Loading...
HomeMy WebLinkAboutNCG190043_COMPLETE FILE - HISTORICAL_20121120STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. IV CC I R D�3 DOC TYPE P9• HISTORICAL FILE 0 MONITORING REPORTS DOC DATE ❑ a0l a N � b YYYYMMDD 7 KCDEHR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director ECEIV 1S cretary November 20, 2012 NOV 2 0 2012 Victor Byrd BY: Carolina Yacht Harbor Inc PO Box 1304 Wrightsville Beach, NC 28480 Subject: NPDES Stormwater Permit Coverage Renewal Carolina Yacht Harbor Inc COC Number NCG 190043 New Hanover County Dear Permittee: In response to your renewal application for continued coverage under Stormwater General Permit NCG 190043 April 16, 2012, the Division of Water Quality (DWQ) is forwarding herewith the reissued Certificate of Coverage and stormwater General Permit. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated October 15, 2007 (or as subsequently amended.) The following information is included with your permit package: • A new Certificate of Coverage • A copy of the stormwater General Permit • A copy of a Technical Bulletin for the General Permit 0 Copies of the Discharge Monitoring Report (DMR) Form • Copies of the Annual Discharge Monitoring Report Form (if applicable) • Copies of the Qualitative Monitoring Report Form The General Permit authorizes discharges of stormwater only, and it specifies your obligations with respect to stormwater discharge controls, management, monitoring, and record keeping. Please review the new permit to familiarize yourself with all changes in the reissued permit. Significant changes to the General Permit are outlined in the attached Technical Bulletin. Your coverage under the General Permit is transferable only through the specific action of DWQ. This permit does not affect the legal requirements to obtain other permits which may be required by DENR, nor does it relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carotina 27604 Phone: 919-807.63001 FAX: 919-607-64921 Customer Service: 1.877-623.6748 Internet: vrwvr.ncwate!Uvalitv.org One NorthCarolina An Equal opppdunlAt �iytrmabveAclion Employer �aturar yy If you have any questions regarding this permit package please contact the DWQ Stormwater Permitting Unit at 919-807-6300. Sincerely, ORIGINAL SIGNED W KEN PICKLE for Charles Wakild, P.E. cc: DWQ Central Files Stormwater Permitting Unit Files Wilmington Regional Office, Surface Water Protection Section Supervisor STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG 190000 CERTIFICATE OF COVERAGE No. NCG190043 STORMWATER AND MINE DEWATERING 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, Carolina Yacht Harbor Inc is hereby authorized to discharge stormwater from a facility located at: Carolina Yacht Harbor Inc 1322 Arlie Rd Wilmington New Hanover County to receiving waters designated as the Wrightsville Recreation Area , class SB#, waterbody in the Cape Fear River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III, IV, V, and VI of the General Permit as attached. This certificate of coverage shall become effective November 20, 2012. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day November 20, 2012. ORIGINAL SIGNED 131 KEN PICKLE for Charles Wakild, F.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Coverage Renewal Application Form 6 0 �wA18, National Pollutant Discharge Elimination System ° Stormwater Discharge Permit a Permit Number NCC 190043 The following is the owner affiliation information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation Information * Reissued Permil will be mailed to the owner address Owner / Organization Name: Carolina Yacht Harbor Inc Owner Contact: Victor Byrd Mailing Address: PO Box 1304 Wrightsville Beach. NC 28480-1304 Phone Number: (910)256-5573 Fax Number: E-mail address: Facility/Permit Contact Information Ifthere has been any change to your facility/ permit contact information, please indicate updates in the space provided below. Facility Name: Facility Phvsical Address: Facility Contact: Mailing Address: Phone Number: Fax Number: E-maif address: Impaired Waters/Ti11DL Does this facility discharge to waters listed as impaired or waters with a finalized TVIDL? ❑ Yes Gel No ❑ Don't Know (For it formation on these waters refer to Irttp://h2o.e�rr.staie.nc.ztslsu/lnipaired ft olers_7',IIDLI ) CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature Print or type name of person signing above Please return this completed renetival�y¢�i�}c}t APR 1 6 2012 Date / Zr '� , 2 — PrIE5 r D e M T Title Stormwater Permitting Unit Attn: Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 ALVI-KAJ NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Victor Byrd Carolina Yacht Harbor Inc PO Box 1304 Wrightsville Beach, NC 28480-1304 Dear Permtttee: Division of Water Quality Charles Wakild, P.E. Dire0or April 2, 2012 Subject: NPDES Stormwater Permit Coverage Renewal Carolina Yacht Harbor - Airlie Rd � ei'illii i14ulliber i"'CG I iwv-''ram New Hanover County Dee Freeman Secretary Your facility was covered for stormwater discharge under NPDES Permit NCG190043, however, this permit expired on 8/31/1999. To assure consideration for continuing coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. Enclosed you will find a permit Renewal Application Form, Supplemental Information request, and a Stormwater Pollution Prevention Plan Certification for your facility. Filing the application form along with the requested supplemental information will constitute your application for renewal of this permit. . 'The application and supplemental information must be completed and returned to DWQ by May 15, 2012. Failure to request renewal within this time period will result in the inactivation of your expired permit in our system. Discharge of stormwater without coverage under a valid stormwater NPDES permit constitutes a violation of N.C. General Statute 143-215.1 and may result in the assessment of civil penalties of up to $25,000 per day. If you have any questions regarding permit renewal procedures please contact Brian Lowther of the Stormwater Permitting Unit at Brian. Lowther@ncdenr.gov or (919) 807-6368. Sincerely, b�.�tell ' Bradley Bennett, Supervisor Stormwater Permitting Unit Cc: Central Files SPU Files 1617 Mal# Service Center, Raleigh, North Carolina 27699-1617 Location:512 N. Salisbury St. Raleigh, North Carolina 27604�_ One Phone: 919-807-63001 FAX 919-807-64921 Customer Service: 1-877-623-8748 ' ' ` t` NorthCarohna Internet: www.ncwaterquality.org Naturally An Equal Opportunity 1 Affirmative Action Employer rI State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Biil Holman, Secretary Kerr T. Stevens, Director 001'r . 4 0 • 10 NCDE R" NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WATER QUALITY SECTION PERMIT NAMEIOWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Permit Number: N/C/ 11 I I lql O 1014-131 or Certificate of Coverage Nui ibei i 1. Permit holder's name: O CI / LA-W d/,► LLC- 2. Permit's signing official's name and title: (1 1p..' '4'kioe-k.45 (Pers egally responsible for permit) (Title) 3- Mailing address: p I� , �d 1� yC� City: I*► ✓; a 4 p/1-t-t— State: Zip Code: (4-9(t 6 Phone: (q/o ) Z 53� -- 396 f II. NEW OWNERINANIE INFORMATION: 1. This request for change is a result of: —❑ Change in ownership of property/company ❑ Name change only ❑ Other (please explain): 2. New owner's/operator's name (name to be put on permit 1 certificate of coverage): /S L.„r d 3. New owner'sloperator's or signing official's nan and title: ,Q c d- (Person legally responsible permit) (title) 4. Mailing address: P 0, % 3 d City: e State: Zip Code: Phone: ( 910 ) ZS� - 341 Facility Contact: S W U-239-090 t 99 PERMIT NAME / OWNERSHIP CHANGE FORM THIS APPLICATION, PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDEDWITH THE SUBMITTAL. REQUIRED ITEMS: ' 1. This completed application 2. Legal documentation of the transfer of ownership (such as a contract, deed, articles of incorporation) Certification must be completed and signed by both the current permit holder and the new applicant in the case of change of ownership. For name change only, complete and sign the application certification. Current Permittee's Certification: I, �hi .C��'attest that this application for namelownep change h s een reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts o is application are not completed and that if all required supporting information and attachments are "included, this�appli • -lon ackage will be returned as incomplete. Si Applicant's Certification: Date: at&, 10 / I, attest that this application for a name/ownership change has ee reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this plication ar ompleted and that if all required supporting information and attachments are included, this a i n pa age will be returned as incomplete. Signature: Date: a' / > LO THE CQMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: CP Stormwater and General Permits Unit Division of Water Quality 161.7 Mail Ser;•:Lc Center Raleigh, North Carolina 27699-1617 S WU-239-06 l 999 r AUG 1e '97 11:03AI�l IIARSHALL'ld&G�A'rT'�'6 910/343 8604 P.2 AUG ADMITTED Tr ' BOOK PACE DAY of.. /7 . MARY su REGISM I. NEW 26NOVBR CNTY NC 06/13/97 NEW HMOVEb FY $1.00 ' 4TaTi ^� heal Estate �p ExchW Tax Excise Tax Recording Time, Eook and Page Tax Lot No. ....RO.S.7'0.0.