ML20035C718

NPDES Noncompliance Notifications for 1992 as Made to Nc Div of Environ Mgt

ML20035C718
Person / Time
Site:	Brunswick
Issue date:	04/01/1993
From:	Mccarthy D CAROLINA POWER & LIGHT CO.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
NLS-93-060, NLS-93-60, NUDOCS 9304090029
Download: ML20035C718 (37)

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CPAL Carolina Power & Light Company i

APR 011993 SERIAL:

NLS-93-060 United States Nuclear Regulatory Commission ATTENTION: Document Control Desk washington, DC 20555 BRUNSWICK STEAM ELECTRIC PLANT, UNIT NOS. 1 AND 2

+

DOCKET NOS. 50-325 AND 50-324/ LICENSE NOS. DPR-71 AND DPR-62 j

NPDES PERMIT NONCOMPLIANCE Gentlemen:

By letter dated April 26, 1983, Carolina Power & Light Company (CP&L) agreed to keep the NRC informed of changes and/or violations to the Brunswick Steam i

Electric Plant's (BSEP) National Pollutant Discharge Elimination System (NPDES) permit requiring notification to the permit agency.

Enclosed are copies of reports made to the North Carolina Division of Environmental Management during 1992 concerning noncompliances with NPDES Permit No. NC0007064 of the BSEP, Units 1 and 2.

Also enclosed is NPDES Permit No. NC0007064, issued by the State of North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management on February 15, 1993.

This permit authorizes CP&L to continue to discharge wastewater at the BSEP facility in accordance with effluent limitations, monitoring requirements, and other conditions set forth in the permit.

Permit No. NC0007064 became effective March 1,.1993 and shall expire at midnight on June 30, 1996.

The intent of the new permit is the same as the previous permit; that is, protect the water quality that passes through the BSEP.

There were no major changes in the scope of the permit; however, the following changes to the permit are noted:

1) annual priority pollutant analysis sample added to the low-volume waste sources, 2) certified operator requirements under section C were expanded, 3) flow measurements under Section D now include calibration and deviation limitations, and 4) other minor changes.

I Please refer any questions concerning this submittal to Mr. D.

B. Waters at (919) 546-3678.

Yours very truly, Y'Es N hcAtbQ David C. McCarthy Manager Nuclear Licensing Section DJK/jbw Enclosures cc:

Mr.

S.

D.

Ebneter Mr.

P. D. Milano Mr.

R. L.

Prevatte 9304090029 930401

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411 Fayettevine Street

• P O Box 1551

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SUMMARY

OF NPDES NONCOMPLIANCES FEBRUARY 1992 BRUNSWICK STEAM ELECTRIC PLANT Fine Mesh Screen Noncomoliance The Brunswick Steam Electric Plant NPDES Permit (NC 0007064) requires the operation of three fine mesh screened circulating water intake pumps (CWIPs) when three or more CWIPs are in service on a generating unit. On February 6,1992, the Unit 2 circulating water system was operated with two fine mesh and one coarse mesh screened CWIPs in service for 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> and 20 minutes.

At 0820, February 6,1992, Unit 2 was in startup with the 2A and 2C CWIPs in senice.

The 2C CWIP, with coarse mesh screen was placed in service at that time. At 0940, the operator realized that he had started a CWIP with a coarse mesh screen and shut down the 2C pump.

The IB pump was placed in service at that time.

r (91-51.SDS)

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FILE NO.:

541-14 ATTACHMENT TO BRUNSWICK STEAM ELECTRIC PLANT NPDES REPORT FOR MARCH 1992 Fine Mesh Screen Noncomoliance on March 9 and 10, 1992, the Brunswick Steam Electric Plant operated with two fine mesh and one coarse mesh screened circulating water intake pumps (CWIPs) in service. NPDES permit number NC0007064 requires the operation of three fine mesh screened CWIPs when three or more CWIPs are in service.

At 1400, March 9,1992, the 1B CWIP with fine mesh screen was shut down due to thermal trips of the lube oil pump and lube oil cooler f an.

