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HomeMy WebLinkAboutNCG060368_COMPLETE FILE - HISTORICAL_20160208STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V Cc-o Q �c) 3 IO DOC TYPE X HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ 0fiI IO t)c� D b YYYYMMDD 0 • 0 PAT MCCRORY Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY Anupama Mehrotra New Belgium Brewing Company, Inc. 91 Craven Street Asheville, NC 28715 Dear Anupama Mehrotra Govcn,or DONALD R VAN DER VAART February 8, 2016 Received MAR -1 2016 Land Quality Section Asheville Secrvrary TRACY DAVIS 1 waor Subject General Permit No NCG060000 New Belgium Brewing Company, Inc COC NCG060368 Buncombe County In accordance with your application for a discharge permit received on December 18, 2015, we are forwarding herewith the subject certificate of coverage to discharge under the subject state — NPDES general 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 October 15, 2007 (or as subsequently amended) Please take notice that this certificate of coverage is not transferable except after notice to the Division of Energy, Mineral, and Land Resources The Division may require modification or revocation and reissuance of the certificate of coverage This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Energy, Mining, and Land Resources, or permits required by the Division of Water 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 Richard Riddle at telephone number (919) 807-6375 Sin c`, OVAL SIGNED BV iA, IGHEAL F RANDALL for Tracy E Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources cc Asheville Regional Office Central Files Stormwater Permitting Program File State of North Carolina I Environmental Quality I Energy, Mmeral and Land Resources 1612 Mad Service Center 1 512 North Salisbury Street I Raleigh, INC 27699-1612 919 707 9200 T CJ STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT NO. NCG060000 CERTIFICATE OF COVERAGE No. NCG060368 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, New Belgium Brewing Company, Inc. is hereby authorized to discharge stormwater from a facility located at New Belgium Brewing Company, Inc. 91 Craven Street Asheville Buncombe to receiving waters designated as French Broad River, a class B water in the French Broad River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, Il, III, and IV of General Permit No NCG060000 as attached This certificate of coverage shall become effective February 8, 2016 This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day February 8, 2016 ,X�IGINAL SIGNED By %IJCHF.AL F RANDALL for Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission I , ;1-6 OIL' 4W, MCI 4 URW 'Via all, R), .arm k Win W, tl& - 4 -)P-� 7 0,0 __.� AR vt - R 27. Z- iz I.d IV %R, 3�z Y Mk- AVY; 1-0. All, AIRMov AT)l M, few pj FF -t2 69 L Rl; T-1 lo "T 5 M Z A ���> �k j �f� r. � �� �.. • ;; -. ,i��: u? ;r:;�,...•, t'�r�t� . ����' �,�A , N, New Belgium Brewing Compan 1K i; "IRT Ile it I" IL__"M"Jr 7'A',,: 0 Riddle, Rick L From: Riddle, Rick L Sent: Monday, January 04, 2016 9 04 AM To: Aiken, Stan E Subject: NCG060368 - New Belgium Brewing Company Attachments: NCG060368 New Belgium Brewing NOI pdf Stan Aiken, Please review the attached NOI application and respond to me with any recommendations for the permit Your recommendation now to issue the permit serves as your acknowledgement that (1) the facility is located in your region, (2) that there are no current complaints outstanding about the facility that have not been dealt with, and (3) that the facility may ultimately be inspected by the regional staff �COC # (Facility 11-ocation JCity/County NCG060368 New Belgium Brewing Company 91 Craven St Asheville/Buncombe If you need any more info, send me an email or give me a call If you could send me a recommendation to issue the permit by around 02/04/2016 or so, I'd appreciate it, so I can issue their COC Thank you Richard Riddle Richard L. Riddle, Jr. Stormwater Engineer North Carolina Department Enviromental Quality North Carolina Division Energy Mineral Land Resources 919 803-6375 office rick riddle@ncdenr gov 512 North Salisbury Street 1612 Mail Service Center Raleigh, NC 27699-1612 Nothing Compares-,�-,, w Email correspondence to and from this address is subject to the North Carolina Public Records Cow and may be disclosed to third parties NCDENR Wo Cmou (1PAI mw or EHwrto .EW—D N.m REwuflcts KOTICE OF INTENT Division of Energy, Mineral and Land Resources Land Quality Section National Pollutant Discharge Elimination System NCG060000 FOR AGENCY USE ONLY Date Received Year Month Da Certificate ofCovera Ch ck Perrr"t sqixed to National Pollutant Discharge Elimination System application for coverage under General Permit NCG060000- STORMWATER DISCHARGES associated with activities classified as. SIC (Standard Industrial Classification) 20 Food and Kindred Products SIC 21 Tobacco Products SIC 283 Drugs SIC 284 Soaps, Detergents, & Cleaning Preparations, Perfumes, Cosmetics, & Other Toilet Preparations SIC 422 Public Warehousing and Storage (except 4226) For questions, please contact the DEMLR Regional Office for your area See page 4. Do Not use this NOI for renewals. (Please print or type) 1) Mailing address of owner/operator (address to which all permit correspondence will be mailed) - Name New Belgium Brewm_g_C_ompany, Inc _ Street Address 91 Craven St City Asheville State NC ZIP Code _2$715 Telephone No 828-333-69d0 Fax 2) Location of facility producing discharge - Facility Name New Belgium Brewing Company,Inc Facility Contact Anupama Mehrotra _- Facility Address 91 Craven St Facility City Asheville State Nr, ZIP Code . 98715 Facility County Buncombe _ Telephone No 828-333-6900 Fax Email amehrotraAn,ewhelalum_com 3) Physical Location Information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection) Facility is located off of Craven St. iust west of downtown Asheville It is located directiv on the French Broad River. between the Craven St and Haywood Rd bridges (A copy of a county map or USGS quad sheet with the facility clearly located must be submitted with this application ) 4) Latitude 350 35' 16,0038" Longitude -82° 34' 24 726" (deg, min, sec) 5) This NPDES Permit Application applies to which of the following. n% New or Proposed Facility Date operation is to begin 05101 /2016 ❑ Existing rt7�,(Qjf Page 1 of 4 SWU-221 Last revised 6/24114 NbG060000 N.O.I. 14) Hazardous Waste a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? I(No ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg of hazardous waste generated per month) of hazardous waste? N(No ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg or more of hazardous waste generated per month) of hazardous waste? N(No ❑ Yes d) Is hazardous waste stored in the 100-year flood plain? VNo ❑ Yes If yes, include information to demonstrate protection from flooding e) If you answered yes to questions b or c , please provide the following information Type(s) of waste How is material stored Where is material stored How many disposal shipments per year Name of transport 1 disposal vendor Vendor address 15) Certification: North Carolina General Statute 143-215.613 (i) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article, or who knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article, or who falsifies, tampers with, or knowingly renders Inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000) I hereby request coverage under the referenced General Permit I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an Individual permit I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate Printed Name of Person Signing Nick Ampe, CHMM Title EH Specialist _ Z� / 2-11 "s - (Srgnature of Applicant),"(Date Signed) This Notice of Intent must be accompanied by a check or money order for $100 00, made payable to, NCDENR. Do not send the check or money order separately Page 3 of 4 SWU-221 Last revised 6l24l14 u1 J st m �` E of a.cc e�1 ! litA ! Of"(10 1E 9 i - - - L) -3 E 'g" LU 11 (oil IL z pg ! Et�1 G d 9 5 C p !tlj Mk¢ v �� R R F eei a e �k� �Eli R ii o � a vavy rpq� a HL 0 � �ya�� �Q�A ��� ���4 � b ✓�pp5 S� l�3G X� f2333311�ta8�=_�# ppp ■ MOM z � J 1 11 ��Cp° tic 9 104 I I I I I � f I ' I � r l I I I 4\ fp I I 1 � N CD m a — :3 cD a. CD � cn y CD 'K 3 CD Y � a � r N a N o'cn m 3 co a m W CDv a cu UQ 10 � Z z n m +� 8 � —lob WkT yea Ewsr oasr eaErvn' ..,. oa. e.,w-, oa. a 114-mo mggg & Craig WRY�T.0 ppMeA . 91.f14R �... �. TRUCK COURT STORM SYSTEM Buncombe County of �•- — _ s- �.f-= s +� 1:� � � " �'as1 JeF LOU v:.. Sn, ' Stj ' f t •" {'. i fNil _ 7'�/("t r '- •r a 0.y� • '. 57, ".K2S gyp:,}) ,� •. E - .- - - r � �� r •. _ �. _ t �l -•�1 ' .cti} 1' n.ni3i ,. ,fM'1{r-'r912l� 3150IVF i !vi3n 3J:"�5 %�^••," - A� fi. r � eS,��y - c�l?: 9+'�� y .��".`4R,_ � � -_ ''` _t;`_ �'= � y. � � .Yg i a�} �►�.'L.} '' ..r Zra". J '`Y '�7�,t,' r+1CJ'�, •r e7_•f i .C1}W� Ji��,' s f�, 5 ��:5 , �`�' `r' �y � 4,r j. ��€r`` , 7' " ���� • � � t {t.�.. 4 �S' Y ��• � r � J - ' December 16. 