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HomeMy WebLinkAboutNCS000390_Draft Permit and Historical File_20090225Resources Beverly Eaves Perdue Coleen H. Sullins Governor Director DATE: February 25, 2009 TO: Independent Tribune NUMBER: nclegal@mediageneral.com FROM: SARAH YOUNG, DIVISION OF WATER QUALITY, 919.807.6303 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, March 3, 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 PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 Hydrocarbon Recovery Services, Inc., 2115 Speedrail Ct., Concord, NC 28025 has applied for an NPDES Stormwater Permit to discharge stormwater associated with industrial activities at a facility located at Hydrocarbon Recovery Services, Inc. - Concord Facility, 2115 Speedrail Ct., Concord, NC, Cabarrus County. The facility discharges to waters designated as Coddle Creek, within the Yadkin Pee -Dee River Basin. Copies of the draft permit, No. NCS000390, are available by contacting: Robert Patterson NC Division of Water Quz,lity 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: (919)-807-6375 robert.patterson@ncmail.net Persons wishing to comment upon or object to the proposed determination are invited to submit their comments in writing to the above address no later than April 2, 2009. All comments received prior to that date will be considered in the final determination regarding permit issuance. All comments and requests should reference draft permit number NCS000390. Wetlands and Stormwater Branch One 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 1 �1 Ol lh��c�r011f1a Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 1�T Phone: 919.807-6300 \ FAX: 919-807-6494 \ Customer Service: 1-877-623-6748 Naturally Internet: www.ncwaterquality.org a�f An Pn-1 nnn—fiinitv1 Affirmntiv tirtinn P-1—or W'��'�o•�m'o� mmrw�o�pm' wa �'w°��o»a m Q. 3 m-,��ao s mLm;o �rN 0�ov°w �° o w3aF,roz ow m�cwow.Q O O yyy3yy3'^.w. o•o3 m m.-m, <5 <6- p�N o m z M Sry=j'w-1.A�N� 03 pVi n•~'o oro arZ onWw 5��1 ° m wz�0 row> , -ox`<Dz�a4-^4moa a Nn��ro >> .°=- or �ocw%o*wo 3 .ip a� W -n mo.Pl o,z oa�ro �=,,_3 mo 3 mon�.a�.�z aA� Z c oDo=-�a -ro -.o�iioaQwro D�mm2�pn m wn N-10'i fnni (D ID I smoz 'mwgCwao: o aw�owow= 4ra .70 p.Oro O nro NMn,an Of y CL ro °mnm N,� w ro N�<n�. J N c 8 n + ro roU p �= S O wD'roo3s w maf�row�a� _ w 5 .L y� 0 a ^` W 0 i11 n 0 3 i z 0 W 0 N 0 Q lD 0 0 -h r+ Independent Tribune Advertising Affidavit North Carolina Community Newspapers PO Box 968 Hickory, NC 28603 NC DENR/DWQ BUDGET OFFICE 1617 MAIL SERVICE CENTER RALEIGH, NC 27699 Account Number 3142720 Date March 03, 2009 Date Category Description Ad Number Ad Size 03/03/2009 Legal Notices PUBLIC NOTICE PUBLIC NOTICE STATE OF NORTH CAROLINA E 0001299048 2 x 36 L STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 Hydrocarbon Recovery Services, Inc., 2115 Speedrail Ct., Concord, NC 28025 has applied for an NPDES Stormwater Permit to discharge stormwater associated with industrial activities at a facility located at Hydrocarbon Recovery Serv- ices, Inc. - Concord Facility, 2115 Speedrail Ct., Concord, NC, Cabarrus County. The facility dis- charges to waters designated as Coddle Creek, within the Yadkin Pee -Dee River Basin. Copies of the draft permit, No. NCS000390, are available by contacting: Robert Patterson NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: (919) 807 G375 rob ert.pattersonPncmai Lnet Persons wishing to comment upon or object to the proposed determination are invited to submit their comments in writing to the above address no later than April 2_2009. All comments received prior to that date Will -be considered in the final determination regarding permit issuance. All comments and requests should reference draft permit number NCS000390. PUBLISH: March 3, 2009 Media General Operations, Inc. Publisher of Independent Tribune Cabarrus County Before the undersigned, a Notary Public of Catawba County, North Carolina, duly commissioned, qualified, and authorized by law to administer oaths, in said County and State; that he/she is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a copy of which is attached hereto, was published in the Independent Tribune on the following dates: 03/03/2009 and that the said newspaper in which such notice, or legal advertisement was published, was a newspaper meeting all the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina. A*,tnt ookkee r Newspaper reference: 0001299048 @tclalapege,,saerr Sworn to and subscribed before me, this c3 1 day o p, 2009/fj� J1-1 otary kublic — f— My Coynmission expires: d �� a O �N, IS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NCDENR I North Carolina Department of Environment an t ral esources Division of Water Quality Beverly Eaves Perdue Governor Mr. Bill Henkel Hydrocarbon Recovery Services, Inc. 2115 Speedrail Court Concord, North Carolina 28025 Dear Mr. Henkel: Coleen H. Sullins Director February 20, 2009 Subject: Draft NPDES Stormwater Permit Permit No. NCS000390 Hydrocarbon Recovery Sei vices, I,►c. Concord Facility Cabarrus County Dee Freeman. Secretary bn 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. TSS has been added to the analytical monitoring parameters of this permit. This is because the stream being impaired due to turbidity. Also, COD has been added; while Ammonia has been removed. 2. pH has been added to the analytical monitoring requirements per the Division's revised monitoring strategy. 3. 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 apait, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keehuig, and/or install storm -water Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the,Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. " - Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 N®rthCar®lina Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748iyfry+fy%%>r Internet: www,ncwaterqual4.org t t L 6 i�t& An Equal Opportunity 1 Affirmative Action Employer Mr. Bill Henkel Hydrocarbon Recovery Services, Inc. Permit No. NCS000390 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables'l, 4, and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit changes: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a 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 ht Parl II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements•for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified 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. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6375 or robert.patterson@ncmail.net cc: Mooresville Regional Office, Michael Parker Stormwater Permitting Unit Attachments Sincerely, Robert D. Patterson, PE Environmental Engineer Stormwater Permitting Unit 2 Permit No. NCS000390 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY T1T1_1 A JrT P TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General, Statute r143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Fnvironmcntal Management Commission, and the Federal Water Pollution Control Act, as amended, Hydrocarbon Recovery Services, Inc. is heieby authorized to discharge stormwater'from a facility located at Hydrocarbon Recovery Services, Inc. — Concord Facility 211'5'Speedrail Court Concord, NC Cabarrus County to receiving waters designated as Coddle Creek, a class C stream in the Yadkin Pee -Dee 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 June 1, 2009. This permit and the authorization to discharge shall expire at midnight on May 31, 2014. Signed this 15t" day of May, 2009. for Coleen H. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000390 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART11 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 VehicleMaintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply I Duty to -Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions l . Individual Permit Expiration 2. Transfers 1 e Permit No. NCS000390 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Faciliti Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention ; 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four IIour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No. NCS000390 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 qualifyfor 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 authorized to discharge under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once every five (5) years. SECTION B: PERMITTED A 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. NCS000390 Px. k' § F, N "z Ag Al ok, A NCS000390 N w S Hydrocarbon Recovery Services, Inc. Concord Facility Latitude: 351 20' 17t' N Longitude: 801 36'48" W Count}: Cabarrus Receiving Stream: Coddle Q-eek ,trearn Class: C SUb-basin: 03-07-11 (Yadkin Pee -Dee River Basin) Concord Facility K H, Facility Location Part I Page 2 of 2 Permit No. NCS000390 I'MONITORING,CONTROLS,1 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 general permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of slounwaler discharges. The site plan shall contain (tic following: (a) A general location map (USGS equivalent map), showing the f routes and surface waters, the n stormwater outfall(s) discharge storm sewer system, the name c waters, and accurate latitude an general location map (or altern, receiving water is impaired (ot located in a watershed for whi parameter(s) of concern are. luadrangle map or appropriately drafted ;ility's location in relation to transportation me of the receiving water(s) to which the or if the discharge is to a municipal separate 'the municipality and the ultimate receiving longitude of the point(s) of discharge. The ively the site map) shall identify whether each the state's 303(d) list of impaired waters) or is h a TMDL has been established, and what the North Carolina's 3030 List can be found here: http://h2o.enr.state.ne.us/tmdl/General_303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enr.state.ne.us/tmdl/TMDL list.htm#Final TMDLs. (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. Part II Page 1 of 10 Permit No. NCS000390 (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 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 tee the methods, of operations and/or stor of materials and processes to stormw; prevent exposure of all storage areas, manufacturing or fueling operatic not practical, the stormwater mar. diverting [lie s[onnwaler runoffa feasibility of changing late or reduce exposure Whereverpractical, the permittee shall ial handling operations, and as where elimination of exposure is )Ian shall document the feasibility of areas of potential contamination. (b) Secondary Contaim-nent 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 Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected directly 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 the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A 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. Part II Page 2 of 10 Permit No. NCS000390 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or 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 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. d . 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 areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, inaintenatice, aiid housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution. Inspection of material. handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded in writing and maintained in the SPPP. 5. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 6. Responsible Party. The Stonnwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the flan. Responsibilities for all components of the flan 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 re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a re-evaluation of the Part II Page 3 of 10 Permit No. NCS000390 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 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 shall include documentation of all in activities, and training provided to e of actions taken to vehicle maintenani five years and mad immediately upon mt the Plan. Implementation of the Plan measurements, inspections, inaiiiieiiance including the log of the sampling data and -d with the industrial activities, including ntation shall be Dept on -site for a period of or the Director's authorized.representative Part II Page 4 of 10 Permit No. NCS000390 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 and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. Table 1. Analytical Monitoring Discharge Characteristics Units Measurement Frequencyl Sample Type2 Sample Location3,' TSS, Total Suspended Solids mg/L semi-annual Grab SDO COD, Chemical Oxygen Demand mg/L " semi-annual Grab SDO pH standard semi-amlual Grab SDO Total Rainfall4 inches semi-amlual Rain Gauge 1 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 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 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. Part Il Page 5 of 10 Pen -nit No. NCS000390 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. Table 2. Monitoring Schedule Monitoring periodu'2 Sample Number Start End Year 1 — Period 1 1 June 1, 2009 November 30, 2009 Year 1 — Period 2 Year 2 — Period 1 2 3 December 1, 2009 May 31, 2010 June 1, 2010 November 30, 2010 Year ? — Period ? 4 December 1, ?010 May 31, 2011 Year 3 — Period 1 5 June 1,; 2011 December 1, 2011 November 30, 2011 Year 3 — Period 2 6 May 31, 2012 Year 4 — Period 1 7 June 1, 2012 November 30, 2012 Year 4 — Period 2 8 December 1, 2012 May 31, 2013 Year 5 — Period 1 9 June 1, 2013 November 30, 2013 Year, 5 — Period 2 10 December 1, 2013 . May 31, 2014 Footnotes: 1 Maintain semi-annual monitoring during x monitoring until the renewed permit is issi 2 If no discharge occurs during the samplin( Flow" within 30 days of the end of the six process. The applicant must continue semi-annual the permittee. must submit a monitoring report indicating "No sampling period. The permittee shall report the analytical results from the first sample with valid results within the monitoring period. The permittee shall compare monitoring results to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tiei One and Tiei Two. Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark TSS, Total Suspended Solids mg/L 100 COD, Chemical Oxygen Demand mg/L 120 pH standard 6-9 Part II Page 6 of 10 Permit No. NCS000390 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 brim; concentrations to 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 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 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, for all parameters at that outfall. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow." 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. Part II Page 7 of 10 Permit No. NCS000390 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 more than 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 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. This esite discharges to impaired waters integrity. If a Total Maximum Daily Lo; Creek, the permittee may be required to submit results to the Division of Water( results in determining whether additiona to the maximum extent bracticable. .encing problems with turbidity and biological 1DL) is approved for this segment of Coddle >r for the pollutant(s) of concern in the .future and The Division will consider the monitoring s are needed to control the pollutant(s) of concern If additional BMPs are needed to achieve the required level of control, the permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. Part II Page 8 of 10 Permit No. NCS000390 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 the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qualitative Monitoring Requii ements Discharge Characteristics ]Erequency1 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-amlual 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 9 of 10 Permit No. NCS000390 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 uencyl Sample Type2 Sample Location3 pH standard semi-annual Grab SDO Oil and Grease mg/1 semi-annual Grab SDO Total Suspended Solids mg/1 semi-annual Grab SDO Total Rainfa114 inches semi-annual Rain gauge INew Motor Oil Usage gallons/month semi-annual Estimate - Footnotes: I Measurement Frequency: Twice per year during a represem permit is issued for this facility or until this permit is revoke the permittee has submitted the appropriate paperwork for a permittee will be considered for a renewal application. The the renewed permit is issued. See Table 2 for schedule of to cycle. 2 If the stormwater runoff is controlled by a pond shall be collected within the first 30 : 3 Sample Location: Samples shall be stormwater runoff from area(s) whe 4 For each sampled repr gauge reading must be of event, for each year until either another led. If al the end of this permitting cycle rmit before the submittal deadline, the ust continue semi-annual monitoring until eriods through the end of this permitting i pond a grab sample of the discharge from the 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 II 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 10 of 10 Permit No. NCS000390 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY .2 Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the 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 Stonnwater 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. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. 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 I year, or both. Any person who knowingly violates permit conditions Is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum aunoulrt not to exceed $125,000. [Ref: Section 309 of the hederal Act 33 USC 1319 and 40 ChR 122.41(a).] C. 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. NCS000390 $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 Liabili Except as provided in Part III, 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, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall turmsh 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. 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. NCS000390 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 days prim to the expiration dale. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-2153.6 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. Signatory Requirements All applications, reports, .orinformation submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) hi 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 fonn 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. NCS000390 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 imps isonment 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. Permit Actions . The permit may be changes or anticipa SECTION C: OPERATIC 2. Proper Operation and Maintenance actor from reopening and modifying the or terminating the individual permit as , Code of Federal Regulations, Parts 122 Subchapter 2H .0100; and North Carolina or terminated for cause. The notification of planned any individual permit condition. POLLUTION CONTROLS The perinittee 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 perinittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 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 perinittee 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. NCS000390 b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred "during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this 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 requit nature of the permitted discharge. Analytical samplit event. Samples shall be taken on a day and time that taken before the discharge joins or is diluted by any c Monitoring points as specified in this permit shall no the Director. Recording Results For each measurement, sample,``i requirements of this individual pi of the volume and rformed during a representative storm ,tic of the discharge. All samples shall be ream, body of water, or substance. without notification to and approval of aance activity performed or collected pursuant to the shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. Part III Page 5 of 8 Permit No. NCS000390 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. 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 shalt also be maintained on -site. The permittee shill retain records of all monitoring iiilotinulion, including all calibidlion and indintenam e 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, presentation of credentials and other documents as may 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; 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. SPCITON P: REPORTING RLQUIRI(' MENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) 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. 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. Part III Page 6 of 8 Permit No. NCS000390 The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report (QMR) form provided by the Division, and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 :. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2)'or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stonnwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. - Anticipated Noncom lip ante 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. 7. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shallsubmit 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 appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from Part 111 Page 7 of 8 Permit No. NCS000390 the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 10. Other Information Where the permittee becomes aware that it failed to submit any; relevant facts in an application for an individual permit or in any report to the Director, it shad promptly submit such facts or information. Part III Page 8 of 8 Permit No. NCS000390 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The pernittee must pay the administering and compliance monitoring fee within 30 (thirty) days after, being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. ONS 1. Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page 1 of 5 Permit No. NCS000390 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the, collection system, which is not a designed or established operating mode for the facility. b. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Fedeial Watei POlhltiO11 ConLiol Act, also known as Lite 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. 9. Director The Director of the 7 10. EMC The North Carolina issuing authority. Commission. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12, Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14, Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, Part VI Page 2 of 5 Pages Permit No. NCS000390 16. 17 18. 19 20 21. 22. 23 industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stonnwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR § 122.26(g). Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. Permittee The owner or operator issued a permit pursuant to this individual permit. Point Source Discharge of Stormwater Any discernible, confinod and discroto conveyanco including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain''producing a discharge begins again within the next 10 hours. 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. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements; and C. That meets at least one of the following criteria: Part VI Page 3 of 5 Pages Permit No. NCS000390 (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. 24. 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. 25. 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. 26. 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). 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 Activity The discharge from any point source which is used for collecting and conveying Stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDLS program. 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 30. Ten Year Design Ston-n The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Part VI Page 4 of 5 Pages Permit No. NCS000390 31 32. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow sball be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes thy; water quality staandaids and TMDL pt ogi ains. 33. Toxic Pollutant. 34 35. 36. 31 Any.pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 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. 25-year, 24 hour storm event The maximum 24-11our precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages �;�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Hydrocarbon Recovery Services, Inc. NPDES Permit Number: NCS000390 Facility Location: 2115 Speedrail Ct., Concord, NC (Cabarrus County) Type of Activity- ITsed oil recycling SIC Code: 5093 G� Receiving Streams: Coddle Creek (13-17-6-(5.5)), See Figure 1 River Basin: Yadkin Pee -Dee River Basin, Sub-basi 3- -1,�y� Stream Classification: C Proposed Permit Requirements: See attached draft permit. Response Requested by (Date): March 13, 2009 G� Central Office Staff Contact: Return to: Robert Patterson, (919) 807-6375 Special Issues: Issue Rating Scale: 1 eas to 10 hard Compliance history 3 Benchmark exceedance 1 Location (TMDL, T&E species, etc) 3 Other Challenges: 1 Difficulty Rating: 8/40 Description of Ousite Activities: • Used oil recycling. 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, 2006 final • 2008 Yadkin Pee -Dee Basinwide Plan Page 1 of 5 NCS000390 History: • Date permit first issued: August 15, 2003 • Date name changed from US Filter Recovery Services to Siemens Water Technologies, Corp.: September 22, 2006 • Date permittee submitted renewal application: February 9, 2007 • Date name changed from Siemens Water Technologies, Corp. to Hydrocarbon Recovery Services, Inc.: January 16, 2008 NCS000390 N 5 Figure 1: Map of Facility Hydrocarbon Recovery Services, Inc:. Concord Facility Latitude: 350 20' 17" N Longitude: 800 36 48" W County: Cabarrus Receiving Stream: Coddle Beek Stream Class: C Sub -basin: 03-07-11 (Yadkin Pee -Dee River Basin) ♦1 •. s�1Y •!���eJ ►.`1f {i{ell�� JY�� Facility Location Page 2of5 ,TCS000390 Central Office Review Summary: 1. General Observations: • The entire site drains to a single outfall (wet detention pond) located on the west side of the property. • Unloading/loading area and processing is all under cover. • Secondary containment for tank farm. • This site looks like a good candidate for No Exposure. Will the RO provide comments on this after seeing the site first hand? • List of BMPs utilized onsite not included and marked "N/A" on the renewal application. This is not the case, and is required per the permit and the renewal application. This info should be in their SPPP. 2. Impairment: 303(d) lists this stream segment as impaired for biological integrity, Basinwide Plan states that the stream is also impaired due to turbidity. 3. Threatened and Endangered: None. 4. Industrial Changes Since Previous Permit: None. 5. Analytical Monitoring Notes: None submitted as required with the renewal application; marked "N/A" on the renewal application — but this is not the case. The previous permit term required a minimum of 7 samplings of Ammonia, NH3 as N. None were done as required because the permittee stated that the pond had not ever discharged. I told them that they still must still submit a DMR stating no flow if that is the case so that it is documented. Does the RO know of the history as to why Ammonia was in the permit to begin with? o The EPA MSGP (for this SIC code) requires monitoring for COD, TSS, Aluminum, Copper, Iron, Lead, and Zinc. Most of these metals are not a concern at this site. They do internal required testing of the used oil to be sure they meet limits of certain metals (arsenic, cadmium, chromium, lead, and halofens) in order to resell the recycled oil. 6. Qualitative Monitoring Notes: None submitted as required with the renewal application. Received later via fax after requesting monitoring data. Done as required. About half the time there was no discharge recorded from the detention pond. Sometimes noted a brown to slight green color; algae; and semi -clear. Revised Permit Recommendations: Analytical Monitoring: 1. Add TSS to the monitoring due to the stream impairment for turbidity and MSGP. Add COD based on the MSGP. Remove Ammonia from monitoring because there was no identified source or reason to suspect problem. 2. pH has been added to the analytical monitoring requirements per our revised monitoring strategy. 3. 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, 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. 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 Page 3 of 5 NCS000390 outfall status. 6. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 8. 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 Ibr the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified 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. Discussions with permittee: Bill Henkel & Anne Pifer, 704-455-1333, 1/23/09 & 2/6/09 Q: Analytical samples for Ammonia? None submitted with renewal application. a. ANSWER: Will be submitting. None performed since there was never a discharge. 2. Q: Qualitative results? None submitted with renewal application. a. ANSWER: Will be submitting. 3. Q: Is the maintenance building and wash area for vehicle maintenance? a. ANSWER: They do wash trucks there, but vehicle maintenance is now done offsite. 4. Q: Name and contact change again? a. ANSWER: Thomas is no longer with the company; new permit contact is Bill Henkel. Page 4 of 5 NCS000390 Recommendations: Based on the documents reviewed, the application information submitted on February 9, 2007 sufficient to issue an Individual Stormwater Permit. 0 z 6 aq Prepared by (Signature) Date Stormwater Permitting Unit Supervis e»n Date 2 l 9 for Bradley nett Concurrence by Regional Office Date I / RO Water Quality Supervisor b �� Date- ZII U J Regional Office Staff Comments (attach additional pages as necessary) GfG , �4 C Ae 44pO-�- Page 5 of 5 0,2/03/2009 16:17 7044554678 US FILTER PAGE 01 FJ_ �z1' .,i, :+{'.A� -.,��" .• •lli: _ _ .:.�'j'''��r,'.:ti'..•-:' �''•��:' i' • • •','Ft :•' •'',"-hr?*:�'"�,i� l-'V":.:f=:,6-'.i ..'.�-°_'r� _r�'::,,. f;;,;,.o:: .fi.' i. T,_"�� _ !' •,_:• ::d': '`.,;;x"4't: '�:�,';�: 7'Lf �1!'�.'t+S: �n�C Y,.1 _ A A•�„C,'p!� 7G?—.55.5r63 fir. •• _ - 5::f:''�i ��::':::` �'' �v :3 ' ' ,��, °;'�.��;;:,;•.`.�^ ref;-'rs - �, �. �]rJ: !� -� � �diy-. 75� :_� x97N ' ivy C.. �.: ": G'"."•Y ,y �-n''f .. :'{".'i :C•r�:{i-`,f`r`!�I k'W>•it4!� j p f••'•'� •:-•-: I:�L �,gil �y F'r �.. "71�'Fiyr .ti l.:•�"4. .�C.��'4•:-..:'�. • q'� ORK l t i h j-�.,¢�-� r� �.- `-. �-- r,-,�-�� �•-'t� � ,,�-� i � v� v..»,� r�,¢�... r r+� ram, - i+ , • - #1 5 La FEO r • qb4 ��yy }� g 4� - Ep`qq�,R R �.: ¢`i ra3tt3`"ki''.»4TY 8�b 62/03/2009 16:17 7044554678 US FILTER PAGE 02 afm Semi-Annuial Storm Water Qualitative Monitoring Date of Monitoring t 11U/0 q Location of Monitoring Discharge at detention pond Person Conducting �llonitt+ring1'7;x2� Print &Signature Dischar a Characteristic Description of Observations Color A Odor Clarity /V Floating Solids Suspended Solids MA — Foam Oil Sheen 4 oil Other obvious indicators of storm water pollution r1on A,. P 4 (- t,.A- o-s Jr j l 'c W-e 54-tr n„� ,mac+-4, A-c", 0 , $ l�k. ►��'�.C�L. ,'4•,,,t.4.:.�5'� r �c riC�.;-M..�.••11- eA - t!X. Cu—#t--A.s: ^err cawC0 rt�.Ort► �Drt /tpt t".+e .& s 02/03/2009 16:17 7044554678 US FILTER PAGE 03 FCC Environmental Conerd, NC Stormwater monitoring 11/6/08 The facility's stormwater retention basin has a permeable surface. The area has not received enough precipitation to allow for measurable discharge from the basin's SDO during 2008, therefore no quantitative sampling was cc�,taduet�Q. 02/03/2009 16:17 7044554678 US FILTER PAGE 04 NEW �� environmental Semi -Annual Storm Water Qualitative Monitoring Date of Monitoring j z ��a2_ Location of Monitoring Discharge at detention pond Person Conducting Monitoring A4N# -V, r m_ Print JSignature _. Discha a Characteristic Description of Observations Color Odor' Clarity Floatin Solids A/A- Sus ended Solids Foam n114- Oil Sheen 0 AA- 0!�54,-Y Other obvious indicators of storm water pollution AZ, 0�wvj V tSILI.