The IC CWIP with coarse mesh screen was started at this time. The 1B was returned to service at 0212, March 10, 1992, after maintenance work and testing was completed.

The ICCWIP was then taken out of service.

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SUMMARY

OF NPDES NONCOMPLIANCES JULY 1992 BRUNSWICK STEAM ELECTRIC PLANT Circulatine Water Intake Pumo Failure The Brunswick Steam Electric Plant NPDES permit (NC0007064) requires the operation of three fine mesh screened circulating water intake pumps (CWIPs) when three or more CWIPs are in service per unit. At the end of June 1992 the Brunswick Plant experienced an electrical malfunction of the 2D pump, equipped with a fine meshed screen. As a result, when a third pump was needed, it was necessary to operate the 2C CWIP with coarse meshed screen occasionally during the month of July 1992, while repairs were underway on the third fine mesh screened pump (2D). Increased clogging of the debris filters required the third pump to be operated in order to obtain the required flow.

Mr. Jim Bushardt of the NC-DEM Wilmington Regional Office provided verbal approval to operate the Unit 2 coarse mesh screened pump in order to properly balance flows for application of the ClamTrol biocide, per telephone conversation with Mr. Cam Wheeler of CP&L on July 22,1992.

Every effort was made to minimize the use of the coarse mesh screened pump while the 2D pump was out of service. A vender maintenance crew was called in for repairs to promptly return the 2D pump to operation and discontinue the use of the 2C pump. The 2C pump was operated for a total of 90 hours0.00104 days <br />0.025 hours <br />1.488095e-4 weeks <br />3.4245e-5 months <br /> and 44 minutes during July. This period is less than the 7 days per 3 month period referenced in the permit for preventative maintenance.

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SUMMARY

OF NPDES NONCOMPLIANCES AUGUST 1992 BRUNSWICK STEAM ELECTRIC PLANT Circulatine Water Intake Pumo Failure At the end of June 1992 f.te Brunswick Plant experienced an electrical malfunction of the 2D circulating water intake pump, equipped with a fine meshed screen. As a result, when a third pump was needed, it was necessary to operate the 2C pump, with coarse meshed screen, occasionally while repairs were underway on the third fine mesh screened pump (2D).

A vender maintenance crew was called in for repairs to return the 2D pump to operation and discontinue the use of the 2C pump. The 2D pump was repaired on August 10. The 2A pump was out of service on August 24 to repair a broken sprocket. It was necessary to operate the 2C pump on August 4. 25, and 26.

Surce Tank Overflow On August 20, 1992, approximately 50 gallona of rain water and some sewage was observed around the surge tank. It was determined that the cause of the overflow was a tripped surge tank pump, which could have been caused by heavy rains that had occurred in the area.

The lift station that was floodmg the surge tank was immediately secured and the use of the restroom facilities were terminated. The pump was returned to service r.nd the rain water and sewage overflow was placed back into the surge tank. The area was disinfected as a precaution.

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SUMMARY

OF NPDES NONCOMPLIANCES SEP'IBIBER 1992 l

BRUNSWICK STEAM ELECTRIC PLANT Circulatine Water Intake Pumo F-ilures The ID circulating water intake pump (CWIP) eqJpped with coarse mesh screen was operated for 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> and 30 minutes on September 30,1992, to support operational activities while two of the fine mesh screened pumps on unit I were down for repairs. The 1C.CWIP experienced a ground fault problem which caused the pump to fail when rain caused it to ground out. The IB CWIP was out of service to repair a broken linkage of the rotating screen chain.

The 2C coarse mesh screened pump on unit 2 was operated for 25 hours2.893519e-4 days <br />0.00694 hours <br />4.133598e-5 weeks <br />9.5125e-6 months <br /> and 24 minutes during the period of September 21 - 23,1992, to support operational activities while two of the fine mesh screened pumps were being repaired. The 2D CWIP was out of service because of cooler fan problems. The 2A CWIP required a trash rack repair.