2015 14,514 0 0.0375 0 075 015 m 0 OLDS Q1 02 km Esn KRE Dd"" US3S lrtar�pp maemerR F Cup. Ese Japan WTL Ew Chna f img Kn�p} Esi (ihaladj December 16, 2015 Stormwater Permitting Unit Program Division of Energy, Mineral and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 NEW BELGIUM. BREWING &CCJE�1 V h RE NCG06-Notice of Intent for SW Permit -Supplemental Information �ri�inF8 2Q15 To Whom It May Concern, Enclosed Is the Notice of Intent document for New Belgium Brewery (NBB) stormwater permit application. Multiple site drawings are provided, and this document provides additional information about these drawings The first two drawings display a general site overview of the manufacturing facility. The first drawing is labelled Perkins + Will C-0 1 'Master Plan', and provides the overall layout of the facility with site property lines. In addition, total pervious and impervious square footage is provided under the development data table at the top of the drawing The second drawing is labelled Perkins + Will C-2 0 'Staking and Materials Plan Overall', and displays the pervious and impervious areas The next drawing shows the stormwater features associated with the site, and Is printed on 11 x 17 paper Items displayed are runoff conveyance features, location of stormwater outfalls, drainage areas, stormwater management structures and material storage areas An updated drawing is provided for the stormwater feature drawing, which updates the layout of the bioswales across from the truck dock impervious area. This drawing is number C14 and has a title of'Truck Court Storm System' Instead of the stormwater sheet Flowing from the truck dock to a bioswale located to the West, this liquid is now conveyed to pipes which discharge to a bioswale on the NW side of the site This liquid then passes through another bioswale before ultimately being discharged to the river The final drawing is the county map with the facility location clearly marked on the map. This drawing has the words Buncombe County' on the top, and is dated 12/16/15 500 Linden Street • Fart Collins, CO 80524 USA • 888 NBB 4044 • NEWBELGIUM COM NEW BELGIUM. BREWING Please contact me directly for any questions or concerns with the notice of intent or associated documentation Sincerely, Nick Ampe, CHMM Environmental Health Specialist New Belgium Brewing Company 500 Linden St Fort Collins, CO 80524 Phone: 970-443-7110 Fax 970-494-7860 Email nme nwe 500 Linden Street - Fort Collins, CO 80524 USA • 888 NBB 4044 • NEWBELGIUM COM New Belgium Brewing Company 500 Linden Street Fort Collins, CO 80524 USA JPMor Chase Bank, N A 144437 anTolumbus, OH 55-1544l441 *** One Hundred and 00/100 PAY TO THE NCDENR ORDER OF 1612 MAIL SERVICE CENTER RALEIGH, NC 27699 USA �c&6�03�2 12/1 /2015 VOID AFTER 90 DAYS Authorized Signature $100 00 • Herbert. Laura C From: Herbert, Laura C Sent: Friday, October 18, 2013 514 PM To: 'Mark Fischer' Cc: Stepp, Jonathan, Hicklin, Kristin Subject: RE Stormwater design question - New Belgium Buncombe Attachments: NCG060000 pdf Mark, The last paragraph in the below email identifies what substances require second containment For further clarification and regulatory references see as follows 1) bulk storage of liquid materials including petroleum products - Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons 2) Storage in any amount - Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals - A chemical or chemical category which b Is listed in 40 CFR 372 65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Rightto- Know Act of 1986, c Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements, and d Meets at least one of the following criteria i Is listed in appendix D of 40 CFR part 122 on Table 11 (organic priority pollutants), Table 111 (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances), u Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116 4, or ui Is a pollutant for which EPA has published acute or chronic water quality criteria 3) storage in any amount of hazardous substances - Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act Mark, all this can be found in the definitions section of the Stormwater Permit I am attaching a copy of the Food & Kindred General Stormwater permit (NCG060000) for your review I think this may be the SIC code that you all are in? if not, let me know which SIC code you are and I will forward the correct general permit For additional information, see our website at the following url http //portal ncdenr orglwebllrtnpdes-stormwater#tab-3 Thanks, and have a great weekend Laura • Laura Herbert, P E Regional Engineer Division of Energy, Mineral, and Land Resources - Land Quality Section NCDENR-Asheville Regional Office 2090 US Highway 70 Swannanoa, NC 28778 Tel 828-296-4500 Fax 828-299-7043 http //portal ncdenr org/web/Ir Notice F-mait correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties unless the content is exempt by statute or other regulation From: Herbert, Laura C Sent: Friday, October 18, 2013 12 35 PM To: Mark Fischer Cc: Fox, Tim; Stepp, Jonathan, Kucken, Darlene; Hicklin, Kristin, Pickle, Ken Subject: RE Stormwater design question - New Belgium Buncombe Mark, Thank you for your inquiry and the opportunity to comment on this proposed design The proposed design appears to be susceptible to operator error if GMPs are not followed Failure of GMPs could result in direct discharge of NaOH, MgOH, or acid into receiving waters (the French Broad), which is very much a concern of ours Because you did not mention any secondary containment in this area (except the sloped area in the unloading area), a stormwater drain located in this unloading area would always be worrisome because of the potential for a chemical spill during unloading To address these concerns, we would recommend that the unloading areas be covered to minimize the amount of stormwater and that the stormwater drain be eliminated The process drain with a valve could be utilized to accept the small amount of stormwater that is blown into this area If there is concern of spills going to the pretreatment facility during unloading, the valve on the process pipe could be closed during unloading This would be the more environmentally secure approach if feasible with your design considerations and constraints If covering the unloading area and eliminating the stormwater drain in this area is not feasible, we would at the very least recommend that the stormwater drain valve be kept closed at all times and only manually opened under similar constraints used for Aboveground Storage tank (AST) bulk storage secondary containment in our general permits (see below) By doing this, the sloped collection area acts as a secondary containment area with manual release only Mark, again thanks for the opportunity to review and comment Because we are not familiar with the design details of your process or pretreatment system, our recommendations may not be feasible However, if they are, your consideration of our recommendations is appreciated If you have any questions or would like to discuss, please let me know or give me a call We look forward to working with you all and welcome you to North Carolina and Asheville Thanks, Laura • Herbert. Laura C From: Herbert, Laura C Sent: Friday, October 18, 2013 12 35 PM To: Mark Fischer Cc: Fox, Tim, Stepp, Jonathan, Kucken, Darlene, Hicklin, Kristin, Pickle, Ken Subject: RE Stormwater design question - New Belgium Buncombe Mark, Thank you for your inquiry and the opportunity to comment on this proposed design The proposed design appears to be susceptible to operator error if GMPs are not followed Failure of GMPs could result in direct discharge of NaOH, MgOH, or acid into receiving waters (the French Broad), which is very much a concern of ours Because you did not mention any secondary containment in this area (except the sloped area in the unloading area), a stormwater drain located in this unloading area would always be worrisome because of the potential for a chemical spill during unloading To address these concerns, we would recommend that the unloading areas be covered to minimize the amount of stormwater and that the stormwater drain be eliminated The process drain with a valve could be utilized to accept the small amount of stormwater that is blown into this area If there is concern of spills going to the pretreatment facility during unloading, the valve on the process pipe could be closed during unloading This would be the more environmentally secure approach if feasible with your design considerations and constraints If covering the unloading area and eliminating the stormwater drain in this area is not feasible, we would at the very least recommend that the stormwater drain valve be kept closed at all times and only manually opened under similar constraints used for Aboveground Storage tank (AST) bulk storage secondary containment in our general permits (see below) By doing this, the sloped collection area acts as a secondary containment area with manual release only Mark, again thanks for the opportunity to review and comment Because we are not familiar with the design details of your process or pretreatment system, our recommendations may not be feasible However, if they are, your consideration of our recommendations is appreciated if you have any questions or would like to discuss, please let me know or give me a call We look forward to working with you all and welcome you to North Carolina and Ashevillei Thanks, Laura Secondary Containment Requirements and Records Secondary containment is required for bulk storage of liquid materials including petroleum products, storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism) Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater Accumulated stormwater shall be released if found to be uncontaminated by any material Records documenting the individual making the I r % observation, the description of the9cumulated stormwater, and the date a0time of the release shall be kept for a period of five (5) years For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit Laura Herbert, P E Regional Engineer Division of Energy, Mineral, and Land Resources - Land Quality Section NCDENR-Asheville Regional Office 2090 US Highway 70 Swannanoa, NC 28778 Tel 828-296-4500 Fax 828-299-7043 http //portal ncdenr org/web/Ir Notice