JB_CHS_NPDES_General_Permit_for_Utility_Water_Discharges.pdf

Table of Contents

PART I. Definitions

PART II. Permit Coverage A. Permit Area

B. Eligibility

C. Authorization

D. Continuation of the Expired General Permit

PART III. Notice of Intent Requirements A. Notice of Intent (NOI) Submittal

B. Who Must Submit NOIs

C. Individual Applications

D. Changes to the NOI

E. Transfer of Ownership or Control

PART IV. Monitoring and Reporting Requirements A. Facilities Required to Monitor

B. Representative Discharge

PART V. Standard Conditions A. Duty to comply

B. Duty to reapply

C. Need to halt or reduce activity not a defense

D. Duty to mitigate

E. Proper operation and maintenance

F. Permit actions

G. Property rights

H. Duty to provide information

I. Inspection and entry

J. Monitoring and records

K. Signatory requirements

L. Reporting requirements

M. Bypass

N. Upset

O. Misrepresentation of Information

P. Requiring an Individual Permit or an Alternative General Permit

Part VI. Reopener Clause

PART VII. Termination Of Coverage A. Notice of Termination

B. Where to Submit NOT

Part VIII. Schedule of Compliance

Part IX. Effluent Limitations and Monitoring Requirements A. Effluent Limitations And Monitoring Requirements

B. Whole Effluent Toxicity and Other Biological Limitations and Monitoring Requirements

Part X. Other Requirements

Part I

Permit No. SCG250000

PART I. Definitions

Any term not defined in this Part has the definition stated in the Pollution Control Act or in “Water Pollution Control

Permits”, R.61-9 or its normal meaning.

A. “7Q10" means the minimum seven day average flow rate that occurs with an average frequency of once in ten years as published or verified by the U. S. Geological Survey (USGS) or an estimate extrapolated from published or verified USGS data.

B. The “Act”, or CWA, shall refer to the Clean Water Act (Formerly referred to as the Federal Water Pollution

Control Act) Public Law 92-500, as amended.

C. The “average” or “arithmetic mean” of any set of values is the summation of the individual values divided by the number of individual values.

D. “Basin” (or “Lagoon”) means any in-ground or earthen structure designed to receive, treat, store, temporarily retain and/or allow for the infiltration/evaporation of wastewater.

E. “Bypass” means the intentional diversion of waste streams from any portion of a treatment facility.

F. “Daily discharge” means the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the daily discharge is calculated as the average measurement of the pollutant over the day.

G. “Daily maximum” is the highest average value recorded of samples collected on any single day during the calendar month.

H. “Daily minimum” is the lowest average value recorded of samples collected on any single day during the calendar month.

I. The “Department” or “DHEC” shall refer to the South Carolina Department of Health and Environmental

Control.

J. “Freshwater” means any freshwater as defined by Regulation 61-68 and classified by Regulation 61-69.

K. A “grab sample” is an individual, discrete or single influent or effluent portion of at least 100 milliliters collected at a time representative of the discharge and over a period not exceeding 15 minutes and retained separately for analysis.

L. The “maximum or minimum” is the highest or lowest value, respectively, recorded of all samples collected during the calendar month. These terms may also be known as the instantaneous maximum or minimum.

M. “MGD” means million gallons per day.

N. The “monthly average”, other than for fecal coliform and enterococci, is the arithmetic mean of all samples collected in a calendar month period. The monthly average for fecal coliform and enterococci bacteria is the geometric mean of all samples collected in a calendar month period. The monthly average loading is the arithmetic average of all daily discharges made during the month.

O. “NOI” means notice of intent to be covered by this permit.

P. “NOT” means notice of termination.

Q. “Outfall” or “Point Source” means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, or vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff.

R. The “PCA” shall refer to the Pollution Control Act (Chapter 1, Title 48, Code of Laws of South Carolina).

S. The “practical quantitation limit” (PQL) is the concentration at which the entire analytical system must give a recognizable signal and acceptable calibration point. It is the concentration in a sample that is equivalent to the concentration of the lowest calibration standard analyzed by a specific analytical procedure, assuming that all the method-specific sample weights, volumes, and processing steps have been followed. It is also referred to as the reporting limit.

T. “Quarter” is defined as the first three calendar months beginning with January and each group of three calendar months thereafter (also known as calendar quarters).

