HNP-96-148, Forwards Revised NPDES Permit NC0039586,effective 960901

Forwards Revised NPDES Permit NC0039586,effective 960901

ML18012A351
Person / Time
Site:	Harris
Issue date:	08/30/1996
From:	Robinson W CAROLINA POWER & LIGHT CO.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
HNP-96-148, NUDOCS 9609170284
Download: ML18012A351 (90)

Text

CATEGORY 1 REGULMF INFORMATION DISTRIBUTIOlYSTEM (RIDE) t'CCESSION NBR:9609170284 DOC.DATE: 96/08/30 NOTARIZED: NO FACIL:50-400 Shearon Harris Nuclear Power Plant, Unit 1, Carolina

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RUTH.NAME AUTHOR AFFILIATION BINSON,W.R.

Carolina Power S Light Co.

RECIP.NAME RECIPIENT AFFILIATION Document Control Branch (Document Control Desk)

SUBJECT:

Forwards revised NPDES permit NC0039586,effective 960901.

DISTRIBUTION CODE:

IE23D COPIES RECEIVED:LTR ENCL SIZE:

TITLE: Environmental Event Report (per Tech Specs)

NOTES:Application for permit renewal filed.

DOCKET 05000400 05000400 RECIPIENT ID CODE/NAME PD2-1 PD INTERNAL: ACRS OGC/HDS2 EXTERNAL: NOAC COPIES LTTR ENCL 1

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PLEASE HELP US TO REDUCE WASTETH CONTACT THE DOCUMENT CONTROL DESK, ROOM OWFN 5D-5(EXT. 415"2083)

TO ELIMINATE YOUR NAME FROM DISTRIBUTION LISTS FOR DOCUMENTS YOU DON'T NEED!

TOTAL NUMBER OF COPIES REQUIRED:

LTTR 12 ENCL '2

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Carolina Power & Light Company PO Box 165 New Hill NC 27562 AUG 30 1996 United States Nuclear Regulatory Commission ATTENTION: Document Control Desk Washington, DC 20555 William R. Robinson Vice President Harris Nuclear Plant Serial: HNP-96-148 SHEARON HARRIS NUCLEARPOWER PLANT DOCKETNO. 50-400/LICENSE NO. NPF-63 REVISED NPDES PERMIT SUBMITTAL Gentlemen:

In accordance with the requirements ofthe Harris Nuclear Plant (HNP) Environmental Protection Plan, a copy ofthe National Pollutant Discharge Elimination System (NPDES) permit is enclosed.

This permit was renewed by the State ofNorth Carolina - Department of Environment, Health and Natural Resources on July 31, 1996. Ifyou have any questions regarding this submittal, please contact Mr. T. D. Walt at (919) 362-2711.

Sincerely, MV Enclosure Mr. J. B. Brady (NRC Senior Resident Inspector - HNP)

Mr. S. D. Ebneter (NRC Regional Administrator - Region II)

Mr. N. B. Le (NRC Project Manager - NRR)

'P609f70284 960830 poR

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PDR State Road1134 NewHill NC Tel 919362-2502 Fax 919362-2095

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Permit No. NC0039586 STATE OF NORTH CAROLINA DEPARTMENTOF ENVIRONMENT,HEALTH,ANDNATURALRESOURCES DIVISIONOF WATERQUALITY PERMIT TO DISCHARGE WASTEWATERANDSTORMWATER UNDER THE ATI NAL P LL TA T DI HAR E KLIMINATIN Y TE In compliance with the provisions ofNorth Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Carolina Power &Light Company is hereby authorized to discharge wastewater and stormwater from a facilitylocated at Harris Nuclear Plant/Harris Energy &Environmental Center Shearon Harris Road and New Hilj/Holleman Road New Hill Wake County to receiving waters designated as Harris Reservoir in the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III,IV, and V hereof.

This permit shall become effective September 1, 1996.

This permit and the authorization to discharge shall expire at midnight on March 31, 2001.

Signed this day July 31, 1996.

~ Presto ward, Jr., P.E., Director ivision ofWater Quality By the Authorityofthe Environmental Management Commission

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h Permit No. NC0039586 SUPPLEMENT TO PERMIT COVER SHEET is hereby authorized to:

Carolina Power &;LightCompany

1. Continue to discharge cooling tower blowdown from outfall 001, and

2. Continue to operate a 0.05 MGD extended aeration domestic wastewater treatment facility consisting of dual-path equalization, aeration, sludge holding, clarification, and chlorination with discharge of treated domestic wastewater, HVAC condensate, and organic developers from the microfilmprocessing laboratory from outfall 002, and

3. Continue to operate a metal cleaning waste treatment system consisting of a neutralization basin for pH adjustment and a settling basin with discharge of treated wastewater from outfall 003, and

4. Continue to operate a low volume waste treatment system consisting of neutralization, sedimentation, and separation with discharge from outfall 004, and

5. Continue to operate a radwaste system with discharge from outfall 005, and

6. Discharge wastewater from outfalls 001 through 005 through the combined discharge outfall 006 located at Carolina Power &Light Company, Harris Nuclear Power Plant, 5413 Shearon Harris Road, New Hill,Wake County, and

7. Continue to operate a 0.02 MGD domestic wastewater treatment facility consisting of comminuter and manual bar screen, influent pump station, aerated pond, stabilization pond, polishing pond, sand filtration, chlorination, and dechlorination with discharge from outfall 007 located at Harris Energy k Environmental Center, 3932 New Hill/Holleman Road, New Hill, Wake County, and

8. Discharge wastewater from said treatment works at the locations specified on the attached map into Harris Reservoir which is classified Class C waters in the Cape Fear River Basin.

