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HomeMy WebLinkAboutNCS000041_Draft Permit and Historical File_200908254a _ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freemart. Governor Director Secretary August 25, 2009 f Mr. Ken Golder Clariant Corporation PO Box 18278 Charlotte, NC 28218 Subject: Draft N,PDES Stormwater Permit Permit No. NCS000041 Mount Holly West (MHW) Facility %' n r �u�rc...cunty Dear Mr. Golder: Enclosed with this letter is a copy of the draft stormwater 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. Analy tical monitoring parameters, Oil and Grease, BOD, COD, TSS, Phenols and pH, have been maintained in this permit. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II 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. 3. 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 . eks and implementation of a m.itiga on purl within two nionntlns. If during tine 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. 4. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 5. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. Wetlands and Stormwater. Branch iy TOne tt 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Qj thCai O a Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone, 919-807-63001 FAX: 919-807-64941 Customer Service:1-877-623-6748 Natiffilli'm Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Mr. Ken Golder Clariant Corporation Permit No. NCS000041 6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 7. 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 TMDL established. It must also describe potential pollutants in each oiltfall. 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 itutt-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More detetils regaidittg seco ndwy coittxuurteitt are provided. 3. Additional requirements for the Stormwater Pollution Prevention PIan have been. specified in Part 11 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_awe_mi=a_nnuallac lity_I spectionPxngram of the site's storrnWater =- - - management controls as specified in Part II 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 §1.22.26(g), the facility may qualify for a No Exposure Exclusion from NP,DES 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: httn://h2o.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 meat (919) 807-6368 or brian.lowther@ncdenr.gov cc: Mooresville Regional Office Stormwater Permitting Unit Attachments: Draft Permit Sincerely, Brian Lowther Environmental, Engineer Stormwater Permitting Unit 2 LT- a•WYWJ NCDENR North Carolina Department'of Environment and Natural Resources Beverly Eaves Perdue Governor DATE:. August 27, 2009 TO: Gaston Gazette FAX: 704-884-3031 Division of Water Quality Colecn H. Sullins Director FROM: SARAH YOUNG, DIVISION OF WATER QUALITY SUBJECT: PUBLIC NOTICE PAGES: 1 Dee Freeman Secretary Please publish only the information (Public Notice) below, ONE TIME in the legal section of your paper by Tuesday, September 1, 2009. Please 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 NC DIVISION OF WATER QUALITY INTENT TO ISSUE A STORMWATER DISCHARGE PERMIT Public comment or objection to the draft permit is invited. Submit written comments to DWQ at the address below. All comments received prior to October 1, 2009 will be considered in the final determination regarding permit issuance and permit provisions. Application: Clariant Corporation, PO Box 18278. Charlotte, NC 28218 has applied for an NPDES permit to discharge stormwater from an industrial facility at: Mount Holly West (MHW) Facility, 625 E Catawba Ave., Mount Holly, NC, Gaston County. The facility discharges to the Catawba _River. Copies of the draft permit, No. NCS000041, are available at: http://h2o.enr.state.nc.us/su/publicnotice.htm . Additional permit documents are available for the reproduction cost at: DWQ Stormwater Permitting Unit 512 N. Salisbury Street (location, zip 27604) 1617 Mail Service Center (mail) Raleigh, NC 27699-1617 DWQ Contact: Brian Lowther (919)-807-6368 brian.lowther@ncdenr.gov Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919-807-6494 \ Customer Service: 1-877-623-6748 Internot: www.ncwaterquality.org An Equal opportunity \ Affirmative Action Employer One NorthCarohna Naturally 08/28/2009 10:49 7048843031 PACE 02/02 Page 1 of 2 08/28/2009 10:24:20 Ad Number 54481046 Ad Key Order Number 54443048 Salesperson 68 - Bernadette Fberli PO Number No. NCS000041 Publication Gazette Customer 30292309 NCDENSVDWQlStormwater PermSectionljt Classified Section Contact Sarah Young Sub Section Classified Section Address1 1617 Mail Service Center Category Legals 000 Address2 Dates Run 09/01/2009-09/01/2009 City St Zip Raleigh NC 276991 i317 Days 1 Phone (919) 780-7636 x8 Size 1 x 6.25, 61 lines Fax (919) 733-0719 Words 148 Credit Gard Ad Rate L2 - Gaston Printed By Bernadette! Eberli Ad Price 140.45 Entered By Bemadette Eberli Amount Paid 0.00 Amount Due 140.45 Keywords Clariant Corporation/Mount Holly Weet (MHW) Foojli Notes Zones NC DIVISION OF WATER QUALITY INTENT TO ISSUE A STORMWATER DISCHARGE PERMIT Public comment or objec- tion to the draft permit is in- vited. Submit written com- ments to DWQ at the ad- dress below. All comments received prior to October 1, 2009 will be considered in the final determination regarding permit issuance and permit provisions. Application: Ciariant Cor- poration, PO Box 18278, Charlotte, NC 28216 has applied for an NPDES per- mit to discharge storm - water from an industrial fa- cility at: Mount Holly West (MHW) Facility, 625 E. Ca- tawba Ave., Mount Holly, NC, Gaston County. The facility discharges to the Catawba River. Copies of the draft permit, No. NCS000041, are avail- able at: h%3:11h2o.enr. itate.nc. us1suloutJionotice. htM_ Additional permit doc- uments are available for the reproduction cost at: DWQ Stormwater Permitting Unit 512 N. Salisbury Street (location, zip 27604) 1617 Mail Service Center (mail) Raleigh, NC 27699-1617 DWQ Contact: Brian Lowther (919) 807-6368 bdan.lowther@ncdenr.gov 1 C September 1, 2009 AFFIDAVIT OF INSERTION OF ADVERTISMENT The Gaston Gazette Gastonia, N.C. Gaston County The Gaston Gazette does certify Clariant Corporation/Mount Holly Measuring 6.25 inches appeared Gaston County, Gastonia, N.C., i 09/01 /2009. Name of Account: NCDENR/DV Order Number: 54443048 Ad Number: 54481046 Sworn to, and subscribed beforE Tina McCombs, Notary Public My Commission Expires July 4, 2012 A4 NCDENR. North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 31, 2009 Individual NPDES Stormwater Permit Renewal