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HomeMy WebLinkAboutNCS000321_APPLICATION_20140516STORMWATER DIVISION CODING SHEET NCS PERMITS PERMIT NO. DOC TYPE ❑ FINAL PERMIT ❑ MONITORING REPORTS APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ 10 t Ll Uc YYYYM M D D erl hia G/Ofq � � Allw5 Wyk — RECENED 01162014 DENR•IAND DUALITY Memorandum STMMWATERPERMITTING To: NCDENR— StormwaterPermittingProgram From: Joe Parkulo, HSES Manager Date: May 9, 2014 Re: Significant Changes Since Last SW Permit — 2009-2014 NCS000321 Since our current permit NCS000321 was issued in 2009, the following significant changes have occurred at this site. 1. Elimination of Styrene-Butadiene latex production — this change involved shutdown of 3 latex reactors and removal of several raw materials from the site including butadiene and mercaptan. Since styrene is still used in other products, it is still on site. Equipment used in the SB production area is still operating in the production of acrylic latexes. Elimination of the SB products has also greatly reduced the volume of product railcars filled on site, thus reducing the potential for a spill to stormwater. 2. Additional Asphalt and Concrete Impervious Surfaces — several areas have been paved in the past 5 years, thus reducing the potential for erosion. Specific areas paved include the road beside the flare that leads to the southeast tanker truck parking lot. 0 Page 1 Site: Lubrizol, Gastonia Facility BMP IDENTIFICATION Completed By: J.Parku/o Worksheet #7a Title: HSES Manager Date: January 2014 Instructions: Describe the Best Management Practices that you have selected to include in your plan. For each of the baseline BMPs, describe actions that will be incorporated into facility operations. Also, describe any additional BMPs (activity and site -specific) that you have selected. Attach additional sheets if necessary. Best Management Practices Brief Description of Activities Good Housekeeping Train employees in basic cleaning procedures (sweeping, visual inspections); Ensure regular pick-up of trash. Preventative Maintenance Monthly inspection of outside areas and record on inspection checklist; Ensure that stormwater conveyance system is clear. Inspections Daily inspection of good housekeeping no records required); Monthly inspection of outside areas (record on inspection checklist); Record visual monitoring results of outfall #2 before discharge to local waters. Spill Prevention and Response Pollution Prevention Team attends annual training and will maintain adequate response supplies. Emergency Response Team performs annual spill drills. When possible, recycle, reduce, and reuse process materials to minimize waste on -site. Sediment and Erosion Control Maintain grassed areas: re -seed as necessary. Monthly inspection of outfal/sto look for signs of erosion. Management of Runoff Continue good housekeeping and preventative maintenance measures; Provide runoff awareness training. Additional s (Activity Specific and Site Specific) Provide routine inspections of gasoline tank area; Send scrap metal and equipment to reclaimer; Investigate the feasibility of providing a canopy for scrap storage area, pallet storage area, and empty drum storage area; Store salt bags inside the building; Investigate the feasibility of providing covers for sludge dumpsters; Include loading dock areas, trailer storage areas, and railcar Farea in monthly inspection schedule. Environmental Resources Management 3-19 8FGood19234/SW3PL0G.xls,0cl-99 Site: Lubrizol, Gastonia Facility BMP IDENTIFICATION Completed By: J.Parku/o Worksheet #7a Title: HSES Manager Date: January 2014 Instructions: Describe the Best Management Practices that you have selected to include in your plan. For each of the baseline BMPs, describe actions that will be incorporated into facility operations. Also, describe any additional BMPs (activity and site -specific) that you have selected. Attach additional sheets if necessary. Best Management Practices Brief Description of Activities Good Housekeeping Train employees in basic cleaning procedures (sweeping, visual inspections); Ensure regular pick-up of trash. Preventative Maintenance Monthly inspection of outside areas and record on inspection checklist; Ensure that stormwater conveyance system is clear. Inspections Daily inspection of good housekeeping no records required); Monthly inspection of outside areas (record on inspection checklist); Record visual monitoring results of outfall #2 before discharge to local waters. Spill Prevention and Response Pollution Prevention Team attends annual training and will maintain adequate response supplies. Emergency Response Team performs annual spill drills. When possible, recycle, reduce, and reuse process materials to minimize waste on -site. Sediment and Erosion Control Maintain grassed areas: re -seed as necessary. Monthly inspection of outfallsto look for signs of erosion. Management of Runoff Continue good housekeeping and preventative maintenance measures; Provide runoff awareness training. Additional s (Activity Specific and Site Specific) Provide routine inspections of gasoline tank area; Send scrap metal and equipment to reclaimer; Investigate the feasibility of providing a canopy for scrap storage area, pallet storage area, and empty drum storage area; Store salt bags inside the building; Investigate the feasibility of providing covers for sludge dumpsters; Include loading dock areas, trailer storage areas, and railcar area in monthly inspection schedule. Environmental Resources Management 3-19 8FGood/9234/SW3PL0G.xls,0ct-99 Site: Lubrizol, Gastonia Facility IMPLEMENTATION Completed By: J.Parkulo Worksheet #8 Title: HSES Manager Date: January 2014 Instructions: Develop a schedule for implementing each BMP. Provide a brief description of each BMP, the steps necessary to implement the BMP (i.e., any construction or design), the schedule for completing those steps (list dates) and the person responsible for implementation. Best Management Practices Description of Action(s) Required for Scheduled Completion Person Notes Implementation Date(s) for Responsible Required Action for Action Good Housekeeping 1. Train employees on Good Housekeeping Procedures On -going Joe Parkulo Annually 2. Ensure dumpsters are emptied regularly On -going Joe Parkulo Preventative Maintenance 1. Inspect outside areas On -going Joe Parkulo Monthly 2. Clear stormwater grates of sediment and debris As needed Joe Parkulo Monthly Inspections 1. Bi-annual inspection of ouffalls On -going Joe Parkulo Bi-annually 2. Monthly inspection of outside areas On -going Joe Parkulo Monthly 3. Weekly inspections of all tanks On -going Joe Parkulo Weekly Spill Prevention and Response 1. Pollution Prevention Team annual review of SW3P. On -going Joe Parkulo Annually On -going Joe Parkulo Annually 2. Emergency Response Team annual spill drills. Sediment and Erosion Control 1. Maintain grassed areas On -going Joe Parkulo Management of Runoff 1. Maintain existing Good Housekeeping BMPs On -going Joe Parkulo 2. Maintain existing Preventative Maintenance BMPs On -going Joe Parkulo 3. Provide runoff awareness training On -going Joe Parkulo Annually Additional BMPs 1. See WS-7a January 2014 Joe Parkulo (Activity Specific and Site Specific) Environmental Resources Management 3-20 BFGood/9234SW3PL0G.xIs,0ct-99 Site: Lubrizol, Gastonia Facility IMPLEMENTATION Completed By: J.Parkulo Worksheet #8 Title: HSES Manager Date: January 2014 Instructions: Develop a schedule for implementing each BMP. Provide a brief description of each BMP, the steps necessary to implement the BMP (i.e., any construction or design), the schedule for completing those steps (list dates) and the person responsible for implementation. Best Management Practices Description of Action(s) Required for Scheduled Completion Person Notes Implementation Date(s) for Responsible Required Action for Action Good Housekeeping 1. Train employees on Good Housekeeping Procedures On -going Joe Parkulo Annually 2. Ensure dumpsters are emptied regularly On -going Joe Parkulo Preventative Maintenance 1. Inspect outside areas On -going Joe Parkulo Monthly 2. Clear stormwater grates of sediment and debris As needed Joe Parkulo Monthly Inspections 1. Bi-annual inspection of outfalls On -going Joe Parkulo Bi-annually 2- Monthly inspection of outside areas On -going Joe Parkulo Monthly 3. Weekly inspections of all tanks On -going Joe Parkulo Weekly Spill Prevention and Response 1. Pollution Prevention Team annual review of SW3P. On -going Joe Parkulo Annually On -going Joe Parkulo Annually 2. Emergency Response Team annual spill drills. Sediment and Erosion Control 1. Maintain grassed areas On -going Joe Parkulo Management of Runoff 1. Maintain existing Good Housekeeping BMPs On -going Joe Parkulo 2. Maintain existing Preventative Maintenance BMPs On -going Joe Parkulo 3. Provide runoff awareness training On -going Joe Parkulo Annually Additional BMPs 1. See WS-7a January 2014 Joe Parkulo (Activity Specific and Site Specific) Environmental Resources Management 3-20 BFGood/9234SW3PLOG.xls.0ct-99 Memorandum To: NCDENR— StormwaterPermittingProgram From: Joe Parkulo, HSES Manager Date: May 9, 2014 Re: Significant Changes Since Last SW Permit — 2009-2014 NCS000321 Since our current permit NCS000321 was issued in 2009, the following significant changes have occurred at this site. Elimination of Styrene-Butadiene latex production — this change involved shutdown of 3 latex reactors and removal of several raw materials from the site including butadiene and mercaptan. Since styrene is still used in other products, it is still on site. Equipment used in the SB production area is still operating in the production of acrylic latexes. Elimination of the SB products has also greatly reduced the volume of product railcars filled on site, thus reducing the potential for a spill to stormwater. 2. Additional Asphalt and Concrete Impervious Surfaces — several areas have been paved in the past 5 years, thus reducing the potential for erosion. Specific areas paved include the road beside the flare that leads to the southeast tanker truck parking lot. 0 Page 1 RECEIVED 101 16 2014 DENRw1A4o QUALITY STORMWATER PERM STORMWATER DISCHARGE OUTFALL (SDO) ANALYTICAL MONITORING REPORT . C�..wiRw Mnniln NMIDate SaaWle Collected �y,7�'rjyIS�'r:1I�on - �� ■ wrxorxn u>_ �� � ro a � S:� �� S:t��rnrrxnt��a:+��L• luau 1 1: • � �Iy�Enulrxnt���e;ll��V rl;+�SIaLl�d� �ly�s�rrxrxnt��i��Fi 11 �F]�P7 �iY��rxurxnt��aar� um Sl�l1�d ���xrkrrxnr� A mmmwmw Il���lnrarxnr��l l�lla:r� � 1 • • �� ��tflkfYxllYi• 1'1 MINEM. 