9. Discharge stormwater from the locations specified on the attached map into Harris Reservoir which is classified Class C waters in the Cape Fear River Basin.

Alldischarges shall be, in accordance with the attached schedules as follows:

Part I:

Wastewater Monitoring, Controls and Limitations for Permitted Discharges Part II:

Stormwater Monitoring, Controls and Limitations for Permitted Discharges Part III: Standard Conditions for NPDES Permits Part IV: Annual Administering and Compliance Monitoring Fee Requirements Part V:

Limitations Reopener Any other wastewater, and stormwater associated with industrial activities 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, judgement, or decree.

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NORTH CAROLINA Harris Nuclear P/ant,r i r Carolina Power 8 Light Co.

NC0039586 Wake County Harris Nuclear Plant WWTP Latitude Longitude Map P~>~V~

Sub-basin 030607 Stream Class C

Discharge Class 100% Industrial Receiving Stream Harris Resevoir Design Q ~wt Permit expires 313t101

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Permit No. NC0039586 PART I WASTEWATER MONITORING, CONTROLS, AND LIMITATIONSFOR PERMITTED DISCHARGES ECTIONA: FINALLIMITATIN ANDCONTR LSFORWASTEWATERDISCHAR ES This permit shall be modified, or revoked and reissued to incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge.

1. Biocide Condition The permittee shall not use any biocides except those approved in conjunction with the permit application. The permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in the cooling systems which may be toxic to aquatic life other than those previously reported to the Division of Environmental Management.

Such notification shall include completion ofBiocide Worksheet Form 101 and a map locating the discharge point and receiving stream.

2. Acute ToxicityMonitoring (Quarterly) - Outfall 006 The permittee shall conduct acute toxicity tests on a ~carte~rI basis using protocols defined as definitive in E.P.A. Document 600/4-85/013 entitled "The Acute Toxicity of Effluents to Freshwater and Marine Organisms."

The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 48 hour5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> static test, using effluent collected as a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> composite.

Effluent samples for self-monitoring purposes must be obtained during representative effluent discharge below all waste treatment.

The first test willbe performed after thirty days from the effective date of this permit during the months ofAugust, November, February, and May.

The parameter code for this test is TAA6C. Alltoxicity testing results required as part of this permit condition willbe entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DEM Form AT-1 (original) is to be sent to the followingaddress:

Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Rd.

Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data.

Total residual chlorine of the effluent toxicity sample must be measured and reported ifchlorine is employed for disinfection of the waste stream.

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,Pa/I Permit No. NC0039586 Should any test data from either these monitoring requirements or tests performed by the North Carolina Division ofEnvironmental Management 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 willrequire immediate retesting(within 30 days ofinitialmonitoring event). Failure to submit suitable test results willconstitute noncompliance with monitoring requirements.

3. Acute ToxicityPass/Fail Permit Limit(Quarterly) - Outfall 007 The permittee shall conduct acute toxicity tests on a ggart~erI basis using protocols defined in the North Carolina Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A Single Effluent Concentration."

The monitoring shall be performed as a Fathead Mi

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24h composite.

The effluent concentration at which there may be at no time significant acute mortality is 90% (defined as treatment two in the North Carolina procedure document). Effluent samples for self-monitoring purposes must be obtained during representative effluent discharge below all waste treatment.

The first test willbe performed after thirty days from the effective date of this permit during the months of February, May, August, and November.

Alltoxicity testing results required as part of this permit condition willbe entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGE6C. Additionally, DEMForm AT-2 (original) is to be sent to the following address:

Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported ifchlorine is employed for disinfection ofthe waste stream.

Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring willbegin immediately until such time that a single test is passed.

Upon passing, this monthly test requirement willrevert to quarterly in the months specified above.

Should any test data from either these monitoring requirements or tests performed by the North Carolina Division ofEnvironmental Management 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 willrequire immediate retesting(within 30 days ofinitial monitoring event). Failure to submit suitable test results willconstitute noncompliance with monitoring requirements.

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Part I Permit No. NC0039586

4. AuxiliaryReser voir In order to ensure that the auxiliary reservoir is available for its designed use at all times, the permittee may circulate heated water through the auxiliary reservoir to prevent ice formation at any time that the surface water temperature is below 35', provided that the surface water temperature in the auxiliary reservoir is not raised more than 5' above ambient temperature and in no case is raised to more than 40'. Emergency Service Water may be discharged to the AuxiliaryReservoir as required for operation of nuclear safety systems and testing.

5. Discharge of Polychlorinated Biphenyl's There shall be no discharge ofpolychlorinated biphenyl's (PCB's) from this facility to the extent that this compound is not present in the facility's intake waters.