E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties unless the content is exempt by statute or other regulation From: Fox, Tim Sent: Friday, October 18, 2013 7:18 AM To: Mark Fischer Cc: Herbert, Laura C Subject: RE: Stormwater design question Mark, Thank you for your question We have had some significant changes with re -organization over the last couple of months The stormwater program is now being administered by the NC Division of Energy Mineral and Land Resources Laura Herbert is the correct contact and her information is below Laura Herbert, P E. Regional Engineer Division of Energy, Mineral, and Land Resources - Land Quality Section NCDENR-Asheville Regional Office 2090 US Highway 70 Swannanoa, NC 28778 Tel 828-296-4500 Fax 828-299-7043 http 11portal ncdenr or web Ir Good luck with your project and if I can help direct you in the future with any other questions, please let me know Thanks, Tim Tim Fox - tim fox ncdenr Rov North Carolina Dept of Environment and Natural Resources Asheville Regional Office 2 Division of Water Resources — Water Quality Programs 2090 US 70 Highway Swannanoa, NC 28778 Tel 828-296-4500 Fax 828-299-7043 Notice Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties From: Mark Fischer [mailto mfischer@newbelgium com] Sent: Thursday, October 17, 2013 5.52 PM To: Fox, Tim Subject: Stormwater design question I am an engineer with New Belgium working on design of our new brewery in Asheville I got your name from Nick Ampe in our risk management group We have a question regarding design that could impact stormwater and wanted your opinion and comments on it If you are not the proper person to be calling can you please forward this on We will have two locations at our brewery where we will be unloading chemical trucks Each area will sloped sides and enough volume to hold more than the volume in the truck We would like to use a double drain system similar to what we use at our Fort Collins brewery The sloped collection area would have two drains Drain 1 would go to the stormwater drain Drain 2 would go to our process drains which will go to a pretreatment facility and then to the MSD There would be GMP that our workers would be trained on that would mandate the process drain be plugged at all times to allow stormwater to go to the stormwater drain The procedure would also require the plug to be moved to the stormwater drain when a chemical truck is being unloaded and returned to the process drain following unloading of the truck Please let us know your thoughts on this system The containment areas would not be covered Chemicals would be bulk caustic and bulk MgOH and bulk acid Thanks for any assistance you can give us Mark Fischer Senior Plant Engineer 970-494-4653 0 970-566-8176 M Herbert, Laura C From: Pickle, Ken Sent: Friday, October 18, 2013 9 47 AM To: Herbert, Laura C, Georgoulias, Bethany, Stepp, Jonathan Cc: Hicklin, Kristin, Kucken, Darlene, Bennett, Bradley Subject: RE Stormwater design question Hi Laura, I concur It seems like this design and proposed operating procedure invite operator error, with potential impact to the receiving water As to stormwater regulation and permitting This facility would have an NPDES stormwater permit, and those permits are essentially 'performance spec' regulations We would either use the General Permit NCG06 Food and Kindred products, or if this facility presents risks that we think wouldn't be addressed by NCG06, we'd craft an individual permit I don't think the General Permit, or our beginning template for an individual permit, would include restrictions on how they conduct their operations We would Just have numerical benchmarks for testing the stormwater discharge So, as to us prohibiting this design, I don't think that's the path for us They can do it this way, and we have no authority to direct otherwise As to prudent facility design They know their business and plant design needs, and we don't Obviously However, some questions pop to mind c Mr Fischer reports that the unloading areas will not be covered Why not? This is a brand new plant He can design it any way he wants to If this is on the scale of a very large brewery, the cost of a couple of shed roofs over the unloading areas would be inconsequential compared to aggregate site construction costs o Bulk NaOH, MgOH, and acid are worrisome chemicals if you consider an accidental direct discharge to the receiving waters While these unloading areas do not qualify as AST Bulk Storage tank installations, and so are not required to have secondary containment, from one perspective they do present a similar, or maybe even greater risk, I think And so, I would at least reverse their operating logic to have the storm drain plugged all the time, and only opened periodically under similar constraints used for AST bulk storage secondary containment in our permits o Breweries use a tremendous amount of water in the process I would expect a large amount of wastewater, too Mr Fischer reports that the facility will have a pretreatment system before wastewater discharge to the Asheville or Buncombe County MSD I don't know the design parameters related to their on -site pretreatment facility, but it seems to me the more environmentally secure approach would be to accept the little tiny bit of rainwater from the containment areas (compared to the daily production wastewater volume) directly into their process pretreatment system Then there is no need for plugging/unplugging Of course, a big slug of 50% NaOH directly into their pretreatment system may be problematic But, I'm more concerned about a big slug of 50% caustic into the waters of North Carolina o As an engineer, I Just distrust 'training and operating procedures' compared to concrete physical solutions o So my first reaction without broader knowledge of their facility operating needs is that the best design here would be to put a roof over the unloading areas and have a direct pipe to the pretreatment system with a valve The valve can stay open all the time, so that any windblown rain goes to the pretreatment system lFt—hey're worried about a slug of concentrated acid or base entering the pretreatment system, their training and operating procedures can include having the truck driver close the valve before he + L unloads Any spills 11be assessed for impact on the pretreatmetsystem, and can be released if minor, or addressed as a major spill if necessary kbp Ken Pickle Environmental Engineer NCDENR I DEMLR I Stormwater Permitting Program 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N Salisbury St, Raleigh, NC 27604 Phone (919)807-6376 Fax (919)807-6494 Email ken pickle(c�ncdenr gov Website htt ortal ncdenr or web Ir stormwater ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations ** From: Herbert, Laura C Sent: Friday, October 18, 2013 8:24 AM To: Pickle, Ken; Georgoulias, Bethany; Stepp, Jonathan Cc: Hicklin, Kristin, Kucken, Darlene Subject: FW• Stormwater design question Ken and Bethany, What do you think of this design? The biggest drawback that I can see with this system is that it will be rone to operator error (manual plugging and unplugging of the correct drain dependent on the operation) Yotfeedback is always appreciated Thanks and have a great weekend, Laura Laura Herbert, P E Regional Engineer Division of Energy, Mineral, and Land Resources - Land Quality Section NCDENR-Asheville Regional Office 2090 US Highway 70 Swannanoa, NC 28778 Tel 828-296-4500 Fax 828-299-7043 http //portal ncdenr orj,/web/Ir Notice E-mail correspondence to and From this address may be subject to the North Carolina Public Records Law and therefore may he disclosed to third parties unless the content is exempt by statute or other regulation From: Fox, Tim Sent: Friday, October 18, 2013 7 18 AM To: Mark Fischer Cc: Herbert, Laura C Subject: RE Stormwater design question Mark, 2 Thank you for your question We halelad some significant changes with re-organTcation over the last couple of months The stormwater program is now being administered by the NC Division of Energy Mineral and Land Resources Laura Herbert is the correct contact and her information is below Laura Herbert, P E Regional Engineer Division of Energy, Mineral, and Land Resources - Land Quality Section NCDENR-Asheville Regional Office 2090 US Highway 70 Swannanoa, NC 28778 Tel 828-296-4500 Fax 828-299-7043 http //portal ncdenr org/web/Ir Good luck with your project and if I can help direct you in the future with any other questions, please let me know Thanks, Tim Tim Fox - tim fox@ncdenr gov North Carolina Dept of Environment and Natural Resources Asheville Regional Office Division of Water Resources — Water Quality Programs 2090 U S 70 Highway Swannanoa, NC 28778 Tel 828-296-4500 Fax 828-299-7043 Notice Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties From: Mark Fischer [mailto,mfischer@newbelaium com] Sent: Thursday, October 17, 2013 5 52 PM To: Fox, Tim Subject: Stormwater design question I am an engineer with New Belgium working on design of our new brewery in Asheville I got your name from Nick Ampe in our risk management group We have a question regarding design that could impact stormwater and wanted your opinion and comments on it If you are not the proper person to be calling can you please forward this on We will have two locations at our brewery where we will be unloading chemical trucks Each area will sloped sides and enough volume to hold more than the volume in the truck We would like to use a double drain system similar to what we use at our Fort Collins brewery The sloped collection area would halewo drains 0 Drain 1 would go to the stormwater drain Drain 2 would go to our