the source and record whether the discharge is otherwise permitted (by rule or a different permit). The permittee shall evaluate the environmental significance of the non-stormwater discharges and include a summary written record with the certification. The certification statement and summary written record shall be retained with the SPPP, and shall be dated and signed in accordance with the requirements found in Standard Conditions for NPDES Permits, Part II, Section B.11(b). (f) If a permanent source of non-stormwater flow is identified in accordance with B. (2)1. (e) the permittee shall notify DWR and DEMLR. The notification must include a description and frequency of discharge for the identified non-stormwater flow. The notification must be submitted to the following addresses: Page 18 of 32 Permit NC0004308 DWR/NPDES Complex Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 DEMLR / Stormwater Permitting Program 1612 Mail Service Center Raleigh, NC 27699-1612. 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to rainfall and run-on flows. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, this review shall document the feasibility of diverting the stormwater run-on away from areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk stora a of l' uid materials,• storage in an , amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in anv amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism). Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (5) years. For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have increased potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may Page 19 of 32 Permit NC0004308 not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall address all stormwater control systems (if applicable), stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution where not already addressed under another element of the SPPP. Inspection of material handling area and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP. 5. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring at the ouWls required in Part I Section B.(1.). 6. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. The facility personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. 8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction;, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include: (a) an updated list of significant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred (element of the Site Overview); (b) a written re -certification that the stormwater ouWls have Veen evaluated for the presence of non- stormwater discharges (element of the Site Overview); (c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs (BMP Summary element of the Stormwater Management Strategy). (d) a review and comparison of sample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status.- The permittee shall use the Annual Summary Data Monitoring Report (DMR) form, available from the DEMLR Stormwater Permitting Program's website (See `Monitoring Forms' here: hgp:l // +ortal.ncdenr,or web Iri n des-stormwater). The Director may notify the permittee when the SPPP does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to Page 20 of 32 Permit NC0004308 the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide certification in writing in accordance with Part 11, Standard Conditions, Section B, Paragraph 11 to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater. Implementation of the SPPP shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five (5) years and made available to the Director or the Director's authorized representative immediately upon request. B.(3.) STORMWATER DEFINITIONS 1. Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with your SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant DMR. 2. Allowable Non-Stormwater Dischar es Non-stormwater discharges which shall be allowed in the stormwater conveyance system include: a. Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, wafter from footing drains, flows from riparian habitats and wetlands. b. Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or eye wash as a result of use in the event of an emergency. 3. Best Management Practices, BMPs � Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: .11.; i etl7ub.elia.g_ov/ppdes/stormwate., menuofbmf�slindex.cfm. 4. ftass (stormwater] A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 5. Bulk Storage of Liquid Products Liquid raw materials, intermediate products, manufactured products, waste materials, or by- products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 6. DEMLR The Division of Energy, Mineral, and Land Resources. Page 21 of 32 Permit NC0004308 7. 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. 8. Measureable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two copies of this information and a written request letter shall be sent to the local DEMLR Regional Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on site in the pem-dttee's SPPP. 9. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products [40 CFR 122.26 (b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). 10. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 11. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the Division may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 12. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain the 25-year, 24-hour storm event. 13. Section 313 Water Priori!); Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and c. Meets at least one of the following criteria: i. Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. Page 22 of 32 Permit NC0004308 14. Si nlificant 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. 15. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CPR 302.4). 16. Stormwater Discharge OutfalI jSDQ The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 17. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt 18. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 19. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 20. Total Maximum Dail• Load (TMDL) TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant A list of approved TMDLs for the state of North Carolina can be found at http;//portal.ncdenr.org6web/`wgj2s/mtu/tmdl. 21. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 22. 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. 23. 25-year, 24 hour Storm Event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Page 23 of 32 Permit NCO004308 SECTION C - SPECIAL CONDITIONS C. (1.) ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (Quarterly; Outfall 005) [15A NCAC 02B .0200 et seq.] The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the North Carolina Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A Single Effluent Concentration" (Revised December 2010 or subsequent versions). The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24 hour 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). The tests will be performed once during each calendar quarter (January -March, April -June, July -September and October -December). Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGE6C. Additionally, DWR Form AT-2 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Aquatic Toxicology Branch, Water Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Aquatic Toxicology 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 Section at the address cited 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. Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three month time interval that begins on the first day of the month in which toxicity testing is required by this permit and continues until the final day of the third month Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. Page 24 of 32 Permit NC0004308 If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation & reporting of the data submitted on the DMR & all AT Form submitted. 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. C. (2.) ACUTE TOXICITY MONYFORING (Quarterly; Outfalls 011, 013 and 022) [15A NCAC 02B .0200 et seq.] The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined as definitive in E.P.A. Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater .and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour static test. Effluent samples for self -monitoring purposes must be obtained during representative effluent discharge below all waste treatment. The tests will be performed on a discharge event during each calendar quarter (January -March, April-june, July -September and October -December). The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DWR Form AT-1(original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Aquatic Toxicology Branch, Water Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Aquatic Toxicology 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 quarter 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 test data from this monitoring requirement or tests performed by the North Carolina Division of Wafter Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Page 25 of 32 Permit NC0004308 C. (3.) CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (Quarterly; Outfall 012) [15A NCAC 02B .0200 et seq.] The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 3.8 % at Outfall M2. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure' (Revised -February 1998) or subsequent versions. Effluent samples for self -monitoring purposes must be obtained during representative effluent discharge below all waste treatment. The tests will be performed once during each calendar quarter (lanuary-March, April June, july-September and October -December). If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure' (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure' (Revised -February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP311 for the Chronic Value. Additionally, DWR Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Aquatic Toxicology Branch, Water Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Aquatic Toxicology Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a quarter 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 the Permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Page 26 of 32 Permit NC0004308 C. (4.) ACUTE TOXICITY MONITORING (Annual; Outfal1019) [15A NCAC 02B .0200 et seq] The permittee shall conduct annual toxicity tests using protocols defined as definitive in E.P.A. Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour 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 toxicity test must be performed by June 30. Should there be no discharge of flow from the facility during the six month period January 1 June 30, 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 in the comments section indicate "No Flow for January 1-June 30, f calendar year)." The report must be signed and submitted to the Environmental Sciences Section at the address noted below. If no discharge event occurs from January 1-june 30, yet a discharge event occurs from July 1-December 31, then the facility must perform toxicity monitoring and report the data as noted below. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DWR Form AT-1(original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Aquatic Toxicology Branch, Water Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Aquatic Toxicology 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 any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. C. (5.) PERMIT REOPENER [G.S.143-215.1(b)] The permitttee shall notify the Division if any industrial activity is proposed to take place at the facility which changes the characteristics of the wastewaters as authorized in this permit or adds additional sources of wastewater. A notification shall be submitted to the Division describing the new activities and expected wastewater characteristics 90 days prior to proposed start of operations. Page 27 of 32 Permit NCO004308 C. (6.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S.143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Re o Requirements ISRpersedes Section D. (2.1 and Section E. 5. a The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1,1.1; 2,3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: Sewer Overflow/Bypass Event Reports; Pretreatment Program Annual Reports; and Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). Page 28 of 32 Permit NC0004308 2. Electronic Submissions In accordance with 40 CFR 122.410)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permtteee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: titles:) lwww-federalregister.govi aocumentsi Luis; 1U, 1LI1U15-14`J54i natlOnal-I)OU11tant-dIScnar +� elimination-s}-stem-npdes-electronic-reMr#n&-rule Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDM[R and the application for a temporary electronic reporting waiver are found on the following web page: , dN.nc.kovlaboutdivisions/ water-resources/edmr 4. Sigpatoq Reg uirements (Supplements Section B. (11.) (b)_and Supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: httP: I deq.nc.t;ovj about/ divisions/water-resources/ edmr Page 29 of 32 Permit NCO004308 Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of Iaw, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 5. Records Retention [Supplements Section D. t 6., i The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CPR 122.41]. C. (7.) MIXING ZONE (Outfall 012) (a.) The permittee shall update the mixing zone analysis for the diffuser at outfall 012 no later than November 1, 2019 to verify dilution under current conditions. The mixing zone study shall incorporate background data for cyanide, TCE and fluoride. A Mixing Zone Analysis report shall be submitted to the Division within 90 days of completion of the study. The report shall include a summary of all data collected, model setup and input and model results and shall be submitted to the following address: Division of Water Resources NPDES Complex Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The Division may reopen this permit to implement modified limits as a result of the mixing study. (b.) Sampling within the mixing zone shall be collected as follows: PARAMETER MONITORING REQUIREMENTS Measurement Sample FrequencyT e Sample Location i )H Monthly Grab MZ1 Total C��anide Monthl • Grab MZ1 Total Fluoride Monthly Grab MZ1 Trichloroethylene (TCE) Monthly Grab MZ1 1. MZ1- Lake Badin 5 feet from the diffuser on a parallel line projected from the diffuser. Sampling results shall be reported in the DMRs. See special condition C. (6.) Page 30 of 32 PerxWt NC0004308 Badin Business Park — Staniy County Receiving Stream: Badin Lake (Yadkin River) and UT to Little Mountain Creek Stream Classification: WS-IV CA & B and WS-IV Rtiver Basin: Yadkin/Pee Dee Sub -Basin #: 03-07-08 USGS Quad *: F18NE, F18NW Badin & New London, NC Location Map N� - Permit NC0004308 Table 1.Outfall Locations j Outfall Latitude Longitude 002 350 24' 30" 80° 6' 57" 004 350 24' 13" 80° 7' 12" 005 350 24' 8" 80° 7' 17" 011 350 24' 42" 800 6' 55" 012 35° 24' 42" 800 6' 55" 013 35° 24' 52" 800 7' 4" 017 350249 8" 800 7' 17" 018 350 24' 13" 800 7' 33" 019 350 24' 51" 800 6' 19" 020 350 24' 33" 800 6' 59" 022 350 24' T' 800 7' 24" Table 2. Instream Monitorine Locations Outfall Latitude Lorketude U1 35° 24' 14" 800 7' 40" D1 350 24' 05" 800 7' 27" D2 350 24' 01" 80° 7' 19" D3 350 24' 06" 800 7' 28" D4 35° 24' 07" 80° 7' 29" D5 350 24' 07" 800 7' 30" Page 32 of 32 NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period, 3/W k Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period - Act or "the Act" The Federal Water Pollution Control Act, also lmown as the Clean Water Act (CWA), as amended, 33 USG 1251, et. seq. Annual Aver& - e The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. ftass The lmown diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Da The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar:!uarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version II/09/2011.1 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant timetconstant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Pemuttees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharee The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Dail. Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for anypermit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission LEA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of"0" (or "< [detection Ievel]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011.1 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Avera�:e tconcentration Emit; The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuin.: Authori- . The Director of the Division of Water Resources. Quarterly Average ( concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekl Avera:: a !`concentration limit The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. GeneraI Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, nevoaation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.411. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWrt within the time pro►ided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates sections] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any perrnil condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 303, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any acquirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 11/0 OII.I NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 309, 318 or 405 of the Act or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both An organization, as defined in section 309(c)(3)(3)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122A I (a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class 11 violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $177,500. [33 USC 1319(gx2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimJze or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liabilit�, Except as provided in permit conditions on "Bypassing" (Part 11.C.4), "Upsets" (Part II.C.5) and'Tower Failures" (Part 11.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 Pcm"ttee 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 Liabiliv. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act; 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version I MON011.1 NPDES Permit Standard Conditions Page 5 of 18 7. Severabilit► The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall finnish 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 fiimish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reaanly If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (Me Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Si ng story Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority'[40 CFR 122.221 Version 1110912011.1 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: ff an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 'T certify, underpenalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that quaked personnel properly gather and evaluate the information submitted. Based on my inquiry of theperson orpersons 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. lam aware that there are significant penalties for submitting false information, including the possibility offines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administerine and Compliance Monitoring Fee Re uirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operators) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year, and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: D receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Verskm 1110912011.1 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Backup ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class 11, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(mx3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severeproperty damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 10912011.1 NPDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)1: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated, and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part ILB.2. of this permit. c. Burden of proof (40 CFR 122.41(n)(4)] - The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria, For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitorm and Records I. Representative Samr lim Samples collected and measurements taken, as required herein, shall be representative ofthe permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41(j}]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alterative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 11/09/2011.1 NPDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that We of device. The Director shall approve the flow measurement device and monitoring location prior to installation, Chace -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41 ]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Per mittee'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 Pemmittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at Ieast 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1W912011.1 NPDES Permit Standard Conditions Page 10 of 18 7. Record'RecordinLResults For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 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 maybe required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E R ortin Re uirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Chanv es The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effiuent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61) or state statute. Version 1 i/09/2011.1 NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.S and 6. of thus permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part U.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.410)(8)]. Noncom; ••fiance 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: Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a purnping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons repotting such occtrrrettces by telephone shall also file a written report within 5 days following first knowledge or the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availabiliov of Reports Except for data detenn ned to be confidential under NCGS 143-2I5.3 (a)(2) or Section 308 or 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. As required by the Act, effluent data shall not be considered confidential. Knowingly malting any false statement on any such report may result in the imposition of criminal penaltics as provided for in NCGS 143- 215.I(b)(2) or in Section 309 of the Federal Act. Version 11/09/2011.1 NPDES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Re iorts Peimittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permtttee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the planVs treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitorin The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Channes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg(L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Rey; uirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 11/09/2011.1 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTWs if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTWs, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW � A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Siimificant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement, or the POTWs effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTWs sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement, the POTWs effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTWs sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version i 1A)W011. I NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee`s discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction ofpollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the, presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011.1 NPDES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.446)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Proerams Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. (40 CFR 122.440)(2)l The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. I. Sewer Use Ordinance � SUO The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [I 5A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey JWS, The Pemuttee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.446)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SILT. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring- Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and ILE.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Anat�sis HWA: and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 11/09/2011.1 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit MR) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215. 1 (a)(8)] POTW inspection & Monitoring of their lUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [I5A NCAC 02H .0908(e); 40 CFR 403.8(1)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (S1Us) at least once per calendar year; b. Sample all Significant Industrial Users (SlUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant 8. IUSelfMonitorin andReportin<< The Permittee shall require all industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.446)(2) and 40 CFR 403.121 9. Enforcement Response Plan f ERP 1 The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR. 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(0(5)] 10. Pretreatment Annual Re its i PAR The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. in lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 11/09/2011.1 NPDES Permit Standard Conditions Page 18 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, -by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; In. Pretreatment Program Summary. PPS) A pretreatment program summary (PPS) on fors or in a format provided by the Division; c. S_. imificant Non -Compliance Report (SNCR� A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms [IDSF, Monitoring data from samples collected by both the POTW and the Significant Industrial Users (Sl Us). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of Ns in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit, 11. Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permitteds Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Prop- ram Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Progyams Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907_ Version 1W912011.1 DEQ/DWR AMENDED FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NC0004308 Faciliry Information A licant(Facilit y Name: Badin Business Park LLC, (f erl Alcoa Inc.)/Alcoa Badin Works Aeplicant Address: PO Box 576, Badin, NC 28009 Facility Address: NC Hwy 740 & NCSR 1719, Badin NC Permitted Flow: N/A Type of Waste: Stormwater, groundwater and fire protection water Facility/Permit Status: Renewal/Inactive Industrial Site Receiving Streams: 303(d) Listed? HUC: State Grid / USGS Quad: SUMMARY Miscellaneous Badin Lake UT Little Mountain Creek Yes 03040103/03040104 F18NE, F18NW Badin & New London, NC Stream �WS-IV B CA (Badin Lake) Classification: WS-IV (UT Little IMountain Creek E Regional Office- Mooresvil Permit Writer: Teresa Ro Date: 3/31/2017 Alcoa Inc. submitted a permit renewal application on August 30, 2012 for the Badin Works facility. The current permit expired on February 28, 2013. Additional information on the permit application was received on June 14 and August 26, 2013. This is a wastewater and stormwater permit developed jointly with the Stormwater Permitting Program, Division of Energy, Mineral and Land Resources (DEMLR). The Badin Works facility was operated as an aluminum smelter facility (SIC codes 3334 and 3365) until July 2007 when it ceased operations. The facility no longer has discharges of process wastewater or ancillary wastewaters. Domestic wastewaters are discharged to the Town of Badin W WTP. Some of the buildings at the site have been demolished. Alcoa plans to redevelop the property for future industrial uses. At present there is an electronic recycling facility operating at the site that doesn't contribute any wastewater or stormwater discharges. Although the industrial operations ceased at the site, previous activities contribute to pollutants of concern in the stormwater and/or groundwater runoff. Stormwater runoff and infiltrated groundwater drains from the site through 10 outfalls. In addition, occasional fire protection water is discharged through some of the. outfalls. Table 1 presents a description of all the outfalls. The site includes two offsite closed landfills, the Alcoa Badin Landfill (SWMU # 2) and the Old Brick Landfill, SWMU #3 (Outfall 019). Seepage from SWMU #2 used to be discharged through outfalI 021. The seeps were connected to a pump station and rerouted to the Badin WWTP. Outfall 021 was eliminated and closed. Seepage from SWMU #3 was previously discharged through Outfall 019. In 2007 SWMU #3 was covered with a compacted low permeable clay layer, a synthetic membrane liner and a grass cover. A drainage system with toe -drains was installed over the liner to collect stormwater that infiltrates through the grass cover. The stormwater that drains from the drainage system is collected in a retention pond designed to infiltrate the collected water to the subsurface. Outfall 019 was retained for the discharge of overflow from the retention pond. Alcoa is currently conducting a Corrective Measures Study to address contaminated groundwater