-.0.0.3.-o.Q3,f1QO......... ... ............. parcel Identifier No............,,..................................................... .,,. Verified by ................................................ ................... County on the . day of ........ I"...... .... 1. ...., 191,..1,,1... by.............................................. ........................ ............ ...,.... ... ............. ....., Mail after recording to .....C,ROCKER.'. S ..LAN©TNG...ASSOCIATION.,,,,, INC.■.. P.O. Box 13.0.4.�,.,Wx.�gk�tsvill.g ,ae G :,..,N...a.9.4.�Q............................. This instrument was prepared by / .•MARS.HALL,.. ,W,ILLIAMS &.. GORHAM,, - LLP Brief description for the laser CLOCKER' S LANDING PROPERTY ' 00t. 55 NORTH CA.ROLINA GENERAL WARRANTY DEED THIS DIED made this .13th...... day of .•• .................Jung GRANTOR CROCKER'S LANDING, L.L.C. (a North Carolina limited liability company) I.— ... ... I.... 1, 19..97 by and between GRANTEE CROCKER"S. LANDING ASSOCIATION, INC. (a North Carolina nonprofit corporation) Enter in appropriate block for eseh party: name, address, and, if appropriate, character of entity, e,a, oorperation or partnership, The deeignatian Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall Include singular, plural, msaeullne, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in tee supple, all tnat certain lot or parcel of land eltuated in ftX3tbFXA ................. . .... ....... ............ 1..... I—, ........... .Harnett „ Township, ,,,• ....... NOW .. 44nvlr....... County, North Carolina and more particularly described as follows: All of that certain real property shown on a plat entitled "Map of Survey of Croaker's Landing Association, Inc." recorded in Map Book 37, Page 16, in the New Hanover County Registry. Together with all improvements and appurtenances thereto, including without limitation that certain boat docking facility depicted on said plat, including all walkways, docks, floating docks, pilings, and other appurtenances thereto, and together with all permits and approvals pursuant to which said facility exists. N, , 6nr ASSOc. Porm 40.3 g 1976, Rov;tcd (V 1971 —p qwh<„w, �., r• e,. rr,we►,rrai.,N,C.,rafe � 'y`'" rJ SIG 19 ' 97 11- 06AM MARSHALL' H&G, ATTYS 910/343 8604 P . 3 BOOK 2 19 6 PAGE 0118 The property hereinabove described was acquired by Grantor by Instrument recorded in ,Book.. 1B.8.1.,, .P.age..G9,EU,, in the New Hanover County Registry A map showing the above described property is recorded in Plat Book ......37......... .... I ... _.. page .....,,,1.�............ TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persona whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: See EXHIBIT A — EXCEPTIONS attached hereto and incorporated by reference IN WITNESS WHEREOF, the Otantor has herconto set hit hand and real, or it corporate, has caused this Irlitropielot to be ri nod Ln Its corporate name by its duly authorised officats and its seat to be hereunto affixed by authority of its Hoard of Directors, the dAy ati7 year first abeve written. .--......- ----- (CorporateName)Corporate Name) ---- r`pl''V----------------------------------------------------------- ----------------------------President ATTEST; ___....... _----------------- secretary (Corporate Seal) CROCKER' S _LANI��NGL.L._C=_.............. (SEAL) 0ange M , �C-------------------------------------- ------(SEAL) to �4 ----.....-•------------------------------- -----------------(REAL) SEAL-STAM.g____ NORTH CAROLINA...... New_ Hanover_________Couhty. E I, % Notary Public of the County and state aforesaid, certify that -_ NEWLAND__K� _ Mana1o._o_.�R4�KtR'._e�Qr�H�r+��lrC,r---------- ----------------------- ------------- my araatof, personallr appeared before me this say �Rhyd, +cknowlaA6e4 the execution of the forepolnS tnatrumenC, tt'ttae+a my hand And official stamp of seal, this �3 -... day of ___ ,-..June I' - . commicston expires: O t .C�Q _. 1_�,!d'-�'______ v`: T �,+. _ notary Public NORTH CAROLINA.------------ ------------------County, 1, a Notary Public of the County and state arore4old, certify that ------------------------------------------ ar personally cane before me this day and acknowledged that _._. he la .......................... Sccretery of .ri .------------------------------------------------------ a North Carollnit corporation, and Mytt by authority duly given and as the Act of the corporatiou, the forerein= Instrument was elaned in Its Dams by us ............... $ president, sealed with its corporate teal and attested by .---------- al its ___ ------- _----------------- seeretary• Witricss my hand and official stamp of seal, this -- -_-day or --------------------------- 19... ._-._. stycommission expiteti------------------------------ ------------------------- ......... . Notary rul)ue The foregolna CertlflcAte(s) of ______ Dede_ � tint a notary public ---------------------------- ------ -------------------------- to/ate certified to be correct. This instrument And this certificate are duly registered at the date and time and in the Book and Pare shown on the lirst pate herpes, ........ MARY _ UE_ OOTS_------...-----------------------REGISTER aF DEEDS FOR ....... NEW.HANQy��++--.._._ •a' .COUNTY By ..............................------------ Depittylhss4eeResti— Reg tote t of Deeds Permit No. NCG1.9D000 S'I'A I:" 0 F N0RTI I CAR01.1NA I)FTARTMENT OF ENViRONNIFNT AND NATUIZAI. RESOURCES DIVISION OF I:.NERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT NO. NCG190000 TO DISCIIARGI? S"TOLZNIWA'I'E1� UNDER THE NATIONA[. POE.Lt1'['AN'I' D15CE[ARGEi ELIMINATION SYSTEM For establishments primarily engaged in: Marinas 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 l.nvironmental Management Commission and the Federal Water Pollution Control Act, as amended, this perrnit is hereby issued to all owners or operators, hereafter permiLtees, 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 Caroline or separate storm sewer systems conveying stormwater 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 storrnwater point source discharges associated with establishments primarily engaged in operating Marinas f standard industrial classification [SIC] 44931 including activities such as renting boat slips and storing boats, and generally perform other services including cleaning and incidental boat repair, and Ship and Boat Building and Repairing [SIC 373 1; ♦ Storrnwater point source discharges from like industrial activities deemed by The Division of Encrgy, Mineral, and band Resources (DEMLR) to be similar to these operations in the process, or the discharges, or the exposure of raw materials, intermediate products, by-products, final products, or waste materials. Coverage under this General Permit does not authorize discharges at the facility containing waste streams including, but not limited to, bilge and ballast water, cooling water, sanitary wastes, power and hand washing, blasting, sanding, and fish cleaning stations. A separate wastewater permit may he required for these and other similar wastewater discharges. The General Permit shall become effective on Tune 2, 2015. The General Permitshall expire at. midnight on May 31,_2020, Signed this 2nd day of une 201.5. Ori inal sir ned by William F. Vinson, Jr. for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral, and Land Resources By the Authority of the E:nvironrncntal Management Commission Permit No. NCG'190000 TABLE OF CONTENTS PART I INTRODUCl'ION Section A: General Permit Coverage: Section 13: Permitted Activities PART I1 MONITORING, CONTROLS, AND LIMITATIONS I�OR PERMITfI3D DISCHARGE'S Section A: Stormwater Pollution Prevention Plan Section 13: Analytical Monitoring Requirements Section' C: Qualitative Monitoring Requirements PART III STANDARD CONDITIONS FOR NPI)ES STORMWAT R GENERAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability S. Oil and I lazardous Substance Liability 6. Property Rights 7. Seven, bility 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 R: General Conditions 1. General Permit Expiration 2. Transfers 3. When an Individual Permit May he Required 9. When an Individual Permit May he Requested S. Signatory Requirements 6. General Permit Modification, Revocation and Reissuance, or Termination 7. Certificate of Coverage Actions 13. Annual Administering and Compliance Monitoring Fee Requirements u Section C: Operation and Ivlaintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce not. a Defense 3. Bypassing of Storrnwater Control Facilities Section D: Monitoring and Records 1, Representative Sampling 2, Recording Results 3. Flow Measurements 4. "Test Procedures S. Representative Outfall 6, Records Retentinn 7. Inspection and Entry Section I.,: 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 1)1:F[NITI0NS Permit. No. NCG190000 w Permit No. NCG190000 PART 1 INTRODUCTION SECTION A: GENERAL