These repairs were completed and the coarse mesh screened pumps were taken out of service.

Extended Ooeration of Coarse Mesh Screened CWIP On September 9,1992, at 0835 hours0.00966 days <br />0.232 hours <br />0.00138 weeks <br />3.177175e-4 months <br />, an operator turned on the 2C CWIP (equipped with coarse mesh screen) for backwashing purposes and left the pump in operation for a total of 69 hours7.986111e-4 days <br />0.0192 hours <br />1.140873e-4 weeks <br />2.62545e-5 months <br /> and 15 minutes, untilit was discovered and turned off at 0550 hours0.00637 days <br />0.153 hours <br />9.093915e-4 weeks <br />2.09275e-4 months <br /> on September 12, 1992.

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SUMMARY

OF NPDES NONCOMPLIANCES OCTOBER 1992 l

BRUNSWICK STEAM ELECTRIC PLANT Circulating Water Intake Pumo Renairs The ID circulating water intake pump (CWIP) equipped with coarse mesh screen was operated for 108 hours0.00125 days <br />0.03 hours <br />1.785714e-4 weeks <br />4.1094e-5 months <br /> on October 1 - 5,1992, to support operational activities while two of the fine mesh screened pumps on Unit 1 were down for repairs. The 1C CWIP was out of service to repair a ground fault problem. The IB CWIP was out of service for repairs to its traveling screen.

Sewane Treatment Plant Effluent Exceedance As reported to Jim Bushart of the Wilmington Regional Office on October 14,1992, the total suspended solids on the sewage treatment plant effluent exceeded the weekly maximum limit of 45 mg/l on three consecutive days; however, the monthly average for the plant was well below the monthly average limit of 30 mg/1. Hydraulic overloading of the plant is believed to have caused the upset.

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CAROLINA POWER & LIGHT COMPANY NUCLEAR NPDES EFFLUENT SUhmiARY NOVEMBER 1992 BRUNSWICK STEAM ELECTRIC PLANT Fine Mesh Screen Ooeration (Noncompliance Occurrence)

The ID circulating water intake pump (CWIP) equipped with coarse mesh screen operated for 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> and 45 minutes on November 25,1992, while divers cleaned its screen.

4 Sewace Treatment Plant Effluent Exceedance (Noncompliance Occurrence)

As reported to Mr. Ed Beck of the Wilmington Regional Office on November 4,1992, the biological oxygen demand on the sewage treatment plant effluent exceeded the weekly maximum limit of 45 mg/1; however, the monthly average for the plant was well below the monthly average limit of 30 mg/1. Hydraulic overloading of the plant is believed to have caused the upset.

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r CAROLINA POWER & LIGHT COMPANY NUCLEAR NPDES EFFLUENT

SUMMARY

DECEMBER 1992 BRUNSWICK STEAM ELECTRIC PLANT Coarse Mesh Screen Ooeration (Noncompliance occurrence)

The 2C circulating water intake pump (CWIP) equipped with coarse mesh screen operated for 9 hours1.041667e-4 days <br />0.0025 hours <br />1.488095e-5 weeks <br />3.4245e-6 months <br /> and 33 minutes on December 31,1992. The 2A CWIP was down for preventative maintenance work, while the 2D CWIP was down for repairs to its traveling screen and motor.

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RB 171993 MTAL State of North Carolina Department of Environment, Health and Natural Resources Division of Environtnental Management 512 North Salisbury Street. Raleigh, North Carolina 27604 James B. Hunt, Jr., Govemor Jonathan D. Howes, Secretary February 15,1993 George J. Oliver.

P O Box 1551 Raleigh,NC 27602

Subject:

Permit No. NC0007064 Carolina Power & Light Co.

Brunswick Steam Electric Plant Brunswick County

Dear Mr. Oliver :

In accordance with your application for discharge permit received on September 25, 1991, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6,1983.

If any parts, measurement frequencies or sampling requin:ments contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be fm' al and binding.

Please take notice this permit is not transferable. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge.