�DLL 92/03/2009 16:17 7044554678 US FILTER PAGE 05 Viemens Water 'Technologies Carp. Concord, NC Stormwater Monixo ;ag 19 Decem.ber 2007 The facility's stormwater retention basin has a permeable surface. The area has been in near -drought conditions throughout the quarter with no quanfifilable precipitation at the facility. The h,as been no measurable discharge from, the basia's SDO this quarter; therefore, no quantitative sampling was conducted. The following qualitative monitoring results were obtained. Color. Odor clan4ty 1~loat ng Solids NQA_ BAS1.N FLOOR WAS DRY AND CRACKED. NO VISIBLE S'TORMWATER VOLLU'TION suspended Solids WAS OBSERVED THIS QUARTER. Foam Oal Sheen Other indicators Penske provides o Tsitc vehicle maimenancc; therefore the ors -site vehicle maintenance monitonn Iireme o. apply. IotMs. Toik Business Manager Siemens Water Technologies Carp — Concord, NC 02/03/2009 16:17 7044554678 US FILTER PAGE 06 Syetnerns Water Technologies Corp. Concord, NC Year 4- 4tb. Qtwter Stormwater Monitoring 31 August 2007 The facility's stormwater retention basin has a permeable surface. The area has been in near -draught conditions throughout the fourth quarter. of 2007 with no quantifimble precipitation at the facility. The has been no weasu£able discharge from the basin's SDO this quarter; therefore, no gwntitative sampling was conducted. The following qualitative monitoring result, were. obtained: Color Odor Clarity Floating Solids NOTE: BASIN FLOOR WAS DRY AND CRACKED. NO VIS)[BLE STORMWATER POLLUTION Suspended Solids WAS OBSERVED THIS QUARTER, Foam Oil 'Sheen Other Indicators Peaslce provides offsite vehicle maintenance; therefore the .on -site veoicle maintenance moruto ' requirern iy< omas T ik Business Manager Siemexis Water Teclmol4es Corp — Cora NC 02/03/2009 16:17 7044554678 US FILTER PAGE 07 Siemens Water Technologies Corp. Concord, NC Year 4- 3'4 Quarter Stormwater Monitoring 31 May 2007 The facility's stormwater retention. basin has a permeable surface and the quarter's precipitation has been minimal. The has been no measurable discharge from the basin's SDO this quarter; therefore, no quantitative sarrxpling was conducted. The following qualitative monitoring results were obtained: Color Odor Clarity Floating Solids NOTE: BASIN FLOOR WAS DRY AND CRACKED, NO VISIBLE STORMWATER POLLUTION Suspended Solids WAS OBSERVED THIS QUARTER. Foam Oil Sheen Other Indicators Penske provides offsite vehicle maintenance; therefore the on -site vehicle maintenance monitoring requirem.en.ts do .not apply. �%oz�as Tornascik Business Manager Siemens Water Tecbnologies Corn -- Concord, NC 02/03/2009 16:17 7044554678 US FILTER PAGE 08 Siemens Water Technologies - Concord, NC Storm Water Monitoring The storm water retention basin at the Concord facility has not received enough rainfall to allow for measurable discharge from the basins' SDQ during 2006. No qualitative sampling was performed. Print Title Signature Date 02/03/2009 16:17 7044554678 US FILTER PAGE 09 USFiiter RecoveServices Semi -Annual Storm'1111ater Qualitative Monitoring Date of Monitoring vocation of Monitoring Person Conducting Monitoring Dischar a Characteristic Color Oder Solids ed Solids roam Oil Sheen Other obvious indicators of storm water pollution ,6 Discharge at detention pond Print Descri tion of Observations I1 •s v+ 4?� AL T Signature 02/03/2009 16:17 7044554678 US FILTER PAGE 10 USF11ter RecoverServices Semi -Annual Storm Water Qualitative Monitoring Date of Monitoring Location of Monitoring Person Conducting Monitoring Disct Color Odor Characteristic Floating Solids Suspended Solids roam Oil Sheen Other obvious indicators of storm water pollution ©ischarge.at detention pond print Description of Ohse te"CLr YL 6 v64_ ov Signature 02/03/2009 16:17 7044554678 US FILTER PAGE 11 L SFilter Recove Services Semi -Annual Storm Water Qualitative Monitoring Date of Monitoring 4--a-Z 6 4q Location of Monitoring Q k=.,s,e, A �-ff P� t a.��-"`-lam""-d Parson Conducting Monitoring ra..4, Print Signature Discharge Characteristic Description of Observations Ct�it�r r y,, Odor Clarity Floating Solids Sus ended Solids Foam Oil Sheen A OK ce Other obvious indicators of storm watar pollutionA De„ ,. X r � ' 02/03/2009 16:17 7044554678 US FILTER PAGE 12 USFilter Recovery Services Semi -Annual Storm Water Qualitative Monitoring Date of Monitoring Location of Monitoring Person Conducting Monitoring 2. /-Iao(p Disch rgo et detention pond Print Signature 02/03/2009 16:17 7044554678 US FILTER PAGE 13 U Filtear Recovery Services 2115 Speedrnii Court Concord, NC 28025 Storm Water Monitoring NPIDES Permit #NCS000390 The plant's storm water retention basin has not received enough precipitation to allow for measurable discharge from the basin's SDO during 2005, No qualitative sampling was performed. AAA?A_., Print ,..�,�.. r� Tide ! -;-/2- 4l0 Date 02/03/2009 16:17 7044554678 US FILTER PAGE 14 UFilter Recoire Services Semi -Annual Storm Water Qualitative Monitoring Date of Monitoring Location of Monitoring Iverson Conducting Monitoring Print Signature 02/03/2009 16:17 7044554678 US FILTER PAGE 15 Uffilter Recovery Services Semi -Annual Storm Weer Qualitative Monitoring Date of Monitoring q { i 3I o r Location of Monitoring Discha a at detention pond Person Conducting Monitoring Print Signature Color Odor Clarity Floating Solids (Suspended Solids Foa m Oil Sheen Other obvious indicators of storm water pollution •.ri tion of Observations V1 0 W-t- pi 9 e0— /1 o r] R1- 02/03/2009 16:17 7044554678 US FILTER PAGE 16 USF'11ter Recovery Services 2115 Speedrail Court. Concord, NC 28025 Storm Water Monitoring NPDES Permit #NCS000390 The plant's storm water retention basin has not received enough precipitation to allow for measurable discharge from the basin's SDO during 2004. No qualitative sampling was performed. ?4nkl a. ?, Print Signature rall-L Title J 2-12d lo Date 02/03/2009 16:17 7044554678 US FILTER PAGE 17 USFilter Recovery Services Semi -Annual Storm Water Qualitative Monitoring Date of Monitoring 5g- o Location of Monitoring Discharge at detention pond Person Conducting Monitoring 44rw— P,- r- �;, Print Signature Discharge Charseteriotic Description of Observations Color Odor tj 0 n p— Clarity ` r 1.0__L4 ►''lyre Floatinq Solids ! ._ _ . I r t fl Solids Foam Oil Sheen > O t Other obvious indicators of storm water pollution y1 Q,0 02/03/2009 16:17 7044554678 US FILTER PAGE 18 USFUter Recovery Services Semi -Annual Storm Water Qualitative Monitoring Date of Monitoring =i/ �— Location of Monitoring Discharge at detention pond Person Conducting Monitoring Ali,, t-life.,.— Print Signature Discharge Characteristic Description of Observations Color ''Ca r- Odor 4 &^.0, Clarity Floating Solids Suspended Solids Foam Oil Sheen oaf Other obvious indicators of storm water pollution P. 0 ru-c, .02/03/2009 16:17 7044554678 US FILTER PAGE 19 USFilter Recovery Services 2115 Speedrail Court Concord, NC 28025 Storm Water Monitoring The storm water retention basin at the Concord facility has a permeable bottom and has not received enough precipitation to allow for measurable discharge from the basin's SDO daring 2003. No qualitative sampling was performed. I � f 2-410,� 02/03/2009 16:17 7044554678 US FILTER PAGE 20 USFIlterec�overy Services .'Semi -Annual Storm Water Qualitative Monitoring Date of Monitoring 11 - Location of Monitoring t?ischar a 8t detention pond Person Conductin25 g Monitoring Jt E _14.1,0 Print nature Color Odor Cleri Floating Solids Suspended So Foam Dil Sheen -]Other obvious indicetars of storm )eacription of Observations C �r A . O j �, vV CIS Beverly Eaves Perdue Governor �� q! 30 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director February 9, 2009 Individual NPDES Stormwater Permit Renewal Transmittal Cover Page To: Mooresville Regional Office, Mike Parker Subject.- NPDES Stormwater Permit No. NCS000390 I lydwcarlbuli Recovery Services, Ills. Concord, NC (Cabarrus County) Attachment Description ® Staff Report ® Draft Permit ® Renewal Application Please sign Staff Report and provide comments. Dee Freeman Secretary DWG-Surfat-.eater Pioie ion Return to Robert Patterson at the Central Office by March 13, 2009. Robert Patterson Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1, Affirmative Action Employer NorthCarolina Permit No. NCS000390 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Caroling-Fnvironmental Management Commission, and the Federal Water Pollution Control Act, as amended, Hydrocarbon Rec( is hereby authorized to Hydrocarbon Re ices. Inc. from a facility located at es, Inc. — Concord Facility rail Court 1, NC County to receiving waters designated as Coddle Creek, a class C stream in the Yadkin Pee -Dee 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 June 1, 2009. This permit and the authorization to discharge shall expire at midnight on May 3.1, 2014. Signed this 15"' day of May, 2009. for Coleen H. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000390 PART Section A: Section B: Section C: PART II Section A: Section B: Section C: Section D: PART III TABLE OF CONTENTS INTRODUCTION Individual Permit Coverage Permitted Activities Location T MONITORIN DISCHARGE Stormwate Analytical Qualitativ, On -Site V PERMITTED 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 6. Property Rights 7. Severability 8. Duty to Provide Information . 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers Permit No. NCS000390 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Faciliti Section D: Monitoring and Records 1. Roprosontativo Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall ' 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS 11 Permit No. NCS000390 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 authorized to discharge under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once every five (5) years. SECTION B: PERMITTED A 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 l of 2 SECTION C: LOCATION MAP Permit No. NCS000390 0!2ZNA K I 7 V Z4 V % f 'k- it V, NCS000390 N w S A, Hydrocarbon Recovery Services, Inc. Concord Facility Latitude: 351 20' 17" N Longitude: 80c36'48" W County: Cabarrus Receiving Stream: Coddle Creek Streawi Class: C Sub -basin: 03-07-11 (Yadkin Pee -Dee River Basin) Concord Facility P� 1 2, Facility Location Part I Page 2 of 2 Permit No. NCS000390 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 general permit. The Plan shall include, at a minimum, the following items: Site Plait. The site plait shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of slounwatei dischaig�s. The site plait shall conlaiii the following'. (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge. 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. North Carolina's 303(d) List can be found here: http://h2o.enr.state.nc.us/tmdl/General_303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enr.state.ne.us/tmdl/TMDL list.htm#Final TMDLs. (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. Part II Page I of 10 Permit No. NCS000390 (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 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 reviely of the tei the methods of operations and/or stor of materials and processes to stormw prevent exposure of all storage areas, manufacturing or fueling op( not practical, the stormwater diverting the stormwater run .1 and economic feasibility of changing •actices to eliminate or reduce exposure Whereverpractical, the permittee shall •ial handling operations, and gas where elimination of exposure is )Ian shall document the feasibility of 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 Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected directly 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 the material stored within the contaiiunent area. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A 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. Part 11 Page 2 of 10 Permit No. NCS000390 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or 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 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 4 SPRP. Preventative Maintenance and Good House maintenance and good housekeeping progr, all stormwater control systems, stormwater surface waters and wetlands, industrial acti material handling areas, disposal areas, pro haul roads), all drainage features and struct program shall establish schedules of inspections, maintenance, and housekeeping is well as facility equipment, facility areas, and r stormwater exposure or stormwater pollution. regular cleaning schedules of these areas shall compliance with the established schedules for ng shall be recorded in writing and maintained activities of stormwater control facility systems that present a p Inspection of material handling be incorporated into the progra inspections, maintenance, and I in the SPPP. Program A preventative be developed. The program shall list ;e outfalls, all on -site and adjacent .s;(incl uding material storage areas, is, loading and unloading areas, and I existing structural BMPs. The 5. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified, and their annual training shall be documented by the 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 re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a re-evaluation of the Part II Page 3 of 10 Permit No. NCS000390 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 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 10 Permit No. NCS000390 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 and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. Table 1. Analytical Monitoring Requirements Discharge Characteristics Units Measurement Frequencyl Sample Ty e2 Sample Location3 TSS, Total Suspended Solids mg/L semi-annual Grab SDO COD, Chemical Oxygen Demand mg/L semi-annual Grab SDO pH standard semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain Gauge - Footnotes: 1 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 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 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 stonn event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. Part II Page 5 of 10 Permit No. NCS000390 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. Table 2. Monitoring Schedule - Monitoring periodl,2 Sample Number Start End Year 1 — Period 1 1 June 1, 2009 November 30, 2009 Year 1 — Period 2 2 December 1, 2009 May 31, 2010 Year 2 — Period 1 3 June 1, 2010 ` November 30, 2010 Year 2 - Period 2 Year 3 — Period 1 4 December 1, 2010 May 31, 2011 November 30, 2011 5 June 1, 2011 Year 3 — Period 2 6 December 1, 2011 May 31, 2012 Year 4 — Period 1 7 June 1, 2012 November 30, 2012 Year 4 — Period 2 8 December 1, 2012 May 31, 2013 Year 5 - Period 1 Year 5 — Period 2 9 10 June 1, 2013 November 30, 2013 December 1, 2013- May 31, 2014 Footnotes: 1 Maintain semi-annual monitoring'durii monitoring until the renewed permit is 2 If no discharge occurs during the saint Flow" within 30 days of the end of the process. The applicant must continue semi-annual , the permittee must submit a monitoring report indicating "No sampling period. The permittee shall report the analytical results from the first sample with valid results within the monitoring period. The permittee shall compare monitoring results to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analvtical Monitoring Discharge Characteristics Units Benchmark TSS, Total Suspended Solids mg/L 100 COD, Chemical Oxygen Demand mg/L 120 pH standard 6-9 Part II Page 6 of 10 Permit No. NCS000390 Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark for at anv 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 to 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 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 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, for all parameters at that outfall. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow." 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. Part II Page 7 of 10 Permit No. NCS000390 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 more than 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 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. This site discharges to impaired waters integrity. If a Total Maximum Daily Lo, Creek, the permittee may be required to submit results to the Division of Water results in determining whether additions to the maximum extent macticable. fencing problems with turbidity and biological 1DL) is approved for this segment of Coddle >r for the pollutant(s) of concern in the future and The Division will consider the monitoring s are needed to control the pollutant(s) of concern If additional BMPs are needed to achieve the required level of control, the permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. Part II Page 8 of 10 Permit No. NCS000390 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 the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table n. 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 9 of 10 Permit No. NCS000390 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 I Sample Ty e2 Sample' Location3 pH standard semi-annual Grab SDO Oil and Grease mg/l semi-annual Grab SDO Total Suspended Solids mg/l semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain gauge New Motor Oil Usage gallons/month semi-annual Estimate - Footnotes: 1 Measurement Frequency: Twice per year during a represent permit is issued for this facility or until this permit is revoke the permittee has submitted the appropriate paperwork for a permittee will be considered for a renewal application. The. the renewed permit is issued. See Table 2 for schedule of in cycle. 2 If the stormwater runoff is controlled by a pond shall be collected within the first -.30 : 3 Sample Location: Samples shall be stormwater runoff from area(s) whe; 4 For each sampled representati gauge reading must be record( of nt, for each year until either another If at the end of this permitting cycle before the submittal deadline, the continue semi-annual monitoring until Is through the end of this permitting i pond a grab sample of the discharge from the from the pond. .water discharge outfall (SDO) that discharges 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 II 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 10 of 10 Permit No. NCS000390 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 stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the 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 facilities' previously 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. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. 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. 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 imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $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 CFR 122.41(a).] C. 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. NCS000390 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class Il 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. 4. Civil and Criminal Liability Except as provided in Part III, 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, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 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. NCS000390 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 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-2153.6 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any Director may require modification or incorporate such other requirements required to notify the Division in w Signatory Requirements All applications, reports, a. All applications except after notlee to and approval by the Director. The tion and reissuance of the permit to change the name and be necessary under the Clean Water Act. The Permittee is in the 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. NCS000390 responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the Information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing, violation,." 4. Individual Permit Modification. Revocation and 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 Adn General Statute 143-215.1 et al. Permit Actions The permit may be me changes or anticipated SECTION C: OPERATION Proper Operation and Maintenance actor from reopening and modifying the or terminating the individual permit as , Code of Federal Regulations, Parts 122 Subchapter 2H .0100; and North Carolina ued, or lei mivaled for cause. The notification of planned 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. NCS000390 b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The pennittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will. meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be`changed without notification to and approval of the Director. 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; The analytical techniques or methods used; and f. 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. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. Part III Page 5 of 8 Permit No. NCS000390 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 stor nwater 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 records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring; instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon 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 REQUIREMENT'S Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) 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. 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. Part III Page 6 of 8 Permit No. NCS000390 ►0 8. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report (QMR) form provided by the Division, and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 3") 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. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. 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 appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from Part III Page 7 of 8 Permit No. NCS000390 the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 Permit No. NCS000390 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMP REQUIREMENTS The permittee must pay the administering and compliance the Division. Failure to pay the fee in timely manner in ac Division to initiate action to revoke the Individual Permit. PART VI 1. Act See Clean Water Act. Arithmetic Mean FEE within 30 (thirty) days after being billed by 5A NCAC 2H .0105(b)(4) may cause this The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting fi-om fire -fighting or fire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page 1 of 5 Permit No. NCS000390 5. 6. 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 Liauid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known USC 1251, et. seq. 8. Division or DWO The Division of Water Quality, Department of 9. - Director The Director of the Di) 10. EMC The North Carolina En 11 12. alct Act (CWA), as auieuded, 33 atural Resources. issuing authority. Commission. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 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 storin resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, Part VI Page 2 of 5 Pages Permit No. NCS000390 16 17 18 19 20. 21 22. 23. 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). Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. Permittee The owner or operator issued a permit pursuant to this individual permit. Point Source Discharge of Stormwater Any diseornible, confined and discreto convoyance. including, bt t'not ,specifioally limitod to, any pip(c, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 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. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 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; Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements; and C. That meets at least one of the following criteria: Part VI Page 3 of 5 Pages Permit No. NCS000390 (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. 24. 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. 25. 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. 26. 