PERMIT COVERAGE All persons desiring to be covered by this General Permit mast register with the Division of Energy, Mineral, and Land Resources by the filing of a Notice of Intent (NOI) and applicable fees. '1'he NOI shall be submitted and a certificate of coverage issued prior to any discharge of stormwater associated with industrial activity that has a point source discharge 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 NPI)F.S procedures in 15A NCAC 214 .0100, stating the reasons supporting the request. Any application for an individual permit: should he made at least 180 days prior to commencement of discharge. "I'his General Permit: does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has [icon 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 NI'I)ES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion from permitting must: submit a No Exposure Certification NOI 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 (1'MD1.) for pollutants for stormwater discharges is established. A'I'MDi. sets a pollutant: -loading limit that affects a watershed, or portion ora watershed, draining to an impaired water. For stormwater discharges to watersheds affected by a TMDL, coverage under this permit may depend on the facility demonstrating it does not have reasonahle potential to violate applicable water quality standards for those pollutants as a result of discharges. If the Division determines that discharges have reasonable potential to cause water quality standard violations, the facility shall apply for an individual permit 1 HO 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 pe:rmittee must identify impaired waters (scheduled for'FMDI, development) and waters already subject to a'1'MDL. in the Site Overview, as outlined in the Stormwater Pollution Prevention Plan (SPPP), Part 11, Section A.1, A list of approved "1'MIA's for the state of North Carolina can be found at http:llportal.ncdenr.orgf web/wglns/into/thndl. Part l Page 1 of 2 Permit No. NC(;'] 90000 SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge storMWaCer to the surface waters of North Carolina or separate storm sewer system which has been treated and managed in accordance with the terms and conditions of this General Permit and the requirements of the permittee's Certificate of Coverage (COC). The permittee's COC is hereby incorporated by reference into this General Permit. Any violation of the COC is a violation of this General Perrnit: and subject to enforcement action as provided in the 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 stormwater discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. This General Permit does not authorize discharges determined by the Division to he wastewaters. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part l Page 2 of 2 Permit No. NCG 190000 PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A; STORMWATER POLLUTION PREVENTION PLAN The pertnittee shall develop and implement a Storrnwater Pollution Prevention Plan (SPPP). The SPPP shall he, maintained on site unless exempted from this requirement by the Division. The SPPP is public information in accordance with Part 111, 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 shalt 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 narne 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 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 dra%vn at a scale sufficient to clearly depict: the site property boundary; the st.orrn water 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; all drainage features and structures; drainage area boundaries and total contributing area for each out:fall; direction of flow in each drainage area; industrial activities occurring in each drainage area, - buildings; stormwater Best Management Practices (13MPs); 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. In addition, the following industrial activity areas must also be identified on the site map: fueling, engine maintenance and repair, vessel maintenance and repair, washing, painting, sanding, blasting, welding, and metal fabrication. (d) Il 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- st.orin water discharges. The permitter shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Ifnon- st.orrnivater dischorges are present; the permit:tee shall identify the source and record whether Part II Page 1 of 10 Permit No, NCG190000 the discharge is otherwise permitted (by rule or a different permit). The perrnittee shall evaluate the environmental significance of the non-stormwater discharges and include a summary written record with the certification. 'Che certification statement and summary written record shall be retained with the SPPP, and shall be dated and signed in accordance with the requirements found in Part III, Section B, paragraph S, Stormwater Management Strategy. The Stormwatcr 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 runoff flows. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations, In areas where elirnination of exposure is not practical, this review shell document the feasibility of diverting the stormwater runoff 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 ank 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 convevance systems, the connection shall be controlled by manually activated valves or other similar devices, which shall he 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 he released if feund to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (5) years, I -or the purposes of effective stormwater pollution prevention the SPP1' is intended to be broader and more comprehensive than a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC). For facilities subject to a federal SPCC plan, any portion of the federal 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 (13MPs) 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 stormcvater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site I3MPs. '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 SITP shall he identified in a written list incorporated into the SPRY and signed and dated by each individual Part 11 Page 2 of 10 Permit No. NCG190000 acknowledging their responsibilities for the procedures. A responsible person shall be on -site at all times during facility operations that have increased potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. "Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRI'. The common element's of the SPCC. with the SPRP may be incorporated by reference into the SI'R1'. d. Solvent Management Plan. The Solvent Management Plan shall be incorporated as a separate Chapter into the Stormwater Pollution Prevention flan (SPIT). The SolventManagement Plan shall include an annually updated and quantified inventory of the solvent's present on site during; the previous three years; a narrative description of the facility locations and uses of the solvents, the method of disposal including quantities disposed on -site and off -site; and the management procedures and engineering measures for assuring that solvents do not spill or leak into stormwater. If solvents are not: stored or used onsite, then the owner must certify that in the SHIP. DE'MLR may at its discretion require submittal, review, and approval of the Solvent Management Plan. The discharger shall include the following signed certification statement on each discharge monitoring report: "Based upon my inquiry of the person or persons directly responsible for managing compliance with the permit requirement for managing solvents, I certify that to the best of my knowledge and belief, no leak, spill, or dumping of concentrated solvents into the stormwater or onto areas which are exposed to rainfall or stormwater runoff has occurred since filing the last discharge monitoring report. I further certify that this facility is implementing all the provisions of the Solvent Management: Plan included in the Stormwater Pollution Prevention Plan." Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. 'I he program shall address all stormwater control systems (if applicable), stormwater discharge outfalls, all on -site and adjacent surface waters and %vetlands, 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 13MPs. '['he 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 riot: already addressed under another element of the S11111'. 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,-maintcriance, and housekeeping shall be recorded and maintained in the SPIT. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and (rood Housekeeping Program at: a minimum on a semi- annual schedule, once (luring the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). 'These facility inspections are different: from, and in addition to, the stormwater discharge characteristic monitoring at the outfalls required in Part I[ 13, C, and I) 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 annual training shall be documented by the signature and printed or type([ name of each employee trained. Additional required training items include: used oil management, spent: solvent management, disposal of spent Part 11 Page 3 of 10 Permit No. NCG190000 abrasives, disposal of vessel wastewaters, fueling procedures, sanding, painting and blasting procedures, and used battery management. B. 