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Il��ncmcnr��6��!<1519 11. �i I�aneirinra���s�F]�i/�Ixl:xl�l� 01111WII -V �IY��YIIL7Yi�,11yY�� Slw� -_-___-_._ ■_-_-_ Spill Control Basin Visual Observation Release Logsheet Commentsi Observations Rainfall r� eFi ia��E1J.i'' ` Appearance = color, odor, foam, staining, oil sheens, etc. Spill Control Basin Visual Observation Release Logsheet Observations Rainfall _Appearance. %4/.. --�.���%�� • c• cam.: Appearance = color, odor, foam, staining, oil sheens, etc. RCS ')C 1. Spill Control Basin Visual Observation Release Logsheet Commentsi Observations Rainfall �L�risi7■--tLS�31T. • �� �� PIM Appearance = color, odor, foam, staining, oil sheens, etc. Spill Control Basin Visual Observation Release Logsheet ® • ObservationsRainfall e®® ' Appearance = color, odor, foam, staining, oil sheens, etc. Spill Control Basin Visual Observation Release Logsheet ® :. 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Appearance = color, odor, foam, staining, oil sheens, etc. Spill Control Basin Visual Observation Release Logsheet ' IF�DriO!] 5�--�<Y[�y%�!i� .. a�d�iT,ifrl _.. ♦ • ����/��I�1��''..'7--tom • ..[7�:.7����� � , /, � c r, i=76�E� _�(.._�� ' Appearance = color, odor, foam, staining, oil sheens, etc. QA(C Spill Control Basin Visual Observation Release Logsheet - �@111111111M Comments/ ib , M !!�l�c - JMM&4,WIT.o, !'JJrvr�.�i,3'rrJR,� Fit Ti^.�^.!��-- �� S•�c --- �`J11[\ ��. • Go ' �� • Appearance = color, odor, foam, staining, oil sheens, etc. Spill Control Basin Visual Observation Release Logsheet Observations �WMMM-- FIN isldIM0 rMllp.lM�Y^^/J/� AFW 0rMWA IN _� R•:.1-- 'iLt{'.9\ .�11"i7rl/i'3t7 _ _,� fI • Appearance = color, odor, foam, staining, oil sheens, etc. a Spill Control Basin Visual Observation Release Logsheet Observations Rainfall on, wlO-AW'M r Ir W� �M W- r. .rM w�r� .`� .1•L-� a �_ :. _ • . : • .. . �.. Mir�+ M�- MEM u F� 7G17������jj�w'f//�l� 1� � �I G I ' Appearance = color, odor, foam, staining, oil sheens, etc. -el 3 Z>A4-�3 19-x Spill Control Basin Visual Observation Release Logsheet No Observations I Rainfall MM --trf7'eaKIiC['. =�Lwl7Lffl ERMA"I'M WE r! Wes= M# .1,, l KIIA�Z7-- i .. •LEA �i �I �wpm����rl1?'l4'7iLi:.�LFf (I��Q��C.��Jli��ltV'SL77�17'Jt171,� M C Y, I�iS'Z9It47•L-- ���--��� �ILVIX MW . 9 t 1 Appearance = color, odor, foam, staining, oil sheens, etc. NCS 000"3V Georgoulias, Bethany From: Georgoulias, Bethany Sent: Tuesday, February 02, 2010 11:11 AM To: Bell, Wes; Weaver, Charles Cc: Sledge, Bob; Bennett, Bradley; Belnick, Tom Subject: RE: Wes, Are you asking the supervisors to discuss what should happon with the renewal of this permit in 2014 — whether it should be a combined SW/W W permit? I don't think the groups will take on that task in the immediate future, unless the company requests a major modification under the NCS permit or applies for an individual wastewater permit. I still think the lingering question is compliance under the NC-] permit that's in NPDES, and we can't answer that here in SPU. You could argue that under the stormwater permit, they are actually discharging a wastewater, but we are unlikely to get rid of the NCS permit without the NPDES wastewater permit having SW pollution prevention measures in it. Their NCG permit coverage does not include that. I'm not sure there's much we would do until renewal of this one, unless compliance and enforcement is pursued. Bethany Georgoulias Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6372 Fax: (919) 807-6494 NEW Website: http://portal.ncdenr.org/web/wq/ws/su E-mail correspondence to and from this address may be subject to the North Records Law and may be disclosed to third parties. From: Bell, Wes Sent: Tuesday, February 02, 2010 10:24 AM To: Weaver, Charles; Georgoulias, Bethany Subject: Irk*VAW 2k y Sew NCS�1o3Z9 CNVaI) ,;cc VL6M/ We - I A ASGk Has anyone heard any guidance regarding how DWQwill address the comingling of WW and SW at the Lubrizol facility that we recently discussed the other week? M11.3 Wes Bell - Wes.Bell@ncdenr.gov North Carolina Dept. of Environment & Natural Resources Div. of Water Quality 610 E. Center Ave., Suite 301 Mooresville, NC 28115 Ph:704.663.1699 Fax:704.663.6040 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Georgoulias, Bethany Sent: Thursday, January 28, 2010 7:50 AM To: Weaver, Charles Cc: Bell, Wes; Lowther, Brian; Bennett, Bradley Subject: RE: Lubrizol Advanced Materials, Inc. (formerly Noveon, Inc.) Charles, I talked to Wes about this yesterday. We did a combined SW with NCC/BB water once before —it was sort of a creative approach that I worked with Brian Lowther on, because technically, when everything commingles, it is all wastewater. told him we could look at doing this one that way at the next renewal, but it's a ways out (2014, 1 believe). The other choice is for the facility to apply sooner for a major mod to the SW permit (I wouldn't consider it minor). The issue seemed to be compliance with the NCG permit they have for the wastewater discharge. It seemed to me that several permittees under that permit must have challenges trying to sample prior to commingling with stormwater, so I was wondering how often you guys get that question or have chased compliance issues with it. 0. There is also the option of issuing an individual NCxx permit because it really is all technically a wastewater discharge; we just run the risk of losing the Stormwater Pollution Prevention Plan requirements and monitoring parameters unless it's coordinated with us. Anyway, ultimately it's probably up to Bradley and Tom to decide whether this should stay as is (knowing there's a possible compliance issue with where they currently sample the WW), or be condensed into one permit in one of our groups. -Bg Bethany'Georgoulias Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 •512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6372 Fax: (919) 807-6494 NEW Website: http://portal.ncdenr.org/web/wq/ws/su E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Weaver, Charles Sent: Thursday, January 28, 2010 7:30 AM To: Georgoulias, Bethany Subject: FW: Lubrizol Advanced Materials, Inc. (formerly Noveon, Inc.) Have a look at this and tell me what you think. I need to speak with Sergei and/or Tom about it from our side. CHW From: Bell, Wes Sent: Wednesday, January 27, 2010 3:34 PM To: Weaver, Charles Subject: Lubrizol Advanced Materials, Inc. (formerly Noveon, Inc.) Charles, I recently inspected Lubrizol Advanced Materials, Inc. (NCG500210 and NCS000321 Permits) found that the noncontact cooling water (NCCC) and boiler blowdown (BB) wastewaters are comingled with the stormwater prior to discharge. The NCCC and BB are discharged into the facility's stormdrains at separate locations throughout the facility. All Stormwater and NCCC/BB are collected in an initial concrete holding basin (221,228 gallon capacity) end is then Y pumped to an adjacent concrete holding basin (418, 160 gallon capacity). The staff initiate a recirculation pump (that pulls from the bottom) to thoroughly mix this basin prior to collecting samples for process control to ensure the water meets appropriate limits and detect any possible leakages/spills that could have happened in the plant. This recirculation also provides some aeration to the water. An on -site lab performs these process control analyses and If all parameters are within levels, then a discharge event will occur. When this happens, they contract a certified lab (twice per year) to perform all required analyses (Wastewater and Stormwater) on the discharge. That's a quick background and now here's the point of the question... The NCCC/BP Permit requires sampling prior to comingling with stormwater; however, it's not currently feasible to collect a representative sample prior to the basins. In addition, the NCCC and BB units are located throughout the facility and it would be a quite an ordeal (economically) to attempt to pipe all these together to get an isolated sample prior to comingling with the stormwater. The individual stormwater permit (expires 6/30/14) requires more sampling parameters (BOD, COD, pH, TSS, Zn) than the NCCC Permit. Do you know of any way to address this situation besides the facility applying for an individual NPDES Permit with the inclusion of,the stormwater requirements. Could the NCCC and BB limits be included in the individual stormwater permit? Thanks for any assistance you can provide with this matter. Pi9:7 Wes Bell - Wes.Bell@ncdenr.gov North Carolina Dept. of Environment & Natural Resources Div. of Water Quality 610 E. Center Ave., Suite 301 Mooresville, NC 28115 Ph:704.663.1699 Fax:704.663.6040 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. o�® MC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director DATE: April 8, 2009 TO: Gaston Gazette Fax: 704-884-3031 FROM: SARAH YOUNG, DIVISION OF WATER QUALITY SUBJECT: PUBLIC NOTICE PAGES: I Dee Freeman Secretary Alt CV 1, ?a Please publish only the information (Public Notice)-belma; ONETIME in the legal section of your paper by'I'uesday, April 14, 2009. ['lease fax a copy of the proof to me at 919-807-6494 for final approval prior to publication. Within 10 days after publish date, please send the invoice and two copies of the original affidavit to: Sarah Young NCDENR/DWQ Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748 Internet: wcAy.ncwalerqualily.org An Equal Opportunity 1 Affirmative Action Employer NorthCai-olina Naturally MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 Dee Freeman Secretary Chemtura Corp., 214 West Ruby Ave., Gastonia, NC 28054 has applied for an NPDES Stormwater Permit to discharge stormwater associated with industrial activities at a facility located at the above address, Gaston County. The facility discharges to waters designated as Catawba Creek, within the Catawba River Basin. The draft permit number is NCS000311. Lubrizol Advanced Materials, Inc., 207 Telegraph Dr., Gastonia, NC 28056 has applied for an NPDES Stormwater Permit to discharge stormwater associated with industrial activities at a facility located at Lubrizol Advanced Materials, Inc., 207 Telegraph Dr., Gastonia, INC, Gaston County. The facility discharges to waters designated as an unnamed tributary to Crowders Creek, within the Catawba River Basin. The draft permit number is NCS000321. Color Mate Incorporated, PO Box 2566, Gastonia, NC 28053 has applied for an NPDES Stormwater Permit to discharge stormwater associated with industrial activities at a facility located at Color Mate Incorporated, 5025 S York Rd, Gastonia, NC, Gaston County. The facility discharges to waters designated as an unnamed tributary to Crowders Creek, within the Catawba River Basin. The draft permit number is NCS000163. Copies of the draft permits, Nos. NCS000311, NCS000321, and NCS000163 are available at the following website: http://h2o.enr.state.nc.us/su/publicnotice.htm Or, for NCS000311, by contacting: -oYNRobert Patterson INC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: (919)-807-6375 robert. oatterson(d)ncmai1.net For NCS000321 and NCS000163, by contacting: Brian Lowther NC Division of Water Quality 1617 Mail Service Center Raleigh, INC 27699-1617 Telephone Number: (919)-807-6383 brian.lowther@ncmail.net Persons wishing to comment upon or object to the proposed determination are invited to submit their comments in writing to the above address no later than May 14, 2009. All comments received prior to that date will be considered in the final determination regarding permit issuance. All comments and requests should reference the appropriate draft permit number. Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919.807.63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748 Internet: vw .ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Noi thCarolina Naiiiil 04/09/2009 11:19 7048843031 PAGE 01/03 IN PRINT. ONLINE. AN. .� ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Phone: 704-869-:1742 Fax: 704-884-3031 . Email:. beberlina gastongazette com To: Sarah Youn.1 From: Bernadette NC Dept of Environmental & Natural of Water ��� Division of Waterr Quality Fax:919-807-6491 Phone:919-807-6300 Re: Proof of legal notice Comments: Pages: 3 Date: April 9, 2009 CC: APR 0 9 2009 Good morning, Sarah. Following is a proof of your legal notice for Stormwater Permits scheduled to publish in The Gazette one time only on Tuesday, April 14, 2009. Cost is $269.75. Please advise beifore 4pm Friday, .April 10 if changes are needed. Thanks! 04/09/2009 11:19 7048943031 PAGE 02/03 Page 1 of 2 04/09/2)09 11:04:01 Order N umber PO Number 54430041 - Ad Number Ad Key Customer Contact Salesperson 30292309 NCDE<`IR/DWQ/StormwaterPermction@ Publication Sarah Addressl Addressl Young 1617 Mail Service Center Sub Section City Zip Phonea Raleigh NC 276991617 Category Dates Run Fax (919)780-7636 x8 Days Credit Card (919) 733-0719 Size Printed By Entered B Bernadette Eberli Words Ad Rate y Bernadette Eberli Ad Price Keywords Notes Amount Paid NPDES stormwater Permits: Chemtura Car Amount Due Zones P NCS00031.1 PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699.1617 Chemtura Corp., 214 West Ruby Ave. Gastonia, NO i'28054 has applied for an NPDES Stormwe ter Permit to discharge stormwater associated with industrial activities at a facility to- caled at the above ad- ' dross. Gaston County. The facility discharges to wa• ters designated as Ca- tawba Creek, within the Catavrila River Basin. The draft permit number is NCS000311.' Lubrizol Advanced Mated. als. Inc., 207 Telegraph Dr., Gastonia, NO 2BO58 has applied for an NPDES Slormwater Permit to dis- charge stormwater associ- ated with industrial aclivl- ties at a facility located at Lubrizol Advanced Male- rlals, Inc., 207 Telegraph Dr., Gastonia, NC, Gaston County. The facility His. .,charges to waters desig- noted as an unnamed Irlb- ` Wary to Crowders Creek, wllhln the Catawba River Basin, The draft permit number is NCS000321. Color Mate Incorporated, PO Box 2566, Gastonla, NC 28053 has apPllad for an NPDES term ter Permit to discharge storm. water associated with in- dustrial act It"' at a facil- Ity located al Color to Incorporated, 5025 S, Vork Rd., Gastonia, NC, Gaston County. The facility dis- charges to waters desig- 54457945 68 - Bernadette Eberli Gazette Classified Section Classified Section Lega is Otto 00/00/0000-00/00/0000 0 1 x 12.35, 119 lines 326 L2 - Gaston 0.00 0.00 0.00 04/09/2009 11:19 Page :2 of 2 7046843031 04,09/2009 11:04:01 PACE 03/03 Order Number PO Number Customer Contact Addressl Address2 City St Zip Phone Fax Credit Card Printed By Entered By Keywords Notes Zones C nated as an unnamed Crib. utary to Crowdars Creek, within the Catawba River Basin. The draft permit number Is NCS000163. Ccpios of the draft permits, Nos. NCSD00311: NCS000321, and NCS000163 are available of fha following webslla: o htlo7/h2e r ss to ec t / su/oublcnatic htm Or, for NCS000311, by contacting: Robert Patterson NO Division of Water Quality 1617 Mail Service Center Raleigh, NO 27599.1017 Telephone Number: (919)807-6375 foberto tte 0 �ncma'Inet For NCS000321 and NCS000163, by contacting: Brian Lowther NO Division of Water Quality 1617 Mail Service Center Raleigh, NO 27099.1617 Telephone Numbac (919)807-6383 brian lot Iherroln 't net Persons wishing to cam. ment upon or object to the proposed determination are Invited Id submit Ihelr comments In wiling to the above address no later than May 14 2009. All comments received pnor to "al data will be considered In the tinol determination regarding permit Issuance. All comments and requests 5-should reference the ap- Pmprote draft permit rum. ber. 1C-Aprli 14, 2009. Ad Number 54430041 Ad Key Salesperson 30292309 NCDENR/DW O/5tormwaterPermSectlonlit Publication Sarah Young 1617 Mail Service Center Sub Section Category Raleigh NIC 276991617 Dates Run (919)780-7636 x8 - Days (919)733-0719 Size Words Bernadette Ebert! Ad Rate Bemadelte Eberli Ad Price Amount Paid Amount Due NPDES Slormwater Permits: Chemtura Corp. NCS000311 54457945 58 - Bernadette Ebert -- Gazette Classified Section Classified Section Legals 000 00/00/0000-00/00/0000 0 1 x 12.35, 119 lines 326 L2 - Gaston 0.00 0.00 0.00 1P,I� AFFIDAVIT OF INSERTION OF ADVERTISMENT The Gaston Gazette Gastonia, N.C. Gaston County The Gaston Gazette does certify that the advertisement for: NPDES Stormwater Permits: Chemtura Corp. NCS000311/Lubrizol Advanced Materials, Inc. Measuring 12.35 inches appeared in The Gaston Gazette, a newspaper published in Gaston County, Gastonia, N.C., in issue(s): 04/14/2009. Name of Account: NCDENR/DWQ/Stormwater Permitting Unit Order Number: 54430041 Ad Number: 54457945 Sworn to, and subscribed before me this 21 st day of April, 2009. My Commission Expires July 4, 2012 F\NATF �Q 9Q Michael P. Easley, Governor 9 William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources Q 'C Coleen H. Sullins, Director Division of Water Quality December 4, 2008 Joe Parkulo Noveon, Inc. 207 Telegraph Drive Gastonia, NC 28056 Subject: NPDES Permit Renewal Application Noveon, Incorporated - Gastonia Permit Number NCS000321 Individual Stormwater Permit Gaston County Dear Mr. Parkulo: The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000321 on November 3, 2006. We apologize for the lengthy delay in responding to your submittal and are now making every effort to review your permit renewal as expeditiously as possible. Our Unit anticipates making significant progress on individual permits over the next six months to reduce our backlog. We are currently beginning our review of your renewal application. Please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. As long as you have submitted a complete renewal request package and maintain compliance with those permit conditions, stormwater discharges from this facility are authorized by that permit until the Division issues a renewal permit or notifies you of an alternative action. No additional information is required at this time, but we may contact you in the future. Please notify us if any significant changes have taken place at this facility since you submitted the renewal package. If you have any questions about this matter, please contact me at (919) 807-6368. Sincerely, Brian C. Lowther Environmental Engineer Stormwater Permitting Unit cc: Mooresville Regional Office Stormwater Permitting Unit Files Central Files om NehCarolina ,/ W11rall1f North Carolina Division of Wmer Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enrslale.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6749 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper ap AZA. HC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 16, 2009 Joe Parkulo Noveon, Inc. 207 Telegraph Drive Gastonia, NC 28056 Subject: NPDES Permit Renewal Application Noveon, Incorporated - Gastonia Permit Number NCS000321 Individual Stormwater Permit Gaston County Dear Mr. Parkulo: The Division.of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000321. We are currently reviewing your renewal application. During our review we noticed overdue or unpaid permit fees associated with this permit. Attached is an invoice that must be paid before the permit can be renewed. Please provide payment within 30 days of receiving this letter. If you have any questions about this matter, please contact me at (919) 807-6368. cc: Mooresville Regional Office Stormwater Permitting Unit Files Central Files Attachments: 2008 invoice Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Sincerely, z /' Brian C. Lowther Environmental Engineer Stormwater Permitting Unit Nor thCarolina Naturally NORTH DEPARTMENT ENV RONMENTOLINA AND NATURAL RESOUORCES I I I II III I I I I I I II II I I II 2 0 0 8 P R 0 1 0 6 1 7 INVOICE Annual Permit Fee Overdue This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions. Permit Number: NCS000321 Gaston County Noveon Incorporated - Gastonia Johnny Ross Lubrizol Advanced Materials Inc 207 Telegraph Dr Gastonia, NC 28056 Annual Fcc Period: 2008-09-01 to 2009-08-31 Invoice Date: 10/15/08 Due Date: 11/14/08 Annual Fee: $860.00 Notes: I. A $25.00 processing fee will be charged for returned checks in accordance with the North Carolina General Statute 25-3-512. 2. Non -Payment of this fee by the payment due date will initiate the pen -nit revocation process. 3, Remit payment to: NCDENR- Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 4. Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee Coordinator at 919-807-6321. (Return This Portion With Check) ANNUAL PERNUT INVOICE Permit Number: NCS000321 Gaston County Noveon Incorporated - Gastonia Johnny Ross Lubrizol Advanced Materials Inc 207 Telegraph Dr I Gastonia, NC 28056 ilk00 8IIIII1Poll1lll Overdue Annual Fee Period: 2008-09-01 to 2009-08-31 Invoice Date: 10/15/08 Due Date: 11/14/08 Annual Fee: $860.00 Check Number: North Carolina Beverly Eaves Perdue Governor Amin NC®ENR Department of Environment and Division of Water Quality Coleen H. Sulljns Director April 6, 2009 Mr. James Nelli Lubrizol Advanced Materials, Inc. 207 Telegraph Drive Gastonia, NC 25056 Natural Resources Subject: Draft NPDES Stormwater Permit Permit No. NCS000321 Lubrizol Advanced Materials, Inc, Gaston County Dear Mr. Nelli: Dee Freeman Secretary Enclosed with this letter is a copy,of the draft stonmwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: 1. Analytical monitoring parameters,'I'SS, COD, BODs, and pH, have been maintained in this permit. 