at the site as required by the facility's RCRA permit. The Division of Waste Management is overseeing the NC0004308 Fact Sheet Page 1 of 21 development of this study. At this time Alcoa has not yet identified measures to treat the contaminated groundwater. Phase III of the study identified cyanide and fluoride as constituents of concern, in addition trichloroethene (trichloroethylene; TCE) was detected in the groundwater at concentrations in excess of the water quality standard along the northeast side of the plant site. The water quality standard for trichloroethene is 2.5 µg/1, concentrations detected in the groundwater range from 19 to 86 µg/l. The area where the trichloroethene was identified drains through outfalls 011 and 012. To evaluate if the groundwater discharged from these outfalls is contaminated monitoring and limits for trichloroethene will be included for outfalls 011 and 012. RECEIVING STREAMS Outfalls 002, 011, 012, 013, 020, and 019 discharge to Badin Lake, classified WS-IV, B, CA waters in the Yadkin -Pee Dee River Basin, RUC 03040103. Badin Lake is listed in the 2012 303(d) list as impared for fish consumption for PCB. Alcoa completed a PCB remediation project in Badin Lake in January 2013. The project consisted of the installation of a cap over the contaminated sediment. The Lake and Reservoirs Assessment for the Yadkin Pee Dee River Basin, March 2012, describes conditions in Badin Lake. Badin Lake was sampled in 2011 for water quality parameters: DO, temp, pH, total nitrogen, ammonia, total phosphorus and chlorophyll -a. DO was below the water quality standard in September and pH was above the water quality standard in June. Outfalls 004, 005, 017, and 018 discharge to a UT of Little Mountain Creek classified as WS-IV waters in the Lake Tillery — Pee Dee River watershed, HUC 03040104. Little Mountain Creek is listed as impaired for poor bioclassification. NC0004308 Fact Sheet Page 2 of 21 OUTFALLS DESCRIlyrION Table 1. Outfalls Mscri31 tion Outfall ID Outfall Description 002 Prior to 2007 2007 After production shutdown Non -contact cooling waters, groundwater, stormwater and fire protection water. Stormwater, groundwater, fire protection water, and non -contact cooling and make-up water. If the discharge consisted of only stormwater the outfall was designated as S02. Receiving Stream IWC Badin Lake 100 % (Yadkin River) Latitude: 35024' 30" Longitude: 800 6' 57" 2013 Application Stormwater only 004 Prior to 2007 Non -contact waters, stormwater, groundwater, fire _ UT to Little protection water Mountain Creek 2007 After production Fire protection water, groundwater and stormwater shutdown runoff. Latitude: If the discharge consisted of only stormwater the outfall 35" 24' 13" was designated as SO4. Longitude: 800 7' 12" 2013 lication Prior to 2007 Stormwater only Non -contact cooling waters, compressor condensate, UT to Little 005 groundwater, stormwater and fire protection water. Mountain Creek 100% Latitude: After production shutdown Fire protection water, groundwater, stormwater runoff 350 24' 8" (2007) and non -contact cooling water. If the discharge consisted of only stormwater the outf al was designated Longitude: as S05. 800 7' IT' 2013 Application Groundwater,'stormwater and fire protection water Oil Prior to 2007 Overflow when outfall 012 exceeds diffuser capacity Badin Lake 100 % (see 012 description) (Yadkin River) After production (2007) 2013 Application 012 Prior to 2007 (diffuser) After production shutdown (2007) 2013 Application Latitude: 350 24' 42" Overflow when outfall 012 exceeds diffuser capacity (see 012 description). If the discharge consisted of only Longitude: stormwater the outfall was designated as S11. 800 6' 55" 012 overflow - Stormwater, groundwater and fire protection water. Non -contact cooling waters, compressor condensate, Badin Lake 4% steam condensate. Area included the Alcoa landfill. (Yadkin River) (chronic) Latitude: 7% Fire protection water, groundwater and stormwater 350 24' 42" (acute) runoff, non -contact cooling water condensate. Stromwater from the former SWMU #22 area was Longitude: rerouted to this outfall in 2010. If the discharge 800 6' 55" consisted of only stormwater the outfall was designated as S 12. Stormwater, groundwater and fire protection water. NCOON308 Fact Sheet Page 3 of 21 013 Prior to 2007 After production shutdown (2007) 2013 Applic: Prior to 2007 After production shutdown (2007) 2013 Application 017 Past and current 019 Past and current 020 Past and current Stormwater, spring water, and groundwater drainage Badin Lake from an area that includes a former Alcoa landfill site (Yadkin River) (SWMUs #1 & 22). Latitude: Stormwater, spring water and groundwater In order to 35024' 5T' eliminate the potential for discharge of contaminants from the SWMU #22 (Scrap Yard), Alcoa capped the Lo ;Loud Longitude: e: area and provided diversion structures to isolate the site 7'ngit from any run-on flows. In 2010 the drainage channels were lined, a barrier was installed in the roadway and parking area, seal joints, and the stormwater flow from the former SWMU #22 was rerouted to outfall 012. In 2011 Alcoa permanently removed and orphan line to outfall 013 that was suspected of contributing fluoride to the discharge. Stormwater, spring water and groundwater Groundwater seepage from Old Brick Landfill and Badin Lake stormwater (Yadkin River) In 2 007 a new lining cover was installed over the Latitude: landfill, a drainage system was installed over the landfill 350 24' 51" cover. Stormwater draining from the grass surface and the cover drainage system are collected in a retention Longitude: pond. The overflow from the pond is discharged through 800 6' 19" outfa11019. If the discharge consisted of only stormwater the outfall was designatedasS19. Pond overflow from the landfill cover drainage system collection pond. (No contact with the landfill material) Stormwater runoff Stormwater runoff Stormwater runoff NC0004308 Fact Sheet Page 4 of 21 1100 % 100% UT to Little 100% Mountain Creek Little Mountain 100% Creek Lake 1 100% PERMIT LIMITS DEVELOPMENT: Cyanide and fluoride are parameters of concern (POC) due to historical operations at the site. Applicable freshwater chronic water quality standards are 5 µg/l for cyanide and 1.8 mg/1 for fluoride. The Division has not adopted acute water quality standards for either of these POC. By federal regulations the Division has to implement limits to protect for both acute and chronic impacts. Acute limits are determined using the % Final Acute Value (FAV). In 2000 the Division calculated Y2 FAV for cyanide as 22 µg/1 for trout waters and 46.6 4g/1 for non -trout waters. The Division proposes to use the non -trout value of 46.6 µg/l as the acute value for cyanide. At the time the current fluoride water quality standard of 1.8 mg/l was calculated, the Division also calculated a %z FAV of 7.8 mg/1 for trout waters and 23.9 mg/l for non -trout waters. The Division proposes to use 24 mg/1 as the acute value for fluoride. Table 2. Water Quality Criteria POC % Final Acute Chronic Values on -Trout Criteria Cyanide 46.6 pgA 5 pgA Fluoride 24 mg/l 1.8 m The existing limit for cyanide of 434 µg/1 daily maximum at outfall 012 was derived using a'/a FAV of 31 µg/l which was the number calculated at that time using the most current data. Since the diffuser was designed to achieve an initial dilution of 14:1 the dilution factor of 14 was applied to the % FAV to arrive at the daily maximum limit. The diffuser at outfall 012 extends 300 feet from shore at a depth of approximately 20 feet with one port 1.5 inch in diameter. The Division ran a CORMIX model in 1994 using these design parameters. The diffuser provides rapid mixing within a short distance of the outfall. The initial dilution is 14:1 which was used to determine acute limits. No chronic limits were established in the previous permit. As per 40 CFR 122.35 NPDES permits must have both monthly average limits and daily maximum limits. The Division proposes to implement both daily max and monthly average limits using initial dilution of 14:1 to determine acute limits and 26:1 to determine chronic limits. Table 3. CORMIX Results Distance from Dilution 1WC outfall 0.7 ft 14:1 7 % 2.6 ft 26:1 3.8 % Using the applicable dilution factors and i6 FAVs the proposed limits for outfall 012 are as follows: Cyanide: Daily maximum limit. use current limit of 434 µg/l Monthly average limit = 5 x 26 = 130 µg/l Fluoride: Allowable daily maximum limit = 24 x 14 = 336 mg/l Allowable monthly average limit =1.8 x 26 = 46.8 mg/1 Reasonable potential analysis evaluation for outfall 012 resulted in no reasonable potential to exceed these limits therefore only monitoring will be required. For remaining outfalls the proposed limits are based on the water quality standard and the''/z FAV without the benefit of dilution. Cyanide: Daily maximum limit = 46.6 µg/l NC0004308 Fact Sheet Page 5 of 21 Monthly average limit = 5 µg/l Fluoride: Daily maximum limit = 24 mg/1 Monthly average limit =1.8 mg/1 Total Residual Chlorine: State water quality standard 17 µg/l DATA REVIEW AND MONITORING REQUIREMENTS DMR data from January 2009 to March 2014 were reviewed. The current permit identifies each outfall with two outfall numbers depending on the type of discharge: 1) stormwater and groundwater combined with non -contact water and fire protection water or 2) stormwater. Requirements were different if the discharge was stormwater or groundwater/non-contactlstormwater. Outfalls denoted with S and the outfall number, i.e. Outfall SO4, means that the discharge monitored was stormwater related. Outfall 002 and Outfall 004: Table 4. Outfall 002 DMR Data Summary Parameter Flow Temperature pH TSS Total Fluoride TRC Units MGD °C SU mg/1 mg/l µg/1 Limit/Monitor Monitor Monitor 6-9 30/60 Monitor Monitor Fr�ec uenc_y Weekly 2 x month 2 x month 2 x month Monthlv Monthly T'Q — 1.8m/1 17�t/7 Average 0.029668 17.9 7.3 6.7 2.7 62.5 Max 0.252 29.1 8.9 45 9.6 261 Min 0.000014 5.9 6.1 < 5 < 1 < 10 # samples 334 110 119 103 62 51 Table 5. Outfall SO4 DMR Data Summary Total Parameter Flow TSS Aluminum Units MGD mg/1 mgll Limit/Monitor Monitor Monitor Monitor Fregaenev semi-annual semi-annual semi-annual W-OS Total Cyanide µ9/1 Monitor semi-annual Total Fluoride mg/1 Monitor semi-annual 5 lue 1.8 Average 0.053211 5.6 2.6 6 11.2 Max 0.448 8.5 5.5 10 17 Min 0.0008 < 5 0.68 < 5 6.2 # samples 44 7 10 9 8 Proposed changes Outfalls 002 and 004: These outfalls no longer discharge groundwater, only stormwater is discharged. To maintain consistency with NPDES stormwater permitting practices these two outfalls will be moved to the stormwater section with outfalls 017, 018 and 020. Outfall 005: Compliance: A Notice of Violation (NOV) was issued for an exceedance of the daily maximum limit for pH in December 2012. The permit requires chronic toxicity at 90%. Three toxicity failures were reported NC0004308 Fact Sheet Page 6 of 21 one in 2012 and two in 2013. 48 out of 51 samples for cyanide were above the water quality standard. 45 out of 50 samples were above the water quality standard for fluoride. RPA was performed for fluoride and cyanide. Both parameters have reasonable potential to exceed the water quality standards. Table 6.Outfall 005 DMR Data Summa Total Total Total Parameter Flow TSS Temp pH TRC Aluminum Cyanide Fluoride Units MGD mg/1 °C SU µg/1 mg/l 99/1 mg/l Limit/Monitor Monitor 30160 320C 6-9 Monitor Monitor Monitor Monitor Frequenc ,, Weekl, - - 2/Month 2/Month 2/Month Monthlv Monthl\ Monthl; Monthly WQS 17 p&17 5 E&II 1.8 mgll Average 0.074004 6.1 17.2 7.3 21 0.3 18 3.7 Max 0.774 40 25.5 10.1 87 2.9 140 26 Min 0.0005 < 5 9 6.4 < 10 < 0.2 < 5 1.4 # samples 451 114 138 154 56 67 76 67 Proposed changes: 1. Since this outfall no longer discharges non -contact cooling water, temperature monitoring and Total Suspended Solids (TSS) limits were removed from the monitoring requirements. 2. As a result of a reasonable potential analysis the permit includes fluoride limits of 1.8 mg/1 monthly average and 24 mg/1 daily maximum and cyanide limits of 5 µg/l monthly average and 46.6 µgll daily maximum. The limits will be effective three years from the issuance date of the permit. Outfall 011: Compliance: NOVs were issued for one exceedance of the daily maximum pH limit in December 2012 and one exceedance of the daily maximum cyanide limit in February 2010. The permit requires annual acute toxicity testing. The facility passed all the toxicity tests for this outfall. RPA was performed for fluoride and cyanide. Both parameters have reasonable potential to exceed the water quality standards. Table 7. Outfall 011 DMR Data Summa Parameter Units Limit/Monitor Average Max Min Oil & Flow TSS pH Grease MGD 1119/1 SU mg/l Monitor Monitor 6-9 Monitor Quarterly Quarterly Quarterly Quarterly 0.070426 0.278 0.000144 # sam les 29 DM - Daily Maximum Total Total Cyanide Fluoride µg/1 mg/1 46.6 (DM) Monitor 5 ,ug11 1.8 m 47.9 7.2 5 18 2.1 180 9.8 6 170 10 <5 6.2 <5 <5 <1 19 25 18 24 23 Proposed Changes: 1. As a result of a reasonable potential analysis the permit includes fluoride limits of 1.8 mg/1 monthly average and 24 mg/l daily maximum. The 46.6 µg/1 daily maximum cyanide limits will be maintained in the permit. A new monthly average limit of 5 µg/l will be implemented for cyanide. The limits will be effective three years from the effective date of the permit. 2. The draft permit includes quarterly monitoring for trichloroethene. NC0004308 Fact Sheet Page 7 of 21 Outfall 012• Compliance: The permit requires chronic toxicity testing P/F at 16%. The facility passed all the tests for this outfall. RPA was performed for fluoride and cyanide. RPA results indicate the need for a cyanide limit but not for fluoride. Table 8. Outfall 012 DMR Data Oil & Total Total Total Parameter Flow TSS Grease pH TRC Aluminum Cyanide Fluoride Units MGD mg/1 mg/1 SU µg/1 mg/1 µg/1 mg/1 434 µg/l Limit/Monitor Monitor 30/60 30/60 6-9 Monitor Monitor (DM) Monitor Frequency Weekl 2/Month 2/Month 2/Month Monthly Monthly Monthly Monthly Average 0.005624 6.1 Max 0.0563 26 Min 0.000001 < 5 # samples 438 116 DM - Daily Maximum <5 9.5 < 4.6 114 7.3 8.2 6.4 146 17 u /1 S 1.8.8 m R/1 24 0.5 67 6.5 71 3.1 290 29 <10 <0.2 <5 <1 46 64 114 68 Proposed changes: 1. TSS and Oil and Grease limits in old permit due to cooling water condensate, since no longer present, monitoring requirements for Oil and Grease were removed, TSS monitoring remains. 2. Limit for cyanide was recalculated based on dilution provided by the diffuser and current %2 FAV. (See Permit Limit Development Section above.) The Daily Maximum limit for cyanide of 434 µg/l will be retained from the previous permit. A cyanide monthly average limit of 130 µg/l will be implemented with a schedule of compliance of 3 years. 