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. 9. SPPP Amendment and Annual Update. All aspects of the SPPP shall be reviewed on an annual basis. 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. The annual update shall include at a minimum: (a) an updated list ofsignrficantspills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred (clement of the Site Overview); (h) a written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormrvoter discharges (element of the: Site Overview); (c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs (RMP Summary element of the Stormwater Management Strategy). (d) a review and comparison ofsample analytical dut:a 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 Stormwat:er Permitting Program's wehsite (Sec 'Monitoring Dorms' here: http://portal.ncderu•.ot-g/web/ir/npcles-stormwater). The Director may notify the permittee when the SPPP sloes not rneet 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 SP1'1' to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part 111, Section 13, Paragraph 5) to the Director that: the changes have been made. 10. SPPP Implementation. The permittee shall implement the Storrnwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit., in order to control contaminants entering surface waters via stormwater. Implementation of the SPPP shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling; data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall he 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. Part 11 Page 4 of 10 Permit No. NCG 190000 SECTION Q: ANALY'rICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1 at each stormwater discharge outfall (SDO). Sampling results shall be reported as described in Part 111, Section 1, Table 1 Analytical Monitoring Requirements Discharge Characteristics Units Measurement Fre uenc 1 Sample T eZ Sample Location3 Total Suspended Solids 'rSS m L semi-annual Grab SDO Non -Polar Oil & Grease by h'J-)A Method 1664 5G7'-1IF,M mg/1., semi-annual Grab SDO Aluminum, total recoverable m = 1 semi-annual Grab SDO Copper, total recoverable to L semi-annual Grab SDO Lead, total recoverable m L semi-annual Grab SDO 'Line, total recoverable mg/L. semi-annual Grab SDO 'Total IZainfa114 inches semi-annual Rain gauge Footnotes: l Measurement Frequency: 'I'wice per year (unless other provisions of this permit require monthly sampling) during a rneasureabie storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. I€'the facility is monitoring monthly because of Tier Two nr'i'ier'1'h -cc response actions under the previous General Permit, the facility shall continue a monthly monitoring and reporting schedule in'ricr Two or'ricr'Three status until relieved by the provisions of this permit or the Division. Z Grab samples shall be collected within the first 30 minutes of discharge. Where physical separation between outfalls prevents collecting all samples within the, first 30 minutes, the permittee shall hegin sampiing within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept on site with the S]'f'I'. d For each sampled measureable storm event, an on -site rain gauge reading must he recorded. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. All analytical monitoring; shall be performed during a measurable storm event. A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee Obtains approval from the local 1)EMLR Regional Office. .See Definitions. Part I I Page 5 o1' 10 Pages Permit No. ,NCG 190000 The permittee shall complete the analytical samplings in accordance with the schedule specified in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under other requirements of this permit. Table 2 Monitorin Schedule Monitoring periodl,z Sample Number Start End Year 1 - Period 1 1 July 1, 2015 December 31., 2015 Year 1- Period 2 2 January 1, 2016 June 30, 2016 Year 2 - Period 1 3 July 1, 2016 December 31, 2016 Year 2- Period 2 d January'], 2017 June 30, 20-17 Year 3 - Period 1 5 July 1, 2017 December 31, 2017 Year 3 - Period 2 6 January 1, 201.8 june 30, 2018 Year 4 - Period 1 7 July 1, 2018 December 31, 2018 Year 4 - Period 2 8 January 1, 2019 June 30, 20-19 Year 5 -- Period 1 9 July -1, 20-19 December 31., 2019 Year 5 - Period 2 10 January 1, 2020 play 31, 2020 Footnotes: 1 Maintain semi-annual monitoring during; permit. reticwal process. 1f at the exl)irat.ion of the general permit, the permittee has submitted an application for renewal of coverage before the submittal deadline, the permittee will be considered for renewed coverage. The applicant must continue semi- annual monitoring until the renewed Certificate of Coverage is issued. 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. In all cases, the permittec shall report the analytical results from the first sample with valid results within the monitoring period. The permittee shall compare those results to the benchmark values in Table 3 or Table 4. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater !lest Management Practices (13MI's) in a tiered program. Table.3 Freshwater Benchmark Values for Analytical Monitoring Requirements Discharge Characteristics Benchmark Value TS5 100 m L 'FSS HQW, Olm''frout Ll r , and PNA waters 50 m L Non -Polar Oil & Grease Py ETA Method 1664 SGT-11EM '15 rn L Aluminum, total recoverable 0.75 rn 1 Copper, total recoverable 0.010 m 7 1. Lead, total recoverable 0.075 mg 1. Zinc, total recoverable 0.126 rn g1. ' Part I1 Page 6 of '10 Pages Permit No. NCG190000 Table 4 Saltwater Benchmark Values for Analytical Monitoring Requirements Discharge Characteristics Benchmark Value Tss 100 m = L '1'S5 11(�W, OIm"Frout (Tr), and PNA waters) 50 m 1. Non -Polar Oil & Grease by EPA Method 1664 5CT-HEM) 'IS m = L Aluminum, total recoverable 0.75 mg/1 Copper, total recoverable 0.005 m = 1. Lead, total recoverable 0.220 m = 1. "Zinc, total recoverable 0.095 m 1. The benchmark values in Table 3 and Table 4 are not enforceable permit limits. An exceedance of a stormwater benchmark value is rota permit violation; however, failure to respond to the exceedances .is outlined in this permit is a violation of perrnit conditions. The benchmarks are intended to reduce polluted discharges by triggering the permittee's required response actions under Ticrs One, Two, and 'l'hree. See below the descriptions ofTiers One,'I'wo, and Three response actions. Tier One If - The first valid sampling results are above a benchmark value for any parameter at any outfall; Then: The permitter; shall: 1. Conduct a stormwater management inspection within two weeks of receiving the sample results. 2. Identify and evaluate possible causes of the benchmark value exceedance. :3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern. 4. Implement the selected feasible actions within two months of the inspection. 5. Record each instance of a Tier One response in the SI'PP. Include the date and value of the benchmark exceedance, the inspection date, the personnel conducting the inspection, the selected feasible actions, and the date the selected feasible actions were implemented. 6. Note: I:xceedances fora different parameter separately trigger the tiered response requirements. Part II Page 7 of 1.0 Pages Permit No. NCG 190000 Tier Two If: The first valid sampling results from two consecutive monitoring periods are above the benchmark values for any specific parameter at a specific discharge outfall; Then: The permittee shall: 1. Repeat all the required actions outlined above in 'tier One. 2. Immediately institute monthly monitoring and reporting for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analyl.lcal and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values. 3. I€'no discharge Occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No ]"low" to comply with reporting requirements. 4. Alternatively, in lieu of steps 2 and 3, the permittee may exercise the option of contacting the DEMLR Regional Office Ingineer as provided below in Tier Three. The Regional Office Engineer may direct the response actions on the part of the permittee as provided in Tier Three. The permittee will he considered to he obligated under the `Pier Three provisions. 