2. Zinc has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part 11 Section B. The permittee must also document the total precipitation for each event. 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. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part 11 Section B. Qualitative monitoring is required regardless of representative outfall status. 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, . and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) Wetlands and Slormwater Branch OneL, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 y QTt11C�1CO7ll lla Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748 -/7�� �q7{ l/Nq //// " Internet: mm.ncwaterquality.org L 16Li l N { [ ;/ An Equal Opportunity 1 Affirmative Action Employer Mr. James Nelli Lubrizol Advanced Materials, Inc. Permit No. NCS000321 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the . permitted timeframe then the requirements shall apply. Other permit changes: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDLestablished. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-Stormwater discharges. Additional information is provided in Part 11 Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility -must now -implement a semi -annual -Facility Inspection Program of the site's stormwater management controls as specified iii Part Il Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. 6. Per the requirements of the Catawba Riparian Buffer Rule, all stormwater drainage from portions of this site that have been constructed after June 30, 2001 must be discharged through a correctly designed level spreader or another device that meets diffuse flow requirements per 15A NCAC 2B .0243. Diffuse flow requirements are described in Chapter 8 of the North Carolina Stormwater BMP Manual, available at: http://li2o.enr.state.nc.us/su/bmp forms.htm Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to.the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6368 or brian.lowther@ncmail.net Sincerely, Brian Lowther Environmental Engineer Stormwater Permitting Unit cc: Mooresville Regional Office Stormwater Permitting Unit Attachments: Draft Permit State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary, Gregory J. Thorpe, Ph.D., Acting Director April 19, 2002 Mr. Joe Parkulo BF Goodrich Performance 207 Telegraph Drive Gastonia, NC 28506 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Permit No. NCS000321 BF Goodrich Performance Gaston County Dear Mr. Parkulo: In response to your renewal application for continued coverage under NPDES stormwater permit NCS000321, the Division of Water Quality (Division) is forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-2 t5 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). Please note that the Division has revised the analytical monitoring strategy for individual stormwater permits. Based on a review of the permit monitoring data received to date, the analytical monitoring measurement frequencies have been changed and cut-off concentrations have been removed. These changes will be implemented for all second term individual stormwater permits with analytical monitoring requirements. For those permits with analytical monitoring requirements, Part 11 - Monitoring, Controls, and Limitations for Permitted Discharges has been modified to reflect the change in monitoring strategy. The qualitative monitoring strategy remains the same as the first term of the permit. Please note that the semi-annual qualitative monitoring is a requirement of the permit. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part III, Section A, Item 2 'Duty to Comply", Item 9 'Penalties for Tampering " and Item 10 'Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that maybe required. 1617, Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733.9919 An Equal Opportunity Affirmative Action Employer 50 % recycled/ 10% post -consumer paper Page 2 If you have any questions concerning this permit, please contact Aisha Lau at telephone number g ign33-5083 ext. 578. Sincerely,,,., for Gregory J. Thorpe cc: Mr. Roger O. Pfaff, EPA Mooresville Regional Office Stormwater and General Permits Unit Central Files NCS000321 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions 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, B.F. Goodrich Performance is hereby authorized to discharge stormwater from a facility located at B.F. Goodrich Performance Resins & Emulsions 207 Telegraph Road Gastonia, NC Gaston County to receiving waters designated as an unnamed tributary to Crowders Creek, a class C stream, in the Catawba River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, I1, III, IV, V and VI hereof. This permit shall become effective May 1, 2002. This permit and the authorization to discharge shall expire at midnight on April 30, 2007. Signed this day April 19, 2002. C ?G�NALSiG���.• V�1lI�U��C.;J11t1.�, for Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality By the Authority of the Environmental Management Commission r•�n�.r.�.c.��a�nx� i TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS Section A: Compliance and Liability I. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers u Permit No. NCS000321 f 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1, Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS Permit No. NCS000321 PART INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All discharges shall be in accordance with the conditions of this 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. 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 I Page t of 2 SECTION C: LOCATION MAP Part I Page 2 of 2 Permit No. NCS000321 Permit No. NCS000321 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions; Section E, Paragraph 3 of this individual permit. The -Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (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. (c) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part Ill, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and Part It Page 1 of 6 Permit No. NCS000321 nonstructural measures. The stormwater management plan, 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 stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. 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 years. (c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment Part 11 Page 2 of 6 Permit No. NCS000321 and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a -specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part I1 of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Part 11 Page 3 of 6 Permit No. NCS000321 SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 4 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum 4 analytical samplings in accordance with the schedule specified -below in Table 2. Table 1. Analytical Monitoring Requirements '� hdC tr..tav Y' �Dtscharge �t M' 1.�. .',.fh uFFj' ,' `tty ,,.Characterishcs31,, i'Ldt w^yc , Y ,r5.m:-,y a Umts�jFiequency,? 'kFk+F,S:xF& '+k.?f Measurement s%x ..f'.ry.'dx �.a rsr v ' $ample s Ty ,e?, rr,ocatton3„, `r i"p �1 c r' Sample ,r BOD mg/1 Quarterly- 4" year Grab SDO COD m l Quarterly- 4'" year Grab SDO H so Quarterly- 4" year Grab SDO Total Suspended Solids m I Quarterly- 4" year Grab SDO Total Rainfa114 inches Quarterly- 4" year Event Duration4 minutes Quarterly- 0 year Total Flow4 MG Quarterly- 4" year SDO Footnotes: I Measurement Frequency: Once per quarter during the 0 year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Table 2 Monitoring schedule r +Monttonng pertoc_Iki �' Sample Numbers a n �a Start � :�;=; i�EndtA Year 4 - V quarter 4 May 1, 2005 July 31, 2005 Year 4 - 2" quarter 5 August 1, 2005 October 31, 2005 Year 4 - 3" quarter 6 November 30, 2005 January 31, 2006 Year 4 - 4'" quarter 7 February 1, 2006 April 30, 2006 Part II Page 4 of 6 Permit No. NCS000321 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 3. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm event. In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 3. Qualitative Monitoring Requirements f.. ' 3'&. ''C tdG Y' k =Discharge Characteristr ttsett kci LY fry rFrequencytcg b' d k o-'A. +Momtormg °` ,Localionl Color Semi -Annual SDO Odor Semi -Annual SDO Clarity Semi -Annual SDO Floating Solids Semi -Annual SDO Suspended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO Other obvious indicators Semi -Annual SDO of stormwater pollution Footnotes: Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more char 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. Part II Page 5 of 6 Permit No. NCS000321 All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 4 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum 4anatytical samplings in accordance with the schedule specified in Table 2 (Part II, Section B). Table 4. Analytical Monitoring Requirements for On -Site Vehicle Maintenance .. acrmste schargetCliaractertsttcs r .ry � �':Un►ts ro Mx- v - ,- `�� M,easurements Sample�� ���`Sample uencY.l�� H standard Quarterly- 4" year Grab SDO Oil and Grease mg/1 Quarterly- 4" year Grab SDO Total suspended Solids m I Quarterly- 4" year Grab SDO New Motor Oil Usagegallons/month Quarterly- 4" year Estimate Total Flow4 MG Quarterly- 4" year Grab SDO Footnotes: t Measurement Frequency: Once per quarter during the 4" year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Part 11 Page 6 of 6 Permit No. NCS000321 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Comoliance Schedule The permittee shall comply with Limitations and Controls specified for Stormwater discharges in accordance with the following schedule: Existing Facilities: The Stormwater-Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part I1, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($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. [Ref: North Carolina General Statutes 143- 215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class 11 violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $137,500. Part III Page I of 8 Pages Permit No. NCS000321 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liabilitv Except as provided in Part II►, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.6B, 143- 215.6C 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 Hazardous Substance Liability Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this individual 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. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. t0. 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 individual Part III Page 2 of 8 Pages Permit No. NCS000321 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. SECTION B: GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Sienatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual 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 employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental Part III Page 3 of 8 Pages Permit No. NCS000321 matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification. Revocation and Reissuance. or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 5. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. 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 individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry Part III Page 4 of 8 Pages Permit No. NCS000321 weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; 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. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Part III Page 5 of 8 Pages Permit No. NCS000321 Representative Outfall 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 sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwaler Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including.an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon thepermittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part III Page 6 of 8 Pages Permit No. NCS000321 Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. 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. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. Bypass 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. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four Hour Reporting 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. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Part III Page 7 of 8 Pages Permit No. NCS000321 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 Pages Permit No. NCS000321 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page I of 5 Permit No. NCS000321 Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. 9. Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. 11. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. 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. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. Part VI Page 2 of 5 Pages Permit No. NCS000321 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 18. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 19. Representative Outfall Status When it is established that the discharge of Stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 20. Rinse Water Discharge The discharge 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 washwaters utilizing any type of detergent or cleaning agent. 21. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 22. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and c. That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table 11 (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR I t6.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part VI Page 3 of 5 Pages Permit No. NCS000321 23. Severe Property Damage Means 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. 24. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, stag and sludge that have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 26. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 27. Stormwater Associated 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 raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 28. Stormwater Pollution Prevention Plan 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. 29. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. 30. Total Flow The Flow corresponding to the time period over which the entire storm event occurs. Total Flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of Flow at 20 minute intervals during the rainfall event. 31. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VI Page 4 of 5 Pages Permit No. NCS000321 32. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 33. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 34. 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. 35. 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 VI Page 5 of 5 Pages Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 5, 2006 NOVEONINCORPORATED- GASTONIA ATTN: JOHNNY ROSS, OR SUCCESSOR 207 TELEGRAPH DR GASTONIA, NC 28056 Subject: NPDES Stormwater Permit Renewal Noveon Incorporated - Gastonia Permit Number NCS000321 Gaston County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000321. This permit expires on April 30, 2007. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplemental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by in order for the permit to be renewed by April 30, 2007. Failure to request renewal by may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Mike Randall of the Stormwater Permitting Unit at (919) 733-5083, ext. 545. Sincerely, �/t�n.t�Lc� ijr�•�-vr.t�� Bradley Bennett, Supervisor Stormwater Permitting Unit cc: Central Files Stoimwater'Permitti ng'Unit-Files Mooresville Regional Office y ?`Carolina Natirallff North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: www.ncwaterguality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycledll0% Post Consumer Paper State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director September 29, 1995 Mr. Johnny Ross B.F. Goodrich Performance 207 Telegraph Rd. Gastonia, NC 28506 Subject: Permit No. NCS000321 B.F. Goodrich Performance Gaston County Dear Mr. Ross: "In accordance with your application for a stormwater discharge permit received on March 20, 1995, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina Gener.l Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raic'.gh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II, 13.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Aisha Lau at telephone number 919/733-5083. Sincerely, ORIGIN& SIGNED By BRADLEy BENNETr A. Preston Howard, Jr, P. E. cc: Mr. Roosevelt Childress, EPA Mooresville Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit No. NCS000321 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIN4INATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and die Federal Water Pollution Control Act, as amended, B.F. Goodrich is hereby authorized to discharge stormwater from a facility located at B.F. Goodrich Performance Resins & Emulsions 207 Telegraph Road Gastonia Gaston County to receiving waters designated as an unnamed tributary to Crowders Creek, a class C stream, in the Catawba River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, II1, and IV hereof. This permit shall become effective November t, 1995. This permit and the authorization to discharge shall expire at midnight on October 31, 2000. Signed this day September 29, 1995. OpiGINPi Si0'. c • v sw E^(BENN57� A. Preston Howard, Jr., P.E.. Director Division of Environmental Management By the Authority of die Environmental Management Commission Page 1 Permit No. NCS000321 PERMITTED ACTIVATES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate stomp sewer system which has been adequately treated and managed in accordance with the terms and conditions of this Permit. All discharges shall be in accordance with the attached schedules as follows: Part 1: Monitoring, Controls, and Limitations for Permitted Discharges Part 11: Standard Conditions for NPDES Stonmwater Permits Pail III: Limitations Reopener Part IV: Administering and Compliance Monitoring Fee Requirements Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization or approval. Chic permit does not relieve the peimittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Page 2 Permit No. NCS000321 PART I MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES ECTION A: FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified below. 1._ Stormwater Pollution Prevention Plan The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part II, Standard Conditions, Section EX of this permit. The Plan shall,inchrde. at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (1) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (2) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate, generating or control processes, and waste disposal practices. (3) A site.map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area building locations and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (4) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (5) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part fl, Standard Conditions, Section B .9. Page 4 Permit No. NCS000321 Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (1) A study addressing the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practicable the permittee shall cover all storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff'. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, and visible sheens. prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (3) A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantifies of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. (4) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the stormwater systems. Spill Prevention and Response Plan. The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the plan shall be identified in the plan. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. d. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. C. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's Page 5 Permit No. NCS000321 operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified in the Plan. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. g. Plan Ammendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part IT, Standard Conditions, Section B. #9) to the Director that the changes have been made. Facility Inspections. Inspections of die facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September -November) and once during the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Visual monitoring as required in I.A.2.g.(3) shall be, performed in addition to facility inspections. Implementation. Implementation of the plan shall include documentation of all monitoring, measurements. inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. 