6. Nutrient Condition for Permits Without Phosphorus Limits This permit may be modified, or revoked and reissued to include an effluent limitation on nutrients for this discharge depending upon the following:

a.

The findings of a study by the Division of Environmental Management determine nutrient control is necessary.

b. The onset ofproblem conditions in the receiving waters.

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A. (). EFFLUENT LIMITATIONSAND MONITORINGREQUIREMENTS FINAL Permit No. NC0039586 During the period beginning on the effective date ofthe permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number.001 Cooling Tower Blowdown. Such discharges shall be limited and monitored by the permittee as specified below:

Flow" Free Available Chlorine'"

Total Residual Chlorine Time of TRC (min/day/unit)"*

Total Chromium (++)

Total Zinc (++)

The 126 Priority Pollutants

(++)

Ltuldm Ihn ~ DUh J5ax Sun-~.

0.2 mg/I 0.2 mg/I 1.0 mg/I 0.5 mg/I 120.0 min 0.2 mg/I 1.0 mg/I Continuous Weekly Weekly Weekly Weekly Weekly Annually Daib~t.

Eu~uumn Saamle XxRO Recorder

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Calculations Grab Grab Grab E

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• Sample Locations: E - Effluent prior to mixing with any other waste stream

• • Discharge ofblowdown from the cooling system shall be limited to the minimum discharge ofrecirculating water necessary for the purpose of discharging materials contained in the process, the further build-up of which would cause concentrations or amounts exceeding limitations ofestablished engineering practice. The discharge shall not result in the violation ofthe temperature or chlorine water quality standards outside of a mixing zone of200 acres around the point ofdischarge.

The temperature within the mixing zone shall not: (1) prevent free passage of fish around or cause fish mortality within the mixing zone, (2) result in offensive conditions, (3) produce undesirable aquatic life or result in a dominance of nuisance species outside of the zone, or (4) endanger the public health or welfare. Apump log may be used in lieu ofcontinuous monitoring. The permittee may discharge cooling water to the auxiliary reservoir in compliance with Part I, Section A, Paragraph 4 ofthis permit.

• ~*Neither free available chlorine nor total residual chlorine may be discharged from any unit for more than two hours in any one day and not more than one unit in any plant may discharge free available or total residual chlorine at any one time unless the utilitycan demonstrate to the Director ofthe Division ofEnvironmental Management that the units in question cannot operate at or below this level ofchlorination. The permittee shall record and report times ofrelease as a part ofthe monthly monitoring report.

(Continued next page)

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A. (). EFFLUENT LIMITATIONSANDMONITORINGREQUIREMENTS - CONTINUED Permit No. NC0039586 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001 Cooling Tower Blowdown. Such discharges shall be limited and inonitored by the perinittee as specified below:

U It Monit ln e ulrement I

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(Continued from previous page)

(+) Free available chlorine shall be a daily average and daily maximum. Samples shall be multiple grabs at the tower which shall consist of grab samples collected at the approximate beginning ofthe total residual chlorine discharge and once every 15 minutes thereafter until the end of the total residual chlorine discharge. For the purpose of this permit, daily average (as it relates to the chlorination period) shall mean the average over any total residual chlorine discharge period.

(++) These limitations and monitoring requirements apply only ifthese materials are added for cooling tower maintenance by the permittee.

There shall be no discharge ofdetectable amounts ofthe 126 prioritypollutants contained in chemicals added for cooling tower maintenance except forTotal Chromium and Total Zinc. Compliance with the limitations for the 126 priority pollutants (40 CFR 423) may be determined by engineering calculations which demonstrate that the regulated pollutants are not detectable in the discharge by the analytical methods in 40 CFR 136.

Test procedures shall produce minimum detection or lower reporting level o(approved procedure.

A. (). EFFLUENT LIMITATIONSANDMONITORINGREQUIREMENTS FINAL Permit No. NC0039586 During the period beginning on the effective date ofthe permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 002 Sanitary Waste Treatment Plant. Such discharges shall be limited and monitored by the permittee as specified below:

flow BOD, 5 day, 20'C Total Suspended Residue NH3as N Fecal Coliform (geometric mean)

Total Residual Chlorine 0.05 MGD 30.0 mg/I 30.0 mg/I 200.0/100 ml 9'Illy~tie 45.0 mg/I 45.0 mg/I 400.0 /100 ml itori e

rmnt PrrLLp,XX Continuous 3/Week 3/Week Monthly Weekly Weekly R

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XxRR Recording" Composite Composite Composite Grab Grab yJe I or E E

• Sample locations: E - Effluent prior to mixing with any other waste stream, I - Influent

• • Flow may be measured by pump log.

Test procedures shall produce minimum detection or lower reporting level ofapproved procedure.

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A. (). EFFLUENT LIMITATIONSANDMONITORINGREQUIREMENTS FINAL Permit No. NC0039586 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 003 Metal Cleaning Wastes***. Such discharges shall be limited and monitored by the permittee as specified below:

Flow" Copper Iron Lb'~

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0.05 MGD 1.0 mg/I 1.0 mg/I Daily Daily DRIJl~EK4 EKQEDKJRRL

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• Sample locations: E - Effluent prior to mixing with any other waste stream.

