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HomeMy WebLinkAboutNCS000386_HISTORICAL WITH APPLICATION_20180806r STORMWATER DIVISION CODING SHEET PERMIT NO. DOC TYPE ❑FINAL PERMIT ❑ MONITORING INFO �PAPPUCATION ❑ COMPLIANCE ❑ OTHER DO DATE ❑ %,OI� po0� YYYYMMDD Central Files: APS _ SWP 8/6/2018 Permit Number NCS000386 Permit Tracking Slip Program Category Status Project Type NPDES SW Active Renewal Permit Type Version Permit Classification Stormwater Discharge, Individual 3.00 Individual Primary Reviewer bradley.bennett Coastal SWRuIe Permitted Flow Facility Permit Contact Affiliation Jamie Watts 6101 Orr Rd Charlotte NC 28213 Facility Name Major/Minor Region Rohm And Haas Chemicals LLC Minor Mooresville Location Address County 6101 Orr Rd Mecklenburg Facility Contact Affiliation Charlotte NC 28213 Laney Smith 6101 Orr Rd Owner Charlotte NC 28213 Owner Name Owner Type Rohm And Haas Chemicals LLC Non-Govemment Owner Affiliation Matthew Church Leader Site 6101 Orr Rd Dates/Events Charlotte NC 28213 Scheduled Orlg Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 8/17/2001 11/1/2013 6/4/2018 6/18/2018 8/6/2018 8/6/2018 7/31/2023 Regulated Activities Requested /Received Events Paint manufacture Region comments on draft requested 6111118 Stormwater (activities not covered) Region comments on draft received 6/28/18 Outfall 001 Waterbody Name Streamindex Number Current Class Subbasin Brier Creek 11-137-8-2 C 03-08-34 Outfall 002 Waterbody Name Streamindex Number Current Class Subbasin Brier Creek 11-137-8-2 C 03-08-34 NC Division of Energy, Mineral and Land Resources Review of Permit Renewal — NCS000386 Rohm and Hass Chemicals, LLC August 6, 2018 SIC 2821— Chemical Manufacturing — Bulk latex polymer manufacturer. Finished product — water based acrylic polymers. Majority ends up being used in paints. Monitoring —The facility has been monitoring for TSS, BOD, Zn and pH. Previous permit did have tier system. o Reviewed data from 2010 through 2018. Facility had continual exceedance of Zn benchmark and sampled monthly for this at one outfall. Was only sampling for that parameter instead of for all. o Don't appear to be any exceedances of BOD or pH at either outfall. BOD removed from draft. pH maintained as a baseline parameter. o Only a couple of exceedances of TSS benchmark at the 001 outfall. Maintain TSS. o Zn — exceeded 8 times from 2010 to 2013 but not since then at outfall 001. Zn exceeded at most sampling events at outfall 002. See discussion below. o Parameters remaining in the permit — TSS, Zn and pH. o Tier structure adjusted to have the three levels as in current permits. o Parameter codes added to permit. Discussed site issues with facility contact —Jamie Watts (6/4/18). This is an acrylic emulsion facility. Finished product is a water based acrylic polymer. Looks like white paint. 75% of what is in paint is this product. A few hazardous materials in their raw materials, but not final product. Three reaction train converts to final polymer material that is not a toxic or flammable material. Facility overview — Facility site plan shows five drainage areas and two outfalls. On the west side there is a high point at the plant entrance. Flow splits from here and drainage around the side of the building around to visitor parking flows to SDO#002 (Warehouse). Loading/unloading area is contained and pumped to wastewater. The warehouse itself (roof) drains to a location that is routed to the wastewater system. Area with finished product is diked and goes to wastewater. Number of areas under roof but with open walls have containment and are evaluated and either released or pumped to wastewater. Stormwater flow goes to small pond near their wastewater monitoring location. It is evaluated and if it hits all checks is pumped to the larger detention pond on the east side of the facility. This pond has a gate valve and water is detained here, evaluated and released manually. Mr. Watts indicated it takes significant rain amounts or multiple events before they release flow. Drainage areas I, II and IV go through the pond system Discussed the Zinc numbers with Mr. Watts. These issues have mainly been at Outfall 002 which only drains the apron around the building. They have taken a number of steps to try and reduce the levels of Zn including redirecting the warehouse roof drains. They feel the Zn results may be due to material from truck tires from truck traffic into the loading/unloading area. There were a number of Zn benchmark exceedances at outfall 001 between 2009 and 2013. May be that the rerouting of the warehouse roof drain impacted these numbers? The Zn benchmark has increased since the previous permit (from 0.067 to 0.125mg/L) so they might not hit the higher benchmark as often. Facility drains to UT to Brier Creek in the Catawba River Basin, a class C stream. 2014 Assessment Report 11-137-8-2 shows no impairment of concern for this facility in this area. Statewide Hg listing, but this facility does not appear to be potential source in these problems. NC National Heritage review— NHP report shows no aquatic resources of concern. MRO — Draft permit to Regional Office and Charlotte -Mecklenburg Stormwater Services on June 11, 2018. Site visit on 6/26/2018, email from James that region is okay to issue — 6/28/2018. Inspection report included notes that recommendations were made to the permitee from MRO/CMSWS for more monitoring and for die testing of inlets to confirm where things drain — wastewater system, starmwater pond, etc. Add language about this to the cover letter for the permit. MRO and CMSWS approved language for letter 8/6/2018. Bennett, Bradley From: Moore, James Sent: Wednesday, August 01, 2018 11:30 AM To: Bennett, Bradley Subject: Rohm and Hass If you can 1 would ask them to confirm that all stormwater inlets in the plant working area and at the rear of the site discharge to either the wastewater treatment system or discharge to the stormwater basin. You can call me on Monday. James Moore MRO 704.235.2138 From: Bennett, Bradley Sent: Thursday, June 28, 2018 10:29 AM To: Moore, James <james.moore@ncdenr.gov> Cc: Khan, Zahid <zahid.khan@ncdenr.gov>; Lee, Angela Y <angela.lee@ncdenr.gov> Subject: RE: NPDES Stormwater Permit Renewals for Review and Site Visit Thanks! These permits are at public notice now with the comment period ending July 18t4. The earliest we can issue the permits is August 3'd. 1 really appreciate you getting to these so we can keep moving forward on them. We will try and incorporate your comments about the Rohm and Hass facility in the cover letter for that one. BB From: Moore, James Sent: Thursday, June 28, 2018 9:50 AM To: Bennett, Bradley,<bradley.bennett@ncdenr.gov> Cc: Khan, Zahid <zahid.khan@ncdenr.gov>; Lee, Angela Y <aneela.lee@ncdenr.gov> Subject: RE: NPDES Stormwater Permit Renewals for Review and -Site Visit Please see that attached inspection reports. Based'on the inspections all site's were in compliance and I recommend issuing all 3 permits as drafted. Please call if questions. ; James Moore MRO-LQ 704.235.2138.. From: Bennett, Bradley Sent: Monday, June 11, 2018 5:05 PM , To: Khan, Zahid <zahid.khan@ncdenr.gov>; Broadway, Chad (Chad.Braadway@mecklenburgcountync.gov) <Chad.Broadway@mecklenburRcountync.gov>; Moore, James <james.moore@ncdenr.gov> Subject: NPDES Stormwater Permit Renewals for Review and Site Visit Hey Guys, I have three permits in Mecklenburg County that I have drafted and ready for review and notice. If possible could you schedule site visits and give us any comments you have in the next 30 days. We plan to have these noticed ready to publish early next week. I will be sending a hard copy of the draft permits to the permitees this week. Below are the three permits, facility contacts and links to folders in Laserfiche where you can find the draft permit and cover letter and other application and review documents. Each of these folders includes information from Mecklenburg County on their recent inspections of the facilities (Thank for this info Chad). There is also a summary of our review of the materials. Hopefully you can access all of the information, but if you need me to send files attached in email, just let me know. • NCS000312 — Dart Acquisitions LLC — 4132 Pompano Drive, Charlotte. Contact: Scott Madix—(248) 860-0703; smadix@dartworl_dw_ide.com https://edocs.decI. nc.gov/Stormwater/0/fol/677389/Rowl.aspx r NCS000334 —JCI Jones Chemicals Inc. —1500 Tarheel Road, Charlotte. Contact: Michael Croke — (704) 392-9767; mcroke@icichem.com. https://edocs.deg.nc.gov/Stormwater/0/fol/679766/Rowl.aspx + NCS000386 — Rohm and Hass Chemicals LLC — 6101 Orr Road, Charlotte Contact: Jamie Watts — (704) 596-3021 x3050; (watts@dow.com htt s: edocs.de .nc. ov Stormwater 0 fol 678765 Rowl.as x Thanks BB Bradley Bennett Stormwater Program NC Division of Energy, Mineral & Land Resources Phone: (919) 807-6392 512 N. Salisbury Street Fax: (919) 807-6494 1612 Mail Service Center Email: bradlev.bennett(a)ncdenr.gov Raleigh, NC 27699-1612 Email correspondence to and from this address may be subject to public records laws Y4.1 C" &" r6^'r VJq'1,,, Prr- �J �,v �ri S+^ A, hu 6s � Ys{4''�� �y lUW CIS Sw ld � ��S A .y'l',A sy 5s%w. 2 ,tr a charlotte Obscruer chariotteotme"er.com I � . I CLakeNorm n Carolina ii��I L T A A U A L � N L %r AFFIDAVIT OF PUBLICATION Account if Ad Number Identification 313698 0003715148 1 PUBLIC NOTICE NC DIV. OF ENERGY, MINERAL. AND LAND RESOU Attention: Laura Alexander NCDEMLR DIVISION OF ENERGY, MINING AND LAND RESOURCES 1612 MAIL SERVICE CENTER RALEIGH, NC 27699 PUBLIC NOTICE NC DIV. OF ENERGY, MINERAL AND LAND RESOURCES' INTENT TO ISSUE THE FOLLOWING STORMWATER DISCHARGE PERMITS Poi comment or objection to the droll permits is invited. Submit written comments to 01 at the addroso below. All comments received through July 18, 2018 will be consid- ered In the final dete<minallon regarding permit issuance and-permll provisions. Applications; The following facilities have applied for renewal of their NPOES permits to dis- charge atorMWater Iron their locations in Mecklenburg County. • DART Acquisitions LLC, 4132 Pompano Head. Charlolta, NC. The facility discharges to Slew art Creek In the Catawba River Basin. Permit NCS00o912, • JCI Janes Chemicals Inc., 1500 Tarhaet Road, Charlotte, NC. The lacllity discharges to Paw Creek in the Catawba River Basin Permit NCS000334. • Rohm and Hass Chemicals LLC, 6101 Orr Road, Chanohe, NC. The raclNty discharges to a W to Grier Creek In the Catawba River Seem. Permll NCS00038e. Slormwater Program Contact: Bradley Bennett 1919) 807d392 braday.bennetI ncden( gov A copy of the drab permit Is available et: hltp:l/deq.ne.goylabouildivisions!energy-mineral-land -regourCealeVents. Additionat permit documents are available for the reproduction met at: DEMLR Stormwaler Program 512 N. Salisbury Street 1612 Mail Service Canter Ralaigh, NC 27e89-1612 LP3715148 RECEIVED JUN 21 2018 DE4NR-LAND QUALITY STORMWATER PERMITTING North Carolina ) ss Mecklenburg County ] Before the undersigned, a Notary Public of said County and State, duly authorized to administer oaths affirmations, etc., personally appeared, being duly swom or affirmed according to law, doth depose and say that he/she is a representative of The Charlotte Observer Publishing Company, a corporation organized and doing business under the laws of the State of Delaware, and publishing a newspaper known as The Charlotte Observer in the city of Charlotte, County' of Mecklenburg, and State of North Carolina and that as such he/she is familiar with the books, records, files, and business of said Corporation and by reference to the files of said publication, the attached advertisement was inserted. The following is correctly copied from the books and files of the aforesaid Corporation and Publication. 1 Insertion(s) Published On, June-18, 2018 Judith ears, Accounting Clerk In Tes ny Whereof I have hereunto set my hand and affixed my seat on the 18th day or June, 2018 3 . „ {• My Commission Expires: 12/1112022 01 . iu t ry }' Notary Signature Cornallance Inspection enost Permit: NCS000366 Effective: 05/01/09 Expiration: 04/30/14 Owner: Rohm And Haas Chemicals LLC SOC; Effective: Expiratlon: Facility: Rohm And Haas Chemicals LLC County: Mecklenburg 6101 Orr Rd Region: Mooresville Charlotte NC 28213 Contact Person: Jeanette Colbert Title: Phone: 704-DOD-OODO Directions to Facility: System Class If Primary ORC: Secondary ORC(s): On -Site Rapresentative(s): Related Permits: Inspection Date: 06/25/2016 Entry Time: 09*00AM Primary Inspector: James D Moore Secondary Inspector(a): Angela Y Lee Reason for Inspection: Routine Permit Inspection Typo: Stormwater DIscharge, Individual Facility Status: Compliant Not Compliant Question Areas: Storm Water (See attachment summary) Certification: Phone: Exit Time: 11;15AM Phone: Inspection Type: Compliance Evaluatlon Page: i permit: NOS000388 Owner • Faclllty: Rohm And Haas Chemicals LLG Inapeetlon Date: 09l281201a Inspection Type : Complianos Evaluation Reason for Walt: Routine Inspection Summary: The inspection was conducted as part of the permit renewal process. Based on the inspection the site was in compliance and I recommend that the new permit be issued as drafted. However, the site is a candidate for further technical assistance. They have been sampling monthy for zinc for many years and have evaluated most sources of zinc contributing the higher discharge levels at outfall 2. Additional sampling was recommended during the inspection. Char/Mock stormwater services also recommended that additional dye testing of the stormwaterlwastewater collection system be'conducted to confirm that all of the site inlets discharge to the wastewater treatment system. Page: 2 Energy,.Min era I and Land Resources ENVIRONMENTAL QUALITY June 11, 2018 Mr. Jamie Watts Rohm and Hass Chemicals LLC 6101 Orr Road Charlotte, NC 28213 ROY COOPER. Govei rtor MICHAEL S. REGAN WILLIAM E. (,rOBY) VINSON. J . bu,.nrn lrr, cror Subject: Draft NPDES Stormwater Permit Permit No. NC5000386 Rohm and Hass Chemicals LLC Mecklenburg County Dear Mr. Watts: Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from the facility's current permit: You are required to collect analytical and qualitative monitoring samples during "measurable storm events" as defined in Part II, Section B. This term is different from the "representative storm event" in earlier permits. Requirements for the stormwater Pollution Plan (SPPP) have been updated in Part II, Section A. Monitoring requirements in the draft permit have changed slightly from the previous permit. Monitoring is proposed for Total Suspended Solids (TSS), Total Recoverable Zinc (Zn) and pH. Monitoring reported in your renewal application showed results for Biological Oxygen Demand (BOD) below the benchmark level. The draft permit proposes to remove BOD from the permit. Comments from our regional staff or other information may result in maintaining this parameters or adding other parameters if it is apparent that your activities in some way have the potential to release them through stormwater runoff. Stormwater benchmarks remain in the permit as before. Keep in mind that benchmarks are not permit limits, but rather guidelines for implementing the Stormwater Pollution Prevention Plan (SPPP). A benchmark exceedance is not a permit violation; however, the permittee must respond to exceedances. The draft permit has modified the tiered response process for benchmark exceedances consistent with other permits in our program. Please become familiar with the tiered process as proper response under the tiers may be enforceable items under your permit. Response to the tiered process may include review of onsite conditions, installation of BMPs or requirements for more frequent monitoring. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1 512 North Salisbury Street I Raleigh, NC 27699-1612 919 707 9200 T NCS000386 Draft Permit Page 2 4. Vehicle maintenance (Tables 4 & 5) monitoring parameters have been revised. Non -Polar Oil & Grease [EPA Method 1664 (SGT-HEM)] replaces Oil & Grease/TPH. The benchmark for Non -polar Oil & Grease using this method is 15 mg/L. This requirement appears in all individual stormwater permits; however, it only applies to facilities that perform onsite vehicle maintenance activities. If the facility begins vehicle maintenance during the permit cycle, the requirements shall apply. Also, pH monitoring is no longer required for discharges only associated with vehicle maintenance activities. The vehicle maintenance language in the permit has also been modified to clarify that these activities include not just vehicles, but also other similar equipment maintenance activities that may be exposed to stormwater. This has always been the Division's implementation of this requirement, but hopefully the adjusted language is a little clearer about this process. 5. Language has been added under Part It Section D to address potential responses to qualitative monitoring issues. 6. A new section on Special Conditions has been added in Part II, Section E to comply with federal regulations requiring electronic submittal of discharge monitoring reports. Our electronic submittal process is not available for use at this time, but we will continue to provide feedback on when this process will be available. 7. Civil and administrative penalty amounts have been updated to reflect current federal law in Part III, Section A, 2(b) and (g). 