2. Minimum Monitoring and Reporting Requirements Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing by the Director of the Division of Environmental Management. If a facility has multiple discharge locations with substantially identical stonmwater 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 sampling requirements may be performed at a reduced number of outfalls. Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry weather flow shall be performed at all stormwater discharge outfall locations. All visual monitoring shall be documented and records maintained with the Stormwater Pollution Prevention Plan. The initial visual monitoring event shall be performed simultaneously Page 6 Permit No. NCS000321 with the first analytical monitoring event and documentation of only this initial visual monitoring event shall be submitted along with the required analytical monitoring submittal. For purposes of the stormwater sampling required in this permit, all samples shall be collected from a discharge resulting from a representative storm event (See Part Il, Standard Conditions, Section A). Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. If the stormwater runoff is controlled by a detention pond, the following sampling requirements shall apply: (1) If the detention pond detains the runoff generated by one inch of rainfall for 24 hours, visual observations for color, foam, outfall staining, visible sheens, and dry weather flow are required, but analytical sampling shall not be required. (2) If the detention pond discharges only in response to a storm event exceeding a 25- year, 24-hour storm (See Part 11, Standard Conditions, Section A), the pond shall be considered a non -discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards. Samples analyzed in accordance with the terms of this permit shall be submitted no later than January 31 for the previous year in which sampling was required to be performed. Analytical results from sampling during the final year of the permit term shall be submitted with the permit renewal application. This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (1) All other discharges that are authorized by a non-stormwater NPDES permit. (2) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (3) Discharges resulting from fire -fighting. If the storm event monitored and reported in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor and report all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Page 7 Permit No. NCS000321 g. . Specific Stormwater Monitoring Requirements The specific stormwater monitoring requirements includes both analytical and visual monitoring of stormwater samples. Specific monitoring requirements are defined below. (1) Analytical Monitoring Stonnwater Discharge Characteristic nits Measurement Fre uencvl Sample T 2 Sample Location3 Biochemical Ox een Demand, 5 day m > annually grab SDO Total Suspended Solids m annually rab SDO Chemical Oxygen Demand m annually grab SDO H standard annually grab SDO Total Rainfal14 inches annually central location Event Duration4 minutes annually central location Total Flow4 MG annually SDO Footnotes: 1 Measurement Frequency: Once per year with samples taken during the sampling window of April through November. The facility must perform analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. 2 Sample Type: Defined in Part 11, Standard Conditions. Section A. 3 Sample Location: Samples to be taken at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Page 8 Permit No. NCS000321 (2) Cut-off Concentrations For each parameter, the arithmetic mean of all analytical sampling results collected during the term of the permit shall be calculated for each individual outfall and compared to the cut-off concentrations listed below. If the arithmetic mean meets the specified cut-off concentration condition for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter at that outfall during the term of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring at an individual discharge outfall, the.permittee is required to maintain facility operations that ensure the continuation of stormwater runoff quality. The permittee mu t perform analytical sampling during the first and last year of the permit tern regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit teen must be submitted with the pemtit renewal application. t rmwater Discharge Characteristiu Cut-off Concentration Biochemical Oxygen Demand, 5 day < 30 m l Total Suspended Solids < 100 miall Chemical Oxygen Demand < 120 m PI -[I within range 6.0 and 9.0 Footnotes: 1 pH cannot be- averaged due to the nature of the logarithmic pH scale. The most recent pH sample result shall be. used for cut-off concentration purposes. Page 9 Permit No. NCS000321 (3) Visual Monitoring Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Visual monitoring of stormwater outfalls does not need to be performed during a representative stonn event. Stormwater Discharge Characteristics Fre ueuc 1 Monitoring T e2 Monitoring Location3 Color Semi -Annual Visual SDO Odor Semi -Annual Visual SDO Clarity Semi -Annual Visual SDO Floating Solids Semi -Annual Visual SDO Suspended Solids Semi -Annual Visual SDO Foam Semi -Annual Visual SDO Oil Sheen Semi -Annual Visual SDO Other obvious indicators of stormwater pollution Semi -Annual Visual SDO Footnotes: 1 Frequency: The first visual monitoring event during the term of the permit must be performed during the initial analytical monitoring event. All subsequent visual monitoring will be performed twice per year, once in the sprint and once in the fall. Monitoring Type: Visual monitoring requires a qualitative visual observation of each stormwater outfall. No analytical testing or sampling is required. 3 Sample Location: Stormwater Discharge Outfall (SDO) Page 10 Permit No. NCS000321 (4) Analytical Monitoring Requirements for Vehicle Maintenance Activities 1 Stormwater Discharge Character sties ni s Measurement Fre u n 2 Sample Tvoe Sample Location3 H standard annually Grab SDO Oil and Grease mgA annually Grab SDO New Motor Oil Usage gallons/month annually Estimate SDO Total Flow4 MG annually Grab SDO Lead, Total Recoverable5 ugh annually Grab SDO Total Suspended Solids m annually Grab SDO Detergents (MBAs)6 m annually Grab SDO Footnotes: 1 Stormwater discharges from any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall be monitored by the permittee as specified above. 2 Measurement Frequency: Once per year with samples taken within the sampling window of April through November. 3 Sample Location: Samples to be taken at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total Precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. 5 Total recoverable lead monitoring is required only at facilities where fueling occurs. 6 Detergent monitoring is required only at facilities which conduct vehicle cleaning operations. Page 11 Permit No. NCS000321 (5) Cut-off Concentrations for Vehicle Maintenance Activities For each parameter, the arithmetic mean of all analytical sampling results collected during the term of the permit shall be calculated for each individual outfall and compared to the cut-off concentrations listed below. If the arithmetic mean meets the specified cut-off concentration condition for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter at that outfall during the term of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring at an individual discharge outfall, the permittee is required to maintain facility operations that ensure the continuation of stormwater runoff quality. The permittee mus perform analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit term must be submitted with the permit renewal application. Stormwater Discharge Characteristic Cut-off Concentration H1 within range 6.0 - 9.0 Oil and Grease < 30 m I Lead, Total Recoverable < 0.33 mgA Total Suspended Solids < 100 m I Detergents (MBAS) < 0.50 m /l Footnotes: 1 pH cannot be averaged due to the nature of the logarithmic pH scale. The most recent pH sample result shall be used for cut off concentration purposes. Page L2 Permit No. NCS000321 SECTION B: SCHEDULE OF COMPLIANCE The permittee shall comply with Final Limitations and Controls specified for stormwater discharges in accordance with the following schedule: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as specified in Part I, Section A, 1. b. 2. of this permit, shall be accomplished within 12 months of the effective date of this permit. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater controls at optimum efficiency. Page 13 Individual Stormwater Page Al PART II STANDARD CONDITIONS FOR NPDES STOR.NM'ATER PERMITS ppwy `3J.{ sl FZ4rGW;MT4V The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. J=5FXFr4T74NdTr4WM1: 1' Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Calcu'.a:ion of Means Means shall be calculated according to the following definitions: Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers having a total storage capacity of greater than 1,320 gallons. 5. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. The rainfall runoff from or through any coal storage pile. Individual Stormwater Page AZ DENT or Division The Division of Environmental Management, Department of Environment, Health and Natural Resources. The Director of the Division of Environmental Management, the permit issuing authority. 9. E:IC The North Carolina Environmental Management Commission. MINEBUTiVeMmin.Ti.�iT� Any substance designated under Q CFR Part 116 pursuant to Section 311 of the Clean Water Act. 11. i gZc!�i l A disposal facility or pan 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 -tern storage facility or a surface storage facility. All municipal separate storm sewers that are either: Located in an incorporated place with a population of 100,000 or more as determined by the Decennial Census by the Bureau of Census; or Located in the counties with unincorporated urbanized populations of 100,000 or more, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or Owned or operated by a municipality other than those described in paragraph (a) or (b) and that are designated by the Director as pan of the large or medium separate storm sewer system. 13. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by muting operations. The owner or operator issued a permit. Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, runnel, conduit, well, discrete fissure, Individual Stormwater Page A3 container, roL'ing stock, or concentrated animal feeding operation from which pollu'wiLs are or may be discharged to waters of the state. A storm event that is between 0.2 and 0.8 inches of rainfall and which has a duration of greater than 3 hours and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. 