• • Discharge from outfall 003 must continue to be routed to outfall 004 before final discharge.

Flow shall be measured during discharge using pump logs.

• • • The term "metal cleaning wastes" means any wastewater resulting from cleaning (with or without chemical cleaning compounds) any metall'rocess equipment including, but not limited to, boiler tube cleaning, boiler fireside cleaning, and air preheater cleaning.

In the event that metal cleaning waste must be processed and discharged through the liquid radwaste system, the discharge shall comply with the limitations specified for metal cleaning wastes prior to mixing with other waste streams.

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A. (). EFFLUENT LIMITATIONSANDMONITORINGREQUIREMENTS FINAL Permit No. NC0039586 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 004 Low Volume Wastes***. Such discharges shall be limited and monitored by the permittee as specified below:

Flow TSS Oil and Grease Hydrazine IJu Chic Ehn fhm. Dalb~iax 1.5 MGD 30.0 mg/I 15.0 mg/I 100.0 mg/I 20.0 mg/I Daib~Ut.

Eammamx Weekly Weekly Weekly Weekly tamale XERIC Estimate" Grab Grab Grab

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• Sample locations: E - Effluent prior to mixing with any other waste streams.

• • Flow shall be estimated during discharge.

• • • Low volume wastesources are defined in 40 CFR 423.11(b).

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A. (). EFFLUENT LIMITATIONSANDMONITORINGREQUIREMENTS FINAL Permit No. NC0039586 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 005 Radwaste System.

Such discharges shall be limited and monitored by the permittee as specified below:

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~g.gLe Flow TSS Oil and Grease JSQB~X9 DRlh~hK 30.0 mg/I 15.0 mg/I 100.0 mg/I 20.0 mg/I Monthly Monthly Monthly D.dh~t.

EXmmnut IxQR Estimate Grab Grab

• Sample locations: E - Effluent prior to mixing with any other waste streams.

A. (). EFFLUENT LIMITATIONSANDMONITORINGREQUIREMENTS FINAL Per mit No. NC0039586 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 006 Combined Outfall. Such discharges shall be limited and monitored by the permittee as specified below:

Hydrazine" Acute Toxicity" Copper Iron Nickel NH3as N TSS Total Nitrogen (NO2+NO3+TKN)

Total Phosphorus IJmLiiaX Ehn.~. Mh~lax Hsu~~

60.0 ug/I Weekly Quarterly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Saamb:

lxRR Grab

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• Sample locations: E - Effluent after combination ofall waste streams from outfalls 001 through 005 and prior to discharge into Harris Reservoir.

• • The hydrazine limitof 60.0 pg/I shall apply at all times except during the periods followingwet lay-up ofequipment during an extended outage when a hydrazine limitof2.0 mg/I shall apply for a total period ofno more than 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br />. Alternately, Carolina Power &Light may t elect to meet these limits at outfall 004, in which case sampling for hydrazine at outfall 006 is not required.

• • • Acute Toxicity (Fathead Minnow 48 hr) Quarterly Monitoring; August. November, February, and May; See Part I, Section A, Paragraph 2

(+) A composite sample consisting of24 or more grab samples ofequal volumes taken at equal intervals over a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> period.

The pH shall not be less than 6.0 standard units nor greater than 9.0 standard ynits and shall be monitored monthly at the effluent by grab sample.

There shall be no discharge of floating solids or visible foam in other than trace amounts.

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A. (). EFFLUENT LIMITATIONSANDMONITORINGREQUIREMENTS SUMMER (April 1 - October 31)

Permit No. NC0039586 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 007 Energy &Environmental Center WWTP.. Such discharges shall be limited and monitored by the permittee as specified below:

torin Re Ir t

Flow BOD, 5 day, 20'C Total Suspended Residue NH3as N Fecal Coliform (geometric mean)

Total Residual Chlorine Temperature Total Nitrogen (NO2+ NO3+ TKN)

Total Phosphorus Dissolved Oxygen" Acute Toxicity'"'.02 MGD 15.0 mg/I 30.0 mg/I 4.0 mg/I 200.0/100 ml 22.5 mg/I 45.0 mg/I 400.0 /100 ml 28.0 pg/I e

e t Weekly Weekly Weekly Weekly Weekly 2/Week Weekly Quarterly Quarterly Weekly Quarterly SRK!kLc.

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Instantaneous Grab Grab Grab Grab Grab Grab Grab Grab Grab Composite-I or E E

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• Sample locations: E - Effluent, I - Influent

• • Thedaily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/l.

• • • AcuteToxicity, (Pimephales) P/F at 90%; August, November, February, and May; See Part I, Section A, Paragraph 3.

The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample.

There shall be no discharge offloating solids or visible foam in other than trace amounts Test procedures shall produce minimum detection or lower reporting level ofthe approved procedure.