U. “Saltwater” means Class SA and SB as classified by R.61-69 or as defined as tidal saltwaters in R.61-68.

V. “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.

W. “Sludge” means industrial sludge. Industrial sludge is a solid, semi-solid, or liquid residue generated during the treatment of industrial wastewater in a treatment works. Industrial sludge includes, but is not limited to, industrial septage; scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and a material derived from industrial sludge. Industrial sludge does not include ash generated during the firing of industrial sludge in an industrial sludge incinerator or grit and screenings generated during preliminary treatment of industrial wastewater in a treatment works. Industrial sludge by definition does not include sludge covered under 40 CFR Part 503 or R.61-9.503.

X. “Storm Water” means storm water runoff, snowmelt runoff, and surface runoff and drainage.

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

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

Z. “Utility Water” is defined as

1. "Once-through non-contact cooling water " is water that has a single pass through cooling coil(s) or jacket(s) that is used to reduce temperature and does not come in direct contact with any raw material, intermediate product, a waste product or a finished product.

2. "Recirculated non-contact cooling water" is water that makes multiple passes through cooling coil(s) or jacket(s) that is used to reduce temperature and does not come in direct contact with any raw material, intermediate product, a waste product or a finished product. The water being discharged is “blowdown” or removal of some of the recirculated water that has accumulated impurities which make it unsuitable for continued use in the cooling system.

3. "Air-washer water" is recirculated water used for cooling and removing dust from air in textile greige fabric or yarn-production operations.

4. "Boiler blowdown" is water discharged from a power or steam boiler or hot water boiler for the purpose of reducing the dissolved solids concentration.

5. "Steam condensate" is water condensed from steam used for heating or other power-production purposes and having had no contact with any process materials.

6. “Air conditioning condensate” is water condensed from the air as it cools by coming into contact with the refrigerant piping loops.

7. “Other Condensate” is uncontaminated air conditioning or compressor condensate and other uncontaminated condensate resulting from condensing atmospheric moisture on cool or cold surfaces.

AA. “Wastewater” means industrial wastewater. Industrial wastewater is wastewater generated from a federal facility, commercial or industrial process, including waste and wastewater from humans when generated at an industrial facility.

BB. "Waters of South Carolina" means all waters of the United States within the political boundaries of the State of

South Carolina.

CC. "Waters of the United States" means:

1. all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide;

2. All interstate waters, including interstate "wetlands";

3. All other waters such as interstate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, wet meadows, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters:

a. Which are or could be used by interstate or foreign travelers for recreational or other purposes;

b. From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or

c. Which are used or could be used for industrial purposes by industries in interstate commerce;

4. All impoundments of waters otherwise defined as waters of South Carolina under this definition;

5. Tributaries of waters identified in Part I.BB.1-4 of this definition;

6. The territorial sea; and

7. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in Part I.BB.1-6 of this definition.

Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA are not waters of South Carolina. This exclusion applies only to manmade bodies of water which neither were originally created in waters of South Carolina (such as disposal areas in wetlands) nor resulted from the impoundment of waters of South Carolina.

Part II

PART II. Permit Coverage

A. Permit Area

The permit covers all areas of South Carolina.

B. Eligibility

1. This permit may cover all new and existing point source discharges to surface waters of South Carolina as well as the land, as identified in this section below, except for discharges identified under Part II.B.3.

a. Types of wastewater permitted: This permit authorizes discharge of the following types of wastewater:

(1) Once-through, non-contact cooling water of 500,000 gallons per day (gpd) on the maximum day or less.

(2) Recirculated, non-contact cooling water of 200,000 gpd on the maximum day or less.

(3) Air-washer water of 100,000 gpd on the maximum day or less.

(4) Boiler blowdown of 10,000 gpd on the maximum day or less.

(5) Steam condensate of 10,000 gpd on the maximum day or less.

(6) Any combination of the discharges in (1) - (5) above of 500,000 gallons per day (gpd) on the maximum day or less in which the flow limits on the individual waste streams above are not exceeded.

(7) Air conditioner condensate or other non-contact cooling water discharging from heating and cooling

(HVAC) systems not already covered by another NPDES permit.