5, Maintain a record of the `Pier Two response in the SHIP, 6. Continue Tier 'l'wo response obligations throughout. the permit. COC renewal process. Tier Three If the valid sampling results required for the permit monitoring periods exceed the benchmark value for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DEMLR Regional Office. Engineer in writing within 30 days of receipt of the fourth analytical results. DEMLR may but is not limited to: • require the permittee to revise, increase, or decrease the monitoring and reporting frequency for some or all parameters, including requiring sampling of additional or substitute 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; • require the permittee implement: site modifications to qualify fora No Exposure I:?xclusion; or • re uirc the permitlee to continue Tier Three obligations throe h the ermit COC renewal process. Failure to monitor and report Der the hermit terms may result in the Division requirine monthly monitorine and reportine for all parameters for a specified time Deriod. Lack of a discharge from an outfall for the monitoring period, or inability to collect a sample because of adverse weather conditions during a monitoring period will not constitute failure to monitor, as long as those conditions are reported on the monitoring period DMIl and noted in the SPPP. (See Adverse Weather in Definitions.) Similarly, sampling is not required outside of the facility's normal operating hours. However, if a facility is inactive for an extended period of time, the permittee must request, and obtain, dormant site status from the DENIER Regional Engineer in order to he excused from sampling during the dormant period. The DEMLR letter granting dormant status must he kept. with the SPPP, and available for inspection. fart I Page 8 of 10 Pages Permit No. NCG190000 In the event: that the Division releases the permittee from continued monthly monitoring and reporting under'l'ier'I'wo or'l'icr'1'hrec, DEMI.R's release letter may remain in effect through subsequent rcissuance of this permit, unless the release letter provides for other conditions or duration. 'I'he permittee must report all results from all valid discharge samples taken during each monitoring period. However, for purposes of benchmark comparison and 'Tiered response actions, the permittee shall use the analytical results from the first sample with valid results within the monitoring period. SECTION C: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to implement a quick and inexpensive way to evaluate the effectiveness of the permittce's SPPP and to identify the potential for new sources of stormwater pollution. QuallLative monitoring of stormwater discharge outf<alls 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 as specified in Table S with each required analytical monitoring event: whether semi-annual or more frequently as may be subsequently required under'Tier'1'wo,'1'ier'I'hree, or per the Qualitative Monitoring Response requirements bolow. Inability to monitor because of adverse weather or lack of discharge during the monitoring period must be documented in the SNIP and recorded on the Qualitative Monitoring Report (see Adverse Weather in Definitions). Only sLormwater discharge outfalls (SDOs) discharging stormwater associated with industrial activity mist be monitored (See Definitions). In the event an atypical condition is noted at an SDOs, 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 Table S Qualitative Monitoring Requirements Discharge Characteristics Frequency' Monitoring Location? Color Semi -Annual SDO Oder Semi -Annual Sl)0 Claris Semi -Annual SDO Floating Solids Semi -Annual S00 Suspended Solids Semi -Annual Sl)0 loam Semi -Annual SDO Oil Sheen Semi -Annual SDO I::rosion or de osition at the outfall Semi -Annual SDO Other obvious indicators of stormwater pollution Semi -Annual SDO Part II Page 9 of 10 Pages Permit No. NCG 190000 Footnotes: I monitoring Frequency: Twice per year (unless other provisions of this permit prompt other frequency) during a ineasureable storm event. See Table 2 for schedule of monitoring periods. The permittee must continue qualitative monitoring throughout the permit renewal process. Z Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) associated with industrial activity, regardless of representative outfall status (ROS). A minimum of 60 days must separate monitoring dates, unless addit.ionalsampling has been instituted as part of other analytical monitoring requirements in this permit. If the permittec's qualitative monitoring indicates that existing stormwater 13M1's 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 (he Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation, and response actions shall he kept. in the SPPP. Qualitative Monitoring Response Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying the potential for new sources of stormwater pollution, and prompting the permitt:ee's response to pollution, If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, DEMLR may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for some or all parameters (analytical or qualitative); • require the permit -tee 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 10 of 10 Pages Permit No. NCO190000 PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMIT'S SECTION A: COMPLIANCE.. AND LIABILITY 1. Cr_ mnlianc.e Schedule The permittee 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 be 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 fart 11, Section A, Paragraph 2(b) of this general permit, shall he accomplished within 12 month~ 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 h , developed and implemented prior to the heginning of discharges from the operation of the industrial activity anti he updated thereafter on an annual basis. Secondary containment, as specified in Part 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 permitted 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 anal Updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Paragraph 2(b) of this general permit shall he :iccornplished prior to the beginning of discharges from the operation of t}te industrial activity. Z. Duty to Comply The permittee 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 140 CPR 122.411. a. The perm ittee shall comply with standards or prohibitions established under section 307(a) of the CLNA 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. [40 UR 122.411. b, The CWA provides that any person who violates scction[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 1102, 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 riot to exceed $37,500 per day for each violation 133 f1SC 1.319(d) and 40 CFR 1.22.41(a)(2)1. 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 isscic:d under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or402(b)(8) of the Act; is subject to criminal penalties of $2,500 to $25,006 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 Pages Permit ,No. NCG 190000 d. subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than Z years, or both [33 USC 1319(c)(1) and 10 CI;R 122.41(a)(2)[. e. 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 $ L00,000 per day of violation, or imprisonment of not more than 6 years, or bath [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 lie thereby places another person in imminent danger of (loath or serious bodily injury, shall, upon conviction, be subject to a fine of not more than n250,000 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)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions 140 CFR 122.41(a)(2)]. g. 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 § 1,13-215.6A[. 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 537,500. Penalties for (:lass 11 violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed 5177,500. 133 USC '1319(g)(2) and 40 CFR 122.41(a)(3)1. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent 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)]. Civil and Criminal Liability Except as provided in Part 111, Section C of this general permit regarding bypassing of storniwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Ilazardous 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, Iiabilities, 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 1 -121. Part III Page 2 of 10 Pages Permit No. NCG 190000 Property Rights The issuance of this general permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [10 CFR 122.41 (g)]. Severability The provisions of this general permit are severable, ant.] if any provision of this general permit, or the application oi'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 he affected thereby [NCGS 15OB-231. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the general permit issued pursuant to this general permit or to determine compliance with this general permit. The permit.tee shall also furnish to the Permit Issuing Authority upon request:, copies of records required to he kept by this general permit 140 CFR 1 22.41(h) [. 9. Penalties for tampering The Clean Water Act provides that anv person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this general permit shall, upon conviction, he 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 S20,000 per day of violation, or by imprisonment of not: more than 4 years, or both [40 CFR 122.411. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this 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 140 CPR 122,411. 