8. The definition of Bulk Storage of Liquid Materials was revised in Part IV Definitions to omit the language "located in close proximity to each other" as it applies to multiple above ground storage containers having a combined storage of 1,320 gallons. Please review the draft permit and submit any comments to me no later than 30 days following your receipt of the draft. Comments may be emailed to me at bradley.bennett@ncdenr.gov or mailed to my attention at NC DEMLR, Stormwater Permitting Program, 1612 Mail Service Center, Raleigh, NC 27699- 1612. With this notification the Division will solicit comment on this draft by publishing a notice in a local newspaper. Following the 30 day public comment period, the Division will review comments and take appropriate action prior to issuance of the final permit. If you have any questions, please email me or call me at (919) 807-6392. Sincerely, Original Signed by Bradley Bennett Bradley Bennett Stormwater Permitting Program Attachment: Draft Permit NC5000386 cc: Matt Gantt, DEMLR Winston-Salem Regional Office —via email Chad Broadway, Charlotte -Mecklenburg Stormwater Services — via email Stormwater Permitting Program Files NCS000386 DRAFT PERMIT STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT TO DISCHARGE STORMWATER UNDER THE NA3:10M POLLUTANTCHARGE ]ELIMINA:[10bi SYSTEM In compliance with the provisions of North Carolina Gen hLStatute 143-215.1, other lawful standards and regulations promulgated andadopted bythe North Carolina Environmental Management Commission, and the517ederal Water Pollution Control Act, as amended, oti Rohm andfiHass.Cliemicals LLC is hereby authorized'to`;disclia;rge stormwater from a facility located at RohrY4hd Hass Chemical LLC 6101 Orr Road "" Charlotte, NC Mecklenburg County to receiving waters designated as UT to Brier Creek, a class C stream in the Catawba River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, III, and IV hereof. Note: Draft Permit Dotes ore Approximate This permit shall become effective [August 1, 2018]. This permit and the authorization to discharge shall expire at midnight on [June 30, 2023]. Signed this day [August 1, 20181. for William E. (Toby) Vinson Jr., P.E., CPESC, CPM, Interim Director Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission Permit No. NCS000386 DRAFT 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 Requirernents,,_,,�` ,_ Section C: On -Site Vehicle & Equipmr' nt Maintenance Monitoring Requirements Section D: Qualitative Monitoring,Requirements ,�N- 1,�pa \;/ Section E: Special Conditions'a PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability B. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports 11. Onshore or Offshore Construction 12. Duty to Reapply V M Permit No. NCS000386 DRAFT Section B: General Conditions 1. Permit Expiration 2. Transfers 3. Signatory Requirements 4. Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions 6. Annual Administering and Compliance Monitoring Fee Requirements Section C: Operation and Maintenance of Pollution' Controls 01 ArP 1. Proper Operation and Maintenance fi ; 2. Need to Halt or Reduce Not. ,ai;Defense 3. Bypassing of Stormwater,Contr ' o�-Facilities Section D: Monitoring and Records ,i, 1. Representative-S'ampling'7 �t '141 ;�. ��i!01:i,. ''Asa 2. Recording;,R�ey,sult`s��, ; Epa,p;.Ni, if, 3. Flow Measurements iit!df�' 4. Test =ProceduRre"s 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART 1V DEFINITIONS m Permit No. NCS000386 DRAFT 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 Exclusion must submit a No Exposure Certification 'Notice of Intent (N01) form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stiormwater permit; and must recertify the No Exposure Exclusion annually. SECTION B: PERMITTED ACTIVITIES' " Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters oM N r tl�Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this permit. All stormwaterf 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 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. NCS000386 DRAFT J, Fx - - i _ ^,.•+,� fir. � ',�.. 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Latitude:3s" is° 44" N NCS000386 (�,� {i 13t its Longitude: 80 4S 43 W Facility 1 a¢ r Rohm and Hass }}?, ' County: Mecklenburg L�Cal�On = is=,l `t, :�€ : Chemicals LLC �1�Iff Stream Class: C ;) Receiving Stream: UT to Brier Creek Sub -basin: 03-08-34 {Catawba River Basin} 'Effptfh Not to Scale Part f Page 2 of 2 Permit No. NCS000386 DRAFT PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP is public information in accordance with Part III, Standard Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum, the following items: 1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected'to contribute to contamination of stormwater discharges. The Site�Overview shall contain the following: (a) A general location map (USGS quadrangle map`or appropriately drafted equivalent map), showing the facility's location in relation,to transportation routes and surface waters; the name of the receiving waters;to which4the stormwater outfalls !,. of discharge, or if the discharge is to a muni r cipal separate storm sewer system, the errf Jrw: name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the points of stormwater discharge associated with industrial activity. The general loc-`ation map, or Alternatively the site map) shall identify whether any receiving waters arempaired (on the state's 303(d) list of impaired waters) or if the site is located' in a watershed for which a TMDL has been established, and what�the parameters of concern are. (b) A narrative description of'storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale Sufficient to clearly depict: the site property boundary; the stormwater discharge outfalls; all on -site and adjacent surface waters and wetlands; industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads); site topography and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. Part II Page 1 of 12 Permit No. NCS000386 DRAFT (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices�o61iminate or reduce exposure of materials and processes to rainfall and rum"on flows. Wherever practical, the rV /^ \ . r permittee shall prevent exposure of all storage areas,,material handling operations, and manufacturing or fueling operations. In`areas where'elimination of exposure is not practical, this review shall document the°feasibility of diverting the stormwater run-on away from areas of potential contamination:' (b) Secondary Containment Requirementiand '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 an . amount of hazardous substances in order to prevent leaks and spills from.contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyancetsystems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism). Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (5) years. For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit. The Division may allow exceptions to secondary containment requirements for mobile refuelers, as with the exemption provided by amendments to federal SPCC regulations, as long as appropriate spill containment and/or diversionary structures or equipment is used to prevent discharge to surface waters. Exceptions do not apply to refuelers or other mobile tankage used primarily as hulk liquid material storage in a fixed location in place of stationary containers. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall be provided. The installation and implementation of BMPs Part lI Page 2 of 12 Permit No. NC5000386 DRAFT shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have increased potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPWmust be site stormwater specific. Therefore, an oil Spill Prevention Control,and Countermeasure plan (SPCC) may be a component of the SPRP, but may not bye sufficentto.completely address the stormwater aspects of the SPRP. The common elements of tile' SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative /1r maintenance and good housekeeping program shall be developed and implemented. The program shall address all stormwater control systems (if applicable), stormwater discharge outfalls, all on-site,and adlacents' uYface waters and wetlands, industrial �...y "I , y., activity areas (including material,storageareas, material handling areas, disposal areas, process areas, loading and unload ng,areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance and housekeeping activities of stormwater control systems, as well as facility equipment; -facility areas, and facility systems that present a potential for stormwater exposure or'stormwater pollution where not already addressed under another element of the SPPP. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP. 5. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring at the outfalls required in Part I1 B, C, and D of this permit. 6. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. The facility Part it Page 3 of 1Z Permit No. NCS000386 DRAFT personntiel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. 8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include: A 1�1 an updated list of significant spills or (3) years, or the notation that no spi Overview); a written re -certification that the, sto the presence of non -storm wa a documented re-evaluation BMPs (BMPSummary eleme' a review and comoarisonl'Ws applicable) over the,past y � status. The permittee; ; .shal Y" 'k-fRM,'; of pollutants for the previous three ve ocur ed (element of the Site r`outfalls have been evaluated for element of the Site Overview); ness of the on -site stormwater df)the`Stormwater Management Strategy). ple analytical data to benchmark values (if including a discussion about Tiered Response the Division's Annual Summary Data Monitoring Report (DMR)�form, available from the Stormwater Permitting Program's welisite (See: htti)s:Hdeq.nc.gov/about/divisions/energy-mineral-land- resourceshmdegmMorm eater -individual). The Director may notify the permittee when the SPPP does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater. Implementation of the SPPP shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five (5) years and made available to the Director or the Director's authorized representative immediately upon request. Part 11 Page 4 of 12 Permit No. NCS000386 DRAFT SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a measureable storm event at each stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DEMLR Regional Engineer. See Definitions. <7 Table 1. Analytical Monitoring Requirements, Pa ement ;,,Sample. Sample Codeter Charactei�r. stics` ,E Units Fre u enc i - T e2 Gocation3 C0530 Total Suspended Solids (TSS iiigl L semi-annual Grab SDO 1094 Total Recoverable Zinc Zn '4 qv L',V semi-annual Grab SDO 400 H ,,.�� �; ` �' . standard semi-annual Grab SDO 46529 Total Rainfa114 A ( --inches semi-annual Rain Gauge - Footnotes: 1 Measurement Frequency: Twice sampling) during a measureable this permit is revoked or rescind t 1 response actions under the previ reporting schedule in Tier Tiwi the Division. year"(unle"s other provisions of this permit prompt monthly rm event, until either another permit is issued for this facility or until If the'Yacility is monitoring monthly because of Tier Two or Three prermit, the facility shall continue a monthly monitoring and Tier Three status until relieved by the provisions of this permit or Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept on site. 4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). Sampling is not required outside of the facility's normal operating hours. 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. Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part III, Section E). However, for purposes Part 11 Page 5 of 12 Permit No. NCS000386 DRAFT of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first sample with valid results within the monitoring period. Table 2. Monitoring Schedule `Semi- Annual ' StartDate ° ° ;' 3 3 End Date Monitoring vents,, z (All Years)3 [All Year"s)3 ff ,,, �A,�>., Period 1 January 1 June 30 Period 2 July 1 December 31 Footnotes; 1 Maintain semi-annual monitoring until either another permit is issued for this facility or until this permit is revoked or rescinded. The permittee must submit an application for renewal of coverage before the submittal deadline (180 days before expiration) to -be: considered for renewed coverage under the permit. The permittee must continue analytical monitoring throughout the permit r- 71 -y,,.� a, renewal process, even if a renewal permit is not issued until,after,,expiradon of this permit. 2 If no discharge occurs during the sampling period, the;permittee must submit a monitoring report indicating "No Flow" or "No Discharge" within 30 days of;the end of the sampling period. 3 Monitoring periods remain consistent through the permit term and through the renewal process. Failure to monitor semi-annually per permit tern s�inaytresult in the Division requiring monthly monitoring for all parameters forg`a specified time period. "No discharge" from an Af outfall during a monitoring period does not constitute failure to monitor, as long as it is properly recorded and reported The permittee shall compare monitoring results to the benchmark values in Table 3. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increaall se record keeping, and/or install stormwater Best Management Practices (BMPs) in a tieredj'program. See below the descriptions of Tier One, Tier Two, and Tier Three response actions'l?elow. In the event that the Division releases the permittee from continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. Table 3. Benchmark Values for Analytical Monitoring Dischar ge Characteristres, 6 Units ��,t�. :;� ; ,��Benchmark Total Suspended Solids (TSS) mg/L 100 Total Recoverable Zinc (Zn) mg/L 0.126 pH standard 6-9 The benchmark values in Table 3 are not permit limits but should be used as guidelines for implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value is not a permit violation; however, failure to respond to the exceedance as outlined in this permit is a violation of permit conditions. Part II Page 6 of 12 Permit No. NCS000386 DRAFT —T ier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedance. 3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations within the benchmark range. 4. Implement the selected feasible actions within two months of the inspection. 5. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. 6. Note: Benchmark exceedances for a different parameter se aratel trigger a tiered response. Tief Two If: The first valid sampling results from two consecutive monitoring periods [omitting periods with no discharge] are above the benchmark values, or outside of.the•benchmark range, for any specific parameter at a specific discharge outfall; Then: The permittee shall:": 1. Repeat all the required actions outlined aboven Tier One: 2. Immediately institute monthly monitoring;arid reporting for all parameters. The permittee shall conduct monthly monitoring at every outfall where a sarnplmg result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values or within benchmark range. 3. If no discharge occurs during the 5mptling.p riod, the permittee is required to submit a monthly monitoring report indicating,•�No Flowjto comply with reporting requirements. 4. Alternatively, in lieu of steps 2iand 3, the permittee may, after two consecutive exceedances, exercise the option of contacting the DEMLR^Regional Engineer as provided below in Tier Three. The Regional Engineer may direct the respo'se actions on the part of the permittee as provided in Tier Three, including reduced or additional sampling parameters or frequency. S. Maintain a record of the Tier Two response in the SPPP. 6. Continue Tier Two response obligations throughout the permit renewal process. Tier Three If: The valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DEMLR Regional Engineer in writing within 30 days of receipt of the fourth analytical results; Then: The Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters herein; • require sampling of additional or substitute parameters; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion; • require the permittee to continue Tier Three obligations through the permit renewal process. Part II Page 7 of 12 Permit No. NCS000386 DRAFT SECTION C: ON -SITE VEHICLE & EQUIPMENT MAINTENANCE MONITORING REQUIREMENTS Facilities that have any vehicle and/or equipment maintenance activity occurring on -site which uses more than 55 gallons of new motor oil and/or hydraulic oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4. All analytical monitoring shall be performed during a measureable storm event at all stormwater discharge outfalls (SDOs) that discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). Table 4. Analytical Monitoring Requirements for`On'Site>Vehicle & Equipment Maintenance Pa mdeeter Discharge Characteristics e ,, , , Units ,,, m � i i 3 f L C tl: 3NA P E E E ELF Fj € ,fib i =i iyt. i i ' 3 �resuen e� �, 3, T eZe I:a`ca p6n3 552 Non -Polar Oil & Grease by ' mg%L semi-annual Grab SDO EPA Methodl664 SGT-HEM ,gE C0530 Total Suspended Solids P m L`' semi-annual Grab SDO 46529 Total Rainfa114finches semi-annual Rain gaue - -- New Motor Hydraulic Oillus'e l allons month semi-annual Estimate - Footnotes: 1 Measurement Frequency: Twice per year during a measureable storm event (unless other provisions of the permit prompt monthly sampling) until either another permit is issued for this facility or until this permit is revoked or rescinded �See'Table 2 for schedule of monitoring periods through the end of this permitting cycle. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (00) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur, unless representative outfall status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site. 4 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge may be substituted for an on -site reading. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period, as provided in Part 11 Section B. Monitoring results shall be compared to the benchmark values in Table 5. The benchmark values in Table 5 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require Part I1 Page 8 of 12 Permit No. NCS000386 DRAFT the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in response to a tiered program. See description of tiers and required response in Part II Section B. Table 5. Benchmark Values for Vehicle & Equipment Maintenance Monitoring Discharge Characteristics Units „ Benchmark Non -Polar Oil & Grease by EPA Method1664 (SGT-HEM) mg/L 15 Total Suspended Solids mg/L 100 SECTION D: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate-fihe effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and identify new, potential,,s urces of stormwater pollution. Qualitative monitoring of stormwater outfalls must -be performed during a measurable storm event. Qualitative monitoring requires a visual inspection,of:each stormwater outfall regardless of W & 1 ,. representative outfall status. Qualitative monitoring shall be performed semi-annually during required analytical monitoring events unless the permittee is required to perform further qualitative monitoring-p r,the Qualitative Monitoring Response, below). Inability to monitor because of adverse weather conditions must be documented in the SPPP and recorded on the Qualitative Monitoring -Report form (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with industrial activity must be monitored (See Definitions). In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 6. Qualitative Monitoring Requirements Discharge Characteristics 3 Frequency 1 Monitoring Locations 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 1 semi-annual SDO Other obvious indicators of stormwater pollution I semi-annual SDO Part II Page 9 of 12 Permit No. NCS000386 DRAFT Footnotes: 1 Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods. The permittee must continue qualitative monitoring throughout the permit renewal process until a new permit is issued. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response, below. A x-;: rat A written record of the permittee's investigation, evaluation; and response actions shall be kept in the Stormwater Pollution Prevention Plan. p �!,Oualitative�Monitor, Re�suanse: ,,or�;d Qualitative monitoring is for the purposes potential sources of stormwater pollution, an the permittee repeatedly fails to respond efts monitoring, or if the discharge causes or=?co Division may but is not limited to,�, • require that the permitteerevise, incr or all parameters (analyticalao,e, uaIitz V51batin'e "SPPP effectiveness, identifying new mptang�he permittee's response to pollution. If ly to correct problems identified by qualitative itest to a water quality standard violation, the e, or decrease the monitoring frequency for some e) • require the permitteeto instalf"striictural stormwater controls; require the permittee'to implement other stormwater control measures; require the permittee;to,perfdrm upstream and downstream monitoring to characterize impacts on receiving 'waters; or require the permittee implement site modifications to qualify for a No Exposure Exclusion. SECTION E: SPECIAL CONDITIONS ELECTRONIC REPORTING OF MONITORING REPORTS [G.S.143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES EIectronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part III of this permit (Standard Conditions for NPDES Permits): • Section B. (3.) • Section D. (6.) • Section E. (1.) • Section E. (2.) Signatory Requirements Records Retention Discharge Monitoring Reports Submitting Reports Part II Page 10 of 12 IOro ii9MAZI01111MI1IGI30111:7AW 1. Reporting Requirements [Supplements Section E. (1.) and Supersedes Section E. Effective December 21, 2016 or when the agency's electronic reporting system is able to accept NPDES stormwater permit monitoring data, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. NC DEMLR will notify permittees when eDMR is ready to accept stormwater monitoring data. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and also will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer primed eDMR to the following address: NC DEQ Division of Water Resources Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 2769.9-161,7\i, r If permittee is unable to use the eDMR. stem due to a demonstrated hardship or due to the facility being physically located>in an area where less than 10 percent of the households have broadband access; then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMRforms or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. How to Request a Waiver from Electronic_ Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed S years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved Part II Page 11 of 12 Permit No. NCS000386 DRAFT reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http://deq.nc.gov/about/divisionslwater-resources/edmr 3. Signatory Requirements (Supplements Section B. (3.). (b)and Supersedes Section B. (3.) (d)l All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part III, Section B. (3.)(a) or by a duly authorized representative of that person as described in Part III, Section B. (3.)(b). A person,7and not a position, must be delegated signatory authority for eDMR reporting purpos . For eDMR submissions, the person signing and submitting;thenDMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system regisItering for eDMR and obtaining an X:_ \ "4 " eDMR user account, please visit the following" b,page: Certification. Any person s'btimitting'J'1.n electronic DMR using the state's eDMR system shall make the following certificafion�[40'CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of,law, th2't this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonmentfor knowing violations." 4. Re-co-rds_Retention (Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Part II Page 12 of 12 Permit No. NCS000386 DRAFT PART Ill 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: 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 stormwater discharges from the operation of the industrial activity Existing facilities previously permitted and applying for renewal: All requirements, conditions, limitations, and controls contained in this permit (except.new SPPP elements in this permit renewal) shall become effective immediately upon issuance of this permit. New elements of the Stormwater Pollution Prevention Plan for this permit -renew I shall be developed and implemented within 6 months of the effective date of�this permit and updated thereafter on an annual basis. Secondary containment, as specified in -Part Il, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of Stormwater discges from the operation of the industrial activity. Duty to Comply The permittee must comply with all is ditions of this permit Any permit noncompliance constitutes a violation of the Clean Water Act.(CWA) and is grounds for enforcement action; for permit �,.r,, termination, revocation and reis-�suance, or modification; or denial of a permit upon renewal '4 application [40 CFR 122.41i. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement [40 CFR 122.41]. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 40S of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $51,570 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)]. c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 40S of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]. Part l ll Page 1 of 9 Permit No. NCS000386 DRAFT d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]. e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine,of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent,conv ctions [40 CFR 122.41(a)(2)]. f. Under state law, a civil penalty of not more than0$25,000 p "r latiio may be assessed against any person who violates or fails to act in accordance,with the terms, conditions, or requirements of a permit [North Carolina General Statutes § 1,43 215 6A]. g. Any person maybe assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Acts onany''permit condition or limitation implementing any of such sections in,5',perniit issued under section 402 of this Act. ell Administrative penalties for Class,l violations are not to exceed $20,628 per violation, with the maximum amount of any,..Class Fpenalty assessed not to exceed $51,570. Penalties for Class II violations are not to exceed $20,628.:1.p r day for each day during which the violation continues, with the maximum amount pf an`y,Wss,II penalty not to exceed $257,848 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]. 3. �7�y-to_Mitigate The permittee shall take alI;reasonable steps to minimize or prevent any discharge in violation of this permit which has a yeas nabl likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 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 permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this 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 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 [40 CFR 122.41(g)]. Part III Page 2 of 9 Permit No. NCS000386 DRAFT 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)]. 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 permit shall, upon conviction, be punished by a fine of not more than $10,000 per v folAtion, or by imprisonment for not more than two years per violation, or by both. If a conviction ofa person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than ears, or both [40 CFR 122.41]. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who7knowingly:makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished V a fine of not more than $10,000 per violation, or by imprisonment for not more than4wo year&per violation, or by both [40 CFR 122.411, \M' 11. OLishore or Offshore Construct =2>This permit does not authorize orapprove,tlie construction of any onshore or offshore physical structures or facilities or the'undertag of any work in any navigable waters. 12. Duty to Reannly If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the ermittee must a 1 for and obtain a new permit 40 CFR 122.41 b P P PP Y P [ [ )]• SECTION B: GENERAL CONDITIONS 1. 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, unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)]. 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 §143-215.36 and 33 USC 1251 et. seq. Part III Page 3 of 9 Permit No. NCS000386 DRAFT 2. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61, The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(l)(3), 122.61] or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Siena: tore_ Requirements All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications 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 busipnessf' nation, or any other person who performs similar policy or decision making functions, & tehre corporation, or (b) the manager of one or more manufacturing, production, or,operating,Mc ities, provided, the manager is authorized to make management decisions which, govern the operation of the regulated facility including having the explicit or implicit'duty. of making major capital investment recommendations, and initiating and directing other°comprehensive measures to assure long term environmental compliance withle Wronmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been ass ignedor delegated;to the manager in accordance with corporate procedures (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality,,state, federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required byth permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]. c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22]. Part II l Page 4 of 9 Permit No. NCS000386 DRAFT d. Certification. Any person signing a document under paragraphs a. or b. of this section, or submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properlygother and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties forsubmitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapten2H .0100; and North Carolina General Statute 143-215.1 et al.a 5. Permit Actions N"�" The permit may be modified, revoked and reissued, or. terminated for cause. The notification of planned changes or anticipated noncompliance doe_ s'not-stay any permit condition [40 CFR 122.41(f)]. ✓ 9, f' 6. Annual Administering and Complian a Monitor�g Fee Requirements The permittee must pay the administering'and'compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(2) may Cause the Division to initiate action to revoke the permit SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. The permittee shall at all,times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this permit [40 CFR 122.41(e)]. 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 permit (40 CFR 122.41(c)]. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater, or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and Part III Page 5 of 9 Permit No. NCS000386 DRAFT 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 ing Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measureable storm event. Samples shall 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 Permit Issuing Authority [40 CFR 122.41(j)). Recording Results For each measurement or sample taken pursuant to the requirements ofthis permit, the permittee shall record the following information [40 CFR 122.41]:" a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling.or measurements; C. The date(s) analyses were performed;�'j��'�=a d. The individual(s) who performed the anCyses;`f''�="� f.;.' e. The analytical techniques or methods,used; fand a_ f. The results of such analvses. Flow Measurements Where required, appropriatellow 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, Tet Erocedures, Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-21S.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 permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to he 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. Part III Page 6 of 9 Permit No. NCS000386 DRAFT 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 o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this permit, including Discharge Monitoring Reports (DMRs), o copies of all data used to complete the application for this permit These records or copies shall be maintained 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 [40 CFR 122.41]. 7. Inspection and Ent ry /i 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.authorizedgrepr. 11 entative 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 thee onditio`ns,of this permit; b. Have access to and copy, at reasonable''times any records that must be kept under the conditions of this permit; ,,\ ,-J( [ . f% C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations. regulated or required under this permit; and d. Sample or monitor at reasonable times; for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. 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 (DMR) forms provided by the Director or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR forms are available on the Division's website(https://decl.nc.yov/about/divisions/energy- mineral-land-resources/npdes-stormwater-individual). Regardless of the submission method (paper or electronic), submittals shall be delivered to the Division or appropriate authority no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 0213.0506. If the permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR [40 CFR §122.41(1)]. Part III Page 7 of 9 Permit No. NCS000386 DRAFT The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon the Division's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. 2. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. 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 of this permit shall be available for public inspection at the offices of the Division. As"reaquired,,hy the Act, analytical data j: . shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provid,'edfor in NCGS 143-215.613 or in Section 309 of 4. the Federal Act. 4. NQriStormwater_Discharges If the storm event monitored in accordance w th this pei mit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provid, �this`iriformation with the stormwater discharge monitoring report. F,. S. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in the permit or subject to �6ofification requirements under 40 CFR Part 122,42 (a). 6. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 7. 5ni11s The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part 1V of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 8. Bvoass Notice [40 CFR 122.41(m)(3)1: 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 effect of the bypass. h. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Part lil Page 8 of 9 Permit No. NCS000386 DRAFT 9, Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee hecomes aware of the circumstances. 10 11 The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be/reported " to the Division's Emergency Response personnel at (800) 662-7956, (800) Mf0368,or (919) 733-3300. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CfR 122.41(1)(7)]. Other Information Where the Permittee becomes aware application, or submitted incorrect in Director, it shall promptly siiti`mit sur iCfailed to submit any relevant facts in a permit f :11.-4V ation m.a permit application or in any report to the is or information [40 CFR 122.41(1)(8)]. �b Part III Page 9 of 9 NCS000386 DRAFT PERMIT PART IV DEFINITIONS AcA See Clean Water Act. Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with SPPP records. Adverse weather/does not exempt the permittee from having to file a monitoring report in accordance with the safnplmg schedule. Adverse events and failures to monitor must also be explained and reported on£,the;relevant,DMR. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. allowed in the stormwater conveyance system a. All other discharges that are authorized b} b. Uncontaminated groundwater, foundation chemicals, springs, discharges of uncontan flushings, water from footing drains, flows c. Discharges resulting from fire -fighting or 1 4. water discharges which shall be b'=st_ormwater NPDES permit. i "s Air -conditioner condensate without added tine)d potable water, waterline and fire hydrant m riparian habitats and wetlands. fighting training, or emergency shower or eye wash as a result of use mxhe,event of an emergency. Measures or practices usiad to reddceFthe amount of pollution entering surface waters. BMPs may take the form of a process, activiV, or physical structure. More information on BMPs can be found at: S. mass 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, intermediate products, manufactured products, waste materials, or by- products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under any General Permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DEMLR The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality. 