Transmittal Cover Page To: Mooresville Regional Office Subject: NPDES Stormwater Permit No. NCS000041 Clariant Corporation (Mount I lolly West Plant) Mount Holly, NC (Gaston County) Attachment Description ® Skiff Re url ® Draft Permit Z Renewal Aplic;al.iun AUG — 5 2009 Please provide comments on the draft permit and sign staff report if acceptable. Return to Brian Lowther at the Central Office by August 31, 2009. Brian Lowther Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Wetlands and Stormwater Branch One 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 NOS ti O�llla Location: 512 -8 N. Salisbury St. Raleigh, North Carolina r S604 � �L titl �Li� 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 G ;o 6 96ed sinoH SZ'0 = E)n'1 °ll X 9'0= Elv"I sa;nulW ZT k ® wil Mitt rupununs - -- - so nulW £'SZ ,1 lelol cna13 jntolr uv; rn c;ua uo� aucU L sa;nuslry E'r~ II jo jq dZQ71 ..L. pa#nuLuaa (paurnsse) oast,; S :00010A Y 08£ :41 ual rnoU lauuoya ua : a j £# asb-qd cno73 !0qnmttq 9'0 .ro `ay A0'0 .la pamn uroo aas/Il9TV-'AM0016A paan 1.1/7.1 80'0 :ado -is paavdun=n n m :WBUB n :aoe;ans at5l.3 lv quVMS :a is asoyd cnol, sa;n rW t''E'Z j, pa;n uro:) ;J/y no-0 a o/s salge; oaj IIZ'0 :anleA „N„ 4 00E :w ua7 axat jaa *adqT zfi asnu� cnoz; cnol,4 padw ivauLdolaaaa-a-w :uon.quaauojo auc2Z lelol S}o PIT O S1a 176'8 = Z£'O� t7'Z�99'06 WIN SZ = 01 SS'ot = piaz3 uadO @PIS aaueajug je uoiIuajaaotg - g utSeg .L�-t palelnoIuD a.L /M poTI}aw pmogeg "4-va ulsvfT 6o•t t-,e :QHSIAad oSS aj�nS :.xQ a.ien%S peac4azoN Toot u2ls;aQ iiolu2ts llnquin .x:.12 :Ikg ttio-so :,ON aof Ua `JL ; NCS000041 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE EI In compliance with the provisions of North Carolina General Statute'143-215.1, other lawful standards and regulations promulgated and adopted bly the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Clariant Corporation is hereby authorized to discharge storniwatei fioin a facility located at olly West (MHW) Facility 25 E Catawba Ave Mount Holly, NC Gaston County to receiving waters designated as the Catawba River, a class WS-IV; CA stream in the Catawba River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective December 1, 2009. This permit and the authorization to discharge shall expire at midnight on November 30, 2014. Signed this day November 13, 2009. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000041 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 FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability E. 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 3. Signatory Requirements i Permit No. NCS000041 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 Rocording Rosults 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. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No. NCS000041 PART I 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. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must submit a No Exposure Certification NOI form to the Division; must receive approval by the Division; must maintain no exposure conditions unless airthori7ed to discharge under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once every five (5) years. SECTION B: PERMITTED 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 that has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All stormwater 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. The stormwater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. 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 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000041 NCS000041 Mo 5C,91a 1,24,000 Clariant Corporation Latitude: 35c' 1739" N Longitude: 810 00' 23" W County: Gaston Recd�ing Stream: Catawba River Stream Cass: WS-IV; CA Sub -basin: 03-08-33 (Catawba River Basin) Facility Location Part I Page 2 of 2 Permit No. NCS000041 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 (USUS 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. The general location map (or alternatively the site map) shall identify whether each receiving water is impaired (on the state's 303(d)'list of impaired waters) or is located in a watershed for which a TMDL has been established, and what the parameter(s) of concern are. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (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 III, Standard Conditions, Section Part II Page 1 of 9 Permit No. NCS000041 B, Paragraph 5. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. 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 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 Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title. III of the Superfiind Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism), 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 any material. Records documenting the individual malting 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 listing of site structural and non-structural Best Management Practices (BMP) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 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 the team) responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible Part II Page 2 of 9 Permit No. NCS000041 person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed. The program shall list all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process haul roads), all drainage features and structures program shall establish schedules of inspection activities of stormwater control systems, as wel facility systems that present a potential for store Inspection of material handling areas and regut be incorporated into the program. Timely com] inspections, maintenance, and housekeeping sh in the SPPP. 5. Employee Training. Trai minimum on an annual b, and cleanup, preventative that have the potential to responsible for implemen shall be documented by tl and unloading areas, and tructural BMPs 'Yhe maintenance, and housekeeping as facility equipment, facility areas, and iwater exposure or stormwater pollution. r cleaning schedules of these areas shall liance with the established schedules for JI be recorded in writing and maintained ig programs shall be developed and training provided at a s for facility personnel with responsibilities for: spill response .aintenance activities, and for any of the facility's operations ritaminate stormwater runoff. Facility personnel (or team) .g the training shall be identified, and their annual training signature of each employee trained. 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. 7. 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. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. 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 Part 11 Page 3 of 9 Permit No. NCS000041 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 5) to the Director that the changes have been made. 8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part II B and C of this permit. 9. Implementation. The permittee shall implement the Plan. Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or the Director's authorized representative immediately upon request. Part II Page 4 of 9 Permit No. NCS000041 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. `fable 1. Analytical Monitoring Requirements' Discharge Characteristics Units Measurement Frequencyl Sample Type2 Sample Location3 Total Suspended Solids mg/L semi-annilal Grab SDO Biochemical Oxygen Demand mg/L semi-annual Grab SDO Chemical Oxygen Demand mg/L semi-annual Grab SDO Oil & Grease mg/L semi-annual Grab SDO Phenols mg/L semi-annual Grab SDO pH standard "' semi-armual Grab SDO Total Rainfall4 inches semi-annual Rain Gauge - Footnotes: 1 Measurement Frequency: Twice per year during a representative storm event. 2 Grab samples shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Part II Page 5 of 9 Permit No. NCS000041 Table 2. Monitoring Schedule Monitoring period1,2 Sample Number Start End Year 1 — Period 1 1 December 1, 2009 May 31, 2009 Year 1 — Period 2 2 June 1, 2009 November 30, 2010 Year 2 — Period 1 3 December 1, 2010 May 31, 2011 Year 2 — Period 2 4 June 1, 2011 November 30, 2011 Year 3 — Period 1 5 December 1, 2011 May 31, 2012 Year 3 — Period 2 6 June 1, 2012 November 30, 2012 Year 4 — Period 1 I December 1, 2012 May 31, 2013 Year 4 — Period 2 8 .Tune 1, 201 1 November 30, ?.013 Year 5 — Period 1 9 10 December 1, 2013 May 31, 2014 Year 5 — Period 2 June 1, 2014 November 30, 2014 Footnotes: 1 Maintain semi-annual monitoring during permit renev Permit, the permittee has submitted an application for the permittee will be considered for renewed coveragf monitoring until the renewed Certificate of Coverage' 2 If no discharge occurs during the sampling period, the "No Flow" within 30 days of the end of the six-month The permittee shall report the analytica monitoring period. The permittee shall Table 3. The benchmark values in Tal the permittee's Stormwater Pollution P require the permittee to increase monitc and/or install stormwater Best Manages descriptions of Tier One and Tier Two. If at the expirationof the Individual coverage before the submittal deadline, ;cant must continue semi-annual must submit a monitoring report indicating period. ilts from the first sample with valid results within the pare monitoring results to the benchmark values in are not permit limits but should be used as guidelines for Ltion Plan (SPPP). Exceedences of benchmark values , increase management actions, increase record keeping, Practices (BMPs) in a tiered program. See below the Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark Total Suspended Solids mg/L 100 Biochemical Oxygen Demand mg/L 30 Chemical Oxygen Demand mg/L 120 Oil and Grease mg/L 30 Phenols mg/L 4.5 pH standard 6-9 Part 11 Page 6 of 9 Permit No. NCS000041 Tier One If. The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Tier Two If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall; Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark' value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values or within the benchmark range. 3. If no discharge occurs during the sampling period; the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. Part lI Page 7 of 9 Permit No. NCS000041 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 in Table 4, during the analytical monitoring event. [If analytical monitoring is not required, the permittee still must conduct semi- annual qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In [lie event an atypical condition is noted at. a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qualitative Monitoring Requirements Discharge Characteristics Frequency] Monitoring Location2 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 Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: I Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 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 than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance Part II Page 8 of 9 Permit No. NCS000041 areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units =' Measurement Fre uenc 1 Sample Type2 Sample Location3 pH standard semi-annual Grab SDO Oil and Grease mg/l semi-annual Grab SDO Total Suspended Solids mg/1 semi-annual Grab SDO Total Rainfa114 inches semi-annual I Rain gauge INew Motor Oil Usage gallons/month semi-annual I Estimate - Footnotes: I Measurement Frequency: Twice per year during a represe permit is issued for this facility or until this permit is revol the permittee has submitted the appropriate paperwork for pennittee will be considered for a renewal application. T i the renewed permit is issued. See Table 2 for schedule of: cycle. 2 If the stormwater runoff is control pond shall be collected within the Sample Location: Samples shall be collect( stormwater runoff from area(s) where vehic 4 For each sampled repr gauge reading must be m event, for each year until either another nded. If at the end of this permitting cycle )ermit before the submittal deadline, the must continue semi-annual monitoring until periods through the end of this permitting r detention pond a grab sample of the discharge from the discharge from the pond. stormwater discharge outfall (SDO) that discharges lance activities occur. the total precipitation must be recorded. An on -site or local rain Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater best Management Practices (BMPs), as provided in Part 11 Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark pH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 Part II Page 9 of 9 Permit No. NCS000041 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stoimwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished within:12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time and existing facilitiespreviously permitted and applying for renewal under this permit: 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 II, 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 reissuanee, of modification; or denial of a permit upon renewal application. a. 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 $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or iniplisoinnent for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CPR 122.41(a).] Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC 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 $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed Part III Page 1 of 8 Permit No. NCS000041 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 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. Civil and Criminal Liability Except as provided in Part lll, 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, 143-215.6R, 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 issuauce 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. 7. 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. Part III Page 2 of 8 Permit No. NCS000041 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual 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 clays 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. Transfers This permit is not transferable to any Director may require modification or incorporate such other requirements required to notify the Division in ," Signatory Requirements All applications, reports, a. All applications ,pt after i notice to and approval by the Director. The and reissuance of the permit to change the name and icessary under the Clean Water Act. The Permittee is e event the permitted facility is sold or closed. submitted to the Director shall be signed and certified. under this individual permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. 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 Part III Page 3 of 8 Permit No. NCS000041 4. 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. C. 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 " The issuance of this individual permit does not individual permit, revoking and reissuing the it allowed by the laws, rules, and regulations con and 123; Title 15A of the North Carolina Adm General Statute 143-215.1 et al. 5. Permit Actions The permit may be modified, revol< changes or anticipated noncompliai SECTION C: OPERATION AND MAIN 1. Proper Operation and Maintenance ctor from reopening and modifying the or terminating the individual permit as , Code of Federal Regulations, Parts 122 Subchapter 2II.0100; and North Carolina or terminated for cause. The notification of planned not stay any individual permit condition. OF POLLUTION CONTROLS 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. 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 Part III Page 4 of 8 Permit No. NCS000041 b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and 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. Recording Results For each measurement, sample, h specdou 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, The analytical techniques or methods used; and The results of such analyses. 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 L1SC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. Part III Page 5 of 8 Permit No. NCS000041 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. 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 Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain record-, 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. 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 pi,esentation of credentials and othei documents as unay be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this 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 delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional Office in February of each year. The submittal shall be on forms supplied by the Division. Part III Page 6 of 8 Permit No. NCS000041 When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the six-month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division, and shall retain the completed forms on site. Visual monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Quality 1617 Mail Service C'entor Raleigh, North Carolina 27699-1617 In addition, a separate signed Annual Summary DMR Office (RO) by March 1 of each year. Addresses for each RO and the counties covere( litti)://www.eiir.state.iie.us/lititil/regioiialoffic on site. Visual monitoring results should not be specifically requested by DWQ. Availability of Reports be submitted to the local DWQ Regional O can be found here: 'he permittee shall retain the completed originals to the Regional Offices or Central Files unless 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. 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. 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. Part III Page 7 of 8 Permit No. NCS000041 Spills The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined in Part VI of this permit. Additionally, the pennittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 8. Bypass 10 11 a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Twenty-four Hour Reporting The permittee shall report to the central office or the may endanger health or the environment. Any infon the time the permittee became aware of the circumst; within 5 days of the time the permittee becomesawa The written submission shall contain a noncompliance, including exact dates anticipated time compliance is expecte prevent reoccurrence of the noncompli )rihte regional office any noncompliance which shall be provided orally within 24 hours from A written submission shall also be provided the noncompliance, and its causes; the period of if the noncompliance has not been corrected, the and steps taken or planned to reduce, eliminate, and 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. Other Information Where the permittec becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this Individual Permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 NCS000041 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revolted 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 Act then applicable. PART V ADMINISTERING AND The permittee must pay the administering and the Division. Failure to pay the f Division to initiate action to revo Act See Clean Water Act. in other requirements in the MONITORING FEE ig fee within 30 (thirty) days after being billed by with 15A NCAC 2H .0105(b)(4) may cause this DEFINITIONS 2. 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. 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. More information on BMPs can be found at: http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfi-n. 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. 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. Parts 1V, V and VI Page 1 of 4 Permit No. NCS000041 6. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. 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 DWQ The Division of Water Quality, Department of Environment and Natural Resources. y Director The Director of the Division of Water Quality, the permit is 10. EMC The North Carolina Environmental Management 11. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 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. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but aie not liurited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR § 122.26(g) 16. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under an Individual Permit. 17. Permiee The owner or operator issued a certificate of coverage pursuant to this Individual Permit. Part VI Page 2 of 4 Pages Permit No. NCS000041 18. 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 fiom which stormwater is or may be discharged to waters of the state. 19. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. 20. 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. 21. Secondary Containment Spill containment for the contents of the single largest freeboard to allow for the 25-year, 24-hour storm ever structure plus sufficient 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 111, Section 313 reporting requirements; and C. Meets at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on 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. 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, slag 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). Part VI Page 3 of 4 Pages Permit No. NCS000041 26. Stormwater Discharge Outfall (SDO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. Stormwater Associated with Industrial &ti_v_ity 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. 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details mea is based on an evaluation of the pollution potential of 30. Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and water body and pollutant. (A list of appro� http://h2o.enr.state.ne.us/tmdlo reduce stormwater pollution and quality standards, in all seasons, for a specific state of North Carolina can be found at 31. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 32. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 33. 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. 34. 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 4 of 4 Pages NCS000041 STAFF REVIEW AND EVALUATION NPDES Stormwater Permit' Dee Freeman Secretary Facility Name: Clariant Corporation. NPDES Pcrmit Numbcr: NCS000041 Facility Location: 624 E Catawba Ave, Mount Holly, NC (Gaston County) Type of Activity: INDUSTRIAL ORGANIC CHEMICALS SIC Code: 2869 Receiving Streams: See Figure 1 River Basin: Catawba River Basin, Sub -basin 03-08-33 Stream Classification: WS-IV; CA Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table 1 Response Requested by (Date): %/31) a°) Central Office Staff Contact: Return to: Brian Lowther, (919) 807-6368 Special Issues: Issue Rating Scale: l(easy) to 10(hard) Compliance history 5 Benchmark exceedance 5 Location (TMDL, T&E species, etc) 6 Other Challenges: • Getting the chemical list 3 Difficulty Rating: 19/40 Description of Onsite Activities: • The Clariant Corporation's Mount Holly Plant is located on either side of the Catawba River. The East plant is located in Mecklenburg County and the West plant is located in Gaston County. The facilities have a combined employment of 352 people and operate seven days a week 24 hours a day. The West Plant is an Organic Specialty Chemical Plant. They make over 200 different products from Soap, bug spray to personal care items Page 1 of 9 NCS000041 Documents Reviewed: • NPDES Stormwater Permit Application Materials • National Heritage Program (NHP) Threatened and Endangered Species Database • SPU File • Central Files • EPA Sector -Specific Permit, 2008 • 303(d) List, 2008 draft, 2006 final • . 2004 Catawba Basinwide Plan History: • August 31, 1994: Date permit first issued. The permit requires analytical monitoring for Oil and Grease, BODS, COD, TSS, Phenols, and pH. Sampling was required annually. • April 28, 1997: Ownership name change from Hoechst Celanese Corporation, Sou -Tex Plant to Clariant Corporation, Sou -Tex Plant • July 25, 1997: Date permit reissued with name change. • February 19, 1999: Renewal Letter sent to Permittee. • May 12, 2003: Date permit re -issued. The permit requires analytical monitoring for Oil and Grease, BOD5, COD, TSS, Phenols, and pH. Sampling was required annually for the first 4 years. • June 24, 2009: Date permittee submitted renewal application. Page 2 of 9 -zments reviewed, the application information submitted on June 24, 2009 .lwater Permit. Date apervisor / J`G"""— Date I Fi '0? for B dley Bennett A Off Date 9 —� —'Dq ,upervisor i / Date e Staff Comments (attach additional pages as necessary) Gi 117 vS/%Te9 6 t-I ����l, oq r-Do fvC�ti ou i f!,UL �! Tfh2e'eEd -) Gl ,�,:;ee To Ot/ ,�.ov� i � 5'�c -' � L5q-S • �w�I/c�- � Go•✓l /�"1 /'��C"fl j��� jS hf D C oAj 1�4r A-L(- DI�2U M S �a T-5 �o ILTI+ L.) A42-0v+�� 7H7e� r y /Lulls f �lS � R�'� C — 60 Love L C, W Pr�'E-1R—��✓G� A,�.�. tau T C�� S� � Go.argo(. g% ttj ©Fr2�2 if Gox4�1 S ??� �s Pell-101 I' N 'LG J � - 'Zc, v Ys . iT La., !q t c� ..� L '�s G .� LC--ti.. �. t► b hJ ..T�1 f-�' ts'►�-- ,3 G� </}�+ C r O J S C v.�.i.++ t�L C `b�.J • � �-- ^� L L.T, �,� /,q 1✓13 � wt� ��c..V �o Page 9 of 9 NCS000041 NCS000041 1q3P S6,918 P24,000 Figure 1: Map of Facility Clariant Corporation Latitude: 350 1739" N Longitude: 810 00' 23" W County: Gaston Receiving Stream: Catawba River Stream (lass: VVS-IV; CA Sub -basin: 03-08-33(Cata%qba River Basqn) Facility Location Page 3 of 9 NCS000041 Central Office Review Summary: 1. Owner's Other Permits: • NCG500047 — Non -contact Cooling Water • CAA—100000131216, NE154266 • WQ0002544 — Land Application of Residual Solids 2. General Observations: • The site map shows seven outfalls. Only five of these outfalls actually discharge to the river, and only these five will be monitored. Outfall 2 is not in use and has been disconnected from all sources. Outfall 7 discharges into Outfall 6 and so only Outfall 6 is an actual discharge point. 3. Impairment: The Catawba River is not on the 2006 303(d) list. Basinwide Plan does not specifically talk about this section of the Catawba River but it does note that this area in experiencing rapid growth with new homes and businesses sprouting up on old farms and forests. 