18. S-condLry Con ain= Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 19. Section 313 Water Priority Chemical A chemical or chemical category which: Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Righmo-Know Act of 1986; Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR pan 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 20. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; futished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. Individual Stormwater Page A4 21. $ynificam Sri lc Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.72) orsection 107ofCERCLA (Kef: 40 CFR 302.4). NMI -Ina —M The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. �11 IN M 1014MM1• 4 i M \ The discharge from any point source which is used for collecting and conveying storm water and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. The term does not include discharges from facilities or activities excluded from the A-PDES program. The following categories of facilities are considered to be engaging in "industrial activity": Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter IN Pans 400 - 471 (except facilities which are exempted under (k) of this definition); Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28, 29, 30, 311, 32, 33, 3441, 373; Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations meeting the definition of a reclamation area under 40 CFR 434.11(1)) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge storm water contaminated by contact with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator, Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA; Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this definition) including those that are subject to regulation tinder Subtitle D of RCRA; Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards and automobile junkyards, including but limited to those classified as Standard Industrial CIassification 5015 and 5093; Individual Stormwater Page A5 Steam electric power generating facilities, including coal handling sites: Transportation facilities classified as Standard Industrial Classifications 40, 41, 42, 44, and 45 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under (a)-(g) or (i)-(k) of this definition are associated with industrial activity; Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including lands dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR pan 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially, reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the CWA; Construction acuviry including clearing, grading and excavation activities except: operations that result in the disturbance of less that five acres of total land area which are not pan of a larger common plan of development or sale; k. Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221.25, (and which are not otherwise included within (a)-Q) of this definition). For the categories of industries identified in (a) through 0) of this definition the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater. For the categories of industries identified in (k), the term includes only stormwater discharges from all areas listed in the previous sentence (except access roads) where material handling equipment or activities, raw material, intermediate products, final products, waste material, by-products, or industrial machinery are exposed to stormwater. Material handling activities include the: storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product The term excludes areas located on plant lands separated from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas. Individual Stormwater Page A6 Industrial facilities (including industrial facilities that are Federally or municipally owned or operated that meet the description of the facilities listed in (a)-(k)) include those facilities designated under 40 CFR 122.26(a)(1)(v). The precipitation event of a duration which will produce the maximum peak rate of runoff for the watershed of interest resulting from a rainfall event of an intensity expected to be equaled or exceeded, on the average, once in ten years. The flow corresponding to the time period over which the sample collection occurs. The total flow calculated based on the size of the area draining to the outfall, the amount of the built -upon (impervious) surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period. Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 27. I: f S � a. Grab samples are individual samples collected instantaneously. Grab samples that will be directly analyzed or visually monitored must be taken within the first 30 minutes of discharge. Grab samples for compositing purposes must be collected at no greater than 20 minute intervals. b. Composite Sample: a composite sample shall mean: (1) A flow -weighted composite sample, which is a mixture of aliquots collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of the discharge at the time the sample is collected; or (2) A time -weighted composite sample, which is a mixture of equal volume aliquots collected at a constant interval of time. A composite sample can be obtained from the collection of a series of grab samples, taken at intervals of no greater than 20 minutes for the entire storm event or the first three hours of the storm event. The grab sample to be composited must be of no less than 100 milliliters. Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. Solid particulate matter, both mineral and organic, that has been or is being transported by waver, air, gravity; orimfromils siwof origin which can be seen with the unaided eye. Individual Stormwater Page A7 30. «' ;ro iI- A.ny non -containerized accumulation of solid, non -flowing waste that is used for treatment or storage. 31. 25-year. 24 hour stnrm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Individual Stormwater Page A8 ]. Duty to Comp4 The perminee must comply with all conditionrof this permit Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the . permit has not yet been modified to incorporate the requirement b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed S25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of S2,500 to S25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of S5,000 to S50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition mad be assessed an administrative penalty not to exceed S10,000 per violation with the maximum amount not to exceed S125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] c. Under state law, a daily civil penalty of not more than ten thousand dollars (S 10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit [Ref: North Carolina General Statutes 143-215.6A] Any person may be assessed an administrative penalty by the Administrator for violaung section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed S 10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed S25,000. Penalties for Class II violations are not to exceed S 10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed S125,000. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment Except as provided in permit conditions on "Bypassing" (Part II, C.3.), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143.215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittm is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Individual Stormwater Page A9 4. O 1 and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the perminee from any responsibilities, liabilities, or penalties to which the permitme is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Prorem Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Se ezh.t;1. The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 7. Dun to Provide Information The perminee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifN ing, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The perminee shall also furnish to the Director upon request, copies of records required to be kept by this permit. 8. )x^ira:ion of Permi? The perminee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any perminee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-2153.6 and 33 USC 1251 et. seq. 9. $ignaton Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications shall be signed as follows: Q) 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 Individual Stormwater Page A 10 principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding,25 million (in secondquarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." •-.a .. .� ... .� -..1Zf4VKWT1TMTM93 a 94 9 1 It I i. I.� The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Individual Stormwater Page A 11 11. Pe:=it Actions This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. SECTION C: OPFRATION AND MA NTENANCF OF POLtmON CONTROLS The perminee 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 perminee only when the operation is necessary to achieve compliance with the conditions of the permit. Npp,! to Halt or Rrduc P not a Dpfrnsp It shall not be a defense for a permirtee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order w maintain compliance with the condition of this permit. Rvr,2cdnp of StnrmwaterControl Facilities Definitions (1) 'Bypass" means the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established or operating mode for the facility. ('_) "Severe property damage" means 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. Bypass Not Exceeding Limitations. The perminee may allow any bypass to occur which does not cause limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. Notice p) Anticipated bypass. If the pennittee ]snows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. Individual Stormwater Page AY2 (2) Unanticipated bypass. The perminee shall submit notice within 24 hours of an unanticipated bypass as required in Pan II, E. 5. of this permit. (24- hour notice). d. Prohibition of Bypass Bypass is prohibited and the Director may take enforcement action against a permittee for bypass, urdess: (1) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3) The permirtee submitted notices as required under Paragraph c. of this section. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in Paragraph d. of this section. 4.L nsets Definition "Upset " means an exceptional incident in which there is unintentional and ternpo,wy noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permitme. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. Effect of an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. C. Conditions Necessary for a Demonstration of Upset A permirtee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that . (1) An upset occurred and that the permittee can identify the cause(s) of the upset; Individual Stormwater Page A13 (2) The permitted facility was at the time being properly operated; and (3) The perminee submitted notice of the upset as required in Pan II, E. 5. (b) (B) of this permit (4) The permium complied with any remedial measures required under Part II, A. 2. of this permit d. Burden of Proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. SECTION D: NIONTrORING AND F O S er•e�entati�e SarrnL+ Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points shall not be changed without notification to and approval of the Director. KeP0^one Duplicate signed copies of all reports required herein, shall be submitted to the following address: DiNision of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, Torah Carolina 27626-0535 w \'te�(ii.empr. Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Repotting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved Individual Stomswater Page A-14 methods are determined capable of achieving minimum detection and reponing levels below general permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. POSEFOWIMM -"N .a - The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than b10,000 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 that S20,000 per day of violation, or by imprisonment of not more than 4 years, or both. MENSMARMFI-9:. .1 The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. For each measurement, sample, inspection or maintenance activity performed or taken pursuant to the requirements of this permit, the permittee shall record the following information: The date, exact place, and time of sampling, measurements, inspection or maintenance activity; The individual(s) who performed the sampling, measurements, inspection or maintenance acti,67ty; The date(s) analyses were performed; d. The individual(s) who performed the analyses; The analytical techniques or methods used; and The results of such analyses. The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; Individual Stormwater Page A15 a. Enter upon the perminee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable tunes, any records that must be kept under the conditions of this permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and 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. The perminee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permited facility. Notice is required only when: The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Pan 122.29 (b); or The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to noti:`tcation requirements under 40 CFR Pan 122.42 (a) (1). Antici;atd NoncompljLnce The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with the permit regtnrements. Trgzsfer; This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Monitoring results shall be reported at the intervals speed elsewhere in this permit M M&CIM��� �• 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 Individual Stormwater Page A16 of the circumstances. A written submission shall also be provided within 5 days of the time the perminee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24. hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. The Director may waive the wrinen report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 00—r \onco-;'>ar1 The permittee shall report all instances of noncompliance not reported under Pan II. E. 4. and 5. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Pan II. E. 5. of this permit. 7. 0:`ier L_for-;ation Where the perminee becomes aware that it failed to submit any relevant facts in a notice of intent to be covered under this permit or in any report to the Director, it shah prompdy submit such facts or information. 8. A% -lability- of R c Except for data determined to be confidential under 1`CGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 liSC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in A'CGS 143- 215.613 or in Section 309 of the Federal Act 9, 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 permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than 510,000 per violation, or by imprisonment for not more than two years per violation, or by both. Individual Stormwater Page A17 PART III LIMITATION'S REOPENER This permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard 'issued or approved under Sections 302(b) (2) (c), and (d), 30*) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: contains different conditions or is otherwise more stringent than any effluent Limitation in the permit-, or controls any pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART IV ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The perminee must pap the administering and compliance monitoring fee within 30 (thiny) dais after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to reNoke the permit. NO. I DATE I APPR. N ry 0 0 fZ OI REVISION I NO. I DATE I APPR. REVISION STORMWATER POLLUTION PREVENTION PLAN LUBRIZOL GASTIDMA, NORTH CAROLINA RHODIA GROUNDWATER TREATMENT 23 91-38 (TRACT 2) ERM TELEGRAPH ORNE 60' RK OF WAY t LEGEND ABOVE GROUND STORAGE TANK CATCH BASIN STORMWATER PIPING DRUMS USED PALLETS DUMPSTER SCRAP METAL FLOW DIRECTIONAL ARROWS WATERSHED IMPERVIOUS PERVIOUS TOTAL AREA AREA AREA 01/02 7,68AC 2,91 AC 10,59AC 03 R AC 2,21 AC 2,21 AC 04 0m10AC 0m92AC 1,02AC Nt �T SITE PLAN AND DRAINAGE PATTERNS SCALE l"=60, DATE DECEMBER1999 CLIENT APPROVAL 0 N PROJECT NU. AutoCAD R-14 ISSUED FOR DATE �234 BFGOOD 9234SITE.DIWG SCALE IN FEET 60 o- 60 DRAWING NO. 2 REV. N = 71: NO. 1 DATE 1 APPR. I REVISION FA NO, DRUM STORAGE \ n� _ - PAVEMENT BUILDING #13 ou9A ' c • � j� \ � / CONCRETE \ ✓ P P - TANK F iT-16 WATER\jjj1 \ D01�'( � 28 DWI \ 72s 'Z A U7E NLTNCtMATE T gOSTIC V$CA \\\ T-3 \ CRIEWR NYL ACOil ETATE ACR IM. I ACRyUC 1 /# pPLANl R IF! _Paz g _ NtIFMI Yf AREA /GRAVEL Rmpi UMS �rov / 1 ,a' ikV •s• DRUMS II RL r Na h RHODIA \ 0.TER TREATMENT i1-38 (TRACT 2) G / I - d RECR/ m i I(\ / GRASS .�-Vy° / ) AB ASTS S,Yar(rarL O O O Ewsr. n bER I / / UUNNtlDUT ' \ 00 / /// ,,�~,n '��: v�✓, ' I RYLORITR / WATER 7�J0 � r ATER TREATNENr \ ro ��Lp ' /// I!/ ASPHALT AREA i I IA/ / p / WATERS D =1��;� I I 01 /Q _ I �I / � 11 / MflNACRYIATE �, ✓iir' iM+. T�. � / x � �a ; t / I i t El AA I1 RAILER PARKING I LOT J / 720 / I ' D ORANEL tlL=_ SPEED BUMP Z� v ✓ I \'n �' / y �. / -752— \ \ rc I 0 �- / /� /SBR CAS .50 718 / \ TRENCH DRAT ,{ -> `jam �/J ,jJ E III /I— 1 C.__....�� \ �q 1 / / y,Y54 _ \ Z�� ,�? �' \ � S � � d• ,p, 16• 7t8 ",o 6 1 z 4 ib 1- \ 1l1b 1 i ^ r n II I/ SPILL w� CONTROL a SBR POLYMER � ; coNc. WATERry� BASIN �n AREA PLANT IC N R E PAD / TMK /WEu ' N ti LW RI 3 I ■ DOtGUE S*W GATE W. I88 - _- - - - - - _ — 714 7 _I/ I r GRAVEL �I / ��� ,IJI i m AREA T �r1 ^y0 Oo OIL pl \ \� r o L I _ / I, PIPE PIT � r — J ■ CB [�'-' n CB � OIL�� ert ■ SKIT ` f ERCAPTANROSOL ® Z I rtK STORAGE \e STYRENE Ca L (SOAP) o O 1C REwOVEERRED i �Y O O WATER TREAT. !/ �` STYRENE CONCRETE w Wm d ' l 'Y'1-- I ' n \ ` \\ w /-� I ' ` fN5 4 / DECANTER-STYR NE T /-�- Drrc GRAZ S011 AND GRAVEL AREA GRAVEL AREA / J ab /_ 40 1 I _ h �iAA qA2 /0� YA 0�— „ Yrr I A a N V-1 / % ( WATERSHED +� 04 '' GRAVEL AREA Yc�g'`?� eio'� 4 APPR. REVISION STORMWATER POLLUTION PREVENTION PLAN LUBRIZOL GAMMA, NORTH MOUNA ERM IEIEC.RAPII ORIVE 60• RIONT OF WAY LEGEND ABOVE GROUND STORAGE TANK ® CATCH BASIN STORMWATER PIPING DRUMS USED PALLETS DUMPSTER v�M" SCRAP METAL FLOW DIRECTIONAL ARROWS WATERSHED IMPERVIOUS PERVIOUS TOTAL AREA AREA AREA 01 /02 7.68 AC 2,91 AC 10,59 AC 03 ., AC 2o21 AC 2.21 AC 04 0.10 AC 0.92 AC 1.02AC \ N-� -- , {- SITE PLAN AND DRAINAGE PATTERNS SCALE DATECLIENT APP OVAL —(� I (� �A � "t "=60' DECEMBER 1999 PROJECT NO. Auto —14 ISSUED FOR DATE 94234 BFGOOD 9234SITE.DWG N SCALE IN FEET 60 0 60 DRAWING NO. 2 REV. NO. NO. I DATE I APPR. REVISION s6s° � <• rELEc APH DalvE Q ' 764 p A 756 n 754 FUELIN STATION PROCESS COOLING WATER SLOWDOWN v ' LATEX 99RAILER3 COMPOUND TT 167 n PLANT D _ UNLOADIN 4 ��_ U ❑ AREA --7c ZF TE MEDIACRYUTE / a T-38 o � I I 7 I VINY 1 ACETATE BUILDING #9 I I T-20 T-33 1 DRUM STORAGE" ® SILO \acRp.ATE /I' T PAVEMENT ASPPALT,___ BUILDING #13 \ J� a' CONCRETE 4 n I \ J PROPA TANK I i \ / GRASS ARE�j56 — ,:, J / AR RE(171NO2 1 C'AN tllLG. ENT I p o' AC�2RYLORITR —750,— 1 J ASPHALT AREA i /F WATERS�ED 011 I METHYL CAUSTIC T-9 � Lei ACLjC PDL MER PLANT IliI f:. SLMGE SETTLEMENT O AREA (NOT N USE) 742 40738 736 34 2 �\ 30 00 \ \ 28 \ a 726 SOBER 742GRAVEL AREA )I /Ow/j/v1/ IF JAL 'IT i Inl _ _' A ^i I 1 w \ I I I I TRAILER i PARKING LOT / i SPEED BUMP K / ,��49, O /, SBR ¢ WAS E GAS yY54 FLARE < PA 3IF-GO9DR1CH 31-38 (TRACT 2) �' � I J / ye 1 I 1 ^ 1(` SBR POLYMER COI �\1 SPILL CONTROL WATER BASIN « GRASS PLANT PAD ! i, / / ��/ ' (� Z AREA /- TSNK a / CDCROE GIiY/wEu I IN FI / 'DOCK / SWMC GATE GRAVEL �I �. 1 - — — _ — AREA ^y� I FUEL FUEL I y _ QO OIL OIL i PIPE PIT T — -� } ; _ NaOIL AIT Epp \ I� wwrm wac I Y ;r. _.T. v'"• �SVILL ( DRAT � KIi 1161ELN� I MERCAPTAN ) i 1A -AEROSOL ® i TE y �J STORAGE a C , STYRENE CB L (SOAP) COOWG G ORM EL1C RECMERED rowm gp ✓Sr WE WATER O WATER TREAT. ' ! STYRENE — x � 1 I I_ A \ CONCRETE \ < m Sni I �I 4 �-- �� BUTADIENE —A—� —� — DECANTER-STYR NE \ w ' / T !(. r— I I ' —I —o _— _-j-GAS 3 y \ \ = Q SOIL AND GRAVEL AREA y / / % '• I �� ♦ 74 0GRAVEL AREA a1 / /-/ � ' `a �� I � I I � ♦ / i 1 ( I ♦ ♦ WATERS If HED �/ GRAVEL AREA ♦ ♦ — 04 L— S76° 58'-01 "W A�m NO. 1 DATE 1 APPR. REVISION STORMWATER POLLUTION PREVENTION PLAN Noveon Incorporated GASTONIA, NORTH CAROLINA ERM TELEGRAAi DRIVE W' RIGHT OF WAY 3 0 IF 3 Sg7a LEGEND ABOVE GROUND STORAGE TANK � CATCH BASIN STORMWATER PIPING .Z DRUMS USED PALLETS DUMPSTER SCRAP METAL FLOW DIRECTIONAL ARROWS WATERSHED IMPERVIOUS PERVIOUS TOTAL AREA AREA AREA 01 /02 7,6 AC 2,91 AC 10,59 AC 04 0.10 AC 0,92 AC 1.02 AC b SITE PLAN AND DRAINAGE PATTERNS 1 "=60' 9234 BFGOOD DECEMBER 1999 �-14 9234SITE.DWG N SCALE IN FEET 60 0 60 DRAWING NO- 2 SHEET REV. NO. I I-� I IL I �, �.Ii1li ;,L,I 1 NO. 1 DATE J APPR. I REVISION N0. I DATE I APPR. REVISION SAC 58'-OI'W STORMWATER POLLUTION PREVENTION PLAN Noveon Incorporated GASTONIA, NORTH CAROLINA ERM . �F--694DR,Gk1 2391-38 (TRACT 2) ,erec o W RK:HT OF .AY LEGEND ABOVE GROUND STORAGE TANK CATCH BASIN STORMWATER PIPING A DRUMS USED PALLETS DUMPSTER SCRAP METAL FLOW DIRECTIONAL ARROWS WATERSHED IMPERVIOUS PERVIOUS TOTAL AREA AREA AREA 01 /02 7.68 AC 2.91 AC 10.59 AC 04 0.10 AC 0.92 AC 1.02 AC V SITE PLAN AND DRAINAGE PATTERNS 1 "=60' 9234 BFGOOD DECEMBER 1999 N SCALE IN FEET 60 0 60 DRAWING NO- 2 REV. NO.