10. Directo The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. Part IV Page 1 of 4 Permit No. NCS000386 DRAFT 11. EMC The North Carolina Environmental Management Commission. 12. Grab Sams An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 13. Liazardous SUbstance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act 14. A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. �., 15. Measureable Storm Event 'A A storm event that results in an actual discharge from�tl a permitted sitejoutfall. The previous measurable storm event must have been at least 72 hours:priobjhe,72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two copies of this information and a written request letter shall be sent to the local DEMLR Regional Office. After authorization by the DEMLR RegionalFOffice, a written approval letter must be kept on site in the permittee's SPPP.� 16. A stormwater collection system:withi'n.ah,incorporated area of local self-government such as a city or town. w, 17. No Exposure � ar A condition of no exposure' means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products [40 CFR 122.26 (b)(14)]. DEMLR 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). 18. Notice of Inten The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a General Permit. 19. Permit Issuing Authority The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above). 20. Permittee The owner or operator issued this permit 21, Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Part IV Page 2 of 4 Pages Permit No. NCS000386 DRAFT 22. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the Division may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain the 25-year, 24-hour storm event. 24. 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 presentat or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and 01 C. Meets at least one of the following criteria: A i. Is listed in appendix D of 40 CFR part 122 on'Tablealr(organigpriority pollutants), Table Ill (certain metals, cyanides, and phenols);.orrTTable IV,(c�e in toxic pollutants and hazardous substances); ii. Is listed as a hazardous substance pursuant to section 311(b) (2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA has published' acute;or chronic water quality criteria. 25. Severe Property Damage 9f r 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:`v,��, 26. Significant Materials Includes, but is not limit&&to: raw, aterials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials;suchasmetallic products; raw materials used in food processing or production; hazardous subst nces designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 27. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4). 28, Stormwater Discharge Outfall (SDO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 29, Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Part IV Page 3 of 4 Pages Permit No. NCS000386 DRAFT 30. 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. 31. 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. 32. Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at https: Lf deq.nc.goy/aboutldiyisionslwater-resources/planning/modeling- assessment/tmdls/draft-and-approved-tmdls. 33. Toxic Pollutant r Any pollutant listed as toxic under Section 307(a)(I)ofthe'�Cl a sater�Act. 34. Vehicle Maintenance -Activity Vehicle rehabilitation, mechanical repairs, painting, -fueling, lubrication, vehicle cleaning operations, or airport deicing operations. For the purposes of this permit vehicle maintenance activity includes equipment maintenance that uses hydraulic,oil and that is stored or used outside, or otherwise exposed to stormwater. / d 35. Visible Sedimentation Solid particulate matter, both mineral and'organic, that has been or is being transported by water, air, gravity, or ice from its site,of`or�igin which can be seen with the unaided eye. 36. 25-year. 24 hour Storm Event /", The maximum 24-hour ptecipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part IV Page 4 of 4 Pages f i " Bennett, Bradley From: ' " :� ` : Watts, Jamie (J) <JWatts@dow.com> Sent: Friday, May 18, 2018 9:17 AM To: Bennett, Bradley Subject: RE: [External] RE: NCSO00386 Stormwater Permit Renewal. _ Bradley, ; Unfortunately, they are not that consistent. I have added the emails in below. Thanks, Jamie From: Bennett, Bradley [mailto:bradley.bennett@ncdenr.gov] Sent: Thursday, May 17, 2018 4:50 PM To: Watts, Jamie (J) <JWatts @dow.com> Subject: Re: [External] RE: NCSO00386 Stormwater Permit Renewal This "ema31 originated from -outside of the organization Thanks Jamie, Are the emails for these contacts the same as your - first initial and lastname @dow.com? M. Bradley Bennett Stormwater Program Phone: (919) 807-6392 NC Division of Energy, Mineral & Land Resources Fax: (919) 807-6494 1612 Mail Service Center Email: bradlev.bennett@ncdenr.gov Raleigh, NC 27699-1612 Email correspondence to and from this address may be subject to public records Jaws From: Watts, Jamie (J) <JWatts@dow.com> Sent: Thursday, May 17, 2018 4:20 PM To: Bennett, Bradley Subject: RE: [External] RE: NCSO00386 Stormwater Permit Renewal Facility Name and Address are correct. 1 1� Legally responsible for permit: Name: Matthew Church (MWChurch@dow.com) Title: Site Leader Address: 6101 Orr Road, Charlotte, NC 28213 Phone: 704-596-3021 Fax: 704-598-0909 cAao C.0 So.4S,y0 Contact Personnel (ail have same address, phone and fax as above): ✓5wner Contact Person: Matthew Church (MWChurch@dow.com) ✓/Facility Contact Person: Laney Smith (ACSmith@dow.com) ✓Permit Contact Person: Jamie Watts (JWatts@dow.com) ..,Permit Billing Contact: Jeanette Colbert (JAColbert@dow.com) —Lv .� p � horaln GAY ir$ ✓ Thanks, Jamie From: Bennett, Bradley[mailto:bradley.bennett@ncdenr.gov] Sent: Thursday, May 17, 2018 2:33 PM To: Watts, Jamie (J) <JWatts@dow.com> Subject: Re: [External] RE: NCS000386 Stormwater Permit Renewal This email on inated from outside of the organization You can send the corrections to me. Thanks Bradley Bennett Stormwater Program Phone: (919) 807-6392 NC Division of Energy, Mineral & Land Resources Fax: (919) 807-6494 1612 Mail Service Center Email: bradley,bennett(a.ncdenr.gov_ Raleigh, NC 27699-1612 Email correspondence to and from this address may be subject to public records laws From: Watts, Jamie (J) <WWatts dow.com> Sent: Thursday, May 17, 2018 2:27 PM To: Bennett, Bradley Subject: [External] RE: NCS000386 Stormwater Permit Renewal invents unless verified. Send all sL Mr. Bradley, I am working on the requested information. Here are a few items: In terms of the contacts for the facility, there are updates. Should I use the online form to submit, or send them directly to you? + The latitude and longitude of our stormwater outfalls is: o SDO-001 (35.262164,-80,759685) o SDO-002 (35.261699,-80.761426) 3 § IS, 9.2 gO. 4 5. W Thanks, Jamie From: Bennett, Bradley[mailto:bradley.bennettPncdenr.gov] Sent: Wednesday, May 02, 2018 1:43 PM To: Watts, Jamie (J) <JWatts(2dow.com> Subject: NCS000386 Stormwater Permit Renewal This emaEl ongmated from outside of the organization Mr. Watts, Thanks for talking with me earlier this week about the permit renewal for your facility. First, let me apologize for how long it has taken us to get going on your permit renewal. A number of issues over the last few years have led to a backlog on renewal of our Individual permits. As I indicated in the call, I will be working on this renewal process. Since the previous renewal application came in back in 2013 I'm guessing there may be some changes that we should discuss and possibly have documented for the renewal. In addition, here are a few additional items that would be helpful if you can provide updates: • I have attached a printout of contacts we have in our database for the facility. Can you please review this and let me know if there are changes to contacts and if the owner/facility information is still accurate? • We will have to work to get accurate outfall location information in our system in order to meet federal requirements for electronic reporting. If you could provide the lat/long coordinates for your outfall points that would be helpful. • If you can provide summary monitoring information since your application submittal in October 2013 that would be help as well. • Let me know about any changes that have occurred in your facility or processes since your application submittal. I would like to set up a time that we can have a conference call to discuss the renewal in more detail. I work part time and my schedule is generally to be in the office on Monday through Wednesday but I can be available to talk at other times. I will be out of the office all of the week of May 71" but will be back in on May 14th. Please let me know when we may be able to talk. Thanks Bradley Bennett Stormwater Program Phone: (919) 807-6392 NC Division of Energy, Mineral & Land Resources Fax: (919) 807-6494 1612 Mail Service Center Email: bradley.bennett@ncdenr..gov Raleigh, NC 27699-1612 !*mail correspondence to and from this address maybe subject to public records lags C w[ �'rwgr►ir Wa- z C�e`�i SgL� 30-21 �=-!7 �rores d a^ proper e07 an•i ww f i�7 o'rS 1gto �. LU r Ck,t; ) yr wi s . �.i ? �• I,<,+iu l,re- . �yGi� vV , j¢. j,� lkc .� _�10 �i Scu a S � Yt rMIQ�{,I � /'► � �'ttwu ([ ` y� ,.J ' .- . • �r�r �dw' CMSW s ! 2S plgh ;,II, �sraw, �01 i �► s pec b w►� �'-. r DA T �u co or S cS yw J cu ► w I et-4. P-►Lf rioud l Pd r ,-y A-7im 411"Wvte. '�'tu C�l �7 •Gt� r - C.%ti' �+' d � 7i d7°„► S �-rl �!1 t� Qu/ uss Ll W "v- J Silo L)n" 7�4 C�& L C r lL'v 44 444-1 i1 a CPr 17� v► �� jj are, P' "51� �, .� s D - U- v - Yyit Cc ` dtiw �v I (u C.c u ` Vk-�y , sLU D e GvW ZI ,� , .,� , tt. �?'�� •.�_. Cam, ,• � •. , iJi , l r J� ' ) i �."v � eq 6- k J rw r 4 fT' 'V iG bl-nw — ' 7 k� 4� S x y M . T 1 (a) Cc) Toy - S4G - 3 oa 1 x 3c -O Toy - �44 - ti3�5 11lCSGI 38G V T g (it r Cr=c 1e Cass C O -}'�^" ►`�,d �r �vt�+ryrul� ,rz pU�f ;s -- cf �y .TI.Csws. Nc'f. • r 2LA, cw 40r'r cvw jtukice iy+ 1 vt: ( ii444 . i is ot6aracy dn fr.(& aSJww s VCR Lv Q�Srr v a+PU ° J 130 - . CALO w� J aM4,r lA)«- s 004� 344- 30;1 I Y 3050 cq Cl �3(, -----�--- - _ - -- !� ;L1r. ,r3,.? i'•+.1e�i'' , :}1�,71'ti� ^"+i 1 }:,3,4 �, - � r:�1.i '�`U=rC.ti, 1-Js �; �;�� i.� ..31� E : •e . :J+F:. :G• ="� :.Jf� � . C. 'a t, � t^�= :11 : �' � `..� �% t 4 �.:•ei .;lt ,y� ..ti^o-„� �L'sf'�, , �.. i, �r �, ,�—i;�.:: r• r 4.r1 �, �� s,;; � `.i"v t'i� 4} ,.� �w 'j \ry �• � [j �; i }' � i t '.in) +-:♦ i,:' i P e,'srq�a North Carolina Department of Natural and Cultural Resources Natural Heritage Program Govemor Ray Cooper Secretary Susi H. Hamitton NCNHDE-5909 April 27, 2018 Bradley Bennett NCDEQ 512 N. Salisbury Street Raleigh, NC 27604 RE: Rohm and Haas Chemicals at 6101 Orr Road, Charlotte, NC; NCS000386 Dear Bradley Bennett: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Tables of natural areas and conservation/managed area within a one -mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler(m cn dcr.gov or 919.707.8603. Sincerely, NC Natural Heritage Program MAILING ADDRESS: Telephone: (919) 707-8107 LOCATION: 1651 Mall Semite Canter www.ncnhp.org 121 West Jones Street Raleigh, NC 27699-1651 RslelgA NC 27603 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Rohm and Haas Chemicals at 6101 Orr Road, Charlotte, NC Project No. NCS000386 April 27, 2018 NCNHDE-5909 No Element Occurrences are Documented within the Project Area There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our database. No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area ainag'etlArea Name " ' �� Owner ' *:t Owner Type Mecklenburg County Open Space Mecklenburg County Local Government NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project Definitions and an explanation of status designations and codes can be found at httosJ/ncnhde.natureserve_orgloontent/helo. Data query generated on April 27, 2018; source. NCNHP, 02 April 2018. Please resubmit your - information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Rohm and Haas Chemicals at 6101 Orr Road, Charlotte, NC Project No. NCS000386 April 27, 2018 NCNHDE-5909 Element Occurrences Documented Within a One -mile Radius of the Project Area Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 2!� Hi? 5 Very — Endangered G3 S2 Law No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Klil Managed Area Name Owner Owner TyAe Mecklenburg County Open Space Mecklenburg County Local Government Definitions and an explanation of status designations and oodes can be found at httnsJlncnhde.natureserve.oralcontenVlhelo. Data query generated on April 27, 2018; source: NCNHP, 02 April 2018. Please resubmit your information request K more than one year elapses before project initiation as new information is continually added to the NCNHP database. t I� ur vc� � wl 6b4 O� Sr ! 7� G� i „ j Fief/ r — � pis &* a� w GC tr 1 d S� ("h also Clnv,? its pvNC� W' 5� n �+ v I � "l�sst,� �s hr t o4aA- Page 3 of 4 'p, .. . U Z O t U HHto 4.� 0 r T to .1.J .E U c� 2 v c c� E s 0 rn In LL Z o — a E loll v O 4) a ROHM AND HAAS CHEMICALS LLC ` Charlotte Operations ROHM Certified Mall MARS October 25, 2013 Stormwater Permitting Program Individual Permit Renewal 1612 Mail Service Center Raleigh, NC 27699-1612 To Whom It May Concern; The current NPDES Stormwater Discharge Permit for Rohm and Haas Chemicals LLC in Charlotte (Permit # NCS000386) expires on 4130/2014. The plant wishes to renew the permit, and is submitting this application for permit renewal prior to the required date as indicated in the permit. Enclosed you will find the Permit Renewal Application Form, Stormwater Pollution Prevention Plan Certification and the Supplemental Information as required by the form. I have marked "Don't Know" on the application form for the question concerning whether the site discharges into impaired waters. The receiving stream (Brier Creek) is not listed on the 2012 North Carolina 303(d) List and it is not depicted on the NCDWQ Impaired Waters Map. Several miles Southwest of the facility, Brier Creek joins the Little Sugar Creek, which is on the 2012 NC 303(d) List. Please feel free to contact me if you have any questions or need additional information. My phone number is (704) 596-3021, Extension 3050 and my email address is jwatts@dow.com. Sincerely, A4r mie Watts Site Environmental, Health and Safety Leader Enclosures M n �V� U NpV � � Zp13 6101 Orr Road ♦ Charlotte, North Carolina 28213 4 704-596-3021 • Fax 704-598-0909 SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: (Do not submit the site Stormwater Pollution Prevention Plan) Initials -f [OW 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. T PAV1 2. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. H 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. Wit'✓ 4. A summary 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. TMw/ 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. VKW 6. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) Permit Coverage Permit Number TRenewal Application Form NCS000386 NCDENR Nationat Pollutant Discharge Elimination System Stormwater Discharge Permit The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation Information *Reissued Permit will be mailed to the owner address Owner / Organization Name: Owner Contact: Mailing Address: Phone Number: Fax Number: E-mail address: Rohm And Haas Chemicals LLC Jamie Watts 6101 Orr Road Charlotte, NC 28213 Eacili . /Permit Contact Info,rMation Facility Name: Rohm And Haas Chemicals LLC Facility Physical Address: 6101 Orr Rd Charlotte, NC 28213 Facility Contact: Mailing Address: Phone Number: Fax Number: E-mail address: Discharge Information Receiving Stream Stream Class: Basin: Sub -Basin: Number of Outfalls: Brier Creek C Catawba River Basin 03-08-34 TA iM I a WA ITS 6ro l ORK KoAD rI4AKLOtTF_ IyG 28Zi 7nW- S96-- 30 zl x 3osa 63 01701 i mA ffs 0 dow. C om 2 Impaired Waters/TIVIDL I Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? 0 Yes ❑ No ;4 Don't Know ( for information on these waters refer to http.11h2o.enr.state.nc.us/su/Impaired Waters_TMDLI )))@[io V [��] CERTIFICATION Eli im B NOV o .x 2013 1 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. DENR-WATER QUALITY WETLAkDS AND SMRMWATER I;RANCH Signature c- Date ZOl Zsh ? Print or type name of person signing above Title Stormwater Permitting Program Please return this completed renewal application form Individual Permit Renewal and other required supplemental information to: 1.612 Mail Service Center Raleigh, North Carolina 27699-1612 STORMWATER POLLUTION PREVENTION PLAN DEVELOPMENT AND IMPLEMENTATION CERTIFICATION North Carolina Division of Energy, Mineral, and Land Resources - Stormwater Permitting Facility Name: Rohm And Haas Chemicals LLC Permit Number: NCS000386 Location Address: 6101 Orr Rd Charlotte, NC 28213 County: Mecklenburg "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or 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." And "I certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been frilly implemented at this facility location in accordance with the terms and conditions of the stormwater discharge permit." And "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations." Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND STORMWATER POLLUTION PREVENTION PLAN WITH THIS CERTIFICATION. Signature d L. Print or type name of person signing above -C—. Date f 0 5 Title SPPP Certification 10/ 13 000-000-0000-00-000 DRAINAGE PLANT TRUCK III ENTRANCE T PRODUCT LOADING FINISHED PRODUCT STORAGE LROD OADING I �. Ife,,.I, �.: LOADING DRAINAGE UNLOADING SDO #002ADMINISTRATION 1 DRAINAGE 1 1 M '! POINT STORM WATER DETENTION AREA STORM WATER DI ARGE OUTFALL OD1 (SD) ` WASTEWATER DISCHARGE MONITORING POINT DRAINAGE AREA II STORMWATER POLLUTION PREVENTION PLAN RAW MATERIAL RAILCAR UNLOADING — TRAILER STORAGE anlm WA I mmm s = ally i smom Awis 0 FIRE WATER AREA DRAINTANK DIESEL FUEL / USED OIL STORAGE LEGEND APPROI< BOUNDARY LIMITS FOR DRAINAGE AREAS AREA BOUNDED DRAW TO WWTP AREA TO SOD PD02 N A 10/28/13 SWPPP UPDATE R.B n mu I nmr-m n..ao STORMWATER POLLUTION PREVENTION PLAN 6101 ORR ROAD • CHARLOTTE OPERATIONS fP si \ t\ �.\P'r• P .\ P O.SrI WI/MI� rO \ 41II ■il\Il N' rdlb� OlQ 1� N .owo�ra •\mon .rrt n wu wr r o\m� tt \ l�.IY,Y�rR Ria lam 3 R NONE DRAWING NIWBER r r�o Rrn inea� fon uam� 0000 00 000 100 0000 1 000 000 a SDO-001 Monitoring Results Analytical Monitoring Visual Monitoring a� � o 0 O D L O .r O Y 0 O E N _ O d O O _ _ = U C :3p N N C 0 7 M L11 y Date C Vt H ` O ` 0 41 0 0) C � fp N ,_ -� O41 y E L O m N Q x U O U U- Ln LOl O LU 0 V j Comments 10/5/2009 2.5 0.063 19 7.65 0.46 A None None Clear None None None Slight tion Dam Ei None 3/29/2010 2.8 0.020 66 7.45 0.51 A Muddy None Clear None None None Slight me at CuIv4 None Initial Investigation of High Zinc Results on 4/9/10 7/27/2010 0.031 1.99 A 8/26/2010 0.160 0.50 A 9/26/2010 5.4 0.099 32 6.45 0.83 A 1/26/2011 0.380 0.32 A 3/10/2011 0.059 0.18 A Muddy None Clear None None None None None None 5/5/2011 0.020 1 1.20 B 9/21/2011 2.8 0.100 10 5.70 0.35 A light Cloud None olight Cloud None None None None None None 10/11/2011 0.041 0.61 A Lt Yellow None Clear None None None None None None Investigation Update on file, 10/3/11 11/10/2011 0.053 0.15 B ow Amber None Clear None None None None None None 12/7/2011 0.054 0.29 A ellow/Bra None 2 1 2 None None None None Investigation Update on file, 1/9/2012 2/16/2012 8 0.038 4.3 7.31 1.10 B Light None 1 1 1 None Minor None Minor Sheen Numeric Ratings from SDO Qaulitative Monitoring Repo 3/23/2012 0.056 0.15 A Lt Amber None 2 1 1 None None None None 4/6/20121 0.150 0.22 A Lt Amber None 2 1 1 None None None None 5/13/2012 0.37 A Lt Amber None 2 2 1 None None None None 6/6/2012 5.4 0.027 7.81 7.16 0.72 A Light None 2 1 2 None None None None 7/13/2012 0.10 B Lt Amber Musty 2 2 2 None None None None 8/6/2012 6.65 1.97 A Clear None 1 1 1 None None None None Investigation Update on file, 8/8/12 11/13/2012 0.14 A Lt Amber None 3 3 2 None None None None 12/26/2012 21 0.160 130 6.77 1.43 A Amber None 3 2 3 None None None None 2/7/2013 0.088 7.12 0.59 A Amber None 2 2 1 None None None None 4/4/2013 7.13 1.15 A Gray None 2 1 1 None None None None 5/23/2013 7.19 0.40 A Amber Musty 3 1 1 None None None None 6/6/2013 2 0.067 100 7.43 1.79 A I I Investigation Update on file, 6/19/13 7/3/2013 0.021 6.91 0.16 A Lt Amber Musty 2 1 1 None None None None 8/17/2013 0.029 6.97 1.17 A Lt Amber None 2 2 3 None T None None None Investigation Update on file, 8/5/13 Notes: 1) Rainfall Sources: A=USGS Station CRN-27 Recorded Rainfall, B=Plant Rain Gauge 2) In December 2011, Clarity, Floating and Suspended Solids Observations Reported using Numeric Ratings from SDO Qaulitative Monitoring Report Irt Rohm and Haas Chemicals, LLC, 6101 Orr Road, Charlotte, NC 28213 J. Watts, 10/28/2013 SDO-002 Monitoring Results Analytical Monitoring Visual Monitoring a � o 0 !6 C g L o @ C Q1 O z C a� s E � '^ �p CL m „+ Q a tw U ro Q d Q 0 o D Ql n u, E E c d o 0 3 u C �' w c +° c o L o - c 19 fa 2 CL f° an -_ 7n o a`r s o Date m iV � n cc � U O u � � v�i L° O w` O cn Comments 10/5/2009 < 2 0.140 30 8.22 0.46 A Clear None Clear None None None None It at Outfall None 3/29/2010 < 2 0.160 30 7.90 0.51 A Clear None Clear None None None None None None Initial Investigation of High Zinc Results on 4/9/10 4/24/2010 3.5 0.066 3.7 7.25 0.16 A 7/27/2010 0.073 1.99 A 8/26/2010 0.073 0.50 A 9/26/2010 4.8 0.130 77 6.51 0.83 A 1/26/2011 0.097 0.32 A 3/10/2011 0.056 0.18 A Clear None Clear None None None None None None 5/5/2011 0.020 1.20 B 9/21/2011 2 0.086 51 6.80 0.35 A Clear None Clear None None None Slight None None 10/11/2011 0.140 0.61 A Clear None Clear None None None None None None Investigation Update on file, 10/3/11 11/10/2011 0.160 0.15 B Clear None Clear None None None Sheen None None 12/7/2011 0.400 8.85 0.29 A Brown Tint None 4 3 3 None Sheen None None Numeric Ratings from SDO Qaulitative Monitoring Report 1/17/2012 0.160 7.15 0.58 A Lt Amber None Clear None None None None None None Investigation Update on file, 1/9/2012 2/16/2012 8.2 0.170 341 7.93 1.10 B Medium None 2 1 2 None Sheen None None 3/23/2012 0.320 0.15 A Lt Amber None 2 1 1 None None None None 4/6/2012 0.032 0.22 A Lt Amber None 2 2 2 None None None None 5/13/2012 0.330 0.37 A Lt Amber Musty 2 2 2 None None None None 6/6/2012 3.2 0.071 13 7.87 0.72 A Clear None 1 1 1 None None None None 7/13/2012 0.160 8.50 0.10 B Lt Amber Musty 2 3 3 None None None None 8/6/2012 0.045 1.97 A Clear None 1 1 1 None None None None Investigation Update on file, 8/8/12 9/18/2012 0.330 0.50 A 11/13/2012 0.170 0.14 A Lt Amber None 3 3 2 None None None None 12/26/2012 2 0.069 20 7.18 1.43 A Lt Amber None 2 2 2 None None None None 1/16/2013 0.450 8.30 0.19 A Gray Musty 4 3 3 None None None None 2/7/2013 0.120 0.591 A Lt Amber None 2 2 2 None None None None 3/12/2013 0.069 8.15 1.12 A Light None 2 1 1 Light None None None 4/4/2013 0.034 1.15 A Lt Gray None 1 1 1 None None None None 5/23/2013 0.130 7.83 0.40 A Lt Amber None 2 2 1 None None None None 6/6/2013 2 0.150 621 8.38 1.79 A Investigation Update on file, 6/19/13 7/3/2013 0.610 8.41 0.16 A Gray Musty 4 2 3 None None None None 8/17/2013 0.190 8.45 1.17 A Amber None 2 1 2 2 None None None None Investigation Update on file, 8/5/13 9/21/20131 1 0.029 7.36 1.74 A Notes: 1) Rainfall Sources: A=USGS Station CRN-27 Recorded Rainfall, B=Plant Rain Gauge 2) In December 2011, Clarity, Floating and Suspended Solids Observations Reported using Numeric Ratings from SDO Qaulitative Monitoring Report Rohm and Haas Chemicals, LLC, 6101 Orr Road, Charlotte, NC 28213 J. Watts, 10/28/13 Summary of Best Management Practices Rohm and Haas Chemicals, LLC Charlotte Plant The following Best Management Practices have been implemented to protect stormwater discharge from contamination at the Rohm and Haas Charlotte Plant. Good Plant Rounds are conducted to identify areas in need of housekeeping. A recurring Housekeeping task list is used to ensure basic housekeeping is accomplished on a routine basis. Maintenance is performed under roof where feasible. Preventive The plant has an extensive preventive maintenance program to extend the life of Maintenance operating equipment and to minimize the potential for leaks. This includes a mechanical integrity program that complies with the requirements of OSHA PSM. No additional controls are considered necessary. Inspections / Several areas of the plant require periodic inspections because of their potential for Outfall Sampling serious environmental, operations, or personal consequences in the event of a failure Requirements or malfunction. Plant areas must be frequently inspected for spills or leaks which could lead to a release of chemicals to the environment or a threat to human health. Inspections must be performed often enough to identify problems in time to correct them before they cause any damage or harm. These inspections are accomplished via plant rounds. Plant rounds procedures have been developed which identify areas and equipment to be inspected, types of problems to look for during the inspection, personnel or department responsible for the inspections, and the inspection frequency. The Stormwater discharge outfall and all associated conveyance and storage facilities shall be inspected semi-annually per the stormwater permit conditions (November — April, and May -October). Written records of these inspections are maintained on site. Sampling and analysis of stormwater discharges will be required s specified in the facility stormwater permit. Results of these sampling events (SDO Monitoring Report) should be submitted to the Central Files, Division of Water Quality, Raleigh, North Carolina, and maintained in the Appendix to this Plan. Spill Prevention All employees are actively encouraged to report both spills and potential spills and Response through our LOPC (Loss of Primary Containment) reporting process. Reports are actively reviewed and ranked by likelihood and potential impact. Pre-emptive actions are taken to prevent spills before they occur. This is part of an ongoing effort to eliminate all spills at the site. A Consolidated Emergency Response Plan is maintained by the site with instructions on Spill Response. It includes specific instructions on spills to stormwater systems, including notification of NCDENR. Management of Runoff from Areas 11,111 and IV is discharged through SDO #001 only after it has Runoff been assessed for the presence of non-stormwater discharges. This is done by written procedure, and includes a record of sampling results. October 2013, J. Watts Summary of Best Management Practices Rohm and Haas Chemicals, LLC Charlotte Plant Employee Personnel handling chemicals or who are involved in environmental protection and Training product safety activities at the site receive training in the safe handling of oils, hazardous substances/wastes, and in spill and release prevention and response as required by their assigned jobs. Employees involved directly in releasing stormwater from SDO #001 or in sampling stormwater for compliance monitoring receive training on those topics. Employee training records are maintained by the Training Coordinator. General Employee Training topics include a general overview of chemical use in the plant, how to Awareness recognize problems (i.e., potential and actual spills and leaks), and procedures for addressing releases. All employees are made aware of the Emergency Response Plan, and are encouraged to read and understand the purpose and contents of the Plan. Employee training records are maintained by the Training Coordinator. Emergency Because the Plant will evacuate in the event of a significant spill or release, no formal Response Team Emergency Response Team exists. All plant personnel are trained on their roles in implementing the Emergency Response Plan, including specific roles of certain job functions. These roles are identified in the Emergency Response Plan. The following topics are covered in training: • First aid (appropriate job titles) • Evacuation plans • Recognition of nature of spills (i.e., flammable, etc.) • Spill control, containment, and clean-up procedures • Use of various types of fire extinguishers • Documentation of training and proficiency Facility Security The Charlotte Plant is enclosed by a security fence (6' to 8' high) and is manned continuously. The facility is illuminated at night. Lighting is sufficient to allow. visible detection of leaks, spills or releases during darkness. Access to the operations area of the site is gained through key -coded electronic security gates. Recordkeeping All records of inspection, certifications, incident reports, and training documentation and Reporting are maintained on site. The Storm Water Pollution Prevention Plan and all associated documentation are retained for a period of five years. October 2013, J. Watts Significant Industrial Activity Changes Rohm and Haas Chemicals, LLC Charlotte Plant The last Stormwater permit application for the Rohm and Haas Charlotte Plant was submitted in February of 2006. Since then, the following significant changes have been made: • Installation of a new Reactor Train and associated Processing and Storage Vessels • Completion of several Mechanical Integrity Driven Projects including replacement of monomer feed lines from the Tank Farm to the Reactor Deck Neither of these changes increase the likelihood of non-stormwater discharges or required changes to our established Best Management Practices. October 2013,1. Watts 6101 ORR ROAD, CHARLOTTE, NC 28213 USA TELEPHONE (704) 596-3021 FAX (704] 598-0909 ARCHITECTURAL AND FUNCTIONAL COATINGS CHARLOTTE PLANT ROHM February 27, 2009 1 H AAS Mr. Brian Lowther Division of Water Quality }' 1617 Mail Service Center Raleigh, NC 27699-1617 VIA OVERNIGHT MAIL CD RE: Draft NPDES (Stormwater) Permit No. NCS000386 Rohm and Haas Chemicals LLC - Charlotte PIant Dear Mr. Lowther: Rohm and Haas is in receipt of the draft stormwater permit for our -facility, dated January 28, 2009. We have reviewed the draft permit and are providing these comments for your consideration. Our main concern with the draft permit is the benchmark values for pH. and zinc. Based on the data presented below we are concerned that we may routinely exceed these benchmarks values due to background conditions at our site. The draft pemit Benchmark Value for zinc is 0.067 mg/L. Zinc is commonly found in rain, and is recognized to be washed out of the atmosphere during rain events. Data on zinc concentrations in rainwater is limited in scientific literature, but there is a reference that "The average concentration of zinc in rain falling in the United States was 0.107 mg/L" (Lazrus, A.L., Lorange, E. and Lodge, J.P. Lead and other metal ions in United States precipitation. Environ. SCL TechnoL, 4: 55 (1970)) This average value is higher than the benchmark value of 0.067mg/L. The draft permit Benchmark Value for pH is 6-9. Data from the National Atmoshperic Deposition Program indicates that the pH of rain in the Charlotte area is typically less than 5.0. See attached Figure 1, or the websites for data from the 2 closest monitoring stations: http://nadp.sws.uiuc.edu/sites/siteinfo.asp?net=NTN&id=NC34 http://nadp.sws.uiuc.edu/sites/siteinfo.asp?net=NTN&id=NC36 Given that background conditions of zinc and pH in rainwater may be outside of their respective benchmark valuess, Rohm and Haas requests that these zinc and pH benchmark values be excluded, or adjusted to more accurately reflect naturally occurring contaminants. In Section C, the draft permit indicates that qualitative monitoring be conducted during the analytical monitoring event/rain event. Please note that the Plant retains rainwater on site in the stormwater detention area typically until the rain event has ended, and that typically there is no discharge through Pipe 001 during the rain event itself. The rainwater is released only after satisfying inspection and testing criteria. Given that the required analytical monitoring sample collection would likely occur after the rain event has ended, the Plant is requesting that language be added to allow qualitiative inspection during the rain event or during discharge for the analytical monitoring event. Please feel free to contact me at (704) 596-3021, 0061 if you have any questions or need additional information. Sincerely, 1 � Timothy J. Ryan, CIH Environmental, Health, and Safety Manager cc: J. Kolff T. Maloney Figure 1— Rain pH Hydrogen ion concentration as pH from measurements made at the Central Analytical Laboratory, 2006 Sites not pichued: AKOi 0 52 AK03D 53 1PR200 4.9 Yi010 4.8 NatiortW Atmospheric Deposits ProgranlNation2l Trends Network httpJAnaclp.sws.tduc.edu Lab pH ■ z 5.3 ■52-53 M - 5.2 560 - 5.1 ® 49 - 5.0 4B-4.9 4.7 - 4.8 4,6 -4.7 45-4.6 '4.4 - 4.5 4.3 -4.4 ■ < 43 �0� W AOA rF9P r t7 � Beverly Eaves Perdue, Governor Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality DATE: January 29, 2009 TO: Charlotte Observer EMAIL: publicnotices@charlotteobserver.com FROM: SARAH YOUNG, DIVISION OF WATER QUALITY, 919.807.6303 SUBJECT: PUBLIC NOTICE PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 JCI Jones Chemicals, 1500 Tarheel Road, Charlotte, NC 28208 has applied for an NPDES Stormwater Permit to discharge stormwater associated with industrial activities at a facility located at the above named address in Mecklenburg County. The facility discharges to waters designated as Paw Creek, within the Catawba River Basin. Copies of the draft permit, No. NCS000334, are available by contacting: Cory Larsen NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: (919)-807-6365 cory.larsenR ncmai1.net Rohm and Haas Chemicals, LLC, 100 Independence Mall West, Philadelphia, PA 19106 has applied for an NPDES Stormwater Permit to discharge stormwater associated with industrial activities at a facility located at Rohm and Haas Chemicals, LLC, 6101 Orr Rd, Charlotte, NC, Mecklenburg County. The facility discharges to waters designated as an unnamed tributary to Brier Creek, within the Catawba River Basin. Copies of the draft permit, No. NCS000386, are available by contacting: Brian Lowther NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: (919)-807-6368 Brian.Lowther@ncmai1.net Persons wishing to comment upon or object to the proposed determinations are invited to submit their comments in writing to the above address no later than March 6, 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 NCS000334, or NCG000386, respectively. NCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 807-6300 Customer Service 1 800 623-7748 ,;�r'6 .�% STATE OF NORTN CAROLI NA EWRONMFNTAL MANAGEMENT COMMISSION 1 a17 MAIL SCWCE CENTER RALMI-1, NORTH CaAOLINA 27CPS-1617 Cl .bnos Chemicals, ti47 Tadlcal Rand, Chaddhh W. applied for an NFCES Sturnwat r Pame to dacha"; sumrwmor mrsmimod with industrial actirrlica at a 4 dtY b:o "the abwo n3msd adckoss in hl:cklcrburg Corty The faciit� discharges to walors da:ign atr:d as Ww rook, wihi :daw6a Rirar Ruh .apes of Iho draft permil, Nc, NCGD00334, are aiaikb y contacting: o Leman D'xi:ion cf Hbtar Ouaftf 1617 Moil Svoka Comer aka' h, HC 27604t 617 Ta»ne Nurbar. pip)-w4i=6 :c Aw n•rnai,aol chrn mJ Haas Chami_als, LLCi 143lndopendcmu Alai West, hibd:IFfia, PA 101CO has appTod lor an NPDE; Stcrmmll srmB to diuharge slamwator 0a40600d wish idutlria 31nitkm of a faclip kcalod al lbhm and Haas Ch ni•ala, L-C, ^vA Om Rd, CtndNto, NC, MocNcrtag Cc4ityJ. Tha Faciig inctan3satowatGrsdasignrmadasonu 5TwlIdt0oriIaBrie' . mak, wi hi the Catawh Riwcr Bain. :bpias d the dmlt porrNi. Na WUO)3e2, ara mailable by :crtactiingo cn Lcwlhar DNiocn d Misrouaflp 1617 Mail:wrvi= Comor ala'y h, NC 27F.Oa1 m 7 TelapFuno Nurbar, PD101407. 