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A. (). EFFLUENT LIMITATIONSANDMONITORINGREQUIREMENTS WIMTER(November I - March 31)

Permit No. NC0039586 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 007 Energy &Environmental Center WWTP. Such discharges shall be limited and monitored by the permittee as specified below:

Flow BOD, 5 day, 20'C Total Suspended Residue NH3as N Fecal Coliform (geometric mean)

Total Residual Chlorine Temperature Total Nitrogen (NO2+ NO3+ TKN)

Total Phosphorus Dissolved Oxygen" Acute Toxicity"'.02 MGD 30.0 mg/I 30.0 mg/I 8.0 mg/I 200.0/100 ml 45.0 mg/I 45.0 mg/I 400.0 /100 ml 28.0 Irg/I Weekly Weekly Weekly Weekly Weekly 2/Week Weekly Quarterly Quarterly Weekly Quarterly Iree Instantaneous Grab Grab Grab Grab Grab Grab Grab Grab Grab Composite lorE E

E E

E E

E E

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• Sample locations: E - Effluent, I Influent

• • The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/l.

• • • Acute toxicity, (Pimephales) P/F at 90%; August, November, February, and May; See Part I, Section A, Paragraph 3.

The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample.

There shall be no discharge offloating solids or visible foam in other than trace amounts.

Test procedures shall produce minimum detection or lower reporting level ofthe approved procedure.

Part I Permit No. NC0039586 SE TI NB: SCHEDULE F

MPLIANCE The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the followingschedule:

Permittee'shall comply with Final Effluent Limitations by the effective date of the permit unless specified below.

Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency.

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Permit No. NC0039586 PART II STORMWATER MONITORING, CONTROLS, AND LIMITATIONSFOR PERMITTED DISCHARGES E

I A'INALLIMITATIN AND NTR F RST RMWATERDI HAR E 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 industrial activity.

Such discharges shall be controlled, limited and monitored as specified below.

tormwater Polluti n P eventio la The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan.

This Plan shall be considered public information and shall include, at a minimum, the followingitems:

a.

Site Plan. The site plan shall provide a description of the physical facilityand the potential pollutant sources which may be expected to contribute to contamination of regulated stormwater discharges.

The site plan shall contain the following:

(1)

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 water(s) to which the stormwater outfall(s) discharges, or ifthe discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude ofthe point(s) ofdischarge.

(2)

A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices.

(3)

A site map drawn to scale with the distance legend indicating location ofindustrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas),

drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge.

(4)

A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts.

(5)

Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges.

The certification statement will be signed in accordance with the requirements found in Part III,Standard Conditions, Section B.11.

Stormwater Management Plan. The stormwater management plan shall contain a narrative description ofthe materials management practices employed which control or minimize the 18

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~.'art II Permit No. NC0039586 exposure of significant materials to stormwater, including structural and nonstructural measures.

The stormwatet management plan, at a minimum, shall incorporate the following:

(2)

A study addressing 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 stormwater.

Wherever practicable the permittee shall cover all storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater.

In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoffaway from areas ofpotential contamination.

A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff. Ifthe secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism]

and any stormwater that accumulates in.the containment area shall be at a minimum visually observed for color, foam, and visible sheens, prior to release of the accumulated stormwater.

Accumulated stormwater shall be released if found to be uncontaminated.

Records documenting the individual making the observation, the description of the accumulated stormwater and the date apd time of tl. release shall be kept for a period offive years.

(3)

A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary.

The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities ofpollutants to stormwater discharges and data collected through monitoring of stormwater discharges.

(4)

Inspection schedules of stormwater conveyances and controls and measures to be taken to limitor prevent erosion associated with the stormwater systems.

Spill Prevention and Response Plan.

The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility.Facility personnel (or team) responsible for implementing the plan shall be identified in the plan. A responsible person shall be on-site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facilityoperations.

d.

Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed.

The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems.

Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program.

Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified in the Plan.

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Permit No. NC0039586 g

Responsible Party.

The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided.

Plan Ammendment.

The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters.

The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis.

The Director may notify the permittee when the Plan 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 Plan to meet minimum requirements.

The permittee shall provide certification in writing (in accordance with Part III,Standard Conditions, Section B.11) to the Director that the changes have been made.

Facility Inspections.

Inspections of the facilityand all stormwater systems shall occur at a minimum on a semiannual

schedule, once in the fall (September-November) and once during the spring (April-June).

The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems.

Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan.

Visual'onitoring as required in II.A.3.(a) shall be performed in addition to facility inspections.

Implementation.

Implementation ofthe plan shall include documentation ofall monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log ofthe sampling data and ofactivities 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 years and made available to the Director or his authorized representative immediately upon request.

2.

Minimum Monit rin and Re ortin R

uirements Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing by the Director of the Division ofEnvironmental Management.

If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status.

Ifit is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls.

Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry weather flow shall be performed at all stormwater discharge outfall locations. Allvisual monitoring shall be documented and records maintained with the Stormwater Pollution Prevention Plan.

The initial visual monitoring event shall be performed simultaneously with the first analytical monitoring event and documentation of only this initial visual monitoring event shall be submitted along with the required analytical monitoring submittal.

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~.'art II Permit No. NC0039586 C.

If the stormwater runoff is controlled by a detention pond, the following sampling requirements shall apply:

(1)

Ifthe detention pond detains the runoff generated by one inch of rainfall for 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, visual observations for color, foam, outfall staining, visible sheens, and dry weather flow are required, but analytical sampling shall not be required.