11. Onshore or Offshore Construction This general pertnit does not authorize or approve the const:nrctian of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. Duty to Rearsnly Dischargers covered by this general permit need not submit a new Notice of Intent (NO]) or renewal request unless so directed by the Division. If the Division chooses not to renew this general permit, the perrnittee will be notified to submit an application for an individual permit [1 SA NCAC 0211 .0127(c)]. SECTION B: GENERAL CONDITIONS General Permit: Expiration General permits will be effective for a germ 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 Part III Page 3 of 10 Pages Permit No. NCG 190000 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 z-enewed gull uraI per rnit 115A NCAC 021.1 .0127(e)J. Transfers This general permit is not transferable to any person withot.rt prior written notice to and approval from the Director it) accordance with 40 CFR 122.61. The Director may c-ondil.ion approval in accordance with NCGS 143-21SA, in particular NCGS 143-215.1(b)(4)1).2.,and may require mortification or revocation and reissuance of the Certificate of Coverage, or a minor modification, to identify the new permit.tee and incorporate such other requirements as may be necessary under the CWA [10 CFR 122.41(1)(3), 122,611 or state statute. The f'ermittee 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 may he required include, hut. 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; C. 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. 4. When an Individual Permit May be Requested Any permittee operating under this general permit may request to he 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 arttomatically 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 140 CFR 122.41(k)1. 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 fart III Page 4 of 10 Pages Permit -lo. NCG 190000 and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or [3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR '1.22,221. h. All reports 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) "rhe 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 narned position.); and (3) The written authorisation is submitted to the Permit Issuing Authority 140 CFR 1.22.221, 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 he submitted to the Dircctor prior to or together with any reports, information, or applications to be signed by an authorized representative 140 CFR 122.22I d, Certification. Any person signing a document under paragraphs a. or b. of this section, or submitting an electronic report (e.g., eDMR), shall make the following certification 140 CFR 122,221. NO OTHER STATEMENTS OF ClRTIF1CATION WILL BE ACCEPTED: "! certify, under penalty of law, that: this document and ail attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Bused on my inquiry of the person or persons who manage the system, or those persons directly responsible for guthering 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 forsubmit.ting false information, including the possibility off nes and imprisonment for knowing violations." e. Electronic Reports. The Permit Issuing Authority may require the perrnittee to begin reporting monitoring data electronically during the term of this permit. The permittee may be required to use North Carolina's Electronic Discharge Monitoring Report (eDMR) internet application for that purpose. For eDMR submissions, the person signing and submitting the eDMR must: obtain an eDMR user account and login credentials to access the eDMR systern. All electronic reports (e.g., eDMRs) submitted to the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person as described in paragraph b. A person, and not a position, must be delegated signatory authority for eDMR or other electronic reporting purposes. 6. General Permit Modification Revocation and Reissuance or Ter ination 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 Part III Page 5 of 10 Pages Permit No. N'CG 190000 Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter ZI I .0100; and North Carolina General 5t.atute 143-215.1 eta]. 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 rerssuance, or termination does not stay any general permit condition. The Certificate of Coverage shall expire when the general permit is terminated. Certificate ofCoverage Actions Coverage under the general permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance (toes not stay any general permit condition [40 CFR 122.41(01. S. Annual Administering and Compliance Monitoring Fee Requirements The permittee must pay the administering and compliance monitoring fee Lvithin 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 211 .0105(b)(2) may cause this Division to intt.iate 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 perrnittcc only when the operation is necessary to achieve compliance with the conditions of this permit 140 CFR 122,41(e)l. Need to I Ialt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit [40 CFR 122.41(c)1. Bypassing of 5tormwater Control FaCilit:ie5 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. `]'here were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwatcr, or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have heen 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 111, 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. Part Ill Page 6 of 10 Pages Permit No. NCG190000 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 he performed during a measureable storm event. Samples shall be taken on a (Jay and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste strearn, hody of water, or substance. Monitoring; points as specified in this general permit: shall not be changed without notification to anti approval of ehc Permit: Issuing Authority 140 CFR 122.41(j)]. 2. Recording Results Results For each measurement or sample taken pursuant to the requirements of this general permit, the permittee shall record the following information 140 CFR 122.41j: a. The (late, exact place, and time of sampling or measurements; 1). The individual(s) who performed the sampling; or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Blow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific: prar.tices shall he selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 'Pest Procedures 'Pest procedures for the analysis of pollutants shall conform to the FMC 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 P0111Ition 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 mininiurn detection or lower repotting level of the procedure. If no approved methods are determined capable of achieving nrininrum 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. S. Renresentative Out.fali if a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. if it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then analytical sampling requirements may be performed at a reduced number of out:falls. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the St:orrnwater Pollution Prevention Plan (SPPP). Copies of analytical monitoring results shall also be maintained on -site. The perrittee shall retain records ofall monitoring information, including ParC III Page 7 of 10 Pages Purinit No, NCG 190000 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, including Discharge Monitoring Reports (DMRs) and cDMR or other electronic DNIR report. submissions. o copies of all data used to complete the Notice of Intent to he covered by this general permit. These records or copies shall he maintained for a period of at least. 5 years from the date of the sample, measurement, report or Notice of Intent (NO[) application. This period may be extended by request of the Director at any time 140 CFR 122.411. Inspection and Entry The permittee sha[l 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 Lhrough a municipal separate storm server 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 he required by late, to: a. Enter upon the permittcc'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 he 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(i)1. SECTION E; REPORTING REQUIREMENTS Dischari c Monitoring Reports Samples analyzed in accordance with the terms of Lhis general permit shall be submitted to the Division on Discharge Monitoring Report (DIMR) forms provided by the Director or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., cl)MR). DMR forms are available on the Division's website Chttl:IlportaI.ncdenr.oi-/,, web/Ir/npdes-stormwater#tab-3). Regardless of the submission method (paper or electronic), suhmiltals shall be delivered to the Division, or appropriate authority, 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 report, within 30 clays of the end of the specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC `l'1.5A 02B ,0506. if the permittee 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. Part Ill Page 8 of 10 Pages Per:nit No. NCG 190000 The perrnittee 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 DFMLR's specific requirement to do so. Qualitative Monitoring Report forms are available at. the website above. Suhmittini, Reports Two signed copies of Discharge Monitoring Reports (DMus) shall be submitted to: Central Files Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-161.7 Visual monitoring results should not: be submitted to the Division unless specifically