2U brLLcwniwrr3rlcmalL r,;t Mal wit" to mmavt ups+ a ohj::, to Hu pmpo- ia minmi]no aro In itad to tuErirl Itui c mm:rtt in writi3 tc ha abaw addreae na Iola thant� sr.4h.fA.E , All cc ntanl: aaarvod �tfor to Thai doto wili-15a ckin:k od In Iho fine iatarminaiion rogardrlg pa it issuenco, AN ccrr n; an ucala sMJd ralorce+co all pcmti numbet NC S0003%, CA cc rasFccirvdy. "34am The Charlotte Observer Publishing Co. Charlotte, NC North Carolina } ss Affidavit of Publication Mecklenburg County} THE CHARLOTTE OBSERVER STORMWATER PERMITTING UNIT NCSDENR/DWQ 1617 MAIL SERVICE CENTER RALEIGH NC 27699-1677 REFERENCE: 30064055 6304879 NPDES Stormwater Before the undersigned, a Notary PubLit of said f County and State, duly authorized to administer oaths affirmations, etc., personally appeared, being duly sworn or affirmed according to law, doth depose and say that he/she is a representative of The Charlotte Observer Publishing Company, a corporation organized and doing business under the Laws of the State of Delaware, and publishing a newspaper known as The Charlotte Observer in the city of Charlotte, ' County of Mecklenburg, and State of North Carolinaf and that as such he/she is familiar with the , books, records, files, and business of said Corporation and by reference to the files of said publication, the attached advertisement was inserted. The following is correctly copied from the books and files of the aforesaid Corporation and Publication. I PUBLISHED ON: 02/03 AD SPACE: 96 LINE FILED ON: 02/06/09 NAME: e.�YlQ�1r�L[:�.� _ TITLE: �ln DATE: In Testimony Whereof I have hereunto set my hand and affixed my seal, day and y ar aforesaid SNotar y Commission Expires: the 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 28, 2009 Mr. Thomas L. Archibald, Rohm and Haas Chemicals, LLC .1.00 Independence Mall West Philadelphia, PA 19106-2399 Subject: Draft NPDES Stormwater Permit Permit No. NCS000386 Rohm and Haas Chemicals, LLC Mecklenburg County Dear Thomas L. Archibald: 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. Analytical monitoring parameters, Zinc and BOD-5, have been maintained for the renewal Permit. The EPA General Sector Specific Stormwater permit recommends monitor for TSS and Zinc for the sector C "Chemical and Allied Products" under SIC code 2821. Therefore, TSS has been added to this permit. 2, pH has been added to the analytical monitoring requirements., 3. Ail analytical monitoring has been set to semi-annually during a representative storm event as defined in Part 11 Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific . parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall.follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part 11 Section B. Qualitative monitoring is required regardless of representative outfall status. 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall Non`hCarolina — ---parameter_ is iU this permit, howeycer.k - - Taturallly 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% Recycledll0% Post Consumer Paper Mr.. Thomas L. Archibald Roliiri aind Haas Chemicals, LLC Permit No. NCS000386 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 in Part 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 11 Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement 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. 6. Per the requirements of the Catawba Riparian Buffer Rule, all stormwater drainage from portions of this site that have been constructed after June 30, 2001 must be discharged through a correctly designed level spreader or another device that meets diffuse flow requirements per 15A NCAC 2B .0243. Diffuse flow requirements are described in Chapter 8 of the North Carolina Stormwater BMP Manual, available at: httl2://h2o.enr.state.nc.us/su/`­bmp—forms.htm Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact Brian Lowther at (919) 807-6368 or brian..lowther®ncmaii.net Sincerely, Brian C. Lowther Environmental. Engineer Stormwater Permitting Unit cc: Mooresville Regional Office Mecklenburg County Stormwater Permitting Unit Timothy Ryan, 6101 Orr Rd, Charlotte, NC 28213 Attachments: Draft Permit 2 NCS000386 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 G, eneral Statute'hd3-215.1 other lawful P standards and regulations promulgated and adopted by'theNorth Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Rohm and is hereby aas C emical, LLC ge f`tormwater from a facility located at Haas Chemical, LLC 101 Orr Road :harlotte, NC denburg County to receiving waters designated as UT to Brier Creek, a class C stream in the Catawba River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 11, II1, IV, V and VI hereof. Note: Drrjt Permit Dates are Ap13roximate This permit shall become effective [January 1, 2009]. This permit and the authorization to discharge shall expire at midnight on [December 31, 2013]. Signed this day [December I, 2008]. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000386 PART I Section A: Section B: Section C: PART II Section A: Section B: Section C: Section D: PART III Section A: Section B: TABLE OF CONTENTS INTRODUCTION Individual Permit Coverage Permitted Activities Location It MONITORIN DISCHARGE Stormwate Analytical Qualitativf On -Site Vi PERMITTED STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS 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 General Conditions 1. Individual Permit Expiration 2. Transfers t Permit No. NCS000386 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. 6. 7. Representative Out'fall Records-Reten Ak Insvection and^Entry Section E: Reporting Rdquireme is 1. Discharg IVlonitoring 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. NCS000386 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�fo rm to the Division; must receive approval by the Division; must maintain no exposure7condrt \ns unless, authorized to discharge under a valid NPDES stormwater permit; and must reapply forthe-No Exposure Exclusion once every five (5) years. SECTION B: PERMITTED ACTIVITI Until this permit expires or is modified or.revolted ,tfe permittee is authorized to discharge -7 stormwater to the surface watersof Northarolina or separate storm sewer system that has been adequately treated and manage&imaccordance with the terms and conditions of this individual permit. All stormwater discharges4f alhbe accordance with the conditions of this permit. An other point r disch r e to surface water of h is prohibited unless it is an y p source a g u s the A': '\ allowable non-stormwater discharge•or is covered by another permit, authorization, or approval. The stormwater discharges a lowed 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. NCS000386 NCS000386 Map Scale 1; 24,000 Rohm and Hass Chemicals, LLC Latitude; 350 15' 44" N Longitude: -800 45' 43" W County: Neddenburg Recei ving Stream; UT tD Prier Creek Stream Class: C Sub -basin: 03-08-34 (Catawba River Basin) Facility Location Part I Page 2 of 2 Permit No. NCS000386 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: I. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected tAontribute to contamination of stormwater discharges. The site plan shall contaih tl efollowing: a A general location ma USGS uadr'a le ma or a ro riatel drafted g p( q ,�, g'..,..,\ p pp p Y equivalent map), showing the facility,s location in relation to transportation routes and surface waters, the name ofathhe receiving water(s) to which the stormwater outfall(s) discharges; oriifthe discharge is to a municipal separate storm sewer system, the namWof the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge. The 11 general location- ap (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 concernl-are. North Carolina's 303(d) List can be found here: http://h2o.e�nr.state(nc.us/tmdl/Gencral_303d.htm#Downloads North Caro lina,4,MDL documents can be found here: httP:Hh2o.enr.state.nc.us/tmdI/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, NCSOD0386 (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 technicald nomic 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 u�noff away from areas of potential contamination. (b) Secondary Containment equ regiments and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of theSuperfund Amendments and Reauthorization Act (SARA) water priority chemicals;'and storage in any amount of hazardous substances, in order to preventJeaks•and spills from contaminating stormwater runoff. A table or summary of all s ch 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. NCS000386 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. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program4allebie 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 a easloading and unloading areas, and haul roads), all drainage features and str:uctures;. and'extsting structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems,,as well as facility equipment, facility areas, and facility systems that present a potential f tormwater 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 reeorded 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 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. NCS000386 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. 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 stormwa er discharge characteristic monitoring required in Part II B and C of this permit. ell 9. Implementation. The permittee shall shall include documentation of all m activities, and training provided to e of actions taken to implement BMv Ps vehicle maintenance activities. Sucl five years and made available`"tothe immediately upon request implement theTlan. Implementation of the Plan A MitoArjng, measurements, inspections, maintenance np),oyees/;including the log of the sampling data and associated with the industrial activities, including *cumentation shall be kept on -site for a period of , i ector or the Director's authorized representative Part II Page 4 of 10 Permit No. NCS000386 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 Re uiremen Discharge Characteristics Units' Measurement F' equencyt Sample TypC2 Sample Location3 BOD-5 m II� , ,kmi Al emiannual Grab SDO Zinc m IL ' semi-annual Grab SDO TSS'semi-annual Grab SDO H stndard V> semi-annual Grab SDO Total Rainfall' j "nc es,..', � semi-annual ain Gauge - Footnotes: l: l Measurement Frequency: Twice`' erg ear durin are representative storm event for each year until either another 9 Y 4P_ Y g P Y 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 II Page 5 of 10 Permit No. NCS000386 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 I — Period 1 1 January 1, 2009 .tune 30, 2009 Year 1 — Period 2 2 July 1, 2009 December 31, 2009 Year 2 — Period 1 3 January 1, 2010 June 30, 2010 Year 2 — Period"2 4 July 1, 2010 December 31, 2010 Year 3 — Period l 5 January 1; 201Yf Jude 30, 2011 Year 3 — Period 2 6 July 1,`29)111),, December 31, 2011 Year 4 — Period 1 7 January'], f0,12 ` June 30, 2012 Year 4 — Period 2 8 duly j� 2012 December 31, 2012 Year 5 — Period 1 9 january 1; 013 June 30, 2013 Year 5 —Period 2 10 j4polmy lyz-,41013 October 31, 2013 Footnotes: 1 Maintain semi-annual monitoring during perm monitoring until the renewed permitliis issued- 2 If no discharge occurs during the sampling pei "No Flow" within 30 days of the end 9 ' he si The permittee shall report monitoring period. The pi Table 3. The benchmark The applicant must continue semi-annual permittee must submit a monitoring report indicating sampling period, lytical results from the first sample with valid results within the hall compare monitoring results to the benchmark values in n 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 Analytical Monitoring Discharge Characteristics Units Benchmark BOD-5 m 7 L 30 Zi tic mg/L 0.067 TSS mg/L 100 pH standard 6-9 Part II Page 6 of 10 Permit No. NCS000386 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: I . 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, N. 5. Record each instance of a Tier One response n he`S water Pollution Prevention Plan. the inspection date, the personnel Include the date and value of the benchmark exceedence, conducting the inspection, the selected actions, a d the date the selected actions were implemented. I Tier Two If: During the term of this permif,'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: I . 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 Plow." 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. Part II Page 7 of 10 Permit No. NCS000386 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; 11 • require the permittee to implement other stormwatercorifrol measures; or • require that the permittee implement site modi'f cation-s to qualify for the No Exposure , Exclusion. (�'. "� C9 Part II Page 8 of 10 Permit No. NCS000396 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 Re uiremenW5 4�_ Dischar a Characteristics Fr n t Monitorin g eque cy g Location2 Color semi-annual Al � \SDO Odor semi-annual �r , S D 0 Clarity semi-annualr )/JSDO Floating' Solids //I ,semi-annual ; SDO Suspended Solids (,\,sem annual, v SDO Foam Z,4semi annual SDO Oil Sheen semi;''a nual SDO Erosion or deposition at the rrsemi-annual 1 SDO outfall Other obvious indicators semi-annual SDO of stormwater pollution 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. NCS000386 areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement : Fre uenc 1 Sample T e2 Sample Location3 H standard semi-annual Grab SDO Oil and Grease mg/1 semi-annual Grab SDO Total Suspended Solids m /l semi-annual Grab SDO 'Total Rainfal]4 inches semi-annual Rain _gauge New Motor Oil Usage I 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 until the renewed permit is issued. See Table 2 for schedi e permitting cycle. 2 If the stormwater runoff is controlled by a pond shall be collected within the firstOO j 3 Sample Location: Samples shall be stormwater runoff from area(s) whe 4 For each sampled representati gauge reading must be records of ant„for each year until either another Ifat the end of this permitting cycle t before the submittal deadline, the continue semi-annual monitoring periods through the end of this 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 I1 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. NCS000386 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. 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 aexist g,facilities previously permitted and applying for renewal under this permit: The Stormwater Pollution P eve' t on Plan shall be developed and implemented prior to the beginning of discharges from,the:aperation of the industrial activity and be v . Nk updated thereafter on an annual basis. Secondary containment, as.specified in Part I1, 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 Comnlv The permittee must comply witlall'cc constitutes a violation of the Clean-Wi 1 termination, revocation and rdissuanct this individual permit. Any permit noncompliance is grounds for enforcement action; for permit ration; or denial of a permit upon renewal application. The permittee shall comply,With standards or prohibitions established under section 307(a) of the Clean Water Act toxic pollutants within the time provided in the regulations that establish these standards or,proliibitions, 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 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 I of 8 Permit No. NCS000386 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class lI penalty not to exceed $125,000. 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. Civil and Criminal Liability Except as provided in Part I1I, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.6B, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though 04 responsrbility for effective compliance may be temporarily suspended. 4\// 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed -to clude`the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or,penalt ei sfto which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 31 I of the tF d ral Act, 33 USC 1321. 6. Property Rights 7 The issuance of this individual permit d `s'not convey any property rights in either real or personal property, or any exclusive privilege nor�does it authorize any injury to private property or any invasion of personal rights, nor any infringement of•F'ederal, State or local laws or regulations. Severability fir: 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. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9: Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part III Page 2 of 8 Permit No. NCS000386 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 expirationldate.' 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 than180„days.pror to the expiration date. Any permittee that has not requested renewal at least 180 daysgprior 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 NCGS4 3-2153.6 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 requircments�as maybe necessary under the Clean Water Act, The Permittee is required to notify the Divisiont writing`lin�the event the permitted facility is sold or closed. Si nato Re uirements All applications, reports, or i� tion 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) 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. 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 Part III Page 3 of 8 Permit No. NCS000386 manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing-yi�olations." The issuance of this individual permit does not prrohibit 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 A'Vand 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al%,4 5. Permit Actions The permit may be modified, revoked'and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS l . 