(2)

Ifthe detention pond discharges only in response to a storm event exceeding a 25-year, 24-hour storm (See Part II, Standard Conditions, Section A), the pond shall be considered a non-discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards.

d.

Samples analyzed in accordance with the terms ofthis permit shall be submitted on forms provided by the Director no later than January 31 for the previous year in which sampling was required to be performed.

e.

Analytical results from sampling during the final year of the permit term shall be submitted with the permit renewal application.

This permit regulates stormwater discharges associated with industrial activity. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are:

(1)

Allother discharges that are authorized by an NPDES permit.

(2)

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.

(3)

Discharges resulting from fire-fighting and uncontaminated discharges resulting from fire-fighting training and associated fire system testing.

Ifthe storm event monitored and reported in accordance with this permit coincides with an non-stormwater discharge, the permittee shall separately monitor and report all parameters as required under the non-stormwater portion of this permit and provide this information with the stormwater discharge monitoring report.

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tt Permit No. NC 586 3.

STORMWATER MONITORINGREQUIREMENTS r

(a)

Visual Monitoring Visual monitoring requires a qualitative visual inspection of ~h stormwater outfall for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required.

Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event.

Stormwater Discharge Color Odor Clarit Floatin Solids Sus ended Solids Foam Oil Sheen Other obvious indicators ofstormwater ollution Pre uenc I Semi-Annual Semi-Annual Semi-Annual Semi-Annual Semi-Annual Semi-Annual Semi-Annual Semi-Annual Monitoring T

e2 Visual Visual Visual Visual Visual Visual Visual Visual Monitoring Locate on3 SDO

/@gent g i Frequency:

Visual monitoring will be performed twice per year, once in the spring (April - June) and once in the fall ~

(September - November).

2 Monitoring Type: Visual monitoring requires a qualitative visual observation ofeach stormwater outfall. No analytical testing or sampling is required.

3 Sample Location: Stormwater Discharge Outfall (SDO)

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Part II Permit No. NC0039586 ECTI N B: SCHEDULE F

MPLIANCE 1.

The permittee shall comply with stormwater monitoring requirements and controls specified for stormwater discharges in accordance with the followingschedule:

The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of this permit and updated thereafter on an annual basis.

Secondary containment, as specified in Part I, Section A, 1. b. 2. of this permit, shall be accomplished within 12 months ofthe effective date ofthis permit.

2.

The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater controls at optimum efficiency.

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Permit No. NC0039586 PART III STANDARDCONDITIONS FOR NPDES PERMITS

,E TI NA DEFI ITI NS ct or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq.

2.

Best Mana ement Practices BMPs

~ 3 Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States.

BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

Bulk t ra eofLi uid Products 4

Liquid raw materials (excluding water), manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than

'60 gallons or with multiple above ground storage containers having a total storage capacity ofgreater than 1,320 gallons.

alculation of Means a

Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number ofindividual values.

b.

Geometric Mean:

The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values.

The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values.

For purposes ofcalculating the geometric mean, values of zero (0) shall be considered to be one (1).

c.

Weighted by Flow Value:

Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows.

5.

d D

A calendar day is defined as the period from midnight of one day until midnight of the next day.

However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.

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Part III Permit No. NC0039586 oal Pile unof The rainfall runoff from or through any coal storage pile.

oncentration Measurement d.

The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values).

The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "MonthlyAverage" under "Other Limits" in Part I of the permit.

The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number ofdaily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values).

The daily concentration value is equal to the concentration of a composite sample. or in'the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that'calendar day.

The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit.

The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration ofpollutant calculated from it is the "Maximum Daily Concentration".

It is identified as "DailyMaximum" under "Other Limits" in Part I of the permit.

The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day.

The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected duririg a calendar year.

This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit.

The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. Ifonly one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I.

The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit.

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g. A calendar quarter is defined as, one of the followingdistinct periods: January through March, Aprilthrough June, July through September, and October through December.

DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources.

9.

~EM Used herein means the North Carolina Environmental Management Commission.

dd.

d~d*

d d.

A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.

11.

~Land fi1 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 facilityor a surface storage facility.

12.

Mass/Da Measurements a.

The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported.

The limitation is identified as "Monthly Average" in Part I of the permit.

b.

The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported.

This limitation is identified as "Weekly Average" in Part I of the permit.

c.

The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. Ifonly one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge."

This limitation is identified as "DailyMaximum," in Part I of the permit.

d.

The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported.

This limitation is defined as "Annual Average" in Part I of the permit.

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Part III Permit No. NC0039586

13. 'M a.

Flow, (MGD): The flow limitexpressed in this permit is the 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month.

b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge.

c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device.

14.

Permit Issuin Authori The Director of the Division ofEnvironmental Management.

15.

Point puree Di, char e Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling

~stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state.

16.

Re re entative to Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation.

For example, ifit rains for 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> without producing any collectable discharge, and then stops, a sample may be collected ifa rain producing a discharge begins again within the next 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br />.

17.

Runoff Coefficient The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that willappear at the conveyance as runoff.

l8.

~S a.

Composite Sample:

A composite sample shall consist of:

(1) a series of grab samples collected at equal time intervals over a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> period with the time intervals between samples determined by a preset number of gallons passing the sampling point.

Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval 27

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Part III Permit No. NC0039586 between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a'single, continuous sample collected over a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> period proportional to the rate of flow.

In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.

In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> sampling period.

b.

Grab Sample:

Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters.

For stormwater sampling, grab samples are individual samples collected instantaneously during the first 30 minutes ofdischarge from the storm event.

19.

ec ndar ontainment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event.

20.

Section 1

Water Priorit hemical A chemical or chemical category which:

a.

Is listed in 40 CFR 372.65 pursuant to Section 313 of Title IIIof 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 facilitysubject to SARA title III,Section 313 reporting requirements; and c.

That meet at least one of the followingcriteria:

(1)

Is listed in appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV(certain toxic pollutants and hazardous substances);

(2)

Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3)

Is a pollutant for which EPA has published acute or chronic water quality criteria.

21.

i nificant 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 ofTitle 28

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, Part III Permit No. NC0039586 IIIof SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges.

22.

Si nificant ills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4).

23.

S R

ff 24.

The flow of water which results from precipitation and which occurs immediately followingrainfall or as a result of snowmelt.

tormwater Associated wit Indu. trial Activit 25.

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.

Ten Year De i n tor 26.

The precipitation event of a duration which will produce the maximum peak rate of runofffor the watershed of interest resulting from a rainfall event of an intensity expected to be equaled or exceeded, on the average, once in ten years.

Total Flow The flow corresponding to the time period over which the sample collection occurs.

The total flow calculated based on the size of the area draining to the outfall, the amount of the built-upon (impervious) surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period.

27.

Toxic Pollutan A toxic pollutant is any pollutant listed as toxic under Section 307(a)(l) of the Clean Water Act.

28.

Vehicle Maintenance Activit 29.

Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations.

Visible edimentation 30.

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.

Waste Pile 29

Part III Permit No. NC0039586 Any non-containerized accumulation of solid, non-flowing waste that is used for treatment or storage.

E TI NB ENERALC NDITI N The permittee must comply with all conditions of this permit.

Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application.

a.

The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even ifthe permit has not yet been modified to incorporate the requirement.

b.

The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed

$25,000 per day for each violation. Any person who negligently violates any permit condition is. subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both.

Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed

$ 10,000 per violation with the maximum amount not to exceed $ 125,000.

[Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a))

c.

Under state law, a civilpenalty of not more than ten thousand dollars ($ 10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit.

[Ref:

North Carolina General Statutes g 143-215.6A]

d.

Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $ 10,000 per violation, with the m'aximum amount of any Class I penalty assessed not to exceed $25,000.

Penalties for Class II violations are not to exceed

$ 10,000 per day for each day during which the violation continues, with the maximum amount ofany Class IIpenalty not to exceed $ 125,000.

Du to Miti ate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.

30

Part III Permit No. NC0039586 iviland riminal Liabilit Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319.

Furthermore, the permittee is responsible for consequential

damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended.

il and Ha ardous ubstance Liabilit 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.

Pr ert Ri hts 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.

n h re or ffshore onstruction 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.

evera ilit The provisions of this permit are severable, and ifany 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.

Du to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit.

The permittee shall also furnish to the Permit Issuing Authority upon request, copies ofrecords required to be kept by this permit.

D~R 10.

Ifthe permittee wishes to continue an activity regulated by this permit after the expiration date ofthis permit, the permittee must apply for and obtain a new permit.

x iration 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 31

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Part III Permit No. NC0039586 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. 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 procedu'res as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.

i nato Re uirements Allapplications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified.

a.

Allpermit applications shall be signed as follows:

(1) For a corporation:

by a responsible corporate officer. For the purpose of this

Section, a responsible corporate officer means:

(a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), ifauthority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2) For a partnership or sole proprietorship:

by. a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency:

by either a principal executive officer or ranking elected official.

b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative ofthat person. A person is a duly authorized representative only if:

(1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company.

(A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority.

c.

Certification.

Any person signing a document under paragraphs

a. or b. of this section shall make the followingcertification:

"Icertify, 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 32

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Part III Permit No. NC0039586 is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations."

12.

Per mit Actions This permit may be modified, revoked and reissued, or terminated for cause.

The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

13.

Permit Modificati n evocation and Reissuance or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al.

14.

Previou Permit All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit.

[The exclusive authority to operate this facility arises under this permit.

The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility.

SE TI NC.

PERATI N ANDMAINTEN N E FP LL I N NTR L Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission.

The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions ofTitle 15A, Chapter 8A.0202.

The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A.0202.

Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete.

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Part III Permit No. NC0039586 r

er eration and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures.

This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit.

3.

Need to Halt or Reduce not a Defen. e 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.

B assin of Treatment Facilities a.

Definitions (I) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility.

, (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass.

Severe property damage does not mean economic loss caused by delays in production.

b.

Bypass not exceeding limitations.

The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only ifit also is for essential maintenance to assure efficient operation.

These bypasses are not subject to the provisions of Paragraphs c.

and d. of this section.

c.

Notice (I) Anticipated bypass. Ifthepermitteeknows inadvance of theneed fora bypass, it shall submit prior notice, ifpossible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass.