3. The draft permit includes quarterly monitoring for trichloroethene. Outfall 013: Compliance: The weekly average limit for fluoride was exceeded five times resulting in three enforcement cases and two NOVs during 2010-2011. In February 2011 Alcoa removed a line tributary to this outfall suspected to contribute to elevated levels of fluoride. Since January 2011 values for fluoride have significantly reduced with most values under the detection limit. The current permit requires acute toxicity 24 hr P/F at 90%. The facility passed all the toxicity tests for this outfall. RPA was performed for fluoride and cyanide. Cyanide has reasonable potential to exceed the water quality standards. Table 9. Outfall 013 DMR Data Summary Total Total Parameter Flow TSS pH Aluminum Cyanide Total Fluoride Units MGD mg/1 SU mg/l µg/1 mg/1 Limit/Monitor Monitor 30/60 6-9 Monitor Monitor 1.8 mg/l (WA) Fr uencv Weekl. 2/Month 2/Month Monthly Monthly, Monthl � W S _ _ 5 1,g/1 1.8 m II Average 0.0243 5.3 7.6 0.3 9 1.4 Max 0.753 13 8.5 1 170 7.2 Min 0.000360 < 5 6.2 < 0.2 < 5 0.16 # samples 504_ 120 150 66 119 137 WA - Weekly Average NC0004308 Fact Sheet Page 8 of 21 Proposed changes: 1. As a result of a reasonable potential analysis the permit includes cyanide limits of 5 µg/1 monthly average and 46.6 µg/l daily maximum. 2. Modified WET test from pass/fail limit to acute monitoring quarterly test. Outfall 019• Compliance: There was one sampling event reported for each Outfall 019 and 19S. One sample for cyanide was above the water quality standard, but less than the accepted lab detection level. Table 10.Outfall 019 DMR Data Summary Outfall019 Total Total Total Parameter Flow TSS pH Aluminum Cyanide Fluoride Units MGD mg/1 SU mg/I µg/1 mg/l Limit/Monitor Monitor Monitor 6 - 9 SU Monitor Monitor Monitor Frequency Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly _ W S 5,ug/1 1.8 m 17 1/22/2010 0.001440 9.0 6.1 3.0 5.9 < 1 # samples 1 1 1 1 1 1 Outfall S19 Limit/Monitor Monitor Monitor Monitor Monitor Monitor Monitor Frequency Semi- Semi- Semi- Semi- Semi- Semi- annually annually annually annually annuallyannua11 12/25/2009 0.034600 14.0 7.5 3.8 < 5 < 1 # sam les 1 1 1 1 1 1 Proposed changes: 1. Permit this outfall as stormwater overflow from pond with semi-annual monitoring. Stormwater Outfalls 017, 018 and 020: Outfall 017: Table 11. Outfall 017 DMR Data Summan_- Total Total Total Parameter Flow COD TSS Cyanide Fluoride Aluminum Units MGD mg/I mg/1 µg/1 mg/1 mg/1 Limit/Monitor Monitor Monitor Monitor Monitor Monitor Monitor Frequency Annual Annual Annual Annual Annual Annual WOS 5 agll 1.8 m /1 Average 0.0247 88 9.6 5.2 < 1 0.6 Max 0.038 210 14 5.8 < 1 0.99 Min 0.008 28 8 < 5 < 1 0.39 # samples 4 4 4 4 4 4 NC0004308 Fact Sheet Page 9of21 OutfaD 018: Table 12. Outfall 018 DMR Data Su=aa -v Parameter Flow COD TSS Cyanide Fluoride Aluminum Units MGD mg/l mg/l µg/1 mg/l mg/l Limittmonitor Monitor Monitor Monitor Monitor Monitor F nenc y Annual Annual Annual Annual Annual Annual was 5 pg17 1.8 m /1 Average 0.0247 88 9.6 5.2 < 1 0.6 Max 0.038 210 14 5.8 < 1 0.99 Min 0.008 28 8 < 5 < 1 0.39 # sams ales 4 4 4 4 4 4 Outfall 020• Table 13.Outfall 020 DMR Data Summ.. . Flow COD TSS Total Total Total Parameter Cyanide Fluoride Aluminum Units MGD mg/l mg/l µg/l mg/l 149/1 Limit/Monitor Monitor Monitor Monitor Monitor Monitor Monitor Frequencv Annual Annual Annual Annual Annual Annual WAS_ 5 #g4 1.8 mg/1 Average 0.058 66 18.5 5.3 < 1 0.88 Max 0.09 110 54 6.5 < 1 2.7 Min 0.018 33 <5 <5 <1 <0.2 # samples 4 4 4 4 4 4 The requirements for stormwater outfalls were modified to be consistent with current stormwater permit requirements and practices. Outfalls 002 and 004 will be reclassified as stormwater outfalls and grouped under the same section as 017, 018 and 020. SUMMARY OF PROPOSED CHANGES: 1. Updated stormwater permit conditions for consistency with current stormwater permitting practices. 2. Outfalls 002 and 004 were included under the stormwater section. 3. As a result of a reasonable potential analysis monthly average and daily maximum limits for cyanide and fluoride were added to outfall 005. A schedule of compliance of 3 years was included for the new limits. 4. The limits for TSS and temperature and TRC monitoring were removed from the monitoring requirements for outfall 005 since there is no discharge from cooling waters or condensates. NC0004308 Fact Sheet Page 10 of 21 5. As a result of a reasonable potential analysis monthly average and daily maximum limits for fluoride and a monthly average limit for cyanide were added to outfall 011. A schedule of compliance of 3 years was included for the new limits. 6. Oil and grease was removed from the monitoring requirements for outfall 011 since there is no discharge from cooling or condensate waters. 7. As a result of a reasonable potential analysis monthly average limit for cyanide was added to outfall 012. A schedule of compliance of 3 years was included for the new limits. 8. TSS and Oil and Grease limits and Total Residual Chlorine monitoring were eliminated from outfall 012. Monitoring for TSS will remain a requirement for this outfall. 9. Added quarterly monitoring for trichloroethene for outfalls 011 and 012. Trichloroethene was detected in the groundwater at concentrations greater than the water quality criteria. 10. As a result of a reasonable potential analysis monthly average and daily maximum limits for cyanide were added to outfall 013. A schedule of compliance of 3 years was included for the new limits. 11. Limits for TSS were removed from the requirements for outfall 013. Monitoring for TSS will remain a requirement for this outfall. 12. Special condition C.(5) Reopener Clause was added requiring the permittee to notify the Division of any changes in wastewater characteristics or operations. 13. Special condition C.(6) was added describing requirements for electronic reporting of DMRs. NC0004308 Fact Sheet Page 11 of 21 FACT SHEET AMMENDEMENT #1 Following the public noticed from January 27, 2015 the Division received numerous public comments many of them requesting a public hearing on the draft permit. A public hearing was held on July 1, 2015 at the Stanly County Commissioners Commons Meeting Room in Albemarle. As a result of comments submitted during the public hearing comment period the Department determined that the permit will, not be finalized but a second draft will be issued for public notice and another round of public comments. Chan es to draft permit. The following modifications to the January draft permit were implemented based on public comments received during public hearing process and on Division's staff recommendations included in the Hearing Officer Report, issued on September 30, 2015: 1. Schedule of compliance — the schedule of compliance for outfalls 005, 011, 012 and 013 was removed from the permit. 2. Instream Monitoring — to determine if pollutants are migrating to Little Mountain Creek instream monitoring was added to the permit. Parameters to be monitored include pH, total cyanide, total fluoride, total lead and total arsenic. See Special Condition A. (6). 3. Trichloroethene (TCE) — As per hearing officer recommendations limits for TCE were added for outfalls 011 and 012. Limits are based on EPA human health criteria published in July 2015. The federal criteria is 0.6 µg/1. The proposed limit for Outfall 011 is 0.6 µg/l since it discharges to Badin Lake with no dilution. The proposed limit for outfall 012 is 15.6 µg/l which was calculated based on the dilution factor of 26. 4. Priority pollutant analysis — to characterize the discharges and evaluate the presence of contaminants in the groundwater/stormwater discharges a special condition was added to the permit with requirements to submit a pollutant scan for outfalls 005, 011, 012 and 013 within a year of permit effective date. See Special condition A. (7). 5. Added stormwater outfa11022 — during the site visit Division staff noticed there are two stormwater outfalls draining stormwater from the cover of the landfill, one on the west of the landfill which was previously denoted outfall 018 and one on the east of the landfill which was not included in the permit. The permit includes an additional outfall identified as outfall 022 for the east drainage channel. This outfall appears to discharge groundwater in addition to the stormwater collected from the surface of the landfill. Monitoring requirements are included for this outfall in condition A. (6). 6. Identifying non-stormwater outfalls -Condition B.(2)1(e) was modified and B.(2)1(f) was added to include additional investigation and reporting if non-stormwater flow is detected at stormwater outfalls. SCHEDULE FOR PERMIT ISSUANCE: Draft Permit to Public Notice: October 14, 2015 Permit Scheduled to Issue: December 7, 2015 NC0004308 Fact Sheet Page 12 of 21 FACT SHEET AMENDMENT #2 The Division of Water Resources (DWR) received comments on the revised draft permit public noticed on October 14, 2015 form the Southern Environmental Law Center (SELC) on behalf of the Concerned Citizens of West Badin Community and the Yadkin Riverkeeper, EPA Region 4, and Alcoa. No other comments were submitted for this revised draft. Comments are summarized below followed by DWR's response and proposed action in the final permit. A. RESPONSE TO COMMENTS I. SELC Comments 1. Waste Characterization. Broaden the scope of testing and waste characterization study to determine extent of contamination from the Alcoa Badin landfill and the rest of the site. Response: The Division of Waste Management (DWM) is the lead agency involved in the waste characterization studies and remediation efforts focused on the Alcoa Badin landfill. The DWM has completed a site investigation under the Superfund Section program focused on the Alcoa Badin landfill to determine the extent of contamination. As a result of the recent site investigation, the DWM concluded that the site qualifies for further evaluation as a candidate for EPA Superfund National Priorities List. It is anticipated that the site will be addressed as a RCRA corrective action under the authority of the Hazardous Waste Section. The DWR has participated with the DWM in collecting data for the site investigation and will continue to collaborate and coordinate permitting efforts with the DWM. The investigation results suggest that potentially contaminated groundwater was detected in the floodplain adjacent to the landfill. Outfalls 018 and 022 are the two outfalls from the landfill. Outfall 018 was classified in the permit as stormwater/groundwater outfall but outfall 022 was classified as stormwater and grouped with the other stormwater outfalls in the permit. To further assess contribution from this outfall the Division has implemented new monitoring requirements for both outfalls under the wastewater outfalls section. Monitoring on Little Mountain Creek was implemented with this permit to monitor water quality in the stream. In addition, in the recently approved Water Quality Certification for the continued operation of the hydroelectric dams DWR required monitoring of sediments from the Alcoa Badin Works Plant site to the Narrows Dam for heavy metals, PCBs and PAHs. 2. Cyanide reporting. By treating the cyanide values with results of less than 10 µg/1 as zero, DWR fails to protect water quality and human health. The quantitation limit of 10 µg/l allows for the limit to be exceeded and the monthly average to be skewed if all values are reported as zero. Response: The footnote for cyanide was modified to require the use of sufficiently sensitive approved methods for all the analyses. The following footnote will replace the footnote in the drat permit: "The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the analvsis of pollufanls. A method is "sq6riciendy sensitive " -when; (I) The method minimum level (ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant parameter,, or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or required under 40 CFR chapter 1, subchapter Nor O for the measuredpollutant orpollutant parameter. The Permittee shall report on its Discharge Monitoring Reports the actual laboratory results for each effluent sample tested " 3. PCB limits. The permit contains no limits for PCB. NC0004308 Fact Sheet Page 13 of 21 Response: The permit includes a requirement for priority pollutant analysis for all wastewater outfalls that includes testing for PCBs, if PCBs are found to be present above water quality standards in the monitored outfalls, DWR would implement limits accordingly. In addition, Alcoa will be monitoring lake sediments for PCBs under the Water Quality Certification, 4. TCE limits. Limits for TCE at outfall 012 are based on an outdated water quality model, the model should be updated. Response: The permit will include a Special Condition to require an update of the mixing zone analysis for outfall 012. Limits will be adjusted accordingly. 5. Cyanide and Fluoride limits for stormwater outfalls. Outfalls 002, 004, 017, 018, 020, and 022 should have limits for cyanide and fluoride. Response: The requirements for the stormwater outfalls included in the permit are developed by DEMLR following stormwater permitting guidance and regulations. Since these outfalls only discharge in response to storm events, monitoring requirements and other permit conditions are different than outfalls permitted following NPDES wastewater guidance. Stormwater monitoring requirements follow a tiered response to address pollutants in the stormwater. 6. Priority Pollutant Scan. Require a priority pollutant scan at every outfall. Response: Priority pollutant scans will be required for all the wastewater outfalls (005, 011, 012, 013, 018 and 022). At this time DWR is not adding priority pollutant scans to stormwater outfalls. In addition, the permit includes a priority pollutant scan for one downstream station in Little Mountain Creek. 7. Anti -degradation. The draft permit conflicts with the Anti -degradation policy in Federal and North Carolina law. Little Mountain Creek and Badin Lake should be protected for all designated uses. Response: Antidegradation analysis is reserved for new and expanding discharges, while this permit action is for a renewal. There are more limits imposed in this permit renewal compared to the previous permit, therefore surface water quality should improve. Badin Lake and Little Mountain Creek are classified water supply, in implementing limits the Division applies the water quality standards and criteria for water supply and human health to protect existing uses. There is also no basis for statements claiming that this permit is likely to increase pollutant loading to the waterbodies. 