4. Threatened and Endangered: Based on Natural Heritage Virtual Workroom there are no federal protected aquatic species within two miles of the site. There is Helinathus schweinitzii or Schweinitz's Sunflower which is endangered. 5. Location: WS-IV; CA -Critical Area (CA) is the land adjacent to a water supply intake where risk associated with pollution is greater than from remaining portions of the watershed. Critical area is defined as land within one-half mile upstream and draining to a river intake or within one-half mile and draining to the normal pool elevation of water supply reservoirs. Critical areas are more restrictive than areas outside this area. Industrial Changes Since Previous Permit: Activities at Clariant's Mount Holly West (MHW). facility have been relatively consistent during the duration of the facility's existing stormwater discharge permit. Very few changes are significant in terms of site activities or their effect on stormwater. Changes in Production: A production area, Building 190, was shut down, decommissioned, and partly demolished. This area was formerly used to manufacture a detergent additive. The product was discontinued. Production activities in our area known as Plant 2 were shut down and moved into our area known as Plant 5. Stormwater from the vicinity of Plant 5 discharges to Outfall 006. Changes in storage practices: Outside storage of chemical -containing totes and drums has been reduced by 10%. This was accomplished by improvements in inventory management, and by clearing space inside our warehouse. Several outside storage areas have been eliminated. Changes in stormwater control systems: A barricade of rip rap was.put in place east of our Building 190 area to intercept gravel from being washed into stormwater Outfall 004. A gate was installed at Outfall 006 for emergency use to contain any spills at our Plant 1 area. The containment system drains into our on -site wastewater pretreatment plant (WWTP). Secondary diversion curbing and road humps were constructed in selected locations on the east side of our plant. (Specific locations include: near and to the south and east of our wastewater list station and Outfall 003 containment area;. and in the road southwest of our wastewater pretreatment facility). These enhance our capability to manage certain spills that might potentially head towards Outfall 004 or Outfall 006. Floor drains in our production buildings were rebuilt and/or sealed off to prevent the possibility of seepage from possibility of seepage from process sewer drains into the SW systems. The stormwater containment area at Outfall 003 was provided with the installed capability to pump stormwater into our wastewater light station. This facilitates our ability to send stormwater, if contaminated, into our WWTP instead of releasing it through the outfall. Two cooling towers located at Plant 3 had their blowdown piping modified to allow the option of discharging blowdown water into our WWTP instead of Outfall 001, if necessary. Page 4 of 9 NCS000041 Process wastewater and stormwater systems in the Plant 5 area were upgraded to reduce the chance of crossover contamination or overflow. For example, a curb was constructed between different types of sumps to separate containment areas. Piping cross connections were physically disconnected to eliminate any possibility of process wastewater for entering stormwater through shared piping. High level alarms were installed on all wastewater and stormwater sumps in the Plant 5 area. Analytical Monitoring Notes: Samples were taken at 6 outfalls from 6/15/03 to 5/11/09. There were many values over our current benchmarks for COD and TSS. They were at outfalls: 1, 3, 4, 6 and 7. One value was below the range for pH at outfall 7. Based on the SIC code the EPA Multi -Sector General Permit covers the facility in Sector C - Chemical and Allied Products Manufacturing, and Refining. However, no parameters were recommended for monitoring. 8. Qualitative Monitoring: The visual monitoring showed some muddy clarity and some suspended solids during a couple rain events. Thirteen reports were submitted and overall there were few issues. Page 5 of 9 R, a � m cd cd c6 c6 cd co c cc d m N N J c 1110' I0 11 cd 11 I117 10' I0 Ir l� c l� l Ir Ir Ic0 Icr0 I� 0 l (� I� 0 IrM�' I0 O -a M N M � u'J M W u� N N N N i[l C E O O O N O O 0 0 0 0 0 O o 0 0 0 0 L U 0 0 0 0 0 0O 6 0 0 0 0 0 0 0 0 0 0 0 0 0 1 N � m Y J n c E Om W m M W N C O m � 'Y J A � j J t E O V V v W o �- yU m C O O M O O O O O 0 p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �T- ll"T3 QOW1 10111 r � ��: Q r �j M .-- N rn o o Q o o W W o o ,� o 0 0 0 0 0 o r o W o r W N W W tU M m h O In M M u'� W N V V V V V V V V V V V V m m M') Im- y W I-M V I-N I 1�-) 1.N- V OJ W N f 11- j W y O l r W W V 1-Q �,! I jm 1'7 � r V r l I2 u1 n r r �c2 M Q N t0 r C7 I-E nnnnnV0 u� n�ncv0 u�cnV0 v>0 cn cn u� vv v v m v v v v v v v v W v v v v v v v v v v v v v v v v vvvv v v v 3 L I I-HQ�Hdd 1-Hddd-d Hddddd Hdd+ld Hddddd ' I-Idd-H•- I 'Q V N OJ N N Q N W N N Q N W N N Q N W N N Q N W N N Q N W N N Q .0 O 0 N M 6 0 0 (V M 0 0 <V M �- 0 0 (V M O O N M 0 O (V M O i a 30 N N NN W (U N O c N (� W M N <Y W N M (NO N O O O N O O O O O p O M O Li N O O O N O O 0 0 0 0 0 O o o 0 N o O o o OO o 0 0 0 0 o W o 0 0 0 o r ci c-i ci ci ci ci c'i ci ci ci u ci ci ci o 0 c-I c-i 0 F. Ct�99 0 O 0 o 0 O 0 O o 0 00 0 0 i0 m M' 0 0 Y M Q Q W W O o M Q W M O O O O O M 0 W 0 O> Q z (O W 6T O A o o o o o o�� o o 0 0 0 0 0 0 0 M O O O 0 M O O O O ,r a NCS000041 Revised Permit Recommendations: Analytical Monitoring: 1. Maintain monitoring for Oil and Grease, BOD, COD, TSS, Phenols and pH because they remain a potential pollutants on site. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II 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. 3. 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. 4. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 5. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: 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 TMDL established. 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 II Section A. 2. Additional requirements fur tlue Storinwater Management Plan have been specified in PartII Section A. More details regarding secondary containment are provided. 3. Additional tequiteunents fui the Stuunwatet, Pollution Pieventiou 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 in Part II 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. Page 7 of 9 NCS000041 Discussions with permittee:.Gil Insley, 704-822.-2218, 07/08/09 1. Description of industrial activities onsite. Organic Specialty Chemical Plant. Make over 200 different products from Soap, bug spray to personal care items. 