process drains which will go to a pretreatment facility and then to the MSD There would be GMP that our workers would be trained on that would mandate the process drain be plugged at all times to allow stormwater to go to the stormwater drain The procedure would also require the plug to be moved to the stormwater drain when a chemical truck is being unloaded and returned to the process drain following unloading of the truck Please let us know your thoughts on this system The containment areas would not be covered Chemicals would be bulk caustic and bulk MgOH and bulk acid Thanks for any assistance you can give us Mark Fischer Senior Plant Engineer 970-494-4653 0 970-566-8176 M STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO, NCG060000 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM for establishments primarily engaged in the following activities Food and Kindred In compliance with the provisions of North Carolina General Statute 143-2151, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or operators, hereinafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of stormwater to the surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters in accordance with the terms and conditions set forth herein Coverage under this General Permit is applicable to: • All owners or operators of stormwater point source discharges associated with activities classified as establishments primarily engaged in activities classified as o Food and Kindred Products [standard industrial classification (SIC) 20], o Tobacco Products (SIC 21), o Soaps, Detergents and Cleaning Preparations; Perfumes, Cosmetics and Other Toilet Preparations (SIC 284), o Drugs (SIC 283), and o Public Warehousing and Storage (SIC 4221-4225) ♦ Stormwater point source discharges from like industrial activities deemed by The Division of Water Quality (DWQ) to be similar to these operations in the process, or the discharges, or the exposure of raw materials, intermediate products, by-products, products, or waste products The General Permit shall become effective on December 1, 2012 The General Permit shall expire at midnight on October 31, 2017 Signed this day November 26, 2012. Original signed by Matt Matthews for Charles Wakild, P E , Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No NCG060000 TABLE OF CONTENTS PART I INTRODUCTION Section A General Permit Coverage Section B Permitted Activities PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A Stormwater Pollution Prevention Plan Section B Analytical Monitoring Requirements Section C On -Site Vehicle and Equipment Maintenance Monitoring Requirements Section D Qualitative Monitoring Requirements Section E Assessment of Best Management Practices (BMPS) PART 111 STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS Section A Compliance and Liability 1. Compliance Schedule 2 Duty to Comply 3 Duty to Mitigate 4 Civil and Criminal Liability 5 Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8 Duty to Provide Information 9. Penalties For Tampering 10 Penalties for Falsification of Reports 11 Onshore or Offshore Construction 12 Duty to Reapply Section B General Conditions 1. General Permit Expiration 2 Transfers 3. When an Individual Permit Maybe Required 4 When an Individual Permit May be Requested 5 Signatory Requirements I Permit No NCG060000 6 General Permit Modification, Revocation and Reissuance, or Termination 7 Certificate of Coverage Actions 8, Annual Administering and Compliance Monitoring Fee Requirements Section C Operation and Maintenance of Pollution Controls 1 Proper Operation and Maintenance 2 Need to Halt or Reduce not a Defense 3 Bypassing of Stormwater Control Facilities Section D Monitoring and Records I Representative Sampling 2 Recording Results 3 Flow Measurements 4 Test Procedures S Representative Outfall 6 Records Retention 7 Inspection and Entry Section E Reporting Requirements 1 Discharge Monitoring Reports 2 Submitting Reports 3 Availability of Reports 4 Non-Stormwater Discharges 5 Planned Changes 6. Anticipated Noncompliance 7. Spills 8, Bypass 9 Twenty-four Hour Reporting 10 Other Noncompliance 11. Other Information PART IV DEFINITIONS m Permit No NCG060000 PART I — INTRODUCTION SECTION A: GENERAL PERMIT COVERAGE All persons desiring to have facilities covered by this General Permit must register with the Division of Water Quality (DWQ) by the filing of a Notice of Intent (NOI) and applicable fees. The NO[ shall be submitted and a certificate of coverage issued prior to any point source discharge of stormwater associated with industrial activity to the surface waters of the state Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H 0100, stating the reasons supporting the request Any application for an individual permit should be made at least 180 days prior to commencement of discharge This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been revoked. Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be revoked and coverage under this General Permit be provided If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122 26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements Any owner or operator wishing to obtain a No Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NO1) form to the Division, must receive approval by the Division, must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit, and must recertify the No Exposure Exclusion annually Any facility may apply for new or continued coverage under this permit until a Total Maximum Daily Load (TMDL) for pollutants for stormwater is established A TMDL sets a pollutant -loading limit that affects a watershed, or portion of a watershed, draining to a specific impaired water For discharges to watersheds affected by a TMDL, coverage under this permit may depend on the facility demonstrating it does not have reasonable potential to violate applicable water quality standards for those pollutants as a result of discharges. If DWQ determines that discharges have reasonable potential to cause water quality standard violations, the facility shall apply for an individual permit 180 days prior to the expiration date of this General Permit. Once that individual permit is effective, the facility will no longer have coverage under this General Permit Note that the permtttee must identify impaired waters (scheduled for TMDL development) and waters already subject to a TMDL in the Site Plan, as outlined in the Stormwater Pollution Prevention Plan, Part II, Section A During the period beginning on the effective date of the permit and lasting until expiration, the permtttee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit Part I Page 1 of 2 PermitNo NCG060000 SECTION B. PERMITTED ACTIVITIES Until coverage under this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina, or to a separate storm sewer system, which has been adequately treated and managed in accordance with the terms and conditions of this General Permit Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval The discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee's responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, or decree Part [ Page 2 of 2 Permit No NCG060000 PART II — MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Pian (SPPP) The SPPP shall be maintained on site unless exempted from this requirement by the Division The SPPP is public information in accordance with Part III, Standard Conditions, Section E, paragraph 3 of this permit The SPPP shall include, at a minimum, the following items 1 Site Overview The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges The Site Overview shall contain the following (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the points of stormwater discharge associated with industrial activity. The general location map (or alternatively the site map) shall identify whether any receiving waters are impaired (on the state's 303(d) list of impaired waters) or if the site is located in a watershed for which a TMDL has been established, and what the parameters of concern are (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography and finished grade, all drainage features and structures, drainage area boundaries and total contributing area for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, stormwater Best Management Practices (BMPs), and impervious surfaces The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts (e) Certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3 Part 11 Page 1 of 12 Permit No NCG060000 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, at a minimum, shall incorporate the following (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to rainfall and run-on flows. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations In areas where elimination of exposure is not practical, this review shall document the feasibility of diverting the stormwater run-on away from areas of potential contamination (b) Secondary Containment Requirements and Records Secondary containment is required for bulk storage of liquid materials including petroleum products, storage in au amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in anv amount of hazardous substances in order to prevent leaks and spills from contaminating Stormwater runoff A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained If the secondary containment devices are connected to Stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism) Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater Accumulated stormwater shall be released if found to be uncontaminated by any material Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (S) years For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall be provided The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs The BMP Summary shall be reviewed and updated annually 3 Spill Prevention and Response Procedures The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations The SPRP must be site stormwater specific Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP The common elements of the SPCC with the SPRP maybe incorporated by reference into the SPRP Part 11 Page 2 of 12 Permit No NCG060000 4 Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall address all stormwater control systems (if applicable), stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution where not already addressed under another element of the SPPP Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP Facility Inspections Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi- annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually) These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring at the outfalls required in Part II B, Q and D of this permit. Employee Training Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. The facility personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained 7 Responsible Party The SPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP, Responsibilities for all components of the SPPP shall be documented and position assignments provided SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include (a) an updated list of significant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred (element of the Site Overview), (b) a written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges (element of the Site Overview), (c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs (BMP Summary element of the Stormwater Management Strategy). (d) a review and comparison of sample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status The permittee shall use the Division's Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater Permitting Unit's website (See 'Monitoring Forms' here httl2 //nortal,ncdenr org/web/wq/ws/su/npdessw) Part 11 Page 3 of 12 Permit No NCG060000 The Director may notify the permittee when the SPPP does not meet one or more of the minimum requirements of the permit Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the SPPP to meet minimum requirements The permittee shall provide certification in writing (in accordance with Part 111, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made 9. SPPP Implementation The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs to prevent contaminants from entering surface waters via stormwater Implementation of the SPPP shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities Such documentation shall be kept on -site for a period of five (5) years and made available to the Director or the Director's authorized representative immediately upon request PartIl Page 4 of 12 Permit No NCG060000 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1 All analytical monitoring shall be performed during a measureable storm event at each stormwater discharge outfall (SDO), Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions) A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall The previous measurable storm event must have been at least 72 hours prior The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DWQ Regional Office See Definitions Table 1. Analytical Monitoring Requirements Discharge Characteristics Units Measurement Fre uenc 1 Sample Type2 Sample Location3 H standard semi-annual Grab SDO Total Suspended Solids m L semi-annual Grab SDO Oil & Grease m L semi-annual Grab SDO Fecal Coliform4 per 100 ml of freshwater semi-annual Grab SDO Enterococc14 per 100 ml of saltwater semi-annual Grab SDO Chemical Oxygen Demand m L semi-annual Grab SDO Total Rainfalls inches semi-annual Rain Gauge - Footnotes. 1 Measurement Frequency Twice per year during a measureable storm event 2 Grab samples shall be collected within the first 30 minutes of discharge 3 Sample Location Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted A copy of the letter granting ROS shall be kept on site DWQ's ROS letter remains in effect through subsequent reissuance of this permit and as long as the pertinent site conditions and operations remain unchanged, unless the ROS letter provides for other conditions or duration 4 Fecal coliform sampling applicable only to facilities discharging to freshwaters that process meats Enterococct sampling applicable only to facilities discharging to saltwaiers that process meats 5 For each sampled measureable storm event, the total precipitation must be recorded' An on -site rain gauge or local rain gauge reading must be recorded Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions) A minimum of 60 days must separate Period land Period 2 sample dates, unless monthly monitoring has been instituted as part of other requirements of this permit. Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR The permittee must report the results from each sample taken within the Part II Page 5 of 12 Permit No NCG060000 monitoring period (see Part 111, Section E). Sampling is not required outside of the facility's normal operating hours Table 2. Monitoring Schedule Monitoring period1.2 Sample Number Start End Year 1 - Period 1 1 January 1, 2013 June 30, 2013 Year 1- Period 2 2 July 1, 2013 December 31, 2013 Yeai 2 - Period 1 3 January 1, 2014 June 30, 2014 Year 2 - Period 2 4 July 1, 2014 December 31, 2014 Year 3 - Period 1 5 January 1, 2015 June 30, 2015 Year 3 -- Period 2 6 July 1, 2015 December 31, 2015 Year 4 - Period 1 7 January 1, 2016 June 30, 2016 Year 4 - Period 2 8 July 1, 2016 December 31, 2016 Year 5 -- Period 1 9 January 1, 2017 June 30, 2017 Year 5 - Period 2 10 July 1, 2017 October 31, 2017 Footnotes 1 Maintain semi-annual analytical monitoring throughout the permit renewal process (unless other provisions of this permit prompt monthly sampling) 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period "No discharge" from an outfall or inability to collect a sample because of adverse weather conditions during a monitoring period, for example, does not constitute failure to monitor, as long as it is properly reported The permittee shall compare monitoring results to the benchmark values in Table 3 The benchmark values in Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP) Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program See below the descriptions of Tier One, Tier Two, and Tier Three response actions below In the event that the Division releases the permittee from continued monthly monitoring under Tier Three, DWQ's release letter remains in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration Part 11 Page 6 of 12 Permit No NCG060000 Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Benchmark Values pH1 6 — 9 standard unitsi Total Suspended Solids (TSS) 100 mg/L TSS (ORW, HWQ, Trout & PNA waters) 50 mg/L Oil & Grease 30 mg/L Fecal Coliform 1,000 per 100 ml Enterococci 500 per 100 ml Chemical Oxygen Demand 120 mg/L FootnQtcs 1 If pH values outside this range are recorded in sampled stormwater discharges, but ambient precipitation pH levels are lower, then the lower threshold of this benchmark range is the pH of the precipitation (within instrument accuracy) instead of 6 S U Readings from an on -site or local rain gauge (or local precipitation data) must be documented to demonstrate background concentrations were below the benchmark pH range of 6-9 Part 11 Page 7 of 12 Permit No NCG060000 Tier One if. The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall, Then: The permittee shall 1 Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2 Identify and evaluate possible causes of the benchmark value exceedance 3 Identify potential and select the specific source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concei n, and/or to bring concentrations within the benchmark range 4 Implement the selected actions within two months of the inspection. 5 Record each instance of a Tier One response in the SPPP Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented Tier Two If During the term of this permit, the first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharee outfall Then. The permittee shall 1 Repeat all the required actions outlined above in Tier One 2 Immediately institute monthly monitoring for all parameters The permittee shall conduct monthly monitoring at every outfall where a sampling result exceeded the benchmark value for two consecutive samples Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values or within benchmark range 3 If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with repot ting requli ements 4 Benchmark exceedances for a different parameter separately trigger a tiered response 5 Maintain a record of the Tier Two response in the SPPP Tier Three During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results DWQ may but is not limited to • require that the permittee revise, increase, or decrease monitoring frequency for some of all parameters, • rescind coverage under the General Permit, and require that the permittee apply for an individual stormwater discharge permit, • require the permittee to install structural stormwater controls, • require the permittee to implement other stormwater control measures, • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters, or • require the permittee implement site modifications to qualify for a No Exposure Exclusion Partl l Page 8 of 12 Permit No NCG060000 SECTION C: STORMWATER DISCHARGES: ON -SITE VEHICLE AND EQUIPMENT MAINTENANCE MONITORING REQUIREMENTS Facilities that have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil and/or hydraulic oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4 All analytical monitoring shall be performed during a measureable storm event at all stormwater discharge outfalls (SDOs) that discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B) Sampling is not required outside of the facility's normal operating hours Table 4. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Fre uenc l Sample Type2 Sample Location3 H standard semi-annual Grab SDO Non -Polar Oil & Grease / TPH EPA Method 1664 SGT-HEM mg/L semi-annual Grab SDO Total Suspended Solids m L semi-annual Grab SDO Total Rainfal14 inches semi-annual Rain gauge New Motor Oil Usage gallons/month semi-annual Estimate - Footnotes. 1 Measurement Frequency Twice per year during a measureable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded See Table 2 for schedule of monitoring periods through the end of this permitting cycle 2 Grab samples shall be collected within the first 30 minutes of discharge 3 Sample Location Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur 4 For each sampled measureable storm event the total precipitation must be recorded An on -site or local rain gauge reading must be recorded Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period, as provided in Part 11 Section B Monitoring results shall be compared to the benchmark values in Table S. The benchmark values in Table 5 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP) Exceedances of benchmark values require the permttiee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part II Section B. In the event that the Division releases the permtttee from continued monthly monitoring under Tier Three, DWQ's release letter remains in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration Part 11 Page 9 of 12 Permit No NCG060000 Table 5. Benchmark Values for On -Site Vehicle and Equipment Maintenance Activities Discharge Characteristics Benchmark Values H 6 — 9 standard units Non -Polar Oil & Grease / TPH EPA Method 1664 SGT-HEM 15 mg/L Total suspended solids 100 m L TSS CORW, H W, Trout & PNA waters 50 m L SECTION D: STORMWATER DISCHARGES: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assess new sources of stormwater pollution Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status Qualitative monitoring shall be performed semi-annually as specified in Table 6, and during required analytical monitoring events (unless the permittee is required to perform further qualitative sampling per the Qualitative Monitoring Response, below). Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR (see Adverse Weather to Definitions) Only SDOs discharging stormwater associated with industrial activity must be monitored (See Definitions) In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP Part 11 Page 10 of 12 Permit No NCG060000 Table 6. Qualitative Monitoring Requirements Discharge Characteristics Frequencyl Monitoring Location2 Color semi-annual SDO Odor semi-annual SDO Clara semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes, 1 Measurement Frequency Twice per year during a measureable storm event See Table 2 for schedule of monitoring periods through the end of this permitting cycle The permittee must continue qualitative monitoring throughout the permit renewal process 2 Monitoring Location Qualitative monitoring shall be performed at each stormwater discharge outfall [SDO) regardless of representative outfall status A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, assessing new sources of stormwater pollution, and prompting the permittee's response to pollution If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, DWQ may but is not limited to: • require that the permittee revise, increase, or decrease monitoring frequency for some or all parameters (analytical or qualitative), • require the permittee to install structural stormwater controls, • require the permittee to implement other stormwater control measures, • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters, or • require the permittee implement site modifications to qualify for a No Exposure Exclusion Part 11 Page 11 of 12 Permit No NCG060000 SECTION E: ASSESSMENT OF BEST MANAGEMENT PRACTICES (BMPS) For factlitles that use or process anima! fats/ byproducts Within twelve (12) months of the issuance of coverage under this General Permit, the permittee shall complete an assessment of best management practices associated with off loading, handling and spill prevention of rendered fats and oils that are stored and used at the facility. Following the completion of this assessment, the permittee shall submit a report of findings and proposed corrective measures to be taken to both the local DWQ Regional Office and Stormwater Permitting Unit DWQ will review the report, and either approve the proposed corrective action measures plan, direct changes be made to it, or possibly require further assessment of best management practices Failure to submit this report is a violation of permit conditions The assessment report shall include, but not be limited to, the following 1 A narrative description of all the material handling activities (not lust fats and oils handling) that are outside, or that otherwise expose materials to incidental rainfall or run-on 2 A feasibility evaluation as to whether reduced exposure can be achieved at the site, and rank the potential management measures as to feasibility Emphasize the evaluation of on -site conditions with respect to incidental, accidental, fugitive materials, and spills, whether solid or liquid 3 An evaluation of the presence, and volume of, or absence of animals/wildlife on -site and whether fecal coliform concentrations might be correlated to the presence or absence of those ammals/wildlife 4 A proposed corrective action measures plan with milestones and proposed schedule for implementation Part 11 Page 12 of 12 Permit No NCG060000 PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1 Compliance Schedule The perm►ttee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall he developed and implemented within 12 months of the effective date of the Certificate of Coverage and updated thereafter on an annual basis Secondary containment, as specified in Part I1, Section A, Paragraph 2(b) of this general permit, shall be accomplished within 12 months of the effective date of the issuance of the Certificate of Coverage New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis Secondary containment, as specified in Pa► t 11, Section A, Paragraph 2(b) of this general permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity Existing facilities previously permuted and applying for renewal under this General Permit - All requirements, conditions, limitations, and controls contained in this permit (except new SPPP elements in this permit renewal) shall become effective immediately upon issuance of the Certificate of Coverage New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6 months of the effective date of this general permit and updated thereafter on an annual basis Secondary containment, as specified in Part 1I1, Paragraph 2(b) of this general permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity 2 Dt toto Comply The perm►ttee must comply with all conditions of this general permit Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action, for permit termination, revocation and reissuance, or modification, or denial of a permit upon renewal application [40 CFR 122 41] a The perm►ttee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the general permit has not yet been modified to incorporate the requirement b The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation [33 USC 1319(d) and 40 CFR 122 41(a)(2)] c The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both In the case of a second or subsequent conviction for a negligent violation, a person shall be Part III Page 1 of 10 Permit No NCG060000 subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122 41(a)(2)] d Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122 41(a)(2)] Any person who knowingly violates section 301, 302, 303, 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, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both An organization, as defined in section 309(c)(3)(13)(m) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122 41(a)(2)] f Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit [North Carolina General Statutes § 143-215 6A] Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500 Penalties for Class it violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $177,500 [33 USC 1319(g)(2) and 40 CFR 122 41(a)(3)] Duty to Mitigate The permittee shall take ali reasonable steps to minimize or pi event any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122 41(d)] Except as provided in Part III, Section C of this general permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215 3,143-2i5 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 Q 1 and Hazardous Substance Liability Nothing in this general permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215 75 et seq or Section 311 of the Federal Act, 33 USC 1321 Pro e>Lrty Rights The issuance of this general permit does not convey any property i ights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any Part III Page 2 of 10 Permit No NCG060000 invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122 41(g)] The provisions of this general permit are severable, and if any provision of this general permit, or the application of any provision of this general permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this general permit, shall not be affected