(8) Other condensate (See Part I.Y.7) not already covered by another NPDES permit.

b. If a facility has multiple discharge points to the same waterbody of more than one type of wastewater listed in Part II.B.1.a above, the Department may evaluate the combined effects of the discharges to determine if an individual permit may be needed.

c. A discharger covered under this permit who intends to increase the discharge of any of the types of wastewater permitted hereunder to a flow rate greater than is authorized under this permit must apply for and obtain an individual permit for such discharge before increasing the flow rate.

2. This permit may authorize utility water discharges that are mixed with other discharges provided that the other discharges are in compliance with the terms, including applicable NOI or application requirements, of a different NPDES general permit or individual permit authorizing such discharges.

3. Limitations on Coverage: The following utility water discharges are not authorized by this permit:

a. Utility water discharges to Outstanding National Resource Waters (ONRW), Outstanding Resource Waters

(ORW) and Trout Waters (TN, TPGT and TPT), or Shellfish Harvesting Waters (SFH) as classified by SC

Regulation 61-69;

b. Utility water discharges that are mixed with sources of non-utility water other than non-utility water discharges that are in compliance with a different NPDES permit;

c. Utility water (or a combination of utility water and process water) discharges which are subject to an existing effluent limitation guideline addressing utility water;

d. Utility water discharges that are subject to an existing NPDES individual or general permit; are located at a facility where an NPDES permit has been terminated or denied; or which are issued a permit in accordance with Part V.P of this permit. Such discharges may be authorized under this permit after an existing permit expires or is canceled;

e. Utility water discharges that the Department has determined to be or which may reasonably be expected to be contributing to a violation of a water quality standard;

f. Utility water discharges that would adversely affect a listed endangered or threatened species or its critical habitat.

g. Utility water discharges from covered facilities that are subject to the Cooling Water Intake Structure rules in Section 316 (b) of the Clean Water Act (new or existing facilities) that do not also have an individual

NPDES permit, under which 316(b) requirements can be addressed. Facilities with existing coverage under this permit that are subject to the Cooling Water Intake Structure rules in Section 316 (b) of the Clean

Water Act (new or existing facilities) may maintain coverage under this permit until such time as an individual permit is issued and effective for that facility. These permittees shall submit in an application for an individual NPDES permit within ninety (90) days of this permit’s effective date.

4. Coastal Zone Consistency (CZC) Certification. Projects located in the eight (8) coastal counties are deemed consistent with the Coastal Zone Management Program provided that they meet the minimum criteria of this permit. The Department reserves the right to require an individual CZC determination on any project on a case-by-case basis.

C. Authorization

1. New Dischargers of Utility Water

a. A new discharger of utility water must, except as provided in 1.b below, submit a complete Utility Water

General Permit Notice of Intent (NOI) (DHEC 3632) in accordance with the requirements of Part III of this permit at least 60 days prior to the commencement of the industrial activity at the facility. A new discharger of utility water is authorized to discharge under the terms and conditions of this permit beginning on the date of written notice from the Department of such coverage.

b. The Department may determine that an individual permit application for a proposed utility water discharge qualifies for coverage under this permit. Discharges for which individual permit applications for utility water have been submitted are authorized to discharge under the terms and conditions of this permit beginning on the date of written notice from the Department of such coverage. The Department may require additional information from the permit applicant to determine appropriate permit conditions.

c. A new discharger of utility water is required to meet all final effluent limits in Part IX of this permit upon commencement of operation.

d. Expiration of this Permit does not preclude the Department from granting coverage to new dischargers.

2. Existing Dischargers of Utility Water

a. Any existing discharger of utility water not previously covered by this General Permit who has submitted a timely, complete NPDES application for an existing individual permit which the Department determines qualifies for General Permit coverage is authorized to discharge under the terms and conditions of this permit beginning on the date of written notice from the Department of such coverage. The Department may require additional information from the permit applicant to determine appropriate permit conditions. Until coverage and limitations are determined, the limitations from the previous permit for the covered outfall(s) remain in effect.

b. Any existing discharger of utility water previously covered by this General Permit who submitted a timely, complete Notice of Intent (NOI), in accordance with Part V.B, for coverage under the General Permit is authorized to discharge under the terms and conditions of this permit beginning on the date of written notice from the Department of such coverage. The Department may require additional information from the permit applicant to determine appropriate permit conditions.