2. Do you have a list of all chemicals and materials stored outside? See attached. 3. How was the NOV from Jame 17, 2008 followed up? Did you identify what the illicit discharge from Outfall 006 was? There was a residue in the outfall. The root cause has been fixed. Theproblem was caused when a facility to make mothballs was restarted and a pump failed. There were cross connections in the piping that have now been fixed. Page 8 of 9 Y.r DEER North Carolina Department of Environment and Natural Resources Division of Water Quality R1 '7- ,r � A Beverly Eaves Perdue Coleen H. Sullins G" , r1 re an Governor Director ?`f tary May 6, 2009 Ken Golder Clariant Corporation PO Box 18278 Charlotte, NC 28218 ®�- '^ ' ► „ on Subject: NPDES Stormwater Permit Coverage Renewal Mount Holly West (MHW) Facility Permit Number NCS000041 Gaston County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000041. This permit expired on May 31, 2008. To assure consideration for continued coverage under your individual permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. Enclosed you will find an individual permit Renewal Application Form, Supplemental Information request, and Stormwater Pollution Prevention Plan Certification for your facility. Filing the application form along with the requested supplemental information will constitute your application for renewal of this permit. Until your permit renewal is completed and you receive a new permit, please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. The application and supplement must be completed and returned to DWQ by July 6, 2009. Failure to request renewal within this time period will result in delay of your permit renewal and may result in a civil assessment. 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 permit renewal procedures please contact Brian Lowther of the Stormwater Permitting Unit at (919)-807-6365 or brian.lowther@ncdenr.gov. Sincerely, % Bradley Bennett, Supervisor Stormwater Permitting Unit Cc: Central Files SPU Files Mooresville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org One NorthCarolina An Equal Opportunity \ Affirmative Action Employer OF%NA`(_� , Permit Coverage Renewal Application Form National. Pollutant Discharge Elimination System Permit Number Stormwater Discharge Permit NCS000041 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation Information Owner / Organization Name: Owner Contact: Mailing Address: Phone Number: Fax Number: E-mail address: * Reissued Permit will be mailed to the owner address Clariant Corporation Ken Golder PO Box 18278 Charlotte, NC 28218 (704) 331-7000 Facility/Permit Contact Information Facility Name: Mount I lolly West (MI IW) facility Facility Physical Address: 625 E Catawba Ave Mount Holly, NC 28120 Facility Contact: Andre Pollard Mailing Address: Phone Number: Fax Number: E-mail address: Discharge Information Receiving Stream: Stream Class: Basin: Sub -Basin: Number of Outfalls: Catawba River (Lake Wylie below elevation 507) W S-IV; CA Catawba River Basin 03-08-33 Impaired Waters/fMDL Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? ❑ Yes ❑ No ❑ Don't Know ( for information on these waters refer to http://h2o.enr.state.nc.us/su/lmpaired Waters TMDL/ ) CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature Print or type name of person signing above Date Title Please return this completed renewal application form to: Stormwater Permitting Unit Attn: Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 North Carolina Divison of Water Quality - Storm water Permitting Unit Facility Name: Mount Holly West (MHW) Facility Permit Number: NCS000041 . Location Address: 625 E Catawba Ave Mount Holly; NC 28120 County: Gaston "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or person who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate and complete." EM "I certify. that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at this facility location in accordance with the terms and conditions of the stormwater discharge permit." And "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations." Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND STORMWATER POLLUTION PREVENTION PLAN WITH THIS CERTIFICATION. Signature Print or type name of person signing above Date Title SPPP Certification 5/09 SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: (Do not submit the site Stormwater Pollution Prevention Plan) Initials 1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. 2. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. H 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. 4. A summary of the Best Management Practices utilized at the pennitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP's. 5. A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. 6. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within. 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) Representative storm sampling may now be conducted anytime during the year (the April to November window has been eliminated) and the representative rainfall event is now defined as a storm event that measures greater than 0.1 inches and is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director HELEN MIYASAKI CLARIANT CORPORATION 625 E. CATAWBA AVENUE MOUNT HOLLY, NC 28120 Dear Permittee: February 19, 1999 MMA, 1•� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal Clariant Corporation Permit Number NCS000041 Gaston County Your facility is currently covered for stormwater discharge under NPDES Permit NCS000041. This permit expires on August 31, 1999. 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 supplimental information will constitute your application for renewal of your permit. The application form must be completed and returned along with all requested information within thirty days of receipt of this letter in order to constitute a timely renewal filing. Recent legislation modified the fee structure for DWQ permits. Renewal fees have been eliminated and annual fees have been changed. The new annual fee for your permit is now $715.00 (you will be invoiced later this year for your annual fee.) A copy of the new fee schedule is enclosed in this package. Failure to request renewal within the time period indicated may result in a civil assessment of at least $250.00. 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 $10,000 per day. If you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater and General Permits Unit at (919) 733-5083, ext. 548. Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Mooresville Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director July 25, 1997 Ms. Helen Miyasaki Clariant Corporation 625 E. Catawba Avenue Mt Holly NC 28120 fflX.;TA IT4 "ilk, ARI [DEHNF1 Subject: Permit Modification - Name/Ownership Change Clariant Corporation (formerly Hoechst Celanese Corporation) NCS000041 Gaston County Dear Ms. Miyasaki: In accordance with the Permit Name/Ownership Change request which we received from you on May 21, 1997, the Division is forwarding the subject pem-fit. The change in this permit is in name and ownership. All other conditions in the original permit remain unchanged and in full effect. Please note that this includes continued implementation of the Stormwater Pollution Prevention Plan required for this facility. This permit modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. Please take notice this permit is not transferable. Part II, E.3. of the permit 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 concering this permit, please contact Bill Mills at 919/ 733-5083, extension 548. Sincerely, ORIGINAL SIGWD BY gRgDLEY BENNETT A. Preston Howard, Jr., P.E. A cc: Central Files Mooresville Regional Office, Water Quality Section Permits and Engineering P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit No. NCS000041 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT 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, Clariant Corporation is hereby authorized to discharge stormwater from a facility located at Clariant Corporation, Sou -Tex Plant 625 East Catawba Avenue Mount Holly Gaston County to receiving waters designated as the Catawba River, a class WS-IV CA stream in the Catawba River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective July 25, 1997. This permit and the authorization to discharge shall expire at midnight on August 31, 1999. Signed this 25th day of July 1997. A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Hoechst Celanese Sou -Tex Plant Hoechst Celanese Corporation 625 East Catawba Avenue Mount Holly, NC 28120 704 822 2100 April28, 1997 Ms. Jennifer Wolfe North Carolina Department of Environment, Health and Natural Resources Division of Water Quality Water Quality Section Permits and Engineering Unit Post Office Box 29535 Raleigh, North Carolina 27626-0535 Subject: Change of Ownership Dear Ms. Wolfe: We are pleased to submit the completed forms for the permit name/owernship change for NPDES permit number: NCS000041. Effective July 1, 1997 the Hoechst Celanese Corporation, Sou -Tex Plant shall become Clariant Corporation, Sou -Tex Plant. Enclosed please find the completed forms for permit name/owernship change, legal documentation of the transfer of ownership, and a check for the processing fee of $100.00. If there are any questions, please contact Damon L. Forney at (704) 822-2519. Respectfully, fD��� L. - Damon L. Forney Environmental Engineer Enclosures 4�9 Hoechst H DEM-P & Fax•919-733-0719 (. Mar 10 '97 10.29 P.(12/03 - IAR 10 '97 State`of:North Carolina Department of Environment, Health and Natural Resources Division of Water Quality - James B: Hunt, Jr., Governor Jonathan B. Howes, Secretary A: Preston Howard, Jr., P.E., Director WATER QUALITY SECTION nRMIT NAME/OWNERSHIP CHANGE FORM a I. �TitRENT IERMI INFO MATION: Permit Number NC/ S 1.. Permit holder's name:_ ___ X e c h s t. (P l a nesp C n r n n r a t i n n 2.. Permit's signing official's name and title: HP 1 e n Mi va s a 17 i (Person legally responsible for permit) Plant- Mqnqgt-r . itle) 3. Mailing address:. 625 Catawba Ave CITMt Holly State: N C Zip Code: 2 81 2 0 Phone: (7 0 4) R 2 2. - 2.51 9 IL NEW OWNMUNA E INFORMATION., 1. This request for a name change is a result of: zLa: Change in ownership of property/company . Name change only . C. Other (please explain): 2. New owrier's name (name to be put on penitit)- C l a r i a n t GorpQration I • New owner's or signing ofpi cial's name and title: Helen M i y s a k i (Person legally responsible for permit) Plant- M�— e 4. Mailing address- 625 Catawba Ave cty- Mt Holly NC Zip Code: 2 81 2 0 Phone: (7 0 4) R 2 2- 2 5 3- Q P.O. Box 29535, Raleigh, North Carolina 27626-0536 Telephone (919) 733-5083 FAX (919) 733-0719 M Equal opportunity Affirmative Action Employer 50% recycled 110% post•consumar, paper DEM-P & E Fax:919-733-0719 Mar 10 '97 10:29 P.03/03 MAR 10 '97 09:16AM PERMIT NAME / OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED IMMS: 1. This completed application 2. Processing fee of $100.00 (Checks to be made payable to DEHNR) 3. Legal documentation of the transfer of ownership (such as a contract, deed, articles of incorporation) Certification .ast be completed and signed by b tom, the cuiient permit hulder and `rite new applicant in the case of change of ownership. For name change only, complete and sign the application certification. Current Perulittee's Certification: I, ^ =' j attest that this application for name ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not - included, this application package will be returned as incomplete. �28,1GG Signature: Date: [ Applicant's Certification: I, He I e n Miy a s a k i attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature: a4 THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DEHNR, Division of Water Quality Water Quality Section, Permits and Engineering Unit P. O. Box 29535 Raleigh, North Carolina 27626-0535 Clariant Clariant Corporation 4000 Monroe Road Charlotte NC 28205 USA Tel. 704-331-7116 Fax.704-377-1063 State of North Carolina Department of Health, Environment, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 April 30, 1997 RE: NC Air Permit 3683R21 NC Stormwater Discharge Permit NCS000041 NC NPDES Permit NCS000041 This letter is to inform you that: i. Hoechst Celanese Corporation, Somerville NJ, and Clariant Corporation, Charlotte, NC have agreed to merge the Specialty Chemicals Group of Hoechst Celanese with Clariant Corporation. The anticipated transfer date is July 1, 1997. 2. The Hoechst Celanese Mt. Holly, NC permit referenced above will be transferred to Clariant Corporation. Attached please find the information required by Federal regulations and North Carolina law. 3. The parties hereby request that the permit be modified July 1, 1997 to reflect the change of ownership to Clariant Corporation. If you have any questions, please feel free to contact Damon Forney at (704) 822 2519. Sincerely, Dav . Jenkins Vice President & General Counsel Hoechst Celanese Corporation Christopher Barnard Vice President - Legal Clariant Corporation