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 pennittee 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. NCS000386 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 3. Representative Sampling Samples collected and measurements taken, as requ nature of the permitted discharge. Analytical sampl event. Samples shall be taken on a day and time thz be taken before the discharge joins or is diluted by.i Monitoring points as specified in this permit shall n the Director. �� Recordin Results , shal]`be'16aracteristic of the volume and ;rformed during a representative storm itic of the discharge. All samples shall stream, body of water, or substance. without notification to and approval of For each measurement, sample,.inspection 'or m"aintenance activity performed or collected pursuant to the requirements of this individual permit, iK'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; C. The analytical techniques or methods used; and The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USG 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. Part III Page 5 of 8 Permit No. NCS000386 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 maintainedtt.thefacility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results,shall alsoabc maintained on -site. The r permittee shall retain records of all monitoring information, including all ;calibration and maintenance records and all original strip chart recordings for continuous monitormgginstrumentation, 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 %f ��`' -, The permittee shall allow the Director, or ari authorized'representative (including an authorized contractor acting as a representative of the Director) or in�the-c se 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 dischargenpon 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; f 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. 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 (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 0213 .0506. Part III Page 6 of 8 Permit No. NCS000386 2. 6. 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 Availabili1y of Reports Except for data determined to be confidential under NGGS 1,.43-21.5.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance wiih the terms shall be available for public . ;�� N inspection at the offices of the Division of Water Qualitys required by the Act, analytical data shall not be considered confidential. Knowingly making anyfalse statement on any such report may result in the imposition of criminal penalties as provided for in=.NCGS\143,-215.6B or in Section 309 of the Federal Act. Non-Stormwater Discharges If the storm event monitored irf accordance witti'�thisindividual 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`O e Director as soon as possible of any planned changes at the permitted facility which could significantlalter 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). Anticinated 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 permince 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. NCS000386 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 monitoring reports are submitted. ] 0. Other Information Where the permittee becomes aware that it failed to individual permit or in any report to the Director, it. 24 hour reporting at the time avant facts in an application for an submit such facts or information. Part III Page 8 of 8 NCS000386 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 Act then applicable. PART V ADMINISTERING AND C REQUIREM The permittee must pay the administering and compliance. moi by the Division. Failure to pay the fee, in.timeiy m6ner inAci this Division to initiate action to revoke the Individual Permit, 1. Act See Clean Water Act. 2. Arithmetic Mean other requirements in the MONITORING FEE fee within 30 (thirty) days after being billed with 15A NCAC 2H .0105(b)(4) may cause DEFINITIONS 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. NCS000386 5, Bypass A bypass is the known diversion of stonmwater 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 Storagequid 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 n The Federal Water Pollution Control Act, also known a USC 1251, et. seq. Division or DWQ The Division of Water Quality, Department of Director The Director of the Division EMC ater Act (CWA), as amended, 33 Resources. , the-p6rmit issuing authority. 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. 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. Part VI Page 2 of 5' Pages Permit No. NCS000386 Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR § I22.26(g). 16, 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. 17. Permittee The owner or operator issued a permit pursuant to this individual permit. 18. Point Source Discharge of Stormwater � 7 Any discernible, confined and discrete conveyance including, -but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure``frorhwhich stormwater is or may be discharged to waters of the state. /K 19. 20, 21 22 23 Representative Storm Event A storm event that measures greater than 0.4'inchas of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches hus�occur�red. A single storm event may contain up to 10 consecutive �r hours of no precipitation. For,example, ifit 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. When it is established that:','ihe discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls;,the"jDWQ may grant representative outfall status. Representative outfall status allows the permittee to'perrfform 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 II1, Section 313 reporting requirements; and Part VI Page 3 of 5 Pages Permit No. NCS000386 24. 25 26. 27. 28, 24. 30. That meets at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on Table 11 (organic priority pollutants), Table III (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 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 peso rces which can reasonably be expected to occur in the absence of a bypass. Severe property�daniage does not mean economic loss caused by delays in production. / Significant Materials Includes, but is not limited to: raw materials; fuels•mateiials sudh as solvbnts, detergents, and plastic pellets; finished materials such as metallic products;raw'materials used in food processing or production; hazardous substances designated under section I J1 14) of ERCLA; any chemical the facility is required to report pursuant to section 313 of Title IIK SARA;�ertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential tAe.released with stormwater discharges. XP Significant Spills Includes, but is not limited;0.>releasesio�f oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water/Act (Ref: 40 CFR ] ] 0.16 and CFR l 17.21) or section 102 of r .. CERCLA (Ref: 40 CFR 302,4);__ � Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 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. 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. 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. NCS000386 31. 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. 32. 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? Thte Clean Water -Act, Section 303, establishes the water quality standards and TMDL programs. 33. Toxic Pollutant 'ryifr 'r�;...}y.. Any pollutant listed as toxic under Section 307(a)(1).of the Clean Water Act. 34. Upset ky, Means an exceptional incidenthn which there is unintentional and temporary noncompliance with technology based permit effl eiu 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 ope ation. i 35. Vehicle Maintenance Actiy�ity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 36. Visible Sedimentation Solid particulate matter, both mineral and organic,.that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 37. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages 0 NCS000386 \jlf ArF Michael F. Easley, Governor 9QWilliam G. Ross Jr,, Secretary G North Carolina Department of Environment and Natural Resources Coleen H. Sullins Director Division of Water Quality STAFF REVIEW AND EVALUATION NPnIRC% CtnrmwatPr Pormit Facility Name: Rohm and Haas Chemicals, LLC NPDES Permit Number: NCS000386 Facility Location: Charlotte, NC (Mecklenburg County) Type of Activity: CHEMICAL MANUFACTURING SIC Code: 2821 Receiving Streams: See Figure 1 CEIVE River Basin: Catawba River Basin, Sub -basin 03-08-34 Stream Classification: C AUG 2 9 2008 Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table 1 NO DENR MRO Facility Location: See Figure 1 DAIQ-Surface Water Prot Response Requested by (Date): 9/30/08 Central Office Staff Contact: Brian Lowther, (919) 807-6368 Special Issues: Issue Rating Scale: 1 eas to 10 hard Com liance history 2 Benchmark exceedance 5 Location (TMDL, T&E species, etc 5 Other Challenges: • Contacting Permittee 6 Difficult Rating: 18/40 Special Issues Explanation: • Benchmark exceedence: BOD-5 at both outfalls. Zinc once at Outfall 1. Description of Onsite Activities: a Chemical Plant, a list of stored chemical was provided. Documents Reviewed: • 8PU File • 2004 Catawba Basinwide Plan • 2008 draft 303(d) list • EPA draft 2006 Sector -Specific permit, Sector C "Chemical and Allied Products" Page 1 of 8 NCS000386 History: • Date Permit first issued: September 1, 2001 • Date Permit re -issued: December 2, 2005 • Date: Permittee submitted renewal application: February 28", 2006 • Date permit request transfer to individual permit: November 23. 2005 for change of name from Rohm and Haas Company to Rohm and Haas Chemicals, LLC Page 2 of 8 NCS000386 Figure 1: Map of Facility W—r., . moll" gn,�t iy 'tl r-;• iLl} 'a 1�.,-�,x� „�•~• s�l��h4�� J�et�j�, 'I!, Jf' �-: ��,�N„Ir�,� �+ na.. � . k•*i.✓w��+� • iL�3�iY�f�',^y',�� . . `f L � '4 '"Y S 'rp'_q � •:j�i.s -� 1'. 5•�4 ' � ��• ��,��, i.7/fF�{f'r%Jaa f. ��•`L3 ��':r. [ x `'� F i �b'� •i'� ..�.+ � s ►'"•'rf .l`�,.. •''jot'':.!, WO %0 i � ,�'�S�J��r �,l �;..l�i �i ' <ti�'.^.In��,t� 1 !::F��� �`P�>�v.J •�!GB�� '`i�: �..{ F 5 �. _,�4�YY1i;��k?'+•.,,, !, ra �'rr�: A' '��'1kr �� `,�.; �� "F+'4%y���S� '>��..f g ���.�[(� ���� t..rYr� �ir•,�.aS � v,MNMy' a��'r~ \ �h��'ipk•'�'•'S`M= ��d+:��ki, t4,C..{, • • Rohm �r�s..{►f�rl�:,� County: Ntcklentxrg All Rer.eNng St -earn: UT tD Brier Creek Stream - Sub -basin: 18(Catawba Page 3 of 8 NCS000386 Central Office Review Summary: 1. Owner's Other Permits: (If applicable) NCG090005 Inactive: Paints, Varnishes, Lacquers Stormwater Discharge, Rohm and Haas Chemicals LLC 2. General Observations: Chemical plant that produces architectural and functional coatings. 3. Impairment: Not 303(d) listed. Not addressed in the 2004 Basinwide Plan. 4. Threatened and Endangered: On the National Heritage map no species were federally regulated. 5. Location: The outfalls drain to a C stream. 6. Industrial Changes Since Previous Permit: Only change since the last permit application is the addition of methyl methacrylate in bulk storage. "It is stored in a tank in the same dike as other bulk hazardous materials. And does not pose any additional issues requiring changes in stormwater management." 7. Analytical Monitoring Notes: The permittee sampled, BOD-5, cBOD, Lead, and Zinc. Four sampling dates were given from 11/4/2004 to 8/9/2005. Two outfalls were collected. A letter in the file dated February 18, 2004 stated that due to a lab error the BOD sample was analyzed as carbonaceous BOD instead of BOD-5. The sample from the main stormwater collection area (`pipe 00P) which collects the stormwater from the Plant's processing area was not affected. Monitoring was required quarterly on the four year. 8. Qualitative Monitoring Notes: The qualitative monitoring was from 11/26/01 to I0I6/05. Stormwater was contaminated on 5/21/03 because of an overflow of a rail car loading spill pan. All contaminated stormwater was contained and treated. None left the site. Outfall 001 had some slightly muddy water on occasion. Outfall 2 was all OK. Page 4 of 8 NCS0003 86 Table is Analytical Monitoring Kegtmred sample Total Precipitation []uraTlon BOU-5 1_eaa zinc ctsUU Benchmark: Benchmark: Benchmark: Benchmark: Sampling Date Flow (in) (hours) Range MGD) 30 mgIL 0.03 mg/L 0.067 m IL X mg/L Outfall 9 9/1/04 to 11/4/2004 BDL;<0.003 0.048 11/30/04 1211 /04 to 1/14/2005 3.2 BDL;<0.003 2/28/05 3/1/05 to 4/1312005 3.4 BDL;<0.003 0.056 5/31105 6/1/05 to 8/9/2005 BDL;<2.0 BDL;<0.003 0.044 M1105 9/1/04 to 11/30/04 11/4/2004 BDL;<0.003 0.042 12/1 /04 to 2/28/05 1/14/2005 BDL;<0.003 0.021 BDL;<2.0 311/05 to 5/31 /05 4/13/2005 BDL;<2.0 BDL;<0.003 BDL;<0.020 6/1105 to 8/31/05 8/9/2005 BDL;<2.0 BDL;<0.003 0.053 Over Current Benchmark "!TData Not Collected Page 5 of 8 NCS000386 Revised Permit Recommendations: Analytical Monitoring: 1. Zinc and BOD-5 sampling has been maintained. Sector C recommends monitoring for Zn and TSS. TSS has been added to the permit. 2. pH has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part 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 FIow" 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 outfall status. 6. The permittec 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 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 li Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges., 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Page 6 of 8 NCS000386 Discussions with permittee: Timothy Ryan, 704-596-3021, 8/15/08 Left message on 08/11/08 1. Have there been any changes since the application was submitted? Some new chemicals were added in storage. List of chemicals was provided. 2. The analytical monitoring shows higher BOD-5 for both outfalls on the first sampling date. Were any changes done after this monitoring? No changes after the monitoring. The permittee noted the lab had given some comments about the samples. 3. What chemicals are stored outside? Will receive a list of chemical in the mail. 4. Do you have a waste water permit? Waste water permit through CMUD. t 5. Vehicle Maintenance? No 6. What is your SIC code? 2821 Page 7 of 8 NC S000386 Recommendations: Based on the documents reviewed, the application information submitted on February 24, 2006 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) f�-� �• `\ Date 00 Z Stormwater Permitting Unit Supervisor �.�+�[ Date Page 8 of 8 s in-i nRA ROAD, CHARLOTTE, NC 28213 L65A TELEPHONE (704) 596 3021 FAX (70415980909 ARCHITECTURAL ANO FUNCTIONAL COATINGS CHARLOTTE PLANT ROHM aHRRS August 15, 2008 Mr. Brian Lowther Stormwater Permitting Unit NC-DENR / DWQ 1617 Mail Service Center Raleigh, NC 27699-1617 RE: NPDES Stormwater Permit Renewal — Additional Informat' Rohm and Haas Chemicals — Charlotte Permit No. NCS000386 Mecklenburg County Dear Mr. Lowther, Per your request for additional information about the Rohm and Haas Charlotte Pla'd for the Stormware Permit Renewal, enclosed are: • a brief description of the operations on site • materials on site in bulk storage • materials on site in containers Please feel free to contact me at (704) 596-3021, x3061 if you have any questions or need any additional information. Sincerely, r 1 Timothy J. Ryan, CIH Environmental, Health, and Safety Manager cc: J. Kolff Process Overview Bulk raw materials are received by rail cars and tank trucks. These materials are pump unloaded into bulk storage tanks located in the monomer tank farm or along the back drive. Other raw materials are received in drums, totes, or bags at the warehouse. For processing, the bulk raw materials are pumped from the storage tank into process vessels where the chemical reaction (polymerization) takes place. Other raw materials are weighed and poured or pumped into process vessels in either the chemical building or the reactor deck. After the reaction is complete, the finished product is filtered and placed into product storage tanks located in the warehouse or along the back drive. Finished product is pumped from storage tanks to either drums, totes, tank wagons, or rail cars for shipment to customers. Page 2 of 10 I/ SWP3 Appendix E-1: Tanks Tanis t Lo on {B-00ding {Gallons osu {5wtiothrmin wlaastet 3 'ears- Ltikblihoodro-fe ta ormw astSigf 64nchwr ilUO Release Re ortable T-205 Process Scrubber Reactor Deck Carbon Steel 200 No Med No T-206 Tank Farm Scrubber Monomer TIF Carbon Steel 75 No Med No T-301 Raw Waste Pond Waste Treatment Concrete Basin 105,000 Yes High Yes T-302 Raw Waste Pond Waste Treatment Concrete Basin 105,000 Yes High Yes T-303 Mix Basin Waste Treatment Concrete Basin 138,000 Yes High No T-304 Recycled Perlite Water Waste Treatment Carbon Steel 20,000 Yes Hi h No T-305 Sulfuric Acid Storage * Waste Treatment Polyethylene double wall)_Med 6,600 No No T-306 Ferric Chloride Storage Waste Treatment Polyethylene double wall 6,650 No Med No T-307 Sludge Holding Tank Waste Treatment Concrete Basin 64,500 Yes Hi h No T-308 Polymer Feed Tank Waste Treatment Carbon Steel wl lining 800 No Low No T-311 Perlite Silo Waste Treatment Carbon Steel 31,000 No Med No T-312 Perlite Mix Tank Waste Treatment Carbon Steel 2,000 No Med No T-313 Dilute Caustic Storage Waste Treatment Carbon Steel double wall 25,000 No Med No T-315 Aeration Basin Waste Treatment Concrete Basin 128,000 Yes High No T-401 I Methyl Acrylate Storage Monomer TIF Carbon Steel 8,000 No Med No T402 QM-2004 Storage Monomer TIF Carbon Steel 8,000 No Med No T463 Butyl Acrylate Storage Monomer TIF Carbon Steel 40,000 No Med No T-404 Ethyl Acryate Storage Monomer TIF Carbon Steel 40,000 No Med No T-405 Vinyl Acetate Storage * Monomer TIF Carbon Steel 60,000 No Med Yes T-406 I Styrene Storage Monomer TIF Carbon Steel 38,800 No Med No T-407 Acrylonitrile Storage * Monomer TIF Carbon Steel 12,000 No Med No T-408 Methyl Methacrylate Storage * Monomer TIF Carbon Steel 38,800 No Med No T-409 2-Ethylhexyl Acrylate Storage Monomer TIF Carbon Steel 38,800 No Med No T490 Polyvinyl Alcohol Silo Back Drive Carbon Steel 18,700 No Med No T491 Polyvinyl Alcohol Silo Back Drive Carbon Steel 18,700 