requested. Blank DriMR forms, Annual Summary DN'�1R forms, and visual monitoring forms are :available at: the websitc of the Division's Stormwater Permitting Program: htt : iortal.ncdenr.or web lr n des-stormwater The Permit Issuing Authority may require the perrnittee to begin reporting monitoring data electronically during the term of this permit. The permittee may be required to use North Carolina's eDMR internet application for that purpose. Until such time that the state's eDMR application is compliant with LTA's Cross -Media Electronic Reporting Regulation (CROMIERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will he required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the address above. Availability of Reports Except for d,rta determined to be confidential under NCGS 143-21.5.3(a)(2) or Section 308 of the Federal Act, 33 USC 131 8,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 143-21.5.613 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- storrnwater discharge, the permittee shall separately monitor all parameters as required under all other appIicahIe discharge permits and provide this information with the stormwater discharge monitoring report. Planned Changes 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 122.11 (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). Part III Page 9 of 10 Pages Permit No. NCG 190000 Anticipated Noncompliance The perrnittee shall give advance notice to the Director of any planned chatiges at the permitted facility which may result in noncompliance with the general permit 140 CFR 122.41(1)(2)1. Spills The permittee shalt report to the local !)EMLR Regional Office, within 24 hours, all significant spills as defined in ['art 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)j: 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 dale of the bypass; including an evaluation of the anticipated quality and affect of the bypass. h. 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 140 CFR 122.41 (1)(6)J. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 10, Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at. the time monitoring reports are submitted [40 CFR 122A1(1)(7)]. 11. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent (NO]) to be covered under this general permit, or submitted incorrect information in that N01 application or in any report to the Director, it shall promptly submit such f;1CLS or information [40 CFR 122.41(1)(13)]. Part III Page 1.0 of 10 Pages PART IV DEFINITIONS Act See Clean Water Act, Permit No. NCG 190000 Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee rnust 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 SI'E'P 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 he explained and reported on the relevant DMk. Allowable Non-Stormwater Discharges This general permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system include: a. All other discharges that are authorized by a non-st:orniwater NITES 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. h. Best ManagemenL Practices MM1's Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may Lake the form of a process, activity, or physical structure. More information on BMPs can be found at: http:j/www2.etia.gov%water-research lbest-management-practices-hmps-siting-tool . 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 [node for the facility. 6. Bulk Storage of Liquid Materials Liquid raw materials, in -process liquids an(] reactants, manufactured products, waste materials or. by-products contained in a single above ground container, tank, or vessel having a capacity of greater than 660 gallons or contained in multiple above ground containers, tanks, or vessels located in close proximity to each other having a total combined 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, localian, receiving stream, river basin, effective date of coverage under the general permitand is signed by the Director. 8. Clean Water Act The federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251., et. soil. 9. Division or DEMLR The Division of Energy, Mineral, and land Resources, Department of Environment an(] Natural Resources. Part IV Page 1 of Pages 1'erinit No. NCG 190000 10, Director The Director of the Division of f:nergy, Mineral, and Land Resources, the permit issuing authority. 11. f:MC The North Carolina Environmental Management Commission, 12, Grab Sample An individual sample collected instantaneously. Grab samples that will he analyzed (quantitatively or qualitatively) should be taken within the first 30 minutes of discharge. 13. hazardous Substance Any substance designated under 40 CPR 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. IS. 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 riot apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and ohtains approval from the local DEMI.R Regional Office. Two copies of this information and a written request letter shall be sent to the local DEM LR Regional Office, After authorization by the DEM1.R Regional Office, a written approval letter must be kept. on site in the permittec's SPPI'. 16. Municipal Separate Storm Sewer System (MS4] A stormwater collection system located 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, snowmclt, 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. DENILR may grant a No Exposure Exclusion from NPDE,S stormwater permitting requirements only if a facility complies with t.hc terms and conditions described in 40 CER §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 Energy, Mineral, and Land Resources (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 tc waters of the st.at:e. Part IV Page 2 of 4 Pages Permit No. NCG 190000 22, Representative Outfall Status Lhnccn it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges aL muItiple outfnlls, the DEM1,R may grant representative outfall status. Representative outfall status allows the permitt:ee to perform analytical monitoring at a reduced number of outfalls. 23. Rinse Water Discharge ']'hedie of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include wash waters utilizing any type of detergent or cleaning agent. 24. 5econdary.Containment Spill containment for the contents of the single largest tank within Lhe containment structure plus sufficient freeboard Lo contain the 25-year, 24-hour storm event. 25. SecLi_on 313 Water Priority Chemical A chemical or chemical category which: b. Is listed in 40 CF R 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act. (SARA) of 19136, 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 I11, Section 313 reporting requirements; and (1. Meets at least: one of the following criteria: i. Is listed in appendix 1) of 40 CF R part 122 on 'fable 11 (org,rnic priority pollutants), Table III (certain metals, cyanides, and phenols) or `fable IV (certain toxic pollutants and hazardous substances),- H. Is fisted as a hazardous substance pursuant: to section 311(h)(2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. 26. Severe Property Damage 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. 27. Significant: Materials Includes, but. is rot 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 t:he facility is required to report pursuant to section 313 of "Title Ili of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 213. Sienificant Spills Includes, but is not limited to: rele;cses of oil or hazardous substances in excess of reportable quanlities under section 311 of the Clean Water Act (Ref: 40 CUR 110.3 and 40 CFR 117.3) or section 102 of CERCI.A (Ref: 40 CFR 302.4). 29. StorrnwaterDischarge Outfall Sf ,DL)j 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 Part IV Page 3 of 4 Pages Permit No. NCG 190000 30. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 31. StortnwaterAssociated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or ratio material storage areas at an industrial site. facilities considered to be engaged in "industrial activities" include those activities defined in 4-0 CPR 122.26(h)(14), The term does not include discharges from facilities or activities excluded from the Nf US program. 32. Storm%vater Pollution Prevention Plan UPPU 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. 33. Total Maximum Daily Load (TMDI.) 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 hitp://poi-tal.ncdenr.org/web/wq/ps/intu/tmdl. 34, Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 35. Vehicle Maintenance Activity Vehicle or vessel rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 36. 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. 37. 25_year. 24 hour Storm Event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part IV Page 4 of 4 Pages DISCIIARGE TREATED WASHWATER TO SEH11TR SY.STIYAl A marina may be able to connect and discharge washwater directly to a sanitary sewer. "Phis requires a permit from the local sewer authority or sewage treatment plant and pretreatment (using any of the above listed methods) before disposal. 