This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required.

If you have any questions concerning this permit, please contact Mr. Randy Kepler at telephone number 919933-5083.

i G ly,

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Acting Director cc: Mr. Jim Patrick, EPA Wilmington Regional Office Pollution Preventwa Piys P.O. Bax 29535. Raleigh, North Carolina 276264535 Telephone 919 733-7015 An Equc.! Opportunity Afemative Action Employer 1

Permit No. NC0007064 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGEWASTEWATER UNDERTHE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standanis and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Carolina Power and Light Company is hereby authorized to discharge wastewater from a facility located at Brunswick Steam Electric Plant on NCSR 133 2.5 miles north of Southport Brunswick County to receiving waters designated as the Atlantic Ocean in the Cape Fear River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof.

This permit shall become effective March 1,1993 This permit and the authorization to discharge shall expim at midnight on June 30,1996 Signed this day February 15,1993 0

Y-reston Howdd$Jr., Acting Director Division of Environmental Management By Authority of the Environmental Management Commission

Permit No. NC0007064 SUPPLEMENTTO PERMIT COVER SHEET Carolina Power and Light Company is hemby authodzed to:

1. Continue operation of a 1.9 billion gallon per day cooling water system consisting of intake stmeture,9.6 miles of canal, circulation pumps, siphons under the intercoastal waterway, discharge pump stadon of Oak Island, and discharge conduits termination 2,000 feet off shom with all necessary appurtenances for withdrawal of cooling water from the Cape Fear River near Snows Man:h and the discharge of cooling water into the Atlantic Ocean, and

2. Continue operation of a 0.055 MGD wastewater tmatment facility consisting ofinfluent pumps, bar screen, flow measuring device, aeration tank, secondary clarifier, and chlorination chamber, and

3. Continue the discharge oflow volume waste sources into the intake canal, and

4. Continue operation of a diversion fence located at the mouth of the intake canal, and

5. Continue to operate Fme Mesh Screens at intake pump bays, and

6. Continue to operate intake pump system to minimize intake flow rate all located at Brunswick Steam Electric Plant, on NCSR 133,2.5 miles north of Southport, Brunswick County (See Part III of this Permit, and

7. Discharge fmm said tmatment works into the Atlantic Ocean which is classified Clas., "SB" waters.

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i PARTI Section B.

Schedule of Comoliance

1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule:

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

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

3. No later than 14 calendar days following a date identified in the above schedcle of compliance, the pennittee shall submit either a report of progress or, in the case of specific actions being i

required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements.

Permit No. NC0007064 A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL 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 - Metal Cleaning Wastes. Such discharges shall be limited and monitored by the permittee as specified below:

Effluent Characteristics Discharae Limitations Monitorino Reaulrements Units (Scecifv)

Measurement Samole

• Sa m ole Dally Ava.

Dally Max.

Freauenev Type Location Total Suspended Solids 30.0 mgli 100.0 mg/1 Oil ard Grease 15.0 mgIl 20.0 mgII Total Copper 1.0 mg/l 1.0 mg/l Total tron 1.0 mg/l 1.0 mg/l The quantity of pollutants discharged in metal cleaning wastes shall not exceed the quantity determined by multiplying the flow of metal cleaning wastes times the above concentrations.

• Samples taken in compliance with monitoring requirements listed above shall be taken prior to mixing with other sources of water.

" Monitoring for metal cleaning wastes shall be approved by the Division of Environmental Management prior to discharging.

A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0007064 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 - Low Volume Waste Sources. Such discharges shall be limited and monitomd by the permittee as specified below:

Effluent Characteristics Discharae Limitations Monitorina Reautrements Units (Snecifv)

Measurement Samole

• Sa m nie Dally Ava.

Dally Max.

Freauenev Type Location Flow Weekly instantaneous E

Total Suspended Solids 30.0 mg/l 100.0 mg/l Weekly Grab E

Oil and Grease 15.0 mgIl 20.0 mg/l Weekly Grab E

Priority Pollutant Analysis" Annually E

• Samples taken in compliance with the monitoring requirements listed above shall be taken prior to mixing with other sources of wastewater.