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). 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 Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14) The term does not include discharges fi•om facilities or activities excluded from the NPDES program. 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 30. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Part VI Page 4'of 5 Pages Permit No. NCS000390 31 32 Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL isa detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the. water quality .standards and TMDL programs 33. "Ibxic Pollutant 34. 35. 36. 37 Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly. designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 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. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages PERMIT COVERAGE Y RENEWAL APPLICATION FORM Permit Number National Pollutant Discharge Elimination System NCS000390- Stormwater Discharge Permit THIS APPLICATION MUST BE SIGNED AND RETURNED ALONG WITH THE REQUESTED SUPPLEMENTAL INFORMATION TO THE DIV. OF WATER QUALITY IN ORDER FOR YOUR FACILITY TO QUALIFY FOR RENEWAL OF YOUR STORMWATER PERMIT NCS000390 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections as necessary in the space provided to the right of the current information. OWNER INFORMATION Owner/Org. Name: US FILTER RECOVERY SERVICES Owner Contact: Mailing Address: Phone Number: Fax Number E-mail address: FACILITY INFORMATION Facility Name: US FILTER RECOVERY SERVICES Facility Contact: Facility Address: 2115 SPEEDRAIL CT CONCORD, NC 28025 Phone Number: Fax Number E-mail address: PERMIT INFORMATION Permit Contact: TERRY MALONE Mailing Address: 2115 SWEETRAIL CT CONCORD, NC 28025 Phone Number: 7044551333 Fax Number: E-mail address: DISCHARGE INFORMATION Discharge Receiving Water: Stream Class: Basin: Sub -Basin #: Number of outfalls: CERTIFICATION T�c.in..a.®ions � S 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 �. Date 2/9 1 p 7 n.1 j i da Print or type name of person signing above Title Please return this completed renewal application form to: Individual Permit Renewal Attn: Mr, Mike Randall Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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: Initials (Do not submit the site Stormwater Pollution Prevention Plan) 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. �r 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. Ahu 4. A sunnmary of the Best Management Practices utilized at the permitted 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. �i 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 ldst years monitoring results should be submitted within N 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. C•\ Q Michael F. Easley, Governor G William G. Ross Jr., Secretary ram- North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division o6f Water Quality January 25, 2007 1� S US FILTER RECOVERY SERVICES ATTN: TERRY. MALONE, OR SUCCESSOR 2115 SWEETRAIL CT CONCORD, NC 28025 Subject: NPDES Stormwater Permit Renewal US Filter Recovery Services . — Permit Number NCS000390 a� Dear Permittee: Cabarrus County Your facility is currently covered for stormwater discharge tinder � 1 � g der NPDES Permit NC:S000390. This permit exl,is� on April .l0, '2007. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued _ coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed You will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplemental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by March 4, 2007 in order for the permit to be renewed by April 30, 2007. Failure to request renewal by March 4, 2007 may result in a civil assessment of at least $500.00. Larger penalties may, be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Mike Randall of the Stormwater Permitting Unit at (919) 733-5083, ext. 545. Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit cc: Central Files Stormwater Permitting Unit Files Regional Office NorthCarolina naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: www.newateroualit�rg Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax 919 733-9502 ( ) 1-877-62376748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper N.C. Division of Water Quality, Stormwater and General Permits Unit Facility Name: US FILTER RECOVERY SERVICES Permit Number: NCS000390 Location Address: 2115 SPEEDRAIL CT CONCORD, NC 28025 County: CABARRUS "I certify, uiidei penalty of law, that the Stormwater Pollution Prevention Plan (SI'1'1') 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 persons 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" "I certify that the SPPP has been developed, signed and retained at the facility location and the SPPP has been fully implemented at the named facility location in accordance with the terms and conditions of the stormwater general permit." "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 THE E STORMWATER POLLUTION PREVENTION PLAN WITH THE CERTIFICATION. Signature f� Date �. ��' `7 Print or type name of person signing above Title —0,, ® e v- SPPP Certification 2/99 P. , a . _._. CURB & GUTTER CONVEYANCE r m II Or 5p0 n OS�u15 Aviv m r/ Ir- _ TREESMT ci �AnmmNNeo - —_--— .•il � —MIN N 99.fi0' -r Ail yn o ¢¢ 3 \ A , 68. J in Z a 1 U of LLI _1 z��\K \ J f`h ����I s1� _ ) J� ; � '(; / �Q�`:-�zr. x. - � �1 •F �1 `� ,� ph Q. � • _ '- r. _.. � � �fi'; LIJ Fn ....-. ` 2,: ' .li ¢ .�� _ci \ '��I \\ t ,5' ,•.\<, ,tea ;own � m \ I� /Y �/ � too N Mr. Thomas Tomascik Hydrocarbon Recovery Services, Inc. 2115 Speedrail Court Concord, NC 28025. Dear Mr. Tomascik: Beverly Eaves Perdue, Governor e V�SeNorth Carolina Dep i -61 r Nat ar „��S i. tpfl FDivision of Water Quality January 22, 2009 JAN 2 2009 f j� lff pe W,a,er fro � Jjffi Subject: NPDES Permit Renewal Application Hydrocarbon Recovery — Concord Facility Permit Number NCS000390 Individual Stormwater Permit Cabarrus County The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000390 on February 9, 2007. We apologize for the lengthy delay in responding to your submittal and are now making every effort to review your permit renewal as expeditiously as possible. Our Unit anticipates making significant progress on individual permits over the next six months to reduce our backlog. We are currently beginning our review of your renewal application. Please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater.permit. As long as you have submitted a complete renewal request package and maintain compliance with those permit conditions, stormwater discharges from this facility are authorized by that permit until the Division issues a renewal permit or notifies you of an alternative action. No additional information is required at this time, but we may contact you in the future. Please notify us if any significant changes have taken place at this. facility since you submitted the renewal package. If you have any questions about this matter, please contact me at (919) 807-6375, robert.patterson@ncmail.net. Sincerely, Robert D. Patterson, PE Environmental Engineer Stormwater Permitting Unit cc: Mooresville Regional Office . Stormwater Permitting I Tnit Files Central Files Nne oikhCarolina Nahlrallif North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 807-6494 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper �, � t � �. r ist '� Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality January 16, 2008 Mr. Thomas Tomascik Hydrocarbon Recovery Services, Inc. 2115 Speedrail Court Concord, NC 28025 Subject: Permit No. NCS000390 Hydrocarbon Recovery -Concord Facility Fuilnerly Siemens Water Technologies Cabarrus County Dear Mr. 'Tomascik: Division personnel have reviewed and approved your request to change the your name under the individual permit, received on October 10, 2007. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions, please contact the Stormwater Permitting Unit at (919) 733-5083, extension 502. cc: DWQ Central Files Mooresville Regional Office Stormwater Permitting Unit Sincerely, 4 -16/ C3 oleen H. Sullins NC DCNR MKV D%t"1Q-Suffkace Water Protection Nor�`thCarolina �atura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT NO. NCS000390 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, HYDROCARBON RECOVERY SERVICES, INC is hereby authorized to discharge stormwater from a facility located at HYDROCARBON RECOVERY SERVICES, INC.-CONCROD FACILITY 2115 SPEEDRAIL COURT CONCORD CABARRUSCOUNTY to receiving waters designated as Coddle Creek, a class C stream, in the Yadkin Pee -Dee River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, and VI hereof. This permit shall become effective January 16, 2008 This permit and the authorization to discharge shall expire on August 31, 2008 Signed this day January 16, 2008 0 P� Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission 1 Da rct V Naimf Water Technologies LEGAL DEPARTMENT, 181 Thorn Hill Road, Warrendale, PA 15086 1 October 2007 Peter Davis Telephone 724-772-1358 Fax 724-772-1420 Email PeterJ.Davis(a)-Siemens.com Internet www.usfilter.com North Carolina Department of the Environment and Natural Resources Division of Water Quality NPDES Unit Mail Strvico Center 1617 Raleigh, NC 27699 RE: Separation of Hydrocarbon Recovery Services, Inc. from Siemens Water Technologies Corp. NPDES # NCS000390 Dear Sir/Madam: On August 31, 2006, you were notified that the legal entity U.S. Filter Recovery Services (Mid -Atlantic), Inc. was merged into its immediate parent company, Siemens Water Technologles Corp. As a result, U.S. Filter Recovery Services (Mid -Atlantic), Inc. ceased to exist, and Siemens Water Technologies Corp. succeeded by operation of law to all of the former U.S. Filter Recovery Services (Mid -Atlantic), Inc.'s assets and liabilities. Effective October 1, 2007, Siemens Water Technologies Corp. is separating the assets of the aforementioned facilities into the legal entity Hydrocarbon Recovery Services, Inc., which is a direct, wholly -owned, subsidiary of Siemens Water Technologies Corp. No change of ownership is occurring and there will be no change in facility personnel or operations as a result of transferring these business assets into a wholly -owned subsidiary. As a' result of this separation, Hydrocarbon Recovery Services, Inc. will succeed to, and become the new permittee under NPDES #NCS000390 currently issued to Siemens Water Technologies Corp. I understand that the permit[s] will remain in effect and its [their] status will not otherwise be affected by the separation. Please notify me at your earliest opportunity if this is not the case. Thank you for your attention to this request. IA11"'YOUNI Mxw� Page 2 Peter Davis, Senior Counsel Please feel free to contact me if you have any questions or require any further information regarding this matter. Sincerely, Siemens Water Technologies Corp. *Peteravis Enclosures: Name Change Form n�x Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimck, P.E. Director Division of Water Quality I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N:C S 10 10 1 0 3 9 0 N C G] II. Permit status prior to status change. a. Permit issued to (company name): Siemens Water Technoloqies , Corp. b. Person legally responsible for permit: Frank Baldwin First / MI / Last Branch Manager Title 