8. Civils Rights Act/Environmental Equity Initiative. The draft permit does not comply with Title VI of the Civil Rights Act. If the state takes action such as issuing a permit that disparately impacts people of color additional remedy is provided through federal law. The permit doesn't adequately set limits or monitoring for toxic pollutants, it's likely to have adverse and disproportionate impact on the local community on the basis of race. The public process does not comport with the North Carolina Environmental Equity Initiative. There should be a demographic data analysis on the fact sheet and additional public outreach regarding the community's knowledge of waste in the landfill adjacent to the permitted outfalls. Response: This facility began aluminum smelting operations in 1917, and the site location was based on availability of nearby hydropower supplied by dams on the Yadkin River, The NPDES permit is based on protection of surface water quality standards. The permit limits are designed to protect for human health and water supply. The proposed new permit limits for cyanide will reduce potential human health impacts. The removal of the compliance schedule will also expedite compliance with surface water quality standards. The Division has provided public comment opportunities for proposed actions pertaining to this site. A public notice of the public hearing was placed in a local newspaper, and a public hearing was held on this draft permit to obtain input from local citizens. The hearing was well attended by NC0004308 Fact Sheet Page 14 of 21 community groups and the nearby community residents. The community was given opportunities to comment on this permit meeting the provisions of the law. DWM has also held public meetings in the past to discuss RCRA activities at this site. H. EPA Region 4 Comments 1. Cyanide. Investigate the use of other methods to analyze cyanide that have detection levels below the water quality standard. Response: DWR modified the footnote to require sufficiently sensitive approved method for the analysis of cyanide and fluoride. The following footnote will replace the footnote in the drat permit: "The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136for the analysis ofpollutants. A method is "sufficiently sensitive" when: (1) The method minimum level (ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant parameter, or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or required under 40 CFR chapter 1, subchapter N or O for the measured pollutant or pollutant parameter. The Permittee shall report on its Discharge Monitoring Reports, the actual laboratory results for each effluent sample tested. " 2. Continuous outfalls. Clarify if outfalls 005, Oil and 012 are continuous. If they are, according to 40 CFR 122.45(d)(1), outfall 011 and 012 should have both a monthly average and a daily maximum limit for TCE. In the absence of acute criteria, a factor of 1.5 or 2 is often applied. Response: Outfalls 005 and 012 are continuous. Outfall 011 is not continuous. The limits and sampling requirements for outfall 011 were modified to reflect the non -continuous nature of the discharge. Samples will be grab samples and the limits will be expressed as daily maximums. Following EPA recommendations, the daily maximum limits for TCE for outfalls 011 and 012 will be calculated based on a multiplication factor of 1.5. 3. Priority Pollutant Scan Outfall 019. Consider adding a priority pollutant scan at outfall 019. Response: Outfall 019 discharge consists of stormwater overflow from the pond that collects runoff from the cover of the closed old brick landfill. DWR retained the outfall in the permit although it is not covered under stormwater regulations. This outfall doesn't discharge frequently and is not a concern for priority pollutants. DWR will not add a priority pollutant scan at this time. 4. Priority Pollutant Scan Little Mountain Creek. Consider running a priority pollutant scan at proposed monitoring locations in Little Mountain Creek. Response: The Division agrees to require a priority pollutant scan for Little Mountain Creek. The requirement was added to the instream monitoring requirements for Little Mountain Creek. 5. Reduction in monitoring frequency. Document rationale as to why the monitoring frequencies were reduced at outfalls 005, 012, 013 and 018. Response: DWR's policy on sampling for metals and toxicants is to implement monthly monitoring when the toxicant requires a limit and quarterly when the toxicant does not require a limit. Quarterly testing for 5 years provides sufficient data to preform reasonable potential at the time of permit renewal. 6. Mixing Zone analysis. Conduct an updated mixing study using background concentrations and up to date mixing zone model. Collect water samples at the edge of the mixing zone. NC0004308 Fact Sheet Page 15 of 21 Response: A Special Condition was added to the permit to require a revision of the dilution model. The instream monitoring requirements were modified to include Lake Badin at the edge of the mixing zone. 7. Reasonable potential analysis. RPA should include background concentrations. Response: Under current procedures for RPA DWR doesn't use background data. The DWR ambient monitoring program suspended monitoring for metals/toxicants several years ago to evaluate clean sampling methods. DWR has minimal amount of data to use as background, a few data points for Little Mountain Creek show cyanide and fluoride as less than detection in an upstream background location. DWR has no data for Badin Lake to use in an RPA. III. Alcoa Comments: 1. WET dilution outfall 012. Dilution for whole effluent toxicity test for Outfal1012 should match dilution used to calculate the chronic limits (16% vs 3.8%). Response: Until the dilution model is revised DWR agrees to use the chronic dilution of 26:1 (3.8 % IWC). The WET test will be modified to'reflect an IWC of 3.8 %. 2. Cyanide limit outfall 012. Cyanide daily maximum limit for outfall 012 was not calculated using the dilution from the diffuser but was retained from previous permit. The previous limit was established using trout water criteria, should be non -trout water criteria. Response: The limit of 434 µg/1 in the current permit was calculated in 1989 using the calculated %2 FAV of 31 µg/l. The Division subsequently revised the acute criteria for cyanide and established a % FAV for non -trout waters of 46.6 µg/l. DWR agrees to modify the acute daily limit using the dilution factor of 14:1 and the non -trout criteria of 46.6 µg/1 as it was also used for other outfalls. The applicable daily maximum limit is 652 µg/l. 3. Schedule of Compliance. Reinstate schedule of compliance for cyanide and fluoride limits. Response: Based on public concerns, the Department withdrew the compliance schedule for outfalls 005, 011, 012, and'013. Alcoa can employ other mechanisms for attaining compliance with new limits such as a special order by consent (SOC). This is a more appropriate mechanisms than addressing the non compliance with a schedule of compliance in the permit as the SOC is designed to address compliance issues and track schedules and fines. Alcoa was aware that water quality standards were exceeded at most outfalls for several years and has indicated that studies had been started some time ago to identify the sources and develop an action plan. These efforts can be included in the special order. 4. Nstream monitoring. Reduce number of monitoring stations on Little Mountain Creek from five to two. Response: The instream monitoring locations were modified to coincide with stations monitored under the CERCLA study. The three stream channels in the area below the landfill were added as monitoring locations. Little Mountain Creek stations were reduced to three, one upstream of the landfill, one downstream of the landfill but before the confluence with the tributary and one downstream below the confluence with the tributary. 5. TCE. Delete TCE limits from outfalls 011 and 012, there is no data to show RP. Change permit parameter to trichloroethylene. Use NC criteria vs federal criteria. Response: DWR does not agree to remove the limits for TCE. The data indicated concentrations as high as 86 µg/1 in groundwater. The Division agrees to modify the limit using the state water quality standard of 2.5 µg/1 and to use the alternative name of trichloroethylene. NC0004308 Fact Sheet Page 16 of 21 6. Cyanide limit. Change total cyanide limits to free cyanide. Response: North Carolina adopted a freshwater cyanide water quality standard of 5 µg/1 for protection of aquatic life. The North Carolina water quality standard to protect for aquatic life is expressed as total cyanide. EPA recently published updated human health criteria for cyanide for consumption of water and for consumption of organisms. Human health criteria applicable for water supply waters is 4 µg/1. Although the reference doses EPA used were for free cyanide, the criteria is expressed as total cyanide. Since the NC water quality standard is expressed as total cyanide and the new EPA human health criteria is also expressed as total cyanide, the limit in the permit is expressed as total cyanide. 7. WET test at outfall 011. Change whole effluent toxicity test for outfall 011 from quarterly to annual. Response: DWR does not agree to change the test from quarterly to annual. The quarterly chronic test for outfall 011 was implemented to be consistent with outfalls 005 and 013 since they are all classified as discharges of groundwater and stormwater. 8.Outfall 001 Limits. Change limits and sample type for outfall 011 from chronic to acute since this outfall is not continuous. Response: DWR agrees to change the monitoring requirements for this outfall as it is not continuous. Sampling type was modified to grab for all parameters. Limits were modified to acute limits as daily maximumS. 9. Outfall 019. Delete outfall 019, the discharge is not related to industrial activities. Response: The Division does not agree to delete outfall 01 9.There is limited discharge data for this outfall. In addition, EPA suggested more monitoring. Although the monitoring suggested by EPA is not been implemented now, once more data is collected during this permit cycle the Division will reconsider removing the outfall. 10. Representative outfalls. Representative outfall for outfalls 018 and 022 Response: DEMLR does not agree to grant representative outfall status to outfalls 018 and 022 at this time. As a result of the CERCLA site investigation Outfalls 018 and 022 will be reclassified to groundwater/stormwater and new monitoring requirements applied 11. WET test frequency reduction. Reduce toxicity test frequency if performance criteria is demonstrated. Response: DWR dots not agree to the reduction in monitoring for toxicity testing_ Quarterly sampling is the minimum. required frequency for the EPA approved test procedures. 12. Compliance schedule stormwater outfalls. Include a compliance schedule for stormwater outfalls Response: DEMLR does not agree to a schedule of compliance. The Tiered approach in the stormwater section is comparable to a built-in compliance schedule for stonnwater pollutants. B. ADDITIONAL MODIFICATIONS TO PERMIT DWM Investigation NC0004308 Fact Sheet Page 17 of 21 The Division of Waste Management finalized the report for the Special Investigation (SI) of the Alcoa Badin Landfill on June 14, 2016. The main focus of the investigation was to evaluate possible migration of contaminants from the landfill seepage collection system to groundwater, adjacent wetlands, and/or surface water. Monitoring results revealed the presence of cyanide and fluoride in the stream channels on the floodplain adjacent to the landfill seep collection systems. Fluoride was detected in Little Mountain. Creek samples at levels below the water quality standards. Cyanide and fluoride were detected in the wetland and in one of the drainage channels suggesting that groundwater could be migrating from the landfill into the wetland area. The eastern channel where groundwater was observed is below outfall 022. Given the results of the SI the Division will require additional monitoring for Outfalls 018 and 022 and applying effluent monitoring requirements similar to the other non-stormwater outfalls. In addition, instream monitoring requirements were added for the three stream channels below the landfill. Proposed monitoring for Outfalls 018 and 022: Parameter --i-Monthl Monitoring uirement Flow M to ' Total Suspended Solids Quarterly Monitoring Total Cvanide Quarterly Monitoring Total Fluoride Quarterly Monitoring H MonthlX Monitorin Quarterly Monitoring Acute "o ci:V H. Little Mountain Creek Monitoring Alcoa recently completed the installation of a slurry wall and new leachate collection system at the base of the landfill. This project is expected to reduce or eliminate the infiltration of groundwater towards the wetlands area. In order to evaluate the effect of the project the instream sampling in Little Mountain Creek will be implemented as a monitoring study under a special condition in the permit. Special condition A. (8) was modified to include the requirements for the study. After one year of data is collected the data will be revised and evaluated to determine further actions and modifications to the sampling plan. III. Revised RPA 1.Outfall 005 — The RPA was revised to include TRC data. The RPA shows that a limit is necessary for outfall 005. There is no dilution for this outfall therefore the daily maximum limit of 17 µg/l applies. 2.Outfall 012 — The RPA was revised to include TRC. The data shows no reasonable potential to exceed the TRC standard. The dilution provided by the diffuser ensures that the water quality standard is not exceeded. C. SUMMARY OF PROPOSED PERMIT MODIFICATIONS Comments from SELC 1 Broaden scope of testing/waste characterization _ 2 Cyanide reporting value of 10 µg/l allows for limit exceedances and monthly Permit Section Permit Action/Response Part I No modifications are proposed. A.1, A.2, A.3, Modified footnotes for outfalls 005, 011, 012 and 013 to AA require the use of the most sensitive method NCo004308 Fact Sheet Page 18 of 21 average calculation is skewed. ' 3 Add limits for PCB for all A.1, A.2, A.3, No modifications are proposed. PCB data will be collected outfalls A.4, A.5 through the PPA. 4 1 Update Cormix model J C. (7) (new) 5 Add limits for cyanide and B.1 fluoride for stormwater outfalls 6 I Add PPA sampling for all I A.1, A.2, A.3, outfalls j A.4. A.5 7 Anti -degradation I NIA 8 Civil Rights Act/NC Equity Initiative Comments from EPA 1 Investigate cyanide detection limit 2 Clarify if outfalls 005, 011, 012 are continuous or episodic 3 I Add PPA to outfa11019 4 Consider a PPA for instream locations in LMC 5 Document rationale R monitoring frequency reduction 6 Update mixing study/collect samples in Lake Include background concentrations in RPA N/A Added Special Condition C. (7). This conditions includes requirements to revise the model within two years of permit effective date. _ No modifications are proposed. The stormwater section of the permit follows stormwater permitting guidance. No modifications are proposed. The permit will maintain PPA requirements for Outfalls 005, 011, 012, 013, 018 and 022, PPA will not be added for stormwater outfalls. No modifications are proposed. Antidegradation analysis is reserved for new and expanding discharges. The permit has more strin *ent limits than thepreviot!