• • See Part 111. condition E.

There shall be no discharge of polychlorinated biphenyl compounds such as those commonly used for transformer fluid.

The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/ month at the effluent by grab sample.

There shall be no discharge of floating solids or visible foam in other that trace amounts at the ocean outfall.

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A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0007064 During the period beginning on the effective date of the pennit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 004 - Sewage Treatment Plant Discharge. Such discharges shall be limited and monitored by the permittee as spec below:

Ef fluent Characteristic Discharae Limitations Monitorina Reaulrements Mt:asurement Samole

• Samole Monthly Avg Weekly Ava.

Daily Max Epauency Tvoo Location Flow 0.055 MCO Weekly instantaneous E

BOD, 5 day, 20 C 30.0 mg/l 45.0 mg/l 2/ Month Grab E

Total Suspended Residue 30.0 mg/l 45.0 mgIl 2/ Month Grab E

NH3 as N Monthly Composite E

Temperature Weekly Grab E

Tota! Nitrogen (NO2+NO3+TKN)

Quarterly Composite E

Total Phosphorus Quarterly Composite E

• Samples taken in compliance with the monitoring requirements specified above shall be taken at the sewage treatment plant dischage p mixing with any other waste stream.

The pII shall not be less than 6.0 standani units nor greater than 9.0 standard units and shall be monitored 2/ month at the effluent by gra sample.

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

A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0007064 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 - Radwaste treatment. Such discharges shall be limited and monitored by the permittee as specified below:

Effluent Characteristics Discharce Limitations Monitorina Reautrements Units (Soecifv)

Measurement Samole

• S a m ole Daily Ava.

Daily Max.

Frecuency Type Location Flow Annually instantaneous E

Total Suspended Solids 30.0 mg/t 100.0 mg/l Annually Composite E

Oil and Grease 15.0 mg/l 20.0 mg/t Annually Grab E

• Samples taken in compliance with the monitoring requirements listed above shall be taken at the radwaste treatment plant discharge prior to mixing with other sources of wastewater.

There shall be no discharge of floating solids or visible foam in other that trace amounts at the ocean outfall.

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A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0(X)7064 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 and 002 - once through cooling and non-contact service water. Such discharges shall be limited and monitored by the permittee as specified below:

Effluent Characteristics Discharae Limitations Monitorina Reauirements Lbs/dav Units fSoecifv)

M ea s u re m ent Sample fin *Sa m ple Mon.

Ava. Daily Max.

Mon.

Avg.

Daily Max.

Frecuency Tvoe Location Flow Continueus Recording Cooling Water Flow (cubic ft/s)/ unit Continuous Pump Logs December - March 922 j

April - November 1105

• During the months of July, August and September, one unit only may increase its flow to 1230 cis.

At times when the system demand is within 200 MW cf availabio system reserves flow limitations can be suspended upon notice to the Regional Supervisor.

Notice should include anticipated flow rates and estimate of duration of flow rates in excess of those otherwise allowed.

Excursions up to eight hours per week are allowed to c!ean debris from filters and up to three hours per week are allowed for testing of backup pumps and related equipment.

1/ Unless otherwise specified, samples taken in compliance with the monitoring requirements listed above shall be taken at an outlet corresponding to an individual unit prior to mixing with other waste streams except that intake temperature shall be monitored at the plant intake.

- During periods of refueling and other outages at zero reactor power, unit flows shall be the m nimum required for the safe, efficient operation and maintenance of the plant systems.

FINE MESH SCREENS - Three (3) fine mesh screens shall be maintained on the plant intake structure such that intake cooling water flowing into three (3) pump bays per generating unit will continuously pass through the fine mesh screens. Should use of at least three (3) fine mesh screened pumped bays be impossible due to screen failure or other malfunction, written notice shall be provided stating cause of malfunction, duration and corrective action taken by the plant. For testing purposes, pumps may be operated when not in compliance with fine mesh screen requirements. Preventative maintenance of the fine mesh screens is allowed during periods when the generating unit is operating, if such work is accomplished in the time between one hour after sunrise and one hour before sunset.