2115 Speedrail Court Permit Holder Mailing Address Concord, NC 28025 City State Zip (804) 455-1333 ( ) Phone Fax c. Facility name (discharge): Concord Facility d. Facility address: 2115 Speedrail Court Address Concord, NC 28025 City State Zip e. Facility contact person: Frank Baldwin ( 704) 455-1333 First / MI / Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of ❑ Change in ownership of the facility U Name change of the facility or owner If other please explain: b. Permit issued to (company name): Hydrocarbon Recovery Services, Inc. c. Person legally responsible for permit: Thomas Tomascik First / MI / Last Branch Manager Title 2115 Speedrail Court Permit Holder Mailing Address Corncord, NC 28025 City State Zip (705) 455-1333 Phone E-mail Address d. Facility name (discharge): Concord Facility e. Facility address: 2115 Speedrail Court Address Corncord, NC 28025 City State Zip f. Facility contact person: Thomas Tomascik First / MI / Last (704) 455-1333 Phone E-mail Address n,,..:...,a 711nnc PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information: (if different from the person legally responsible for the permit) Permit contact: First / MI / Last Title Mailing Address City State Zip Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ® This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. ................................................................................................... The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, Peter Davis 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 is not included,.this application pa age will b med as incomplete. to7 / Signature Date APPLICANT CERTIFICATION: 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 is not included, this application package will be returned as incomplete. Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 US FILTER RECOVERY SERVICES ATTN: TERRY MALONE, OR SUCCESSOR 2115 SWEETRAIL CT CONCORD, NC 28025 Dear Permittee: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources JAN 3 C 2007 January 25, 2007 Alan W. Klimek, P.E. Director Division of Water Quality Subject: NPDES Stormwater Permit Renewal US Filter Recovery Services Permit Number NCS000390 Cabarrus County Your facility is ctureutly coveted for storuwater discharge under NPDES Permit NC;S000390. 'Plus permit expires on April 30, 2007. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplemental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by March 4, 2007 in order for the permit to be renewed by April 30, 2007. Failure to request renewal by March 4, 2007 may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Mike Randall of the Stormwater Permitting Unit at (919) 733-5083, ext. 545. Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit cc: Central Files Stormwater Permitting Unit Files Regional Office 0*1010off TWO le ""o�` NnCarolina ✓vaturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: www.ncwaterquality,org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877 623 6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/t0% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 22, 2006 Mr. Frank Baldwin Siemens Water Technology Corp. 2115 Speedrail Court Concord, NC 28025 Subject: Permit No. NCS000390 Siemens -Concord Facility Formerly US Filter Recovery Services Cabarrus County Deal Mt. Bald\vitr: Division personnel have reviewed and approved your request to change the your name under the individual permit, received on September 11, 2006. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions, please contact the Stormwater Permitting Unit at (919) 733-5083, extension 502. Sincerely, ORIGINAL SIGNED By vE1 ! PICKLE Alan W. Klimek P. E. cc: DWQ Central Files Mooresville Regional Office, Water Quality Section Stormwater Permitting Unit Noy` Carolina tumily North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.encstate.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY INDIVIDUAL PERMIT NO. NCS000309 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended,, SIEMENS WATER TECHNOLOGIES, CORP. is hereby authorized to discharge stormwater from a facility located at SIEMENS WATER TECHNOLOGIES, COR.-CONCORD FACILITY 2115 SPEEDRAIL COURT CONCORD CABARRUSCOUNTY to receiving waters designated as Coddle Creek, a class C stream, in the Yadkin Pee -Dee River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, and VI hereof. This permit shall become effective September 22, 2006. This permit and the authorization to discharge shall expire at midnight on August 31, 2008. Signed this day September 22, 2006. OR!'13"I L &G D \' 5N 'PICKLE Alan W. Klimek, Director Division of Water Quality By Authority of the Environmental Management Commission NCS000390 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY n'y' D-UDA/ffr TO DISCHARGE STORMWATER UNDER THE 15 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYS �`� In compliance with the provisions of North Carolina Gene�aIStatute�.143-215.1, other lawful slandaids and iegulaLions piomulgded acid adopted b the 1�1����Cffuulitia En vhotir unLul Management Commission, and the Federal Water`��ution rol Act, as amended, US is hereby authorized to discharge stonnwi tekfto%' facility located at Speedrail Court oncord, NC >arrus County to receiving waters design, 4"Coddle Creek, a class C stream, in the Yadkin -Pee Dee 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. This permit shall become effective September 1, 2003. This permit and the authorization to discharge shall expire at midnight on August 31, 2008. Signed this day August 15, 2003. (All dates are only tentative until the permit is issued) for Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000390 TABLE OF CONTENTS PART I INTRODUCTION Section A: , Individual Permit Coverage Section B: Permitted Activities Section C;: Location Map PART H MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers I Permit No. NCS000390 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry . Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS it Permit No. NCS000390 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. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 SECTION C: LOCATION MAP V`1307 J ,",• f / f l ,� /i !) ! v 1 1 1T6i Part I Page 2 of 2 Permit No. NCS000390 f J' 8 a.i rrl I d • nr Permit No. NCS000390 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 storinwa(er discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate stotn sewer system, (lie name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (c) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: Part II Page 1 of 6 Permit No. NCS000390 (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 pem- ittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are curintcted dittcLly to stuiinwa.tei conveyance systetris, the: conne Dion shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Recoids documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Part II Page 2 of 6 Permit No. NCS000390 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permttee shall amend the Plan whenever [here is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Part II Page 3 of 6 Permit No. NCS000390 SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 7 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum 7 analytical samplings in accordance with the schedule specified below in Table 2. Table 1. Analytical Monitoring Requirements Ammonia, NH3 as N mg/l Annually year 1, 2, 3 Grab SDO Quarterly year 4 Total Rainfall4 inches Annually year 1, 2, 3 Quarterly year 4 Event Duration4 minutes Annually year 1, 2, 3 Quarterly year 4 Total FloW4 MG Annually year 1, 2, 3 _ SDO Quarterly year 4 Footnotes: I Measurement Frequency: Once per year during years 1, 2, and 3 of the permit term. Each quarter during the 4,h year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Part II Page 4 of 6 Permit No. NCS000390 Table 2 Monitoring schedule Monrtoringpexxod % Sample Number Mart Enc Year 1 1 September 1, 2003 August 31, 2004 Year 2 2 September 1, 2004 August 31, 2005 Year 3 3 September 1, 2005 August 31, 2006 Year 4 - 15` quarter 4 September 1, 2006 November 30, 2006 Year 4 - 2°d quarter 5 December 1, 2006 February 28, 2007 Year 4 - 3rd quarter 6 March 1, 2007 May 31, 2007 Year 4 - 41h quarter 7 June 1, 2007 August 31, 2007 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 3. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm event. In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 3. Oualitative Monitoring Requirements �isha�rge Chaacter`isticsF egxency ' Mon�to1r�ng Lacatidnt Color Semi -Annual SDO Odor Semi -Annual SDO Clarity Semi -Annual SDO Floating Solids Semi -Annual SDO Suspended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO Other obvious indicators Semi -Annual SDO of stormwater pollution Footnotes: 1 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. Part II Page 5 of 6 Permit No. NCS000390 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 4. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 7 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permitter shall complete the minimum 7 analytical samplings in accoidanct with the schedule specified in Table 2 (PwL II, Sectiun D). Table 4. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Disiarge Charactristcs UAiuts Msuremen ample ple jF ..t...to ,.w ,..,.,. , _a-�—a5 �. r,.-u .:..':�.., uP.. ,, n. ✓.. ., ,. ': ,...,w. ..............: i, a..t.�, rc.., .= P ,....a.. ",_,�' .a.,,,..T.. '.a ....... .. �- , .,..u�,-,>ua. -i s —_.. v,.lb`�#;[ pH standard Annually year 1, 2, 3 Grab SDO Quarterly year 4 Oil and Grease mg/l Annually year 1, 2, 3 Grab SDO Quarterly year 4 Total Suspended Solids mg/l Annually year 1, 2, 3 Grab SDO Quarterly year 4 New Motor Oil Usage gallons/month 3 2 year 1, , Annually y Estimate - Quarterly year 4 Total Flow4 MG Annually year 1, 2, 3 Grab SDO Quarterly year 4 Footnotes: 1 Measurement Frequency: Once per year during years 1, 2, and 3 of the permit term. Each quarter during the 41h year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Part II Page 6 of 6 Permit No. NCS000390 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 stormwater discharges in accordance with the following schedule: Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part 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 reissuance, or 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 $27,500 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 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 imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143- 215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. Part III Page 1 of 8 Pages Permit No. NCS000390 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Part III, 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, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the pernuttee 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. Property Riehts The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 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 Part III Page 2 of 8 Pages Permit No. NCS000390 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 1. Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any pernuttee 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 NCCTS § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. Siiznatory Reauirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental Part III Page 3 of 8 Pages Permit No. NCS000390 matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Individual Permit Modification Revocation and Reissuance or 'Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry Part III Page 4 of 8 Pages Permit No. NCS000390 weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Samplinn, Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Part III Page 5 of 8 Pages Permit No. NCS000390 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. 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 records of all monitoring information, including all calibration and maintenance lecolds and all original strip chart recordings for continuous monitoring Instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon 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 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. Submitting Rooms Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section A I" TENIION : Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part III Page 6 of 8 Pages Permit No. NCS000390 Availabilit o�ports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stoinwaUa discharge morhitoriug iepoit. 5. Plantteci 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). 6. 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. 7. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the 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. 8. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Part III Page 7 of 8 Pages Permit No. NCS000390 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 Pages Permit No. NCS000390 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS Act See Clean Water Act. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page 1 of 5 Permit No. NCS000390 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Pedwal Water )pollution Cuuliol Act, also known as the Clean Watei Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. 9. Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. 11. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. Part VI Page 2 of 5 Pages Permit No. NCS000390 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 18. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 19. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 20. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 21. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 22. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and C. That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table 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. Part VI Page 3 of 5 Pages Permit No. NCS000390 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 Skills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 26. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 27. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 28. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 29. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. 30. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 31. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VI Page 4 of 5 Pages Permit No. NCS000390 32. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 33. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 34. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 35. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages Staff Review and Evaluation NPDES Stormwater Permit Contact: Aisha Lau (919-733-5083, ext. 578) AND HATUPAL RESOURCES 3 0 2003 Facility Name: US Filter Recovery Services NPDES Permit Number: NCS000390 Facility Location: 2115 Speedrail Court Type of Activity: Used oil recycling SIC code (if applicable): 5093 Receiving Stream: Coddle Creek Stream Classification: C Proposed Permit Requirements: See permit Compliance Schedule: See Part III, Section A of attached draft permit Basis for monitoring Seee attached date. summary Basis for other requirements: N/A Response requested by (date): June 20, 2003 5 Prepared by � ure) Date Stormwater and General Penn Unit Supervisor Date Concurrence by r✓ e Water ( Office Regional Office Staff Comments: Date l/S vs Date r} . d' F Rr' 'i Review of NCS000390 analytical data. Parameter Benchmark Outfall #1 Units Ammonia, un-ionized NH3 as N 0.15 ~: 0.3 mg/I BOD5 30 12 mg/I COD 120 82 mg/I Lead 0.033 0.016 mg/I Nickel 0.789 0.01 mg/I Nitrate + Nitrite 10 0.2 mg/I Oil and Grease 30 5 mg/I Phosphorous 2 0. 561 mg/I TKN 20 1.4 mg/I TSS 100 44 mg/I Review of the above data showed that the highlighted parameter, Ammonia, occurred at a level of concern. Since the pollutant listed can come into contact with stormwater due to operations at the site it is my recommendation that it be monitored for annually and then quarterly the fourth year of the permit. NCS000390 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 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,ihe North_Carolina Environmental Management Commission, and the Federal Water?plfution C'cintrol Act, as amended, US is hereby authorized to discharge stormwaterfrom~a facility located at `2115 Speedrail Court .;: `Concord, NC Cabarrus County to receiving waters designatedas Coddle Creek, a class C stream, in the Yadkin -Pee Dee 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. This permit shall become effective September 1, 2003. This permit and the authorization to discharge shall expire at midnight on August 31, 2008. Signed this day August 15, 2003. (All dates are only tentative until the permit is issued) for Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000390 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers 11 Permit No. NCS000390 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No. NCS000390 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. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 Permit No. NCS000390 SECTION C: LOCATION/ MAP _ p '�-.... t•. ��F—,-`•` �\ `� �v / 1 v � ��\l a 1 ;+t .� ;�/;C��yrY - � ..t..-7..• ! `,.`.,cJit;;_ ...;ve.r�-' \` '\ �am J' - !�// -+cam 1i�.+ • •,;•��G .-•� s ���� U y�yi.' \a\ :C tp 8i. /�/+e ;�.�''�••/ j `•'!j'"1`y .6's'C %i- %!.� ..�+e Q{�'616?+✓i; -'H - v. ..:'r - i �._..V f,•; �_ :;, '�"r��J, - (r�,u_..-- ! i 7 ti%� 1 /�//7/ /r,1tt� /�. + ,�_i �(t //�/'+ � 9 .i \ `\�`j''{8�.' .. \` .� ' ..]r+ �• : f\'t. �\'t1 � / t� u 111111�J'd,•, al f ; 1: 1'•,�. , C _ ns :�J�=��„�/l,/)1��'(����� •;i �� � ��, I3Q3 a _\ r i L� , S'` � /,i �;,� � �\ 1�, �/'J •� ' �/ ,r�a`'//r' bR. �/ \ td �.J f._ '� "'f / !Q4 _z _ — \�`_� �� .. I L �/1 � .i `_lam _!• �;. p(��C •/:. �\ .s \t \``�— :?/6GL' � . �cs � f ��� �:r/ ! i � � i �� G.. � � , �..!�"r ,2J, i. C// • 1 If` fir.` `y L- / l'�� ��/ ! '�/-. �/ � ��� � �%,;�V \ �.! �' f� _ c- -•, �. a ra 2 A:'/11{� "'(/�1 �l� 111;rrj �•vj� fz- 'p}/"P �\i ��/ � '�/t r�./�� � �.��-fIJj2•,�\� �r�•\t\`1`f\, % r.�r:� 1, IF{� �u�r--2SI,� �\:'� ��.�. � / �� % ��11 1 40`�� l--• �\`� `�, ```-�' i + `! � � ^ ! 1 ' tA`� �\� ` ' � - , ':r � i Yt1 �ti:`N,f ` C t. _ 'oidl� . g /' �.-� �'oed / _ ) t+I 1, �.i —�.7 J iU �\ �`.•� '.` , •f b %-\.,'�� ; -��5 i,4� f ": ; `� /;_.�5�-�v �`\ \ � ! � -�---� _'i _.'� cb r ;` � j� ' �; �J�{.�� � �i ff • %1`/ � /(/' `.i , r \\...-`-i-� � t I' 1 Ye �� t 1 ,'\.� t 7 `�--'�SB3� �--. \tip �� i• ����� f� ' C�� \ i'/� i ' /! •- R �� ,� \y ��%`• �:- �, 1 \' (w'! 1. �`�;f• %� t• ,'l� Tsotln Lakes/;:: ✓—� _ l� \ __ � �j�l �u_' / {� �,r !'v / �' . �• / �\ � � /� !� i L 91 rn _ i !.-J � /' ram,'( \ "a�l��.,`'`,� ;, '1 �� , ` ,.1 �• \ s' � � � �•'- J f 1' iv�.l,<r, %>• � Ott SS 21fi1 ; o,, � �� { ,� �: � tti.1�`� ��� r` i � Cty i ��--_ �/� _�/ i � �� �� '��( ,•f ;.rl/� ��� - - t � '} � ��•✓'\. \�•+ �"l,�r '�41 ��-,-...1r f I � j ,r � iii �� �t�� �t A� Part I Page 2 of 2 Permit No. NCS000390 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (c) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: Part II Page 1 of 6 Permit No. NCS000390 (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are cut►t,ected directly to stuiiriwate l Conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaiiunated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan maybe a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Part II Page 2 of 6 Permit No. NCS000390 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 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. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Part H Page 3 of 6 Permit No. NCS000390 SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 7 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum 7 analytical samplings in accordance with the schedule specified below in Table 2. Table 1. Analytical Monitoring Requirements Discharge Measurement Frequencyl Sample Sample Characteristics Units Type2 Locationl Ammonia, NH3 as N mg/l Annually year 1, 2, 3 Grab SDO Quarterly year 4 Total Rainfa114 inches Annually year 1, 2, 3 Quarterly year 4 Event Duration4 minutes Annually year 1, 2, 3 Quarterly year 4 Annually year 1, 2, 3 _ SDO Total Flow4 MG Quarterly year 4 Footnotes: 1 Measurement Frequency: Once per year during years 1, 2, and 3 of the permit term. Each quarter during the 4i° year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Part II Page 4 of 6 Permit No. NCS000390 Table 2 Monitoring schedule - Monitoring period Sample Number Start End - Year 1 1 September 1, 2003 August 31, 2004 Year 2 2 September 1, 2004 August 31, 2005 Year 3 3 September 1, 2005 August 31, 2006 Year 4 - 1" quarter 4 September 1, 2006 November 30, 2006 Year 4 - 2°d quarter 5 December 1, 2006 February 28, 2007 Year 4 - 3`d quarter -4- 6 March 1, 2007 May 31, 2007 Year 4`h quarter 7 June 1, 21 August 31, 2007 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of iepiesetilalive outfall status and shall be performed as specified below in Table 3. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm event. In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 3. Qualitative Monitoring Requirements Discharge Characteristics Frequency Monitoring Locationl Color Semi -Annual SDO Odor Semi -Annual SDO .Clarity Semi -Annual SDO Floating Solids Semi -Annual SDO Suspended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO Other obvious indicators of stormwater pollution Semi -Annual SDO Footnotes: 1 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. Part H Page 5 of 6 Permit No. NCS000390 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 4. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 7 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum 7 analytical samplings in accordance with the schedule specified in Table 2 (Part H, Section B). Table 4. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Sample Sample Frequencyl Type2 Location3 pH standard Annually year 1, 2, 3 Grab SDO Quarterly year 4 Oil and Grease mg/l Annually year 1, 2, 3 Grab SDO Quarterly year 4 Total Suspended Solids mg/1 wally year 1, 2, 3 Grab SDO Quarterly year 4 New Motor Oil Usage gallons/month 'wally year 1, 2, 3 Estimate - Quarterly year 4 Total FIow4 MG Annually year 1, 2, 3 Grab SDO Quarterly year 4 Footnotes: I Measurement Frequency: Once per year during years 1, 2, and 3 of the permit term. Each quarter during the 4" year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the fast 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Part II Page 6 of 6