thereby [NCGS 15013-23] uuty co rroviae 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 the general permit issued pursuant to this general permit or to determine compliance with this general permit The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this general permit [40 CFR 122 41(h)] renaines ror tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to he maintained under this general permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122 41] 10 Penalties for Falsification of Rem The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to he maintained under this general 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 [40 CFR 122 411 11 Onshore or Offshore Construction This general permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters 12 Duty to Reapply Dischargers covered by this general permit need not submit a new Notice of Intent (NOI) or renewal request unless so directed by the Division If the Division chooses not to renew this general permit, the permittee will be notified to submit an application for an individual permit [15A NCAC 02H 0127(e)] SECTION 8: GENERAL, CONDITIONS General Permit Expiration General permits will be effective for a term not to exceed five years, at the end of which the Division may renew them after all public notice requirements have been satisfied If a general permit is renewed, existing permittees do not need to submit a renewal request or pay a renewal fee unless directed by the Division New applicants seeking coverage under a renewed general permit must submit a Notice of Intent to be covered and obtain a Certificate of Coverage under the renewed general permit 115A NCAC 02H 0127(e)] Part III Page 3 of 10 Permit No NCG060000 Transfers This general permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122 61 The Director may condition approval in accordance with NCGS 143-215 1, in particular NCGS 143-215 1(b)(4)b 2, and may require modification or revocation and reissuance of the Certificate of Coverage, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122 41(l)(3),122 61] or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. When an Individual Permit May be Required The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual permit or an alternative general permit Any interested person may petition the Director to take action under this paragraph Cases where an individual permit maybe required include, but are not limited to, the following a The discharger is a significant contributor of pollutants, b Conditions at the permitted site change, altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a general permit, c The discharge violates the terms or conditions of this general permit, d A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source, e Effluent limitations are promulgated for the point sources covered by this general permit, f A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit, g The Director determines at his or her own discretion that an individual permit is required t Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit When an individual permit is Issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit Signatory Requirements All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122 41(k)] a All Notices of Intent to be covered under this general permit 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 Part III Page 4 of 10 Permit No NCG060000 (2) For a partnership or sole proprietorship by a general partner or the proprietor, respectively, or (3) For a municipality, State, Federal, or other public agency by either a principal executive officer or ranking elected official [40 CFR 122 22) b All repo► is required by the general permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a above or by a duly authorized representative of that person A person is a duly authorized representative only if (1) The authorization is made in writing by a person described above, (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company (A duly authorized representative may thus be either a named individual or any individual occupying a named position), and (3) The written authorization is submitted to the Permit Issuing Authority 140 CFR 122 22] c Changes to authorization If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122 221 d Certification Any person signing a document under paragraphs a or b of this section shall make the following certification [40 CFR 122 22] NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED "1 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 properlygather and evaluate the information submitted Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering 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 forsubmitting false information, including the possibility offines and imprisonment for knowing violations General Permit Modification. Revocation and Reissuance, or Termination The issuance of this general permit does not prohibit the Permit Issuing Authority from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123, Title 15A of the North Carolina Administrative Code, Subchapter 2H 0100, and North Carolina General Statute 143-2151 et al After public notice and opportunity for a hearing, the general permit may be terminated for cause The filing of a request for a general permit modification, revocation and reissuance, or termination does not stay any general permit condition The Certificate of Coverage shall expire when the general permit is terminated Cgrtificate of Coverage Actions The general permit maybe modified, revoked and reissued, or terminated for cause The notification of planned changes or anticipated noncompliance does not stay any general permit condition [40 CFR 122 41(f)] Part III Page 5 of 10 Permit No NCGO60000 S Annual Administering and Compliance Monitoring Fee Requirements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division Failure to pay the fee in timely manner in accordance with 15A NCAC 2H 0105(b)(2) may cause this Division to initiate action to revoke coverage under the general permit, SECTION C OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this permit [40 CFR 122 41(e)] iveea to trait or Keauce not a uerense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit [40 CFR 122 41(c)] Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director 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, and b There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance, and c The permittee submitted notices as required under, Part III, Section E of this general permit If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects SECTION D MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge Analytical sampling shall be performed during a measureable storm event Samples shall betaken on a day and time that is characteristic of the discharge All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance Monitoring points as specified in this general permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122 41(j)] Recording Results For each measurement or sample taken pursuant to the requirements of this general permit, the permittee shall record the following information [40 CFR 122 41] a The date, exact place, and time of sampling or measurements, Part [I1 Page 6 of 10 Permit No NCG060000 b The individual(s) who performed the sampling or measurements, c The date(s) analyses were performed, d The individuals) who performed the analyses, e The analytical techniques or methods used, and f The results of such analyses MeasureMents Where required, 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 Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215 63 et seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136 To meet the intent of the monitoring required by this general permit, all test procedures must produce minimum detection and reporting levels 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 general permit discharge requirements, then the most sensitive (method with the iowest possible detection and reporting level) approved method must be used if a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfali status If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements maybe performed at a reduced number of outfalls Records Retention Qualitative monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan (SPPP) Copies of analytical monitoring results shall also be maintained on -site The permittee shall retain records of all monitoring information, including o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this general permit, o copies of all data used to complete the Notice of Intent to be covered by this general permit These recoi ds or copies shall be maintained for a period of at least 5 years fi om the date of the sample, measurement, report or Notice of Intent application This period may be extended by request of the Director at anytime [40 CFR 122 41] If this volume of records cannot be maintained on -site, the documents must be made available to an inspector upon request as immediately as possible Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to Part ill Page 7 of 10 Permit No NCG060000 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 general permit, b Have access to and copy, at reasonable times, any records that must be kept under the conditions of this general permit, c Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general 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 [40 CFR 122 41(1)] SECTION E• REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this general permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director DMR forms are available on the Division's webs►te (http://portal.ncdenr.o.rg/.web/wq/ws/su/npAu§a) Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring ► eport, within 30 days of the end of the specified sampling pet lod, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B 0506 If the permtttee monitors any pollutant more frequently than required by this general permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this general permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR The permtttee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so Qualitative Monitoring Report forms are available at the website above Submitting Reports a Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 b One copy of the Best Management Practices Assessment Report (refer to Part II , Section E ) shall be submitted to each the local DWQ Regional Office (RO) and the Stormwater Permitting Unit (SPU) Addresses for each RO and the counties covered by each RO can be found here httpllportal.ncdenr.org/web/wil/howelro The address for the SPU is shown below The permtttee shall retain a copy of the report on site Stormwater Permitting Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part II[ Page 8 of 10 Permit No NCG060000 Availability of Reports Except for data determined to be confidential under NCGS 143-215 3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division As required by the Act, analytical data shall not be considered confidential Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215 613 or in Section 309 of the Federal Act 4 Non-Stormwater Discharges If the storm event monitored in accordance with this general permit coincides with a non- stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report 5 Planned Chances The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122 41(1)] This notification requirement includes pollutants which are not specifically listed in the general permit or subject to notification requirements under 40 CFR Part 122 42 (a) 6 Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the general permit [40 CFR 122 41(l)(2)] 7 Spills The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined in Part IV of this general permit Additionally, the permittee shall report spills including any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours 8 Bypass Notice [40 CFR 122 41(m)(3)] 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, including an evaluation of the anticipated quality and affect of the bypass b Unanticipated bypass The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass Twenty-four Hour Reporting a The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances The written submission shall contain a description of the noncompliance, and its causes, the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122 41(I)(6)] b The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours Part I1I Page 9 of 10 Permit No NCG060000 c Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300 10 Other Noncampl-lame The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122 41(1)(7)] 11 Other 1 o do Where the Permittee becomes aware that It failed to submit any relevant facts in a Notice of Intent to be covered under this general permit, or submitted incorrect information in that Notice of Intent application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122 41(1)(8)] Part III Page 10 of 10 PART IV DEFINITIONS Ac See Clean Water Act Permit No NCG060000 Advei se Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical When adverse weather conditions prevent the collection of samples during the sample period, the permrttee must take a substitute sample or perform a visual assessment during the next qualifying storm event Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with your SPPP records Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant DMR AllowableerJ)iharges This general permit regulates stormwater discharges Non-stormwater discharges which shall be allowed in the stormwater conveyance system are a All other discharges that are authorized by a non-stormwater NPDES permit b Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, irrigation waters, flows from riparian habitats and wetlands c Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or eye wash as a result of use in the event of an emergency 4 Measures or practices used to reduce the amount of pollution entering surface waters BMPs may take the form of a process, activity, or physical structure More information on BMPs can be found at htt cf b es st r ater men o m s En ex fm 5 Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility 6 Bulk Storage of Liquid -Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons 7 Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a general permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the general permit and is signed by the Director. S Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et seq 9 Division or DWO The Division of Water Quality, Department of Environment and Natural Resources Part IV Page 1 of 4 Permit No NCGO60000 10 Director The Director of the Division of Water Quality, the permit issuing authority 11 �C The North Carolina Environmental Management Commission 12 Grab Sample An individual sample collected instantaneously Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge 13 Hazai dous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act 14 Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility 15 Measureable Storm Event A storm event that results in an actual discharge from the permitted site outfall The previous measurable storm event must have been at least 72 hours prior The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling pei iod, and obtains approval from the local DWQ Regional Office Two copies of this information and a written request letter shall be sent to the local DWQ Regional Office After authorization by the DWQ Regional Office, a written appi oval letter must be kept on site in the permittee's SPPP 16 Municipal $gpaUte Storm Sewer System (Ma A stormwater collection system within an incorporated area of local self-government such as a city or town 17 No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products DWQ may grant a No Exposure Exclusion from NPDES stormwater permitting requirements only if a facility compiles with the terms and conditions described in 40 CFR §122 26(g) 18 Notice of intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a general permit 19 Permit Issuing Authority The Director of the Division of Water Quality (see "Director" above) 20 Permittee The owner or operator issued a Certificate of Coverage pursuant to this general permit 21 Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure From which stormwater is or may be discharged to waters of the state Part 1V Page 2 of 4 Permit No NCG060000 22 Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status Representative outfall status allows the perm►ttee to perform analytical monitoring at a reduced number of outfalls 23 Secondary_Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event 24 Section 313 Water Priority Chemical A chemical or chemical category which b Is listed in 40 CFR 372 65 pursuant to Section 313 of Title 111 of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986, c Is present at or above threshold levels at a facility subject to SARA title 1I1, Section 313 reporting requirements, and d Meets at least one of the following criteria ►. Is listed in appendix D of 40 CFR part 122 on Table 1I (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances), n Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116 4, or in Is a pollutant for which EPA has published acute or chi on►c water quality criteria 25 Severe Property Substantial physical damage to property, damage to the control 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 26 S►gn►ficariLMater►als Includes, but is not limited to raw materials, fuels, materials such as solvents, detergents, and plastic pellets, finished materials such as metallic products, raw materials used in food processing or production, hazardous substances designated under section 101(14) of CERCLA, any chemical the facility is required to report pursuant to section 313 of Title III of SARA, fertilizers, pesticides, and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges 27 Significant Spills Includes, but is not limited to releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref 40 CFR 110 Sand 40 CFR 117 3) or section 102 of CERCLA (Ref 40 CFR 302 4) 28 Stormwater Discharge Outfall (SDO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina 29 Stormwater RunoFF The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt Part IV Page 3 of 4 Permit No NCG060000 30 Stormwater Associated with Industrial_Activa The discharge from any point source which is used for collecting and conveying Stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122 26(b)(14) The term does not include discharges from facilities or activities excluded from the NPDES program 31 Stormwater Pollution Prevention Plan (SPPPj A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site 32 Total Maximum Daily Load (TMDL,) TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant A list of approved TMDLs for the state of North Carolina can be found at http.aportal.ncdenr.orE,/web/wq/12s/mtu/tmdl 33 Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act 34 Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling lubrication, vehicle cleaning operations, or airport deicing operations 35 Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye 36 Z5-year, 24 hour Storm Event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years Part IV Page 4 of 4