Preventative maintenance as required at other times is allowed; however the total time during which the screens are out of service for such maintenance shall be reported monthly. Total maintenance outages of fine mesh screens in excess of 7 days per unit, per 3 month period snalt be reported in writing.

DIVERSION FENCE - A diversion fence located at the mouth of the intake canal shall be continuousfy operated and maintained in such a manner as to minimize impingement.

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l Part II Page 1 of 14 PARTII STANDARD CONDITIONS FOR NPDES PERMITS SECTION A.

DEFINITIONS 1.

Permit Issuine Authority The Dimctor of the Division of Environmental Management.

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

3.EMC Used hemin means the North Carolina Environmental Management Commission.

4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended,33 USC 1251, et. seq.

5. Mass / Day Measurements

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

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 Amage"

' in Part I of the pennit.

c. The " maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the " maximum daily discharge." This limitation is identified as " Daily Maximum," in Part I of the permit.

d. The " average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefom, 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.

Part II Page 2 of 14

6. Concentrntion Measurement

a. The " average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as " Monthly Average" under "Other Limits" in Part I of the permit.

b. The " average weekly concentration," other than for fecal coliform bacteria,is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday / Saturday) on which daily discharges are sampled and measured divided by the number cf daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The avenge weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as " Weekly Average" under "Other Limits" in Part I of the permit.

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

" Daily Maximum" under "Other Limits" in Part I of the permit.

d. The " average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as " Annual Average" under "Other Limits" in Part I of the permit.

e. The " daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a talendar 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.

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

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

Pm H Page 3 of 14

7. Other Measurements

a. Flow, (MGD): The flow limit expressed 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 thmughout 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 activines on the flow device.

8. Tvoes of Samples

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 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 equalin 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.

9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values,

b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1).

Part II Page 4 of 14 Weighted,by Flow Value: Weighted by flow value means the summation of each c.

concentranon umes its respective flow divided by the summation of the respective flows.

10. Calendar Day A calendar day is defined as the period fmm 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 calencar day may be used for sampling.

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

12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.

SECTION B. GENERAL CONDITIONS 1.

Duty to Compiv The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application.

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

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 viciation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref:

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

c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or mquirements of a permit. [Ref: North Carolina General Statutes 6143 215.6A]

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

PartII Page 5 of 14 Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000.

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

3. Civil and CriminalI.iability 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 14 3-215.3, 14 3-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended.

4. Oil and Hmrdous Substance T inbility Nothing in this pennit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the pennittee is or may be subject to under NCGS 143-215.75 et seg, or Section 311 of the Federal Act,33 USG 1321.

Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended.

5. Pronerty Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to pnvate property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations.

6. Onshere or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertakmg of any work in any navigable waters.

7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.

8.

Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit.

Part II Page 6 of 14

9. Duty to Reanolv If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit.

10. Exoiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.

I1. Sicnatory Requin ments All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified.

a. All permit applications shall be signed as follows:

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

(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official.

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

(1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority.

l

Pan II Page 7 of 14

c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification:

"I cenify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, meluding the possibility of fines and imprisonment for knowing violations."

12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

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

14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govem discharges from this facility.

SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS

1. Certified Ooerator Pursuant to Chapter 90A-44 of North Carolina Geneml Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities.

Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission.

The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, 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 i

operation and maintenance of the facility and must comply with all other conditions of Title i

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 thiny days after the wastewater treatment facilities are 50% complete.

j l

Pan II Page 8 of 14

2. Pmoer Ooeration and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appunenances) which are installed or used by the permittee to 1

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 mstalled by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit.

3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the a

condition of this permit.

4. Bvoassine of Treatment Facilities

a. Definitions

0) " Bypass" means the known diversion of waste streams fron$ 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 propeny damage" means substantial physical damage to propeny, 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 propeny damage does not mean economic loss caused by delays in production.

b. Bypass not exceedmg limitations.