3. A discharger of utility water is not precluded from submitting an NOI in accordance with the requirements of this part after the effective date of this permit. In such instances, the Department may bring an enforcement action for failure to submit an NOI in a timely manner or for any unauthorized discharges of utility water that have occurred.

4. The Department may deny coverage under this permit and require submittal of an application for an individual

NPDES permit based on a review of the NOI or other information.

D. Continuation of the Expired General Permit

This permit expires on the date stated on the first page of the permit. However, an expired general permit continues in force and effect until a new general permit is issued. Coverage under this permit continues in force and effect only if the conditions in Part V.B are satisfied.

Part III

PART III. Notice of Intent Requirements

A. Notice of Intent (NOI) Submittal

1. The NOI Submittal shall include the following information:

a. A completed NOI Form (DHEC 3632) signed in accordance with Part V.K of this permit. Forms are available by calling (803) 898-4232 or by visiting the Department’s website at www.scdhec.net/water, and

b. A transmittal letter requesting coverage under this general permit.

2. The permittee shall submit the NOI and transmittal letter to the Department at the address on the NOI form.

B. Who Must Submit NOIs

Any facility discharging any one or combination of once-through non-contact cooling water, recirculated non-contact cooling water, boiler blowdown, air washer water, and steam condensate must submit an NOI.

Dischargers of air conditioner condensate, other condensates or non-contact cooling water from heating and cooling (HVAC) systems are not required to submit an NOI and are automatically covered by this permit, unless these discharges would be required to be monitored in accordance with Part IV.A of this permit.

C. Individual Applications

Any applicant that has previously filed an individual application and has not received an NPDES permit can receive coverage under this general permit. To request general permit coverage, a letter may be sent to the

Department requesting coverage in lieu of an individual permit. The Department may notify the applicant of any information needed to complete an NOI for the facility’s discharge(s).

D. Changes to the NOI

For changes such as facility name, operator name, contact name (excluding a change in the certifying official) and address changes or changes in discharges, the permittee shall submit a revised NOI form as soon as possible to the Department at the address on the NOI form.

E. Transfer of Ownership or Control

This general permit is not transferable. The new owner/operator shall submit an NOI in accordance with Part II.C.1 at least 30 days in advance of the proposed transfer of ownership/control. Upon notification of coverage to the new permittee, the existing permittee may request termination by submission of a Notice of Termination in accordance with Part VII of this permit.

Part IV

PART IV. Monitoring and Reporting Requirements

A. Facilities Required to Monitor

Facilities with the following discharges covered by this permit are required to conduct sampling of their utility water discharges:

1. Discharges of once-through non-contact cooling water equal to or greater than a daily maximum of 5000 gallons per day.

2. Discharges of recirculated non-contact cooling water equal to or greater than a daily maximum of 2500 gallons per day.

3. Discharges of air washer water, steam condensate or boiler blowdown equal to or greater than a daily maximum of 1000 gallons per day.

4. Combined discharge of any of the above covered discharges in 1-3 equal to or greater than a daily maximum of

2000 gallons per day.

5. Any discharge of any amount of any covered flows for which the Department determines that sampling is necessary. If this circumstance exists, the permittee will be notified in writing with reasons for the sampling being stated.

B. Representative Discharge

1. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. Samples of the discharge shall be taken when no other water sources are mixed with the discharge that is being sampled.

2. When a facility has two or more outfalls that the permittee reasonably believes discharge substantially identical effluents, the permittee may test the effluent of one such outfall and report that the quantitative data also applies to the substantially identical outfall(s). Permittees shall include a description of the location of the outfalls and an explanation of why outfalls are expected to discharge substantially identical effluents with the Discharge

Monitoring Report(s).

Part V

PART V. Standard Conditions

A. Duty to comply

The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation of the Clean Water Act and the Pollution Control Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. The Department’s approval of wastewater facility plans and specifications does not relieve the permittee of responsibility to meet permit limits.

1. 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 CWA 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.

2. Failure to comply with permit conditions or the provisions of this permit may subject the permittee to civil penalties under S.C. Code Section 48-1-330 or criminal sanctions under S.C. Code Section 48-1-320. Sanctions for violations of the Federal Clean Water Act may be imposed in accordance with the provisions of 40 CFR Part

122.41(a)(2) and (3).

3. A person who violates any provision of this permit, a term, condition or schedule of compliance contained within this NPDES permit, or the State law is subject to the actions defined in the State law.