�it. No modifications are proposed This facility has been located in Badin since it began operations in 1917. Public notice was published in area newspapers and a hearing was held on the draft permit to collect public comments. Other public meetings were held in the past to discuss activities at the site. Permit Section I Permit Action/Res pone A.1, A.2, A.3, Modified footnotes for outfalls 005, 011, 012 and 013 to AA require the use of sufficiently sensitive methods. A.1, A.2, A.3 Outfall 005 is continuous, no changes are necessary. Outfall 011 is not continuous, limits will be modified to daily maximums and sample type to grab. Added TCE daily limit of 3.7 µg/l. Outfall 012 is continuous, Added TCE daily limit of 97.5 µg/l. TCE daily maximum limits were calculated based on a multiplication factor of 1.5 as recommended b EPA. A.7 No modifications are proposed. Only outfalls that discharge groundwater and stormwater will be required to perform PPA. A.6 PPA was added for the downstream location for Little Mountain Creek. A.1, A.2, A.3, Monitoring frequency were reduced according to DWR policy AA on metals sampling frequency. When a limit is required in the permit as a result of RPA the parameter is monitored monthly. When no limit is required quarterly monitoring is C.(7) (new) Added Special Condition C. (7). This conditions includes requirements to revise the model within two years of permit effective date. Added instream monitoring requirements for Lake Badin at the edge of the mixing zone. RPA No modifications are proposed. Current RPA procedures doesn't use background data, DWR does not have current instream data for metals. NC0004308 Fact Sheet Page 19 of 21 Comments from Alcoa_ Modify outfa11012 Permit Section C.3 Permit Action/Resl�onse DWR agrees to modify the toxicity test concentration to 3.8% 1 dilution for toxicity test to be consistent with the procedure used to calculate the limits from 16 to 3.8% Recalculate cyanide limit A.3 for this outfall. DWR agrees to modify the cyanide limit using a chronic 2 for outfall 012 using non dilution of 26:1 and the non -trout cyanide criterion of 46.6 trout criteria and chronic µg/l. The previous permit limit was calculated with an dilution outdated cyanide criterion. The daily maximum cyanide limit Reinstate schedule of A.1, A.2, A.3, was modified to 652 pg2 1. No modifications are proposed. Due to public concerns the 3 compliance Reduce number of A.4 A.8 Department withdrew the schedule of compliance. The number of stations were not reduced but were modified, 4 monitoring stations in new monitoring station were implemented in the channels Little Mountain Creek below the landfill. 5 Delete TCE limitsIA. A.2, A.3 No modifications are proposed. The limits will remain in the Perroit. 6 Change total cyanide.1, A.2, A.3, No modifications are proposed. The cyanide water quality imits to free cyanide4 standard is expressed as total cyanide, therefore the permit has to be expressed as total cyanide as well. j7ReduccOutfall 011 testing C.2 No modifications are proposed. Quarterly monitoring is the equency for toxicity test minimum approved monitoring frequency. om quarterly to annual 8 Change outfall 011 chronic A.2 As this is not a continuous discharge DWR agrees to limits to acute im ement acute limits as daily maximum limits. 9 Cte ge outfall 011 sample A.2 DWR modified the sampling type from composite to grab. o grab 10 Delete outfall 019 A.5 No modifications are proposed at this time. 1 I Representative outfall B.1 j No modifications are proposed at this time. designation for outfalls 018 and 022 _ 12 Reduce tox testing A.1, A.2, A.3, No modifications are proposed. Minimum sampling frequency frequency based on rformance A.4 is quarterly. _ 13 Add compliance schedule B.1 No modifications are proposed. The stormwater requirements for stormwater are designed to provide time for the facility to investigate and develop management actions if pollutants are found to be present in the stormwater outfalls. _Additional Modifications Permit Section Rationale 1 Modify outfalls 018 and A. 5, A.7 A Special Investigation by the DWM noted that groundwater 022 effluent monitoring was entering the ditches that discharge from the landfill area. requirements i Special Study Little A. 8 Instream sampling study to evaluate effect of slurry wall at Mountain Creek bottom of landfill. 3 Added TRC limit to outfall A. 1 Reasonable potential to exceed the water quality standard. 005 NC0004308 Fact Sheet Page 20 of 21 NPDES DIVISION CONTACT If you have questions regarding any of the above information or on the attached permit, please contact Teresa Rodriguez at 919-807-6387. 1-1-10* _ NAME: DATE: 5/2/2017 NC0004308 Fact Sheet Page 21 of 21 o a C � U � Ea Z� t� °w a > a of > � 2 0 E z O a t) m Z O U z O¢ a a0 O i0 O U Ua ci0 0 0 0 Z LL W W z z m W Z z c m z z z Z �z ooa a opE E EEaE0 aEE E E E Do aga au' ccmm ouoa °' $ >a zorcza a z0a. a zozzzzzaW`aw`z zaW`a LLa a a Wa A € n m m m m'cm a rn o m E u E E > ' >E s T ��2222- E TI H c cam^— ¢ ¢ «m .. ..��¢yTm¢ E EE EEx 0x�i2�i a'S��i�w O =a cmi E E E EEmO�d v�vm�Tmm Tm_Tm E 2mxcEE mx°�Kmm mm mmm m m Ex'm x'cEmxmgg > LL LL p W¢_ LL 3 w 3 w n. 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K » L a k g � E B � c � 0 c 0 � 0 � 2 ■ E !2 m CL C4 2 � � |/ �2 i z � g @ J @ 2 § � ■ $ a � £ 2 z£ 2 2 2 2 2 2 2 J a. J IL 2 J / § E L. 2 » 0 / \ < § / § § k o C) ! O .Dca . . \ � k o \1\ $ $ J CD 0 0 0 � \ c § D E� $) E � a^ _ C § 3 a o I m $§ a 2 Q, c) k \ o 2 0 ■ — — — — § L$§ o� � 12@ 2 2 R , d S k2 .9cm \§ REASONABLE POTENTIAL ANALYSIS 10 Cyanide Date Data BDL=112DL Results 1 1/6/2012 27. 27 Std Dev. 2 2/2/2012 22. 22 Mean 3 3/13/2012 21. 21 C.V. 4 4/10/2012 6.4 5 n 5 5/8/2012 9. 5 6 6/7/2012 14. 14 Mult Factor = 7 7/4/2012 7.8 5 Max. Value 8 9/6/2012 14. 14 Max. Pred Cw 9 10/2/2012 < 5. 5 10 1/8/2009 2.4 5 11 11/1312012 5.7 5 12 12/7/2012 11 11 13 2/7/2013 14 14 14 3/7/2013 33 33 15 4/2/2013 27 27 16 5/9/2013 23 23 17 6/4/2013 20 20 18 7/3/2013 27 27 19 7/23/2013 54 54 20 8/7/2013 49 49 21 8/6/2013 < 5 5 22 8/21 /2013 < 5 5 23 9/11/2013 17 17 24 9/11/2013 46 46 25 9/24/2013 < 5 5 26 10/8/2013 14 14 27 10/8/2013 14 14 28 10/29/2013 17 17 29 11/14/2013 8 5 30 11/14/2013 < 5 5 31 11 /26/2013 < 5 5 32 12/4/2013 9.7 5 33 1/7/2014 25 25 34 2/4/2014 27 27 35 3/6/2014 41 41 36 4/8/2014 35 35 37 5/6/2014 14 14 38 5/20/2014 15 15 39 6/4/2014 21 21 40 7/2/2014 9.1 5 41 8/20/2014 < 0.1 5 42 9/4/2014 12 12 43 10/9/2014 17 17 44 11 /4/2014 16 16 45 11/26/2014 < 5 5 46 47 48 49 UW'PASTE SP ECl Valµps" then -COF . Maximum data points - 511 17.04 0.7598 45 1.09 54.0 ug/L 58.9 ug/L 11 Fluoride Date Data BDL=1/2DL Results 1 1/6/2012 2.3 2.3 Std Dev. 2 2/2/2012 2.8 2.8 Mean 3 3/13/2012 2.3 2.3 C.V. 4 4/10/2012 2.2 2.2 n 5 5/8/2012 2.4 2.4 6 6/7/2012 4.7 4.7 Mult Factor = 7 7/4/2012 26. 26 Max. Value 8 9/6/2012 15. 15 Max. Pred Cw 9 10/2/2012 5.6 5.6 10 11/13/2012 6.5 6.5 11 12/7/2012 7.1 7.1 12 2/7/2013 2.9 2.9 13 3/7/2013 2.8 2.8 14 4/2/2013 3 3 15 5/9/2013 3 3 16 6/4/2013 4.5 4.5 17 7/3/2013 3.9 3.9 18 7/23/2013 3.4 3.4 19 8/7/2013 3.7 3.7 20 9/11/2013 3.4 3.4 21 10/8/2013 4 4 22 11/14/2013 5.3 5.3 23 12/4/2013 3.8 3.8 24 1/7/2014 3.1 3.1 25 2/4/2014 3.4 3.4 26 3/6/2014 2.8 2.8 27 4/8/2014 3.1 3.1 28 5/8/2014 3.1 3.1 29 6/4/2014 2.8 2.8 30 7/2/2014 3.1 3.1 31 8/6/2014 3.2 3.2 32 8/20/2014 2.7 2.7 33 9/4/2014 4.1 4.1 34 9/17/2014 3.8 3.8 35 10/9/2014 2.7 2.7 36 11 /4/2014 3.6 3.6 37 38 39 40 41 42 43 44 45 46 47 48 49 Use 'PASTE PECt Values" than 'COP . mavtm um data :]Gluts = 58 4.5028 0.9541 36 1.21 26.0 mg/l 31.5 mg/l I� 005, data 6/28/2019 O Ie � 0 0 0 0 m II II II II II h Uo�oopU N Z p o a IL Q Q O! a� IL L Q m s N L LL r 0 N 00 O M V OO J Ci a z Z O a c w 0 z W 2 W E I ? I a � E I E I I n E I 3 I 3 �o C.) 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IL ELo 16N O N a 0 ca a � 4) u � 0 U 0 � ■ � E 2 cc � ■ B 9 c 0 k E Jq c IL / \ / ƒ / CL ® § R co7 @ r 2 2 � ) ƒ \ \ ƒ ƒ L- ƒ LL IL f ƒ ƒ ƒ / I ƒ IL ? e% Cl) 2§ 2 § 2 ° u cl # 0 0§ z k z k z z z z z j z z z z \ a k E [ ; E§\ j \ : E\ a i _, ° _§ I f -) a $ ƒ - E k ® E � \ M 2 k @ \ k#/ o°=) 7 - z 2 § / e q N � g f k / ® 0 1 « ƒ ¥ ■ g ( � 2 2 § IL� � 2 � 'L ( £ < /1 ° ° G ��r Cj \ m 8 8 8 E a �� C� � % d�a a IED • I � § ■ E 2 / k k § M/ CD A j . a� o e§ cl C 2= LL z o w■ r- m - a O, k[ �cm /CD § N �Z OD � N O � T L W � 4 v V E E N C N a w W, N CO_o CO i E c v r n d q N r u U o � � o r LL>a ® af0i >. 3 m m JO OOOO It? u)M cM D) O) uq r-O) Or h r V N O O O do 00 r N P 7 M N 4 c h r r N O n L o rrrrrr�cl(I mCRrn r-:ry �NMM(V-ItMr r N W p V V V V V V V a O r N M O m0 Orr NN (2 l2 c2cli N O i0 0 N r 0 0 0 0 N O O N N O 0 0 N N N p N O O N N N N N N O N N N r r N CV NNCO COO(O CO7NNhapO N a W r N �CprNM O=rO)�rNr �.., r N M O lOr-OO)Or Nt+7 O u)� Od1O N Cl)� &0 W t` CO O)O r r r r r r r r r r N N N N N N N N N N CO M D 1 L ] i _ £ h OO r-N W N N MO r m O co �q C co O n 0 r r r N Cl) g ? :pp G n N Cl) n U 0 �30 ri>a 'A m> >mm JO C)OOO OOO OO I-MNO OOnOOOO p T N rr C � J V O m ui O 0 ui V: ui Sri Lq r lfi r Q O OO a r- O O W r O O) r f` N r- A p V V V V V V V V V a v y0000 rNN NmmMMM N_;'-O C O CDN CDr O 0 0 N CD N N O O O O N N N N p N N O N O N N N O N N O N N N N r- r n r N NN N f O N 8 (p r o O 4 O_N) N n N N O N a 0 r a I� a Z.-5In f` ;r a tp r r NM V O QF-CD OI M r Ou] r` M MCD r r r r r r r r r r r 04 N N N N N N N N N m M c I IC v I I°° 3 I I U a -lot c � I I w I� Iod d 0 0 0 0 o y O O O 0 0 S w I I T T T T T II II II II y o a Vy,' II Cn W b �\ d d M V z a U N � c U °' ra� �° @J U d] w m pC„ N N S1INn ,t)d a LU w U � � G Z F � Gn v. z" Y z z w ui v .� IL v o a LL IL co O M OO J C) Q Z 9 rl m a W r- 3 N I I I I I I O I I a I I w I I z I I W I I o N N LU d I m I w I w I N O N a 3 w � O Q F j Z L a a a „a 0 L v� � C s0 O i m u E 02 F C T L� r �a iA Ch LA a ON m ph Or 5 3 7 7 7 7 7 C 7 O N O h C cq N 1P7 Lp N LL LL LL L. LL U.LL L L Li L LL LL LL z pp �t'j 4h N M r G n is CV 1 LV o p w :t7 G d cq y Nto u7 C i r 05 LO N U U U( S S.3 C] [} U U U U U U 0 z z z z z z z z z z z z 2 2 z z z C 7 � o= E U a U [1 j [i CY ? Q C1 C1 C -3 3 N ❑ m v �' Z1 m Q ❑ Q a j J y QS +> [A a U �. ht �- U [3 U❑ c' v g N Ln � a C .. O O h U O O O O O O O W QL O N M � W 10 n W 0 N N N a a a a a a a a a a a a a a a a a a a a a a 0 � �_ Y Q M N � O ItaD -1 0S 0 0 0 0 1 J _ i+ o0 ° 00 D> 0 0 0 0 Q Y z m U it' W U J W to U) CC G f w a — cy> 8 H 3 —❑- a coo�6- a o m` o NoCi QLL z O li Q' N� n. m Ci � � 45 a> ro t1 � O :5 Oo N N 00 O f0 N REASONABLE POTENTIAL ANALYSIS 10 11 Um "PASTE SPECIAL Cyanide w.Wucs" theft "COPY' mmim Cato polntc = 58 Date Data BDL=1/2DL Results Date 1 88. 88 Std Dev. t ." . 1 2 130. 130 Mean 58.78 2 3 110. 110 C.V. 0.9104 3 4 79. 79 n 51 4 5 120. 120 5 6 80. 80 Mult Factor = 1.05 6 7 36. 36 Max. Value 280.0 ug/L 7 8 30. 30 Max. Pred Cw 294.0 ug/L 8 9 150. 150 9 10 68. 68 10 11 31. 31 11 12 37. 37 12 13 38. 38 13 1/4/2013 14 45. 45 14 15 15. 15 15 16 21. 21 16 17 1/4/2013 41. 41 17 18 17. 17 18 19 12. 12 19 20 < 5. 5 20 21 14 14 21 22 5 5 22 23 41 41 23 24 30 30 24 25 89 89 25 26 45 45 26 27 41 41 27 28 52 52 28 29 37 37 29 30 72 72 30 31 68 68 31 32 54 54 32 33 51 51 33 34 48 48 34 35 41 41 35 36 36 36 36 37 44 44 37 38 37 37 38 39 40 40 39 11/4/2014 40 < 5 5 40 41 10 10 41 42 250 250 42 43 5.9 5 43 44 280 280 44 45 120 120 45 46 52 52 46 47 49 49 47 48 58 58 48 49 59 59 49 50 51 51 50 51 3/19/2014 61 61 51 52 52 53 53 54 54 55 55 56 56 57 57 58 58 Fluoride Data BDL=1/2DL Results 3.7 3.7 Std Dev. 7.9 7.9 Mean 2.7 2.7 C.V. 11. 11 n 22. 22 6. 6 Mult Factor = 14. 14 Max. Value 11. 11 Max. Pred Cw 9.7 9.7 7. 7 16. 16 29 29 7.6 7.6 11 11 4.1 4.1 4.1 4.1 7 7 5.4 5.4 4.9 4.9 4.8 4.8 2.3 2.3 5.5 5.5 16 16 25 25 6.1 6.1 3.3 3.3 7.3 7.3 2.4 2.4 5.2 5.2 3.3 3.3 3.9 3.9 3.4 3.4 4.3 4.3 3.7 3.7 15 15 11 11 36 36 37 37 22 22 V1sa 'PASTE SKC4 4aru s IAen'COF m" mwm data points = i$ 9.0309 10.2974 0.8770 39 1.16 37.0 mg) 42.9 mg) 012, data 1 6/28/2019 e o 0 0 e N 00 00 OD - iA ►:MMMM3 I I I I z° I CI I I to p I c I 3 LLI a m d Iv > I� z w M o % I.- 0 c Q xv td U N z N M y W C is v N 00 V1 N sawn ilia a w ~ y N b a a a w w o H _ V] U 00 z" ui Z Z LU I.v v w ° o } a U LL a s J O a H E z I. ..,I J _i J � J J J J J C -J J J J _,•I J J o rn i� a rn no in v `v_� CA 00 os rn 0 =I � cn a 3 _ 0 Lq o iJ] x a r u i w U. 4 LL tL L- U- U- r U. u w r O G N N r 0 N ti H') N N r 0 p co4[7 a fn N O U U u U U? 0 0 0 U U U C} U U u U U] U Z 2 Z Z Z Z Z Z Z Z Z Z Z Z Z 2 G a = E o _ J U n _ Q •a`i 7. J Z 7 � am, U) Q aGi U U tL 0 0�� U � a 'C ❑ G H C3 W W W W W W t0 W W W W W W W W W W W W W W a a a a a a a a a a a a a a a a a a a a a a o C', J(n P7 c) 0 0 Cl CD- CD 0 0 0 0 0 a o 0 0 0 0 Zi m ffl 10 0 W E a W m w z COL y _ O o F w IL Im o m m � Q�c. ILL 9 Z O LL w fn r- r- M g C C -5� CCD N M co N o m REASONABLE POTENTIAL ANALYSIS 10 Cyanide Date Data BDL=1/2DL Results 1 1/10/2012 < 5. 5 Std Dev. 2 1/25/2012 < 5. 5 Mean 3 2/2/2012 < 5. 5 C.V. 4 2/21/2012 < 5. 5 n 5 3/8/2012 < 5. 5 6 3/27/2012 < 5. 5 Mult Factor = 7 4/10/2012 < 5. 5 Max. Value 8 4/27/2012 < 5. 5 Max. Pred Cw 9 5/8/2012 7. 5 10 5/24/2012 8.7 5 11 6/7/2012 6.4 5 12 6/28/2012 < 5. 5 13 7/4/2012 < 5. 5 14 7/18/2012 5.6 5 15 8/8/2012 < 5. 5 16 8/21 /2012 < 5. 5 17 9/6/2012 < 5. 5 18 9/19/2012 < 5. 5 19 10/2/2012 < 5. 5 20 10/19/2012 < 5 5 21 11/28/2012 < 5 5 22 12/7/2012 9.1 5 23 12/20/2012 < 5 5 24 1/4/2013 < 5 5 25 1 /29/2013 < 5 5 26 2/7/2013 < 5 5 27 2/20/2013 < 5 5 28 3/6/2013 < 5 5 29 3/26/2013 < 5 5 30 4/2/2013 < 5 5 31 4/17/2013 < 5 5 32 5/9/2013 < 5 5 33 5/21 /2013 < 5 5 34 6/4/2013 < 5 5 35 6/18/2013 < 5 5 36 7/3/2013 < 5 5 37 7/16/2013 < 5 5 38 7/23/2013 < 5 5 39 8/6/2013 < 5 5 40 8/21 /2013 46 46 41 9/11/2013 < 5 5 42 9/24/2013 14 14 43 10/8/2013 17 17 44 10/29/2013 < 5 5 45 11/14/2013 < 5 5 46 11 /26/2013 < 5 5 47 12/3/2013 < 5 5 48 12/17/2013 < 5 5 49 1/10/2014 < 5 5 50 1/22/2014 < 5 5 51 2/3/2014 < 5 5 52 2/18/2014 < 5 5 53 3/6/2014 < 5 5 54 3/19/2014 < 5 5 55 < 5 5 56 < 5 5 57 < 5 5 58 10/9/2014 20 20 We 'PASTE SPECIAL 11 Values' then ^COPY' . IA"Imum data oWnls = 58 6.33 0.9428 58 1.00 46.0 ug/L 46.0 ug/L Fluoride Date Data BDL=112DL Results 1 1/10/2012 < 1. 