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

These bypasses are not subject to the provisions of Paragraphs c. and d. of this section.

c. Notice

0) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice,if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass.

i (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Pan 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

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

(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal 1

I Part II Page 9 of 14 periods of equipment downtime. This condition is not satisfied if adequate, backup equipment should have been installed in the exercise of reasonable engmeenng judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. of this section.

(2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section.

5. Upsets

a. Definition.

" Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable contml of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive mamtenance, or careless or improper operation.

b. Effect of an upset.

An upset constitutes an affirmative defense to an action br,ought for noncompliance with such technology based permit effluent limitations if the regturements of paragraph c. of this condition are met. No determination made during administrative review of claims that i

noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject tojudicial review.

c. Conditions necessary for a demonstration of upset.

A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through pmperly 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:

L (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit.

(4) The permittee complied with any remedial measures required under Pan II, B. 2. of this permit.

d. Burden of proof.

In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burtlen of proof.

6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized / disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal

Part II l

Page 10 of 14 regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any pennit issued by the Permit Issuing Authority for the utilization / disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Pan 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The pennittee shall notify the Pennit Issuing Authority of any significant change in its sludge use or disposal practices.

7. Power Failures s

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.

SECTION D. MONITORING AND RECORDS

1. Renresentative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent 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.

2. Rennrtine Monitoring results obtained during the previous month (s) shall be summarized for each month and reponed on a monthly Discharge Monitoring Repon (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 reponing period.

The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge.

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

Division of Environmental Management Water Quality Section A'ITENTION: Central Files Post Office Box 29535 Raleigh, Nonh Carolina 27626-0535

3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation ofless than + 10'7c from the true discharge rates throughout the range of expected 1

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Page 11 of 14 j

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

4. Test Procedmes Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 14 3-215.63 et. seg, 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. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reponing level) approved method must be used.

5. Penalties forTamnering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both.

6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Duector at any time.

7. Recordine Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information:

a. The date, exact place, and time of sampling or measurements;

b. The individual (s) who performed the sampling or measurements;

c. The date(s) analyses were performed;

d. The individual (s) who performed the analyses;

e. The analytical techniques or methods used; and

f. The results of such analyses.

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8. Insoection and Entry He 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; i

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

b. Have access to and copy, 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 operanons 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.

SECTION E. REPORTING REOUIREMENTS 1.

Chance in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a levelin excess of that authorized shall constitute a violation of the permit.

2. Planned Chances 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 pennitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or

b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1).

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

3. Anticinated Noncomoliance The permittee shall give advance notice to the Duector of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.

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Pan II Page 13 of 14

4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act.

5. Monitorinc Recons Monitoring results shall be reponed at the intervals specified elsewhere in this permit.

a. Monitoring results must be reponed on a Discharge Monitoring Repon (DMR) (See Pan H.

D. 2 of this permit) or fonns provided by the Director for reponing results of monitoring of sludge use or disposal practices.

b. If the permittee monitors any pollutant more frequently than required by the permit, using test pmcedures specified in Pan II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, er 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 lim %tions which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit.

6. Twenty-four Hour Reconing

a. The permittee shall repon 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 perminee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has no been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance,

b. The following shall be included as information which must be reponed 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 pennit.

(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the pennit to be reponed 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 repon on a case-by-case basis for repons under paragraph b. above of this condition if the oral repon has been received within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.

7. Other Noncompliance The permittee shall repon all instances of noncompliance not reponed under Part II. E. 5 and 6.

of this permit at the time monitoring repons are submitted. The repons shall contain the information listed in Pan II. E. 6. of this pennit.

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Pan II I

Page 14 of 14

8. OtherInformation Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a pennit application or in any repon to the -

Director, it shall promptly submit such facts or information.