B. Duty to reapply

1. Existing dischargers of utility water previously covered by this General Permit who wish to continue an activity regulated by this permit after the expiration date of this permit, must apply for and obtain a new permit. A permittee with a currently effective permit shall submit a new NOI 180 days before the existing permit expires, unless permission for a later date has been granted by the Department. This NOI will be used to determine coverage under the new General Permit when reissued.

2. An NOI submitted less than 9 months from the expiration of this permit by new dischargers of utility water and/or existing dischargers of utility water not previously covered by this General Permit will be used to determine coverage under the new General Permit when reissued.

C. Need to halt or reduce activity 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 conditions of this permit.

D. 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.

E. Proper operation and maintenance

1. The permittee shall at all times properly operate and maintain in good working order and operate as efficiently as possible all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the terms and conditions of this permit. Proper operation and maintenance includes effective performance based on design facility removals, adequate funding, adequate operator staffing and training and 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.

2. Power Failures. In order to maintain compliance with effluent limitations and prohibitions of this permit, the permittee shall either:

a. provide an alternative power source sufficient to operate the wastewater control facilities;

b. or have a plan of operation which will halt, reduce, or otherwise control production and/or all discharges upon the reduction, loss, or failure of the primary source of power to the wastewater control facilities.

3. The permittee shall develop and maintain at the facility a complete Operations and Maintenance Manual for the waste treatment facilities. The manual shall be made available for on-site review during normal working hours.

The manual shall contain operation and maintenance instructions for all equipment and appurtenances associated with the waste treatment facilities and land application system, if applicable. The manual shall contain a general description of the treatment process(es), the operational procedures to meet the requirements of E.1 above, and the corrective action to be taken should operating difficulties be encountered.

4. Wastewater Sewer Systems

a. Purpose. This section establishes rules for governing the operation and maintenance of wastewater sewer systems, including gravity or pressure interceptor sewers. It is the purpose of this section to establish standards for the management of sewer systems to prevent and/or minimize system failures that would lead to public health or environmental impacts.

b. Applicability. This section applies to all sewer systems that have been or would be subject to a DHEC construction permit under Regulation 61-67 and whose owner owns or operates the wastewater treatment system to which the sewer discharges.

c. General requirements. The permittee must:

(1) Properly manage, operate, and maintain at all times all parts of its sewer system(s), to include maintaining contractual operation agreements to provide services, if appropriate;

(2) Provide adequate capacity to convey base flows and peak flows for all parts of the sewer system or, if capital improvements are necessary to meet this standard, develop a schedule of short and long term improvements;

(3) Take all reasonable steps to stop and mitigate the impact of releases of wastewater to the environment;

and

(4) Notify the Department within 30 days of a proposed change in ownership of a sewer system.

F. 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.

G. Property rights

This permit does not convey any property rights of any sort, or any exclusive privilege nor does it authorize any injury to persons or property or invasion of other private rights, or any infringement of State or local law or regulations.

H. Duty to provide information

The permittee shall furnish to the Department, within a reasonable time, any information which the Department 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 Department upon request, copies of records required to be kept by this permit.

I. Inspection and entry

The permittee shall allow the Department, or an authorized representative (including an authorized contractor acting as a representative of the Department), upon presentation of credentials and other documents as may be required by law, to:

1. 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;

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

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

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

J. Monitoring and records

1. a. (1) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.

(2) Samples shall be reasonably distributed in time, while maintaining representative sampling.

(3) No analysis, which is otherwise valid, shall be terminated for the purpose of preventing the analysis from showing a permit or water quality violation.

b. Flow Measurements.

(1) Where primary flow meters are required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be present and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. The primary flow device, where required, must be accessible to the use of a continuous flow recorder.

(2) Where permits require an estimate of flow, the permittee shall maintain at the permitted facility a record of the method(s) used in estimating the discharge flow (e.g., pump curves, production charts, water use records) for the outfall(s) designated on limits pages to monitor flow by an estimate.

(3) Records of any necessary calibrations must be kept.

2. 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

R.61-9.503 or R.61-9.504), 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, and records of all data used to complete the application for 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 Department at any time.

3. Records of monitoring information shall include:

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.

4. a. Analyses for required monitoring must be conducted according to test procedures approved under 40 CFR

Part 136, equivalent test procedures approved by the Department or other test procedures that have been specified in the permit.