0.5 Std Dev. 2 1/25/2012 < 1. 0.5 Mean 3 2/2/2012 < 1. 0.5 C.V. 4 2/21/2012 < 1. 0.5 n 5 3/8/2012 < 1. 0.5 6 3/27/2012 < 1. 0.5 Mult Factor = 7 4/10/2012 < 1. 0.5 Max. Value 8 4/27/2012 < 1. 0.5 Max. Pred Cw 9 5/8/2012 < 1. 0.5 10 5/24/2012 < 1. 0.5 11 6/7/2012 < 1. 0.5 12 6/28/2012 < 1. 0.5 13 7/4/2012 < 1. 0.5 14 7/18/2012 < 1. 0.5 15 8/8/2012 < 1. 0.5 16 8/21/2012 < 1. 0.5 17 9/6/2012 < 1. 0.5 18 9/19/2012 < 1. 0.5 19 10/2/2012 < 1. 0.5 20 10/19/2012 < 1 0.5 21 11/13/2012 < 1 0.5 22 11 /28/2012 < 1 0.5 23 12l7/2012 < 1 0.5 24 12/20/2012 < 1 0.5 25 1 /4/2013 < 1 0.5 26 1/29/2013 < 1 0.5 27 2/7/2013 < 1 0.5 28 2/20/2013 < 1 0.5 29 3/6/2013 < 1 0.5 30 3/26/2013 < 1 0.5 31 4/2/2013 < 1 0.5 32 4/17/2013 < 1 0.5 33 5/9/2013 < 1 0.5 34 5/21 /2013 < 1 0.5 35 6/4/2013 0.43 0.43 36 6/18/2013 0.38 0.38 37 7/3/2013 0.44 0.44 38 7/16/2013 0.36 0.36 39 7/23/2013 0.35 0.35 40 8/6/2013 0.24 0.24 41 8/21/2013 0.29 0.29 42 9/11/2013 0.24 0.24 43 9/24/2013 0.23 0.23 44 10/8/2013 0.2 0.2 45 10/29/2013 0.24 0.24 46 11/14/2013 0.16 0.16 47 11/26/2013 0.6 0.6 48 12/4/2013 0.19 0.19 49 12/17/2013 0.24 0.24 50 1/10/2014 0.28 0.28 51 1 /22/2014 0.22 0.22 52 2/3/2014 0.23 0.23 53 2/18/2014 0.31 0.31 54 3/6/2014 0.27 0.27 55 3/19/2014 0.36 0.36 56 0.21 0.21 57 0.19 0.19 58 11/18/2014 0.28 0.28 Use 'PASTE SPEC1 Values' then'COF Maximum data points = So 0.4128 0.2975 58 1.00 0.6 mg/l 0.6 mg/l 013, data 6/28/2019 m CD rn �o oW �d r c n < C 3 1 `° `° m Mo 0 0 ?V nz S � a Z a aCA v m 29 H D c POL UNITS � r 00 00 0 z w 0 z °i o E ro m m v O -i m nrl w nl z � Y y i I v I C � I r m I E, I K o G O o C tn00000 eeeeel o n o p o D w 0 ao AT W NCDEENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary MEMORANDUM To: S. Jay Zimmerman From: Teresa Rodriguez Through: Tom Belnick/ Jon Risgard/ Jeff Poupart Date: March 17, 2015 Subject: Request for Public Hearing - NC0004308 - Alcoa Badin Works The draft permit for the Alcoa Badin Works was public noticed on January 30, 2015. During the 30 day comment period we received a letter from Duke Environmental Law & Policy Clinic on behalf of the Yadkin Riverkeeper requesting a public hearing. The main concerns expressed by the group are as follows: • The inclusion of a three year schedule of compliance for cyanide and fluoride limits resulting in no enforcement for violations during the three years; • the permit did not include limits for TCE, only monitoring; • the draft permit does not meet antibacksliding provisions since it relaxed some requirements from the previous permit; • the effect of the discharge from outfall 005 into Little Mountain Creek which is impaired for poor bioclassification. After the 30 day comment period ended we received 23 emails requesting a public hearing. This is a permit renewal for Alcoa's closed aluminum smelting plant in Badin. The draft permit includes 10 outfalls. Four outfalls are considered wastewater outfalls due to the discharge of contaminated stormwater and groundwater. The six remaining outfalls discharge stormwater. Cyanide and fluoride limits were added to outfalls that presented reasonable potential to exceed the water quality standards. A schedule of compliance of three years was included for new limits. In addition the permit was updated to include current stormwater conditions and removing the conditions pertaining to effluent guidelines based on production. Please advise on the request for a public hearing. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper HEARING OFFICER REPORT for Renewal of NPDES Permit NCO004309 Alcoa- Badin Works This report is presented to the Director of the North Carolina Division of Water Resources INTRODUCTION Based on public comment requesting a public hearing on the Draft NPDES Permit renewal for Alcoa Badin Works in Stanly County, a subsequent public notice announcing a public hearing/public comment was published on May 13, 2015 in the Stanly News and Press and on May 23, 2015 in the Charlotte Observer. A public hearing was held on July 1, 2015, at the Stanly County Commissioner's Commons Meeting room in Albemarle, NC. Oral and written comments became part of the public record, which was closed at the end of the hearing. W. Corey Basinger with the Division of Water Resources' Winston-Salem Regional Office served as the Hearing Officer. This Hearing Officer Report summarizes the major issues raised through the public hearing process, as well as the Hearing Officer recommendations for the NPDES permit renewal. The Director of the Division of Water Resources will take final action on these recommendations, and a revised permit will then be re -noticed for public comment. FACILITY BACKGROUND Alcoa Badin Works is a closed aluminum smelting plant that was in operation between 1917 and 2007. The plant completed the shutdown in 2010 and operation and supporting equipment were dismantled and removed from the site. Groundwater and stormwater are still discharged through 10 permitted outfalls to Badin Lake (classified WS-IV, B CA waters) and an unnamed tributary to Little Mountain Creek (classified WS-IV waters) in the Yadkin River Basin. Little Mountain Creek is listed on the 303(d) list of impaired waters for benthos and Badin Lake is impaired for PCB. The following table shows the outfalls 1D# along with a description of wastewater sources and receiving stream name. Table 1.Outfalis Description Outfall ID I Wastewater Sources Receiving Stream 002 Stormwater Badin Lake (Yadkin River) 004 Stormwater Unnamed Tributary (UT) to Little Mountain Creek 005 Stormwater, groundwater and fire protection water UT to Little Mountain Creek Outfall 012 overflow - Stormwater, groundwater and O11 fire protection wafer. � Badin Lake (Yadkin River) Outfall liD Wastewater Sources Receiving Stream 012 diffuser Stormwater, groundwater and fire protection water. Badin Lake (Yadkin River) 013 Stormwater, spring water, and groundwater drainage from an area that includes a former Alcoa landfill site SWMUs #I & 22 . Badin Lake (Yadkin River) 017 Stormwater UT to Little Mountain Creek Little Mountain Creek 018 Stormwater T 019 Pond overflow from the landfill cover drainage system collection pond. No contact with the landfill material Badin Lake (Yadkin River) 020 Stormwater Badin Lake (Yadkin River) The site includes two closed landfills, the Alcoa-Badin Landfill (Solid Waste Management Unit (SWMU) #2), and the old Brick Landfill (SWMU #3). The Division of Waste Management (DWM) is involved in ongoing Corrective Measures Studies and CERCLA investigations to address groundwater contamination. The main area of concern is the Alcoa Badin Landfill area, just to the south of the plant site. Seepage from the landfill is collected in a seepage collection system and pumped to the Badin WWTP. An investigation is ongoing to determine if seeps and groundwater are migrating to Little Mountain Creek. PUBLIC RECORD The Division held a public hearing in Albemarle, NC on July 1, 2015. Approximately 81 people attended the public hearing, of which 14 attendees provided oral comments. Attendees and speakers included representatives from environmental interest groups and concerned citizens. The Division also received 84 written comments. Listed below is a summary of issues raised, Division staff response to those comments, and staff recommendations on permit language based on the comment. 1) Compliance Schedule. The 3-year compliance schedule to comply with new cyanide and fluoride limits is too long. Response: Based on public concern, the Department has decided to withdraw the compliance schedule for Outfalls 005, 011, 012, and 013. 2) Alcoa Badin Landfill (SWMU No. 2). More contaminant characterization is needed around the Alcoa Badin Landfill Response: The. Division of Waste Management (DWM) is the lead agency involved in ongoing waste characterization studies and remediation efforts focused on the Alcoa Badin landfill. Prior RCRA interim corrective actions have included installation of a landfill cover system. The DWM is currently evaluating leachate, emergent groundwater, surface water and sediment between the Alcoa Badin Landfill and Little Mountain Creek; the data will be used to determine if there has been a release of hazardous constituents 2 attributable to the landfill at the interface between the landfill. and surface water pathway, in order to evaluate the site's future disposition under CERCLA. The Division of Water Resources (DWR) has complimentary studies to evaluate potential impacts to surface waters. Based on public concern, DWR staff recommends that monthly instream monitoring for pollutants of concern be added for various locations along Little Mountain Creek to enable determination of whether surface water quality standards are being violated. 3) TCE Limit. The permit should include effluent limits for trichloroethene (TCE) at Outfalls 011 and 012: Response: TCE was detected in groundwater at concentrations ranging from 19 to 86 ug/l, in areas draining towards Outfalls 011 and 012. TCE quarterly monitoring was included in the draft permit. Based on public concern, DWR staff recommends that the TCE monitoring -only requirement be changed to a permit limit with monthly monitoring at Outfalls 011 and 012. 4) Wastewater Characterization. The permit should include analysis for other potential contaminants such as arsenic, lead, PCBs, and PAHs. Reseonse: Based on public concern, DWR staff recommends that a fall effluent priority pollutant analysis be added to each wastewater outfall (005, 011, 012, 013) with results submitted to the Division during the first year of the permit term. 5) Environmental Justice. The permit is likely to have an adverse and disproportionate impact on the local community on the basis of race. Response: This facility began aluminum smelting operations in 1917, and the site location was based on availability of nearby hydropower supplied by dams on the Yadkin River. The NPDES permit is based on protection of surface water quality standards. The permit limits are designed to protect for human health and the environment. The proposed new permit limits for cyanide will reduce potential human health impacts. The removal of the compliance schedule will also expedite compliance with surface water quality standards. A public notice of the public hearing was placed in a local newspaper, and a public hearing was held on this draft permit to obtain input from local citizens. The Division of Waste Management has also held public meetings in the past to discuss RCRA activities at this site. DWR staff does not recommend changes to the permit result from this comment. 6) Don't treat site as a Stormwater Permit. This permit should be treated as a groundwater remediation discharge permit and not a stormwater permit. Some of the Stormwater-Only outfalls are commingled with massively polluted groundwater, and should be permitted as such. Response: Based on the contaminated groundwater, this permit is indeed a wastewater permit issued by DWR, and not a stormwater permit issued by DEMLR. The outfalls with identified contaminated groundwater include effluent limitations, based on protection of human health and aquatic life. There are also a few stormwater-only outfalls that do not contain effluent limitations, but are based upon stormwater 3 benchmark values and best management practices. In both the 2008 permit as well as this 2015 draft permit, there is a requirement for the Permittee to evaluate the stormwater- only outfalls for the presence of non-stormwater discharges, and re -certify annually that the stormwater outfalls have been evaluated. Based on public concern, Division staff recommends that the stormwater language in B(2)1(e) be updated to require additional investigation and sampling if non-stormwater flow is detected in stormwater outfalls. 7) Permit Not Protective and Less Stringent. The proposed permit is not sufficient to protect water quality; and is less stringent than the previous 2008 permit. Response: Division staff does not concur. The proposed permit is more stringent than the previous 2008 permit. New cyanide limits have been added to Outfalls 005, 011, 012, and 013. New fluoride limits have been added to Outfalls 005 and 011. These limits are based on surface water quality standards for protection of human health and environment. DWR staff does not recommend changes to the permit result from this comment. 8) Antidegradation. The draft permit conflicts with the antidegradation policy. Response: Division staff does not concur. Antidegradation analysis is reserved for new and expanding discharges, while this permit action is for a renewal. There are more limits imposed in this permit renewal compared to the previous permit, so surface water quality should improve. There is also no basis for statements claiming that this permit is likely to increase pollutant loading to the waterbodies. DWR staff does not recommend changes to the permit result from this comment. 9) Antibackslidin . The reductions in effluent limitations and monitoring requirements violates the Clean Water Act anti -backsliding provisions. Response: Division staff does not concur. The proposed permit includes more water quality -based effluent limitations than the previous 2008 permit (refer to Response #7). The only toxicant limit removed from the previous permit was fluoride at Outfall 013 based on lack of reasonable potential. The need for toxicant limits is based upon a demonstration of reasonable potential, a statistical evaluation that is conducted during every permit renewal utilizing the most recent effluent data for each outfall. The reasonable potential analysis is conducted in accordance with 40 CFR 122.44 (d)(i). Monitoring frequencies for these toxicants are in accordance with the Division's "Monitoring Frequency for Toxic Substances" guidance dated July 15, 2010. The monitoring frequencies (monthly or quarterly) will provide sufficient data to perform a reasonable potential analysis at the next permit renewal. Outfalls identified as "Stormwater-Only Outfalls" will be monitored semi-annually in accordance with NCDEMLR stormwater permitting practices, and similar to the stormwater monitoring requirements during the previous 2008 permit. DWR staff does not recommend changes to the permit result from this comment. 