9. Noncomnliance Notificatinn The permittee shall repon 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 bowledge 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 abnormalin quantity or chamcteristic, 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 I

incapable of adequate wastewater treatment such as mechanical or electrical failures of i

pumps, aerators, compressors, etc.

c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receivmg waters without treatment of all or any ponion of the influent to such station or facility.

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

10. Ayailability of Reports Except for data determined to t confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act,33 USC 1313, all repons prepared in accordance with the terms shall be available for public inspection a. die offices of the Division of Environmental Management. As i

required by the Act, effluent data shall not be considered confidential. Knowingly making any i

false statement on any such report may result in the imposition of criminal penalties as provided i

for in NCGS 143-215.l(b)(2) or in Section 309 of the Federal Act.

I1. Pensities for Falsification of Recons The Clean Water Act provides that any person who knowingly makes any false statement, representation, or cenification 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.

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PART III OTHER REQUIREMENTS I

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

B. Gro-ndwater Monitorine 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 facility with the cunent groundwater standards.

C. Chances in Discharces of Toxic 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 will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following " notification levels";

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

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

b. That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following " notification levels";

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

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

D. Reauirement to Continually Evaluate Alternatives to Wastewater Discharees The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the pennittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division.

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Part III Permit No. NC0007064 1

E. Pollutant Analysis Condition The permittee shall conduct a test for pollutants annually at the effluent from the treatment plant.

The discharge shall be evaluated as follows: 1) A pollutant analysis of the effluent must be completed annually using EPA approved methods for the following analytic fractions: (a) purgeables (i.e., volatile organic compounds); (b) acid extractables; (c) base / neutral extractables; (d) organochlorine pesticides and PCB's (e) herbicides; and (f) metals and other inorganics. The i

Annual Pollutant Analysis Monitoring (APAM) Requi2rment Reporting Form A and accompanying memo, to be provided to all discharges affected by this monitoring requirement, describes the i

sampling and analysis requirements and lists chemicals to be included in the pollutant analysis.

This monitoring requirement is to be referred to as the " Annual Pollutant Analysis Monitoring Requirement" (APAM).

(2) Other significant levels of organic chemicals must be identified and approximately quantified.

For the purpose ofimplementing this requirement, the largest 10 GC/MS peaks in the purgeable base / neutral extractable, and acid extractable fractions (or fewer than 10, if less than 10 unidentified peaks occur) for chemicals other than those specified on the APA Requirement Reporting Form A should be identined and approximately quantified as stated in the APAM Reporting Form A instructions. This part (item 2) of the APAM requirement is to be referred to as the "10 significant peaks rule").

F. Special Conditions

1. Submittal to the Department of Natural Resources and Community Development of an Erosion and Sedimentation Control Plan in accordance with Chapter 4 of Title 15 of the North Carolina Administrative Code is required prior to the beginning of significant land disturbing activities.

2. The Ccmpany shall continue a groundwater monitoring program acceptable to the Division to determine any adverse inpact on groundwater quality. The Company shall update their Groundwater Monitoring Program to adhere to the current version of 15 NCAC 2L.

3. The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water. The permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in 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 of Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream.

Concentrations of chromium, copper, or zinc added to biocides shall not exceed applicable water quality standards or action levels in the receiving stream, as determined by calculations from the biocide worksheet Form 101 with Supplemental Metals Analysis worksheet.

4. The discharge of intake screen wash water is permitted without limitations or monitoring requirements.

5. Copies of Environmental Monitoring Reports required by the Nuclear Regulatory Commission shall be forwarded to the Division of Environmental Management and the US Environmental i

Protection Agency.

6. The Company shall operate fine mesh screens on the plant's intake structure such that intake water flowing into three pumps bays of each unit's circulating water system will pass through continuously traveling fine mesh screens prior to pumpage. The permittee will maintain a sound maintenance program to avoid operational loss of fine mesh screens during pumpage.

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e PARTIV ANNUAL ADMINISTERING AND COhD'LIANCE MOhTTORING FEE REQUIREhEhTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105(b)(4) may cause this Division to initiate action to revoke the permit.

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