'Elie sewer authority may require regular discharge monitoring and may require a certified operator to run the treatment system. The following treatment technologies may be considered for pretreatment prior to hauling or sewer disposal: Technology Ilo►v it ►vorks and effecliveness 6,kxtrucuagulation Wastewater travels through a series of cells which apply an electrical current to the wastewater stream. 'the resulting electromotive force allows certain compounds to approach a more stable state, which for elements and compounds, is typically a solid form. The solid forms of" the contaminants are then removed by settling or filtration. E3lectrocoagulation systems remove contaminants within a range of influent pollutant concentrations. ']'his process effectively removes emulsified oils and hydrocarbons, suspended solids, and heavy metals. Filtration Nlechanically separates various pollutants froin a waste stream. Uilter media and manufacturers vary, and certain media are appropriate for particular compounds, so a marina must choose the most appropriate filter for their needs. For example, activated carbon filter media efficiently remove sediment and volatile organic compounds, but not inorganic compounds like; metals. Salts are not removed by physical filtration and will build up over time. Therefore, filter cartridges must be replaced after periods of use and may occasionally need to replace used washwater with fresh water. Chemical Chemicals are added to a waste stream to remove particular pollutants of concern through Treatment chemical or mechanical processes. i:ixamples include pl-I adjustment to neutralize wastewater, pH adjustment to facilitate the precipitation of metals or the addition of flocculants to improve settling of solids. The quantity of chernicals fed into the treatment process may change depending on the strength of pollutants entering the treatment system. Chemical treatment is generally effective; however, it can be cost prohibitive and require properly trained operators. If not recycled, the sludge can be dewatered and disposed as a solid waste following state hazardous materials laws. Biological Biological treatment uses bacteria that feed on organic materials, reducing pollutant load, Trealmeot specifically nutrients, biochemical oxygen demanding (130D) substances, and oil and grease. Biological treatment is generally used to treat sanitary waste streams and requires a constant source of organic matter and therefore may not be suitable for treatment of wash wastewater. IIAUL WASHIVATFR OFFSITE TO TREATAIL'A'T FACILITY Marinas ColiStrttet or use existing impervious areas with berms to collect washwater. A licensed wastewater hauler then removes the collecleci waste for proper disposal in a permitted treatment or disposal facility. Requires an industrial wastewater holding tank that is in compliance with state regulations; which may include constructing a berm or double wall around the tank. inlay be most cost effective for smaller yards washing few boats. CI' ASP. THE ACTIVITY l liminating the boat washing service to cease the discharge of washwater may be the easiest and most cost-effective option for some marinas. This may depend on the number of boats washed, the amount earned front boat washing or the site of the marina. Boat Bottom Washing: Regulations and Solutions Boat maintenance activities include abrasive blasting, pressure washing, hull scraping and sanding, and hull painting. 'These activities can release paint chips, paint liquids, copper, zinc, lead and a host of other contaminants into surrounding land and waters. Aquatic life may ingest heavy metals, either killing them or allowing the introduction of these contaminants into the food chain. Contaminants that settle into bottom sediments can increase the cost of dredging by making it more difficult to find a suitable disposal site for the dredged material. The Forth Carolina Division of- Water Quality identifies pressure washwater as industrial (process) wastewater. Therefore, the discharge of pressure washing wastewater to surface waters, a storm sewer, sanitary sewer, or the ground is a rcgul,sted activity requiring a permit from the NCD> NR, Division of Water Quality. State law N.C.G.S. 143-215.1 (a)(G) states that no person shall cause or permit any waste, directly or indirectly, to be discharged to waters o_f the Stale (above or below ground) in violation of water quality standards. State rule 15A NCAC 71-1.0208(b)(5)(Nt) guides the maintenance activities that take place in boatyards: "Boat maintenance areas shall be designed so that all scraping, sandblasting, and painling will be done over dry land with adequate containment devices to prevent entry of waste, materials into ac jacent waters. " All pressure wash facilities must develop a system to collect wastewater for treatment, recycling or offsite disposal, "lb meet requirements, significant pretreatment of the wastewater prior to discharge is required, regardless of the chosen discharge option (recycling, treatment or offsite disposal). All pressure washing waste water must be collected and handled in an acceptable manner. Vessels must be washed over an impervious pad that can collect all wastewater and hull cleaning over the water must be prohibited. Facilities will need to evaluate the number of boats washed (wastewater volume), site characteristics, sewer availability, Cost, staff ability and other factors before selecting one of the following options recommended by the North Carolina Division of Water Quality: RECYCLE WASHWATE R FUZZ REUSE: Recycle systems use one of the following methods to treat wastewater for reuse as washwater. The wastewater is collected without discharge through a closed loop recycle/reclamation system. Since the system is closed -loop, it does not require a discharge permit, operational permit or certification. However, a licensed hauler will have to periodically remove residual wastewater and solids. Another concern of recycling systcrns is odor, which can be controlled by recirculating water through a UV/ozone chamber when the system is not in use. Note: Qverspray must be controlled and is inchided in the wastewater- collection and management require»cents described above. This is especially important when using recycling equipment where contamination of the ground orsuiface waters may occur from spra.07g contaminated ivater. OBTAIN A SF,I'ARATE NI'DE:S I'ERi1 IT A marina may apply for a separate 1TYllLS permit from the Division of Water Quality that will authorize the marina's wastewater discharge. A marina with a separate NPDE�S permit will have to limit the mass and/or concentration of discharged pollutants, monitor discharges and submit monitoring reports. TMarinas mast pay at) annual fee based on pollutant load. ']'his is not a recommended option since water will need to have significant treatment in order to meet surface water standards. These discharging wastewater treatment systems require a licensed operator. CLEAN MARINA BEST 1VIANAGENIEN"I, PRACTI.C.ES: • Prohibit underwater bottom cleaning, hull scraping, or any in -water process that removes paint From the boat bottoms, • Designate a boat maintenance area designed to minimize pollutant spread by containing all waste and wastewater. Activities restricted to this area should include abrasive blasting, pressure washing, hull scraping and sanding, and hull painting. • Pressure -wash over a bermed impernicable surface that allows wastewater to be captured and filtered for proper treatment or disposal. Clearly mark designated work and pressure wash areas. • Cover maintenance area with tarp when not in use to prevent rainwater from entering the area. Berm or curb the area to enclose materials io prevent runoff. • Prevent overspray by performing abrasive blasting within an enclosure, windbreak or plastic tarp in the designated maintenance area, • Collect pressure wastewater: Do not discharge wash water. Pressure washwater should be collected for pretreatment prior to reuse, permitted discharge, or disposal. Vessels should be washed over an impervious pad that can collect all process wastewater. • Treat water as industrial wastewater and dispose of properly (see above) or drain to storage tank for further recycling, treatment and disposal. • Cover storm drains near the work area to prevent waste from entering the water system. • Use dustless sanders. Encourage boaters and contractors to do the same. • Collect maintenance debris daily such as sandings, paint chips, fiberglass, and dispose of properly. Clean up designated area prior to rain to avoid stormwater runoff issues. • Minimize the amount of water used when boats are pressure washed. Use low volume, high pressure washing systems. FNIPORTANT NORTH CAROLINA CONTACTS North Carolina Division of Water Quality h2o, enr, state, nc.us/ D«'Q Wilmington Regional Office DWQ Washington Regional Office 127 Cardinal Drive Extension 943 Washington Square Mall Wiimington, NC 28405 Washington, NC 27889 910/796-7215 252/946-6481 Information Resource: New f;ngland Environmental Protection agency (EIPA) Virtual Tradeshow: Boat Pressure wash Water www.epa.gov/region l/assistance/ecitts/hpwvts/index.html