10) Deng Permit. The DWR should deny Alcoa's NPDES permit, complete a waste characterization study of the landfill before making further permitting decisions, and 4 f instead institute an enforcement action to ensure that Alcoa takes necessary steps to remediate its sources of pollution. Response: Division staff disagrees. There is significant public concern about the Alcoa Badin Landfill and its potential impacts to Little Mountain Creek. A revised NPDES permit containing effluent limits for cyanide/fluoride with immediate compliance required at Outfall 005 (which discharges to Little Mountain Creek) along with instream monitoring requirements through Little Mountain Creek is a preferable option for surface water protection. This information will be shared with DWM, which is the lead agency for ongoing RCRA/CERCLA characterization and remediation activities at the landfill sites. DWR staff does not recommend changes to the permit result from this comment. 11) EPA Cyanide Loading Estimate. The Alcoa Badin Works discharged 16,309 pounds of cyanide to Badin Lake/Little Mountain Creek in 2014, according to an EPA website. Response: EPA has corrected their website, which contained an error in concentration units. The website now states a discharge of 26 pounds of cyanide in 2014. DWR staff does not recommend changes to the permit result from this comment. 12) Alcoa Badin Landfill/Outfall 005. The detections of cyanide at Outfall 005 indicate that the Alcoa Badin landfill is contributing to violations of surface water quality standards in Little Mountain Creek. Response: Division staff concur that Outfall 005 is contributing cyanide to Little Mountain Creek. However, according to the facility's drainage map it appears that Outfall 005 does not receive drainage from the landfill. DWR stag' does not recommend changes to the permit result from this comment. 5 HEARING OFFICER RECOMMENDATIONS Based on review of the public record and written/oral comments received during the public hearing process, I recommend to the Division Director that the Alcoa Badin Draft NPDES Permit (NC0004308) be revised as follows: 1. The three (3) year compliance schedule should be withdrawn for Outfalls 005, 011, 012 and 013. 2. Monthly instream monitoring for pollutants of concern be added for locations along Little Mountain Creek. These sampling locations should be consistent with current sampling locations utilized by the Mooresville Regional Office while conducting an ongoing sampling regimen to determine if and to what extent surface water quality standards are being violated: The pollutants of concern should include at a minimum Arsenic, Fluoride and Cyanide. 3. •Trichloroethene (TCE) monthly monitoring with permit limit should be added to Outfalls 011 and 012. 4. Stormwater language found in B.(2)1(e) be modified to require additional investigation and sampling (for priority pollutant parameters) if non-stormwater flows/discharges are detected in the stormwater outfalls. 5. US Army Corps of Engineers (USAGE) should be requested to issue a jurisdictional determination for all seeps/drainages from landfill to Little Mountain Creek. 6. Recommend that a full priority pollutant analysis be added to outfalls 005, 011, 012, and 013 with a report submitted to the Division the first year of permit. 7 W. Corey Basin er, hearing Officer APPENDICES "V op 1 '' Date A. Draft Permit and Fact Sheet B. Announcement of the Draft Permit and Public Hearing C. Hearing Registration Sheets 6 3 N N N N N N N N N N N N N N 0`D O O O O O O O O O O O O 0 0 V V V V V V V V V V V V V V C 00 010O.01 00 0101 O0 4'�O 0�pp� lo N 9- N© CO L,j N L0 CD CD CL J NOD MM 0 M"tNN R qw M— CV 0 C` ) M CO r r lL� V N CV CV E 3 J O_ O_ O _O _O O O O O O O O 00 0� V V V V V V V V V V V V V V t U J\ •� U.) Lo Lo N Un lI] Lo LO Oq O O O O O O O O O O O O O O p =, V V V V V V V V V V V V V V U C6 c C 3 0 -0 E LO M N O Cn (U 7 f0 j Lt1 C � N C O C Z' � C F- N CA a) C h m E Y C j O) C a U U > m p o N N E 0 o m N q3 N m a � > rn 3 JamC9 Co c Y V c -j a a Q 3: U v LO O r O N co C >, cc m CU 'C a U Q a E _3 M N N N r 5. 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E N LO @ C m m .0 a E � 2c 3 �mt7 0 c U c U vJ a N 0) .09 -I < � � N 7 f6 v N m E y N O C v rn c y N E Im C_ m m rn L W L_ �3 O1 C U a� L U Fluoride: An Overview of North Carolina's Standard Development - ',-Arch 2001 Introduction North Carolina's current fluoride surface water quality standard of 1.8 mg/L was adopted in 19. This standard has been applied to several mine discharges in the Appalachian Mountains especially along the North Toe River near Spruce Pine. Fluoride in the form of hydrofluoric acid is used to separate feldspar from mica. Other actual and potential sources of fluoride pollution include aluminum and phosphate fertilizer manufacturing and uranium processing. Recently the origins of the fluoride standard have been questioned. This report reviews the development and subsequent review of the fluoride standard, as well as provides additional information on fluoride uses and background concentrations. Chemistry & Occurrence in Surface Waters The term fluoride properly refers to numerous natural and synthesized compounds that are derived from hydrofluoric acid. This class of chemicals is commonly referred to as fluorides. Some of these compounds, such as oxygen difluoride, are very reactive and highly toxic. Fluoride salts, such as sodium fluoride and calcium fluoride, are much less reactive and much less toxic. Numerous different fluoride compounds exist naturally in the environment and have varying chemical properties. However, the fluoride ion is the toxicologically active agent within this group of compounds. Most literature on fluoride toxicity concerns sodium fluoride. Additional toxicity literature is available on some other forms of fluoride, such as stannous fluoride. Fluoride has a low bioaccumulative potential that is reflected in its relatively high acute:chronic ratio(20). Bioaccumulation in carp has been reported to range from 9 to 32 L/kg and in molluscs the rariges are from 11 to 85 L/kg. Bioaccumulation factors greater than 100 L/kg are considered to be of concern. Most fluoride enters the bones or skin where it is relatively inaccessible and unavailable to the organism and to other organisms that may eat the organism. Natural background levels of fluoride are low in North Carolina waters. Simmons and Heath' studied water quality in undisturbed streams throughout the state to characterize background concentrations of various elements. Fluoride concentrations ranged from <0.1 (detection level) to 0.5 mg/L with mean values ranging from <0.1 to 0.2 mg/L around the state. An "average" background level of about 0.1 mg/L was indicated and no differences were apparent among different regions of the state. There is some data that indicates that hardness may have an impact on the toxicity of the fluoride ion2; however it is insufficient to develop a hardness -based standard for fluoride. A quick literature search in 2001 did not provide sufficient additional data to allow recalculation of the standard based on use of EPA's standard aquatic life or hardness equation. The search found nine research papers related to fluoride toxicity. Data from those papers has not been reviewed for acceptability per EPA guidance. However, the reported LC50s and EC50s were at or slightly lower than the ranges found by the Division in 1986. Uses In North Carolina, the freshwater fluoride standard has been applied to several mine discharges in the mountains. These mines use hydrofluoric acid to separate feldspar from mica. The impact of their discharges on fluoride concentrations, sediment and pH has been a concern. Fluorides are also used in the microelectronics industry, aluminum and phosphate fertilizer manufacturing and uranium processing. Standard Development The current standard of 1.8 mg/L was developed in 1977 using an acute:chronic ratio of 20 and a final acute values (FAV) of 36.1 mg/L. The FAV was modified to protect rainbow trout. In 1986, the Division reviewed the fluoride (F) standard.3 At that time, a total of 81 references on the freshwater toxicity of fluoride were located. Acutely toxic levels (96-hr LC50's) at water hardness of 17 to 200 mg/l as CaCO3 ranged from 925 mg/L F (Gambusia affnis) to 20 mg/L F (brown trout fry). Based on available data at that time, the final acute value would have been 15.6 mg/L F with trout and 4729 in IL F without trout and the acute:chronic ratio would be between 4 to 2. The resultant standards would have been between 3.9 and 7.8 mg/L F for trout waters and 12 and 24 mg/L F for non -trout waters. These values were considered to be approximations due to a lack of acute data (three additional species were needed to meet EPA guide. lines These findings were presented to EPA for their review. Based on the guidelines for deriving water quality criteria, EPA indicated that in order to modify the standard five additional studies (four acute and one chronic) were necessary. After taking into consideration EPA's response, the Division decided to keep the 1.8 mg/L standard until more chronic (and selected acute) data became available. Another review conducted by Shealy Environmental Services5 for Feldspar Corporation, Indusmin, Inc., and Unimin Corporation made the same recommendation based on the need for additional toxicity and environmental data. Current Research As noted in the Chemistry discussion, a quick literature search resulted in some additional data. A study by Camargo and La Point (1995)6 presented 96 hr LC50S for five net -spinning caddisflies. The data presented for the caddisflies would have resulted in two additional genus mean FAVs of 24.8 and 38.3 mg/L. While there still appears to be insufficient data to recalculate the fluoride standard per EPA guidance, these FAVs, if used to recalculate the standard, would have resulted in an FAV of 14 mg/L. This value is close to the 15.6 mg/L used for the original calculations. This review should not be considered sufficient to determine if recalculation of the fluoride standard is warranted. It is only intended to provide a more current perspective on the standard. 1 Simmons, CE and RC Heath. 1982. Water -quality characteristics of streams in forested and rural areas of North Carolina. Geological Survey Water -Supply Paper 2185. USGS, Raleigh, NC. 2 Division of Environmental Management. 1986. North Carolina Water Quality Standards Documentation: Toxicity of Fluoride to Freshwater Biota. Report No. 86-01. 3 Ibid. 4 EPA. 1985. Guidelines for Deriving Numerical National Water Quality Criteria for the Protection of Aquatic 5 Shealy Environmental Services, Inc. 1987. Toxicity of fluoride to selected freshwater organisms with recommendations on fluoride water quality criteria for the state of North Carolina. Columbia, South Carolina. 6 Camargo, JA and TW La Point. 1995. Fluoride toxicity to aquatic life: A proposal of safe concentrations for five species of palearctic freshwater invertebrates. Arch. Environ. Contain. Toxicol. 29(2):159-163. Division of Water Quality Planning Section Date: 8/l/2007 To: Connie Brower From: Nikki Remington RE: Fluoride standard re -calculation The current North Carolina surface water standard for the protection of aquatic life from Fluoride toxicity is 1.8 mg/L. This standard was adopted by the state in 1979. The Fluoride standard was recalculated in September of 2006 in order to account for new data sources that had become available. The recalculated value for the Fluoride standard was determined to be 0.63 mg/L. This value was never adopted as it was determined that additional data was needed to fulfill the requirements set forth in the EPA's document "Guidelines for Deriving Numerical Water Quality Criteria for the Protection of Aquatic Organisms and Their Uses" (Stephan et al., 1985). After reviewing the Fluoride data used in the 2006 calculation I determined another recalculation was needed, as new sources of data on Fluoride toxicity were again available. The 2006 Fluoride recalculation was based on data gathered from ECOTOX and three other supplementary sources, including a NCDEM Report and two peer reviewed journal articles. All of these sources were utilized in the current recalculation with some adjustments made to account for changes in data availability and interpretation. Currently, ECOTOX has removed some of the data used in the 2006 calculation from the database and new sources have also been added. Data from 2006 that no longer appears on ECOTOX was not included in the new recalculation. New ECOTOX sources were added to the calculation if they were deemed appropriate. Data from the NCDEM report and journal articles was also used in the calculation when applicable. Some species were removed from the 2006 data set (such as the Mayfly and Midge, which both had data derived from toxicity tests that didn't meet the federal guidelines for standards development) while other species were added (such as the caddisfly, Cheumatopsyche pettiti, which was originally determined to be a European species but was found to actually have populations throughout North America). After making the adjustments to the 2006 data set that I thought would best fulfill the requirements for aquatic life standards development as set forth in the federal guidelines, I calculated the new Fluoride standard value to be 0.695 mg/L for the protection of freshwater aquatic life. However, there is still a need for further data sources to fully comply with the data requirements as they are stated in the federal guidelines. Specifically, acute -chronic ratios are needed for three different families of aquatic organisms, including a fish, an invertebrate and another family that has been shown to be acutely sensitive to Fluoride. Currently a default safety factor of 0.05 has been used as a substitute for these needed ratios. Until these additional acute and chronic studies have been conducted, it would appear to be reasonable for North Carolina to maintain it's current Fluoride freshwater aquatic life standard of 1.8 mg/L (although it should be noted that the current standard may be slightly underprotective of aquatic life based on the existing data). References Used for Current Recalculation of Fluoride Standard Division of Environmental Management (DEM). 1986. North Carolina Water Quality Standards Documentation: Toxicity of Fluoride to Freshwater Biota. Report No. 86-01. Keller, A.E. and T. Augspurger. 2005. Toxicity of Fluoride to the Endangered Unionid Mussel, Alasmidonta raveneliana and Surrogate Species. Bull. Environ. Contain. Toxicol. 74:242-249. Metcalfe -Smith et al. 2003. Toxicity of Aqueous and Sediment -Associated Fluoride to Freshwater Organisms. Environ. Toxicol. Chem. 22(1): 161-166. Stephan, C.E., D.I. Mount, D.J. Hansen, J.H. Gentile, G.A. Chapman and W.A. Brungs. 1985. Guidelines for Deriving Numerical National Water Quality Criteria for the Protection of Aquatic Organisms and Their Uses. PB85-227049. National Technical Information Service, Springfield, VA. U.S. Environmental Protection Agency. 2006. ECOTOX User Guide: ECOTOXicology Database System. Version 4.0. 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