In the case of sludge use or disposal, analysis for required monitoring must be conducted according to test procedures approved under 40 CFR Part 136, test procedures specified in R.61-9.503 or R.61-9.504, equivalent test procedures approved by the Department or other test procedures that have been specified in the permit.

b. Unless addressed elsewhere in this permit, the permittee shall use a sufficiently sensitive analytical method that achieves a value below the derived permit limit stated in Part III. If more than one method of analysis is approved for use, the Department recommends for reasonable potential determinations that the permittee use the method having the lowest practical quantitation limit (PQL) unless otherwise specified in Part V of the permit. For the purposes of reporting analytical data on the Discharge Monitoring Report (DMR):

(1) Analytical results below the PQL conducted using a method in accordance with Part II.J.4.a above shall be reported as zero (0). Zero (0) shall also be used to average results which are below the PQL. When zero (0) is reported or used to average results, the permittee shall report, in the “Comment Section” or in an attachment to the DMR, the analytical method used, the PQL achieved, and the number of times results below the PQL were reported as zero (0).

(2) Analytical results above the PQL conducted using a method in accordance with Part II.J.4.a shall be reported as the value achieved. When averaging results using a value containing a “less than,” the average shall be calculated using the value and reported as “less than” the average of all results collected.

5. The PCA 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 $25,000 or by imprisonment for not more than 2 years, or both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment provided by the

Clean Water Act is also by imprisonment of not more than 4 years.

K. Signatory requirements

1. All NOIs, applications, reports, or information submitted to the Department shall be signed and certified.

a. NOIs and Applications. All NOIs and permit applications shall be signed as follows:

(1) For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means:

(a) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or

(b) The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or

(3) For a municipality, State, Federal, or other public agency or public facility: By either a principal executive officer, mayor, or other duly authorized employee or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes:

(a) The chief executive officer of the agency, or

(b) A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrator, Region 4, EPA).

b. All reports required by permits, and other information requested by the Department, shall be signed by a person described in Part V.K.1.a of this section, 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 in Part V.K.1.a of this section;

(2) The authorization specifies 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 a well field, superintendent, 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 Department.

c. Changes to authorization. If an authorization under Part V.K.1.b of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part V.K.1.b of this section must be submitted to the

Department prior to or together with any reports, information, or applications to be signed by an authorized representative.

d. Certification. Any person signing a document under Part V.K.1.a or b of this section shall make the following certification: “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

2. The PCA 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 non-compliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both.

L. Reporting requirements

1. Planned changes.

The permittee shall give written notice to DHEC/Bureau of Water/Water Facilities Permitting Division as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:

a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in R 61-9.122.29(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 Part IV.L.8 of this section.

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

2. Anticipated noncompliance.

The permittee shall give advance notice to the DHEC/Bureau of Water/Water Pollution Control Division of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.

4. Monitoring reports.

a. Effluent Monitoring: Effluent monitoring results obtained at the required frequency shall be reported on a

Discharge Monitoring Report Form (EPA Form 3320-1). The DMR is due postmarked no later than the

28th day of the month following the end of the monitoring period. One original and one copy of the

Discharge Monitoring Reports (DMRs) shall be submitted to:

S.C. Department of Health and Environmental Control

Bureau of Water/Water Pollution Control Division

Data and Records Management Section

2600 Bull Street

Columbia, South Carolina 29201

b. If the permittee monitors any pollutant more frequently than required by the permit using test procedures approved under 40 CFR Part 136 or, in the case of sludge use or disposal, approved under 40 CFR Part 136 unless otherwise specified in R.61-9.503 or R.61-9.504, or as specified in the permit, all valid results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or sludge reporting form specified by the Department. The permittee has sole responsibility for scheduling analyses, other than for the sample date specified in Part V, so as to ensure there is sufficient opportunity to complete and report the required number of valid results for each monitoring period.

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

5. Twenty-four hour reporting

a. The permittee shall report any non-compliance, which may endanger health or the environment. Any information shall be provided orally to local DHEC office within 24 hours from the time the permittee becomes aware of the circumstances. During normal working hours call:

County DHEC Regional Area Phone No.