(2) Unanticipated bypass.

The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> notice).

d.

Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless:

(i) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; 34

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Part III Permit No. NC0039586 (ii) 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 (iii) The permittee submitted notices as required under Paragraph

c. of this section.

(2) The Permit Issuing Authority may approve an anticipated

bypass, after considering its adverse affects, ifthe Permit Issuing Authority determines that it willmeet the three conditions listed above in Paragraph d. (1) of this section.

upsets a.

Definition.

"Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee.

An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack ofpreventive maintenance, or careless or improper operation.

b.

Effect of an upset.

An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review.

c.

Conditions necessary for a demonstration of upset.

A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

(1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facilitywas at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part III,E. 6. (b) of this permit.

(4) The permittee complied with any remedial measures required under Part III,B.

2. of this permit.

d.

Burden ofproof.

In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden ofproof.

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Permit No. NC0039586 Rem ved u stance Solids, sludges, filterbackwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States.

The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal ofsludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even ifthe permit is not modified to incorporate the requirement.

The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices.

Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H,.0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent.

SE TI ND M NIT RIN ANDRE RD Re resentative am lin Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge.

Samples collected at a frequency less than daily shall be taken on a day,and time that is characteristic of the discharge over the entire period which the sample represents.

Allsamples shall be taken at the monitorin~~

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.

~Re )~~i Wastewater monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period.

The first wastewater 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.

Stormwater monitoring results shall be submitted as specified in Part II, Section A, Paragraph 2, Subparagraphs d and e.

Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address:

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'I Part III Permit No. NC0039586 3.

Flow Measurements Division ofEnvironmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges.

The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device.

Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes.

Once-through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement.

Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting

.Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit.

To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Ifno approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used.

Penalties for Tam erin The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. Ifa 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.

Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR,503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies 37

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Part III Permit No. NC0039586 of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application.

This period may be extended by request of the Director at any time.

7.

Recordin Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the followinginformation:

a.

The date, exact place, and time ofsampling 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 ofsuch analyses.

Ins ection and Ent The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a.

Enter upon the permittee's premises where a regulated facilityor activity is located or conducted, or where records must be kept under the conditions of this permit; b.

Have access to'nd copy, at reasonable times, any records that must be kept under the conditions of this permit; c.

Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d.

Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.

E TI N E

TIN E

IREME han ein Di.char e Alldischarges 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 ofthat authorized shall constitute a violation of the permit.

Planned han es The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:

a.

The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facilityis a new source in 40 CFR Part 122.29 (b); or 38

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Part III Permit No. NC0039586 b.

The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged.

This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1).

c.

The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notificatio of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan.

3.

Antici ated oncom liance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.

4.

Transfers 5.

This permit is not transferable to any person except after notice to the Director.

The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act.

Monitorin Re orts Monitoring results shall be reported at the intervals specified elsewhere in this permit.

a.

Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part III.D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices.

b. Ifthe permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR.

c.

Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit.

Twent - our Hour Re ortin a.

The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment.

Any information shall be provided orally within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> 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 ifthe 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.

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Part III Permit No. NC0039586 b.

The following shall be included as information which must be reported within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> under this paragraph:

(1) Any unanticipated bypass which exceeds any effluent limitation in the permit.

(2) Any upset which exceeds any effluent limitation in the permit.

(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.

c.

The Director may waive the written report on a case-by-case basis for reports under paragraph

b. above of this condition ifthe oral report has been received within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.

ther Noncom liance The permittee shall report all instances of noncompliance not reported under Part III.E. 5 and 6. of this permit at the time monitoring reports are submitted.

The reports shall contain the information listed in Part III.E. 6. of this permit.

ther Informati 9.

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.

oncom liance t'ati 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 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> or on the next working day following the occurrence or first knowledge of the occurrence of any of the following:

a.

Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility;or any other unusual circumstances.

b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures ofpumps, aerators, compressors, etc.

c.

Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment ofall or any portion of the influent to such station or facility.

Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days followingfirst knowledge of the occurrence.

10.

Availabilit of Re orts Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental 40

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Part III Permit No. NC0039586 Management.

As required by the Act, effluent data shall not be considered confidential.

Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.

11.

Penalties for Falsification of Re orts The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both.

SE TI N F.

THER RE IRE NTS A.

C No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued.

B.

roundwater Monitorin C.

The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facilitywith the current groundwater standards.

han e

in Dischar esof To ic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe:

a.

That any activity has occurred or willoccur 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 willexceed the highest ofthe following "notification levels";

(1) One hundred micrograms per liter (100 ug/1);

(2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application.

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Part III Permit No. NC0039586 b.

That any activity has occurred or willoccur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, ifthat discharge willexceed the highest of the following "notification levels";

(1) Five hundred micrograms per liter (500 ug/1);

(2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application.

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Permit No. NC0039586 PART IV ANNUALADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105(b)(4) may cause this Division to initiate action to revoke the permit.

PART V LIMITATIONSREOPENER This permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approve'd under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, ifthe effluent guideline or water quality standard so issued or approved:

a.

contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or b.

controls any pollutant not limited in the permit.

The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable.

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