No Med No T411 Finished productlRM storage Bldg 2 Stainless Steel 8,000 No Low No T-412 Finished product/RM storage Bldg 2 Stainless Steel 8,000 i No Low No T413 Finished product/RM storage Bldg 2 Stainless Steel 7,900 No Low No T-416 Finished product/RM storage Bldg 2 Stainless Steel 3,950 No Low No T-417 Finished product/RM storage Bldg 2 Carbon Steel 6,000 No Low No T418 Finished productlRM storage Bldg 2 Carbon Steel 3,000 No Low No Page 3 of 10 1 3 4 5 nu�6 i -0-8RUM ':6 Tank Use Ll anon (Bud"ding) ton airier ivlaterial Capacity (Gallons) Exposure to Storrnwater within Last 3 ears Likelihood of Contac# with StormvsraterRelease Pas gnu nt a Spill o"r Re stable T-419 Finished product/RM storage Bldg 2 Carbon Steel 3,000 No Low No T-420 Finished productlRM storage Bldg 2 Carbon Steel e a lined 6,000 No Low No T-430 Hydrogen Peroxide Storage Back Drive 304SS 500 No Med No T-453 Aqua Ammonia Storage Back Drive 304SS 4,000 No Med No T-454 Caustic (50%) Storage Back Drive 304SS 4,000 No Med No T-470 tAHP Storage Bldg 2 304SS 500 No Low No T-481 Kathon Storage Bldg 2 Polyethylene 615 No Low No T- 82 Proxel Storage Bldg 2 Polyethylene 615 No Low No T-483 Kordek Storage Bldg 2 Polyethylene 95 No Low No T-501 pH Adjustment Tank Reactor Deck 304SS 150 No Low No T-532 R-3 MET Reactor Deck 316SS Clad 3,400 No Low No T-533 R-3 Catalyst Tank Reactor Deck 316SS 220 No Low No T-534 R-3 Activator Tank Reactor Deck 316SS 220 No Low No T-535 R-3 Utility Tank Reactor Deck 316SS 400 No Low No T-537 R-3 MET Precharge Tank Reactor Deck 316SS 1,000 No Low No T-538 Dextrin Cook Tank Reactor Deck 316SS 3,500 No Low No T-540 Wicanol Tank Reactor Deck 316SS 3,800 No Low No T-541 T-540 Adjustment Tank Reactor Deck 304SS 25 No Low No T-552 R-5 MET Reactor Deck 304SS 2,700 No Low No T-553 R-5 Catalyst Tank Reactor Deck 304SS 200 No Low No T-554 R-5 Activator Tank Reactor Deck 304SS 175 No Low No T-555 tBHP Storage Bldg 2 316SS 1,000 No Low No T-560 R-3 Drop Tank (R-6) Reactor Deck 304SS 6,600 No Low No T-563 R-6 Catalyst Tank Reactor Deck 316SS 150 No Low No T-564 R-6 Activator Tank Reactor Deck 316SS 150 No Low No T-571 I R-7 Aqueous Tank Reactor Deck 316SS Clad 4,400 No Low No T-572 R-7 MET Reactor Deck 316SS Clad 5,500 No Low No T-573 R-7 Catalyst Tank Reactor Deck 316SS 500 No Low No T-574 R-7 Activator Tank Reactor Deck 316SS 500 No Low No T-575 R-7 Utility Tank Reactor Deck 316SS 700 No Low No T-576A Shot Tank Reactor Deck 304SS 75 No Low No T-576B Shot Tank Reactor Deck 304SS 10 No Low No T-577 R-7 MET Precharge Tank Reactor Deck 316SS 1,000 No Low No T-578 R-7 Catalyst Shot Tank Reactor Deck 316SS 200 No Low No Page 4 of 10 ank Use Locafior� (Binding} C►ntainerMater�al WMyears)_. osure oLikelihoodof with tornlWaterpKeportable PaspSiContact Spill- T-579 R-7 Activator Shot Tank Reactor Deck 316SS 200 No Low No T-580 R-7 Drop Tank (R-8) Reactor Deck 316SS 11,000 No Low No T-583 R-8 Catalyst Tank Reactor Deck 316SS 200 No Low No T-584 R-8 Activator Tank Reactor Deck 316SS 500 No Low No T-595 Biocide Dilution Tank Reactor Deck 316SS 100 No Low No T-610 R-1 Bldg 2 316SS Clad 1,000 No Low No T-620 R-2 Bldg 2 316SS Clad 2,000 No Low No T-630 R-3 Reactor Deck 316SS Clad 3,600 No Low No T-650 R-5 Reactor Deck 304SS Clad 3,600 No Low No T-670 R-7 Reactor Deck 316SS Clad 6,500 No Low Yes T-701 Compounding Mixer Bldg 2 Carbon Steel 5,300 No Low No T-702 Compounding Mixer Bldg 2 304SS 6,000 No Low No T-703 Compounding Mixer Bldg 2 Carbon Steel 6,000 No Low No T-704 Homopolymer Mix Tank Bldg 2 Carbon Steel lined 3,500 No Low No T-705 PVOH Cook Tank Bldg 2 Carbon Steel lined 2,300 No Low No T-706 Compounding Blending Vessel Bldg 2 Carbon Steel 700 No Low No T-708 Compounding Blending Vessel Bldg 2 Carbon Steel 6,000 No Low No T-709 Misc Additives Tank Bldg 2 304SS 50 No Low No T-720 Ammonia Mix Tank Bldg 2 304SS 10 No Low No T-721 Ammonia Mix Tank Bldg 2 304SS 10 No Low No T-801 Finished product storage Bldg 2 Carbon Steel 14,500 No Low No T-802 Finished product storage Bldg 2 Carbon Steel 14,500 No Low No T-803 Finished product storage Bldg 2 Carbon Steel 14,500 No Low No T-804 Finished product storage Bldg 2 Carbon Steel 14,500 No Low No T-805 Finished product storage Bldg 2 Carbon Steel lined 14,000 No Low No T-806 Finished product storage Bldg 2 Carbon Steel lined 12,000 No Low No T-807 Finished product storage Bldg 2 Carbon Steel lined 12,000 No Low No T-808 Finished product storage Bldg 2 Carbon Steel lined 12,000 No Low No T-809 Finished product storage Bldg 2 304SS 20,000 No Low No T-811 Finished product storage Bldg 2 Carbon Steel lined 12,000 No Low No T-812 Finished product storage Bldg 2 Carbon Steel 6,000 No Low No T-813 Finished product storage Bldg 2 Carbon Steel 6,000 No Low No T-814 Finished product storage Bldg 2 Carbon Steel 6,000 No Low No T-815 Finished product storage Bldg 2 Carbon Steel 6,000 No Low No T-816 Finished product storage Bldg 2 Carbon Steel 12,000 No Low No Page 5 of 10 m 4 MIN007AUMM MMOMM Tank Use Limon �Builaing} Container Material Capacity (Gallons Exposure to Stocrnwate (mn in last 3 ars Likelihood of Contact with Stormwater Past,Significant!. SpilE or Release Re rtatile T-817 Finished product storage Bldg 2 Carbon Steel 6,000 No Low No T-818 Finished product storage Bldg 2 ' Carbon Steel 6,000 No Low No T-819 Finished product storage Bldg 2 Carbon Steel 6,000 No Low No T-820 Finished product storage Bldg 2 Carbon Steel 6,000 No Low No T-823 Finished product storage Bldg 2 304SS 4,000 No Low No T-832 Finished product storage Bldg 2 Carbon Steel 4,000 No Low No T-833 Finished product storage Bldg 2 Carbon Steel 4,000 No Low No T-835 Finished product storage Bldg 2 Carbon Steel 3,000 No Low No T-836 Finished product storage Bldg 2 Carbon Steel 3,000 No Low No T-840 Finished product storage Bldg 2 Carbon Steel 10,000 No Low No T-841 Finished product storage Bldg 2 Carbon Steel 10,000 No Low No T-844 Finished producttRM storage Bldg 2 316SS 3,800 No Low No T-845 Finished productlRM storage Bldg 2 316SS 3,800 No Low No T-846 Finished product storage Bldg 2 Carbon Steel 4,000 No Low No T-847 Finished product storage Bldg 2 Carbon Steel 4,000 No Low No T-850 Finished product storage Back Drive Stainless Steel 15,000 No Med No T-851 Finished product storage Back Drive Carbon Steel 11,500 No Med No T-852 Finished product storage Back Drive Carbon Steel 25,000 No Med No T-853 Finished product storage Back Drive Carbon Steel 20,000 No Med No T-854 Finished product storage Back Drive Stainless Steel 53,000 No Med No T-855 Finished product storage Back Drive Carbon Steel 53,000 No Med No T-856 Finished product storage Back Drive Carbon Steel 53,000 No Med No T-857 Finished product storage Back Drive Carbon Steel 53,000 No Med No T-858 Finished product storage Back Drive Stainless Steel 23,500 No Med No T-859 Finished product storage Back Drive Stainless Steel 23,500 No Med No T-860 Finished product storage Product Storage Bldg Stainless Steel 30,000 No Low No T-861 Finished product storage Product Storage Bldg Stainless Steel 30,000 No Low No T-862 Finished product storage Product Storage Bldg Stainless Steel 40,000 No Low No T-863 Finished product storage Product Storage Bldg Stainless Steel 40,000 No Low No T-864 Finished product storage Product Storage Bldg Stainless Steel 40,000 No Low No T-865 Finished product storage Product Storage Bldg Stainless Steel 40,000 No Low No T-901 DI Water Tank Back Drive Fiberglass 8,000 No Med No T-902 Hot Water Tank Boilerhouse Carbon Steel 4,000 No Med No T-903 Nitrogen Back Drive Carbon Steel 1,500 No Med No T-904 DI Water Supply Tank Boilerhouse Polyethylene 1,100 No Med No Page 6 of 10 Tank Use Lotion (MEMO liting) Con#ainer Ma#eral -apacity Gallons F�cpos re to Sto water (within last 3 ars Likelihood of Contact with Stormwa#er :,as Significant Spili or Release Re ortable T-905 Hot DI Water Tank Boilerhouse Stainless Steel 8,000 No Med No T-906 Boiler Water Feed Tank Boilerhouse Carbon Steel 850 No Med No T-923 R-3 Knock -Out Pot Reactor Deck 304SS 500 No Med No T-925 R-5 Knock -Out Pot Reactor Deck 304SS 500 - No Med No T-927 R-7 Knock -Out Pot Reactor Deck 304SS 500 No Med No T-950 #2 Fuel Oil Underground - at Lab Fiberglass double wall 12,000 No Low Yes T-990 Fire Water Storage Rear Yard Carbon Steel 300,000 No Med No T-991 Diesel fuel tank - Fire pump Fire Pump House Carbon Steel 275 No Low No T-992 Diesel fuel tank - yard tractor Monomer TIF Carbon Steel 275 No Med No T-993 Used oil tank Monomer TIF Polyethylene 500 No Med No Notes: Col 6: Exposure to Stormwater (within last 3 years) Yes: No overhead roof provided No: Overhead roof provided or tank covered. Col 7: Likelihood of Contact with Stormwater High: Contents of tank directly exposed to precipitation. Med: Closed tanks located outside. Low: Closed tanks located under a roof. Col 8: Past Significant Spill or Release (Reportable) From SPCC Plan (Spill and Release History) * Chemicals are listed as SARA Title III, Section 313 Water Priority Chemicals Page 7 of 10 SWP3 Appendix E-2: Drum Inventory Name A C'AS Ma ' um (Pounds) Exposure to".dPast Stormwate ,spill Significant or release Gontainec 4-Hydroxy-Tempo 5% in Water 2226-96-2 2,000 No Low No drum Abex EP-110 68649-65-8 25,000 No Low No drum Acetic Acid 64-19-7 7,000 No Low No drum Acrylic acid 79-10-7 75,000 No Low No drum Adjunct H Liquid 1310-73-2 1310-58-3 800 No Low No drum Advantage Plus 1000 1310-73-2 64-02-8 8061-51-6 800 No Low No drum Aerosol18P 14481-60-8 9,000 No Low No drum Aerosol22 38916-42-6 64-17-5 20,000 No Low No drum Aerosol A 102 68954-91-6 15,000 No Low No drum Aerosol MA-80-1 2373-38-8 10,000 No Low No drum Amersite 2 7681-57-4 800 No Low No drum AMP 95 124-68-5 3,000 No Low No drum Amyl hydroperoxide, t- 3425-61-4 4,000 No Low No drum Antifoam H-10 63148-62-9 1,000 No Low No drum Biosperse 250 26172-55-4 2682-20-4 800 No Low No drum Bleach 7681-52-9 2,500 No Low No jug, drum -Bruggolite FF-6 223106-41-0 29736-24-1 7757-83-7 4,000 No Low No drum Caustic soda 1310-73-2 5,000 No Low No tank, drum DeeFo 2020E 64741-88-4 1,500 No Low No drum Dextrine 9004-53-9 100,000 No Low No bag Disponil FES 32 68891-38-3 80,000 No Low No drum DowFax 2A1 119345-04-9 2,500 No Low No drum Drew L-108 64741-88-4 2,000 No Low No drum DrewL-475 64741-88-4 1,000 No Low No drum DrewY-250 64741-88-4 1,200 No Low No drum EC3085A (0-1550) 1 2226-96-2 1,600 No Low No drum Page 8 of 10 Name CAS hJlaximum SPO5nds,MStormwate Exposure to conta nth IELEO storm er Past S'tgnNIMI ficant spit# lease lContainer Emkol K-8300 (2503) 67815-88-7 20,000 No Low No drum Erythorbic Acid 89-65-6 5,000 No Low No drum Ethylene urea 120-93-4 4,000 No Low No drum Foamaster (Nopco) NDW Undiscl 8,000 No Low No tote Foamaster 111 Undiscl 4,000 No Low No tote Foamaster NXZ Undiscl 1,500 No Low No drum Foamaster0 Undiscl 1,000 No Low No drum Foamaster VL Undiscl 900 No Low No dram Glycine 56-40-6 2,000 No Low No drum Hydro AWC (Sodium Formaldehyde Suifo ate 149- 4-0 16,000 No Low No bag Hydrogen peroxide (35%) 7722-84-1 7,000 No Low No tank, drum Hydroxyethyl Cellulose 9004-62-0 12,000 No Low No bag Igepal CO-430 9016-45-9 1,800 No Low No drum Itaconic acid 97-65-4 1,800 No Low No bag Latex Emulsions 18,000,000 Yes Med No dram, tote, tank Lubrizol 2405 (AMPS 2405) 5165-97-9 20,000 No Low No drum Maleic anhydride 108-31-6 6,000 No Low No bag Methacrylic acid 79-41-4 40,000 No Low No drum Methylolacrylamide, n- 924-42-5 60,000 No Low No drum n-Dodecyl Mercaptan 112-55-0 4,000 No Low No drum Novec FC-4330 Undiscl 1,000 No Low No drum Pennstop Anhydrous 3710-84-7 800 No Low No drum Pleuronic L-64 9003-11-6 6,000 No Low No drum Polystep A-16-22 (Sodium Dodecyl Benzene) 25155-30-0 36,000 No Low No drum Potassium persulfate 7727-21-1 12,000 No Low No bag QM-1458 Undiscl 50,000 No Low No drum Rhodafac RS 610A 69029-43-2 100,000 No Low No tote, drum Rhodoline 643 (Colloids 643) Undiscl 2,000 No Low No drum Rhodoline 681 F (Colloids 681 F) 64741-89-5 3,000 No Low No dram Soda ash 497-19-8 10,000 No Low No bag Sodium Metabisulfite 7681-57-4 16,000 No Low No bag Sodium persulfate 7775-27-1 18,000 No Low No bag Starch 68909-37-5 12,000 No Low No bag Page 9 of 10 Name ►i�i MaMimuM (Pounds} Ip Stormwater I� 0EMSPas contact with stor nwater Significant spill or release Container t-Dodecyl Mercaptan (Sulfole) 25103-58-6 14,000 No Low No drum Tergitol NP30 (CO-887) 127087-87-0 28,000 No Low No drum Tergitol NP40 (C0-897) 127087-87-0 8,000 No Low No tank, drum Tergitol NP9 127087-87-0 65,000 No Low No tank, drum Triton X-100 9036-19-5 10,000 No Low No drum Triton X-405 9036-19-5 18,000 No Low No drum Triton XN-45S Various 58,000 No Low No drum Versene 220 64-02-8 800 No Low No drum Virtex D (Sodium Hydrosulfite) 7775-14-6 1,800 No Low No drum Wrico BGA 1310-58-3 35471-49-9 800 No Low No drum Zinc oxide 1314-13-2 4,500 No Low No drum Zonyl9361 Various 3,000 No Low No pail Page 10 of 10 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 August 7, 2008 Timothy Ryan Rohm and Haas Chemical, LLC 6101 Orr Road Charlotte, North Carolina 28213 Subject: NPDES Permit Renewal Application Rohm and Haas Chemical, LLC Permit Number NCS000386 Individual Stormwater Permit Mecklenburg County Dear Mr. Ryan: The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000386 on February 24, 2006. We apologize for the lengthy delay in responding to your submittal and are now making every effort to review your permit renewal as expeditiously as possible. Our Unit anticipates making significant progress on individual permits over the next six months to reduce our backlog. We are currently beginning our review of your renewal application, Please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. As long as you have submitted a complete renewal request package and maintain compliance with those permit conditions, stormwater discharges from this facility are authorized by that permit until the Division issues a renewal permit or notifies you of an alternative action. No additional information is required at this time, but we may contact you in the future. Please notify us if any significant changes have taken place at this facility since you submitted the renewal package. If you have any questions about this matter, please contact me at (919) 807-6368, Sincerely, Brian C. Lowther Environmental Engineer Stormwater Permitting Unit No ehCarolina Natrrra!!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% Recycled110% Post Consumer Paper NCS000386 Wrrnit Renewal Application cc: Mooresville Regional Office Stormwater Permitting Unit Files Central Files 5101 ORR ROAD, CHARLOTTE, NC 28213 USA TELEPHONE (7041 596-3021 FAX (7041 598-0909 ARCHITECTURAL AND FUNCTIONAL COATINGS CHARLOTTE PLANT February 24, 2006 ROHM "HAAS Individual Permit Renewal Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, NC 27699-1617, Attn: Bill Mills VIA CERTIFIED MAILCD g p RE: NPDES Stormwater Permit Renewal Rohm and Haas Chemicals — Charlotte Permit No. NCS000386 Mecklenburg County Dear Mr. Mills, The current NPDES Stormwater Discharge Permit for Rohm and Haas Chemicals LLC in Charlotte (Permit # NCS000386) expires on August 31, 2006. The plant wishes to renew the permit, and is submitting this application for permit renewal prior to 180 days before the current permit expires. Enclosed are two copies of the Renewal Application Form, Stormwater Pollution Prevention Plan certification, and supplemental information for the Rohm and Haas Chemicals Plant in Charlotte. Please feel free to contact me at (704) 596-3021, x3061 if you have any questions or need any additional information. Sincerely, Timothy J. Ryan, CIH Environmental, Health, and Safety Manager cc: M. Hurlich B. Schulze SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: (Do not submit the site Stormwater Pollution Prevention Plan) Initials 1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. 2. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. 4. A summary of the Best Management Practices utilized at the 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. 6. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). * If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) Representative storm sampling may now be conducted anytime during the year (the April to November window has been eliminated) and the representative rainfall event is now defined as a storm event that measures greater than 0.1 inches and is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. . �p� WarF9pG PERMIT COVERAGE Y RENEWAL APPLICATION FORM Permit Number National Pollutant Discharge Elimination System NCS000386 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 NCS000386 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 OwnerlOrg. Name: ROHM AND HAAS CO Owner Contact: Mailing Address: Phone Number: Fax Number E-mail address: FACILITY INFORMATION Facility Name: ROHM AND HAAS CO Facility Contact: Facility Address: 6101 ORR RD CHARLOTTE, NC 28213 Phone Number: Fax Number E-mail address: PERMIT INFORMATION Permit Contact: TIMOTHY RYAN ✓ Mailing Address. 6101 ORR RD CHARLOTTE, NC 28213 ✓ Phone Number: 7040000000 Fax Number: E-mail address: DISCHARGE INFORMATION Discharge Receiving Water: Stream Gass: Basin: Sub -Basin #: Number of outfalls: CERTIFICATION NM ANd MASS Gtt A1e±,LS J.I-C, 100 u GF_ IaCST 141L4•10E1.0H1.4 . PAS _ 19100 339Q aIS- - S4' . 30do &is-- s o'. 3377 MAP.Ttx1 NuRLIo+N -7oy- 544. 304%1 20 y • S48 - 04 dq 7o�-s44-sdd? � m�1.598 • G 3o x. T TQ �fA� Qo kM m4ts. co-1 I certify that I am familiar a informati' co ained in the application and that to the best of my knowledge and belief such ' o lion i t , rrete a accu te. Signature Date Z & S� P ,r� d ; sG _� &Fc Print or type name of person signing above Title Please return this completed renewal application form to: Individual Permit Renewal Attn: Bill Mills Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 1�r STORM WATER POLLUTION PREVENTION PLAN im PLM Rau Na ww CHOWAS us amp as FAM "I AKtA IV ZUU #UUZ Parameters: Date Sampled 11/4/2004 1 /14/2005 4/13/2005 8/9/2