Anderson, Oconee Upstate Region BEHS Anderson 864-260-5569

Abbeville, Edgefield, Greenwood, Laurens, McCormick, Saluda

Upstate Region BEHS Greenwood 864-223-0333

Greenville, Pickens Upstate Region BEHS Greenville 864-241-1090

Cherokee, Spartanburg, Union Upstate Region BEHS Spartanburg 864-596-3800

Fairfield, Lexington, Newberry, Richland Midlands Region BEHS Columbia 803-896-0620

Chester, Lancaster, York Midlands Region BEHS Lancaster 803-285-7461

Aiken, Allendale, Bamberg, Barnwell, Calhoun, Orangeburg Midlands Region BEHS Aiken 803-642-1637

Chesterfield, Darlington, Dillon, Florence, Marion, Marlboro Pee Dee Region BEHS Florence 843-661-4825

Clarendon, Kershaw, Lee, Sumter Pee Dee Region BEHS Sumter 803-778-6548

Georgetown, Horry, Williamsburg Pee Dee Region BEHS Myrtle Beach 843-238-4378

Berkeley, Charleston, Dorchester Low Country Region BEHS Charleston 843-953-0150

Beaufort, Colleton, Hampton, Jasper Low Country Region BEHS Beaufort 843-846-1030

*After-hour reporting should be made to the 24-Hour Emergency Response telephone number 803-

253-6488 or 1-888-481-0125 outside of the Columbia area.

A written submission shall also be provided to the address in Part IV.L.4.a(4) within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

b. The following shall be included as information which must be reported within 24 hours under this paragraph.

(1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (See R.61-9.122.44(g)).

(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 Department in the permit to be reported within 24 hours (See R 61-9.122.44(g)). If the permit contains maximum limitations for any of the pollutants listed below, a violation of the maximum limitations shall be reported orally to the DHEC/Bureau of Water/Water Pollution Control Division within 24 hours or the next business day.

(a) Whole Effluent Toxicity (WET),

(b) tributyl tin (TBT), and

(c) any of the following bioaccumulative pollutants:

α BHC β BHC δ BHC (Lindane)

BHC

Chlordane

DDD

DDE

DDT

Dieldrin

Hexachlorobenzene

Hexachlorobutadiene

Mercury

Mirex

Octachlorostyrene

PCBs

Pentachlorobenzene

Photomirex

1,2,3,4-Tetrachlorobenzene

1,2,4,5-Tetrachlorobenzene

2,3,7,8-TCDD

Toxaphene

c. The Department may waive the written report on a case-by-case basis for reports under Part II.L.5.b of this section if the oral report has been received within 24 hours.

6. Other noncompliance.

The permittee shall report all instances of noncompliance not reported under Part IV.L.4 and 5 of this section at the time monitoring reports are submitted. The reports shall contain the information listed in Part IV.L.5 of this section.

7. Other information.

Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Department, it shall promptly submit such facts or information to the Water Facilities Permitting Division. This information may result in permit modification, revocation and reissuance, or termination in accordance with Regulation 61-9.

8. Existing manufacturing, commercial, mining, and silvicultural dischargers.

In addition to the reporting requirements under Part IV.L.1-7 of this section, all existing manufacturing, commercial, mining, and silvicultural dischargers must notify the DHEC/Bureau of Water/Water Pollution

Control Division of the Department as soon as they know or have 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 µg/l);

(2) Two hundred micrograms per liter (200 µg/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter

(1 mg/l) for antimony;

(3) Five (5) times the maximum concentration value reported for that pollutant in the permit application; or

(4) The level established by the Department in accordance with section R.61-9.122.44(f).

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 in the highest of the following “notification levels”:

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

(2) One milligram per liter (1 mg/l) for antimony;

(3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application in accordance with R.61-9.122.21(g)(7).

(4) The level established by the Department in accordance with section R.61-9.122.44(f).

M. Bypass

1. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Part IV.M.2 and 3 of this section.

2. Notice.

a. 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 to the DHEC/Bureau of Water/ Water Facilities

Permitting Division.

b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part

IV.L.5 of this section.

3. Prohibition of bypass

a. Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, unless:

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

(2) 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 back-up 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

(3) The permittee submitted notices as required under Part IV.M.2 of this section.

b. The Department may approve an anticipated bypass, after considering its adverse effects, if the Department determines that it will meet the three conditions listed above in Part IV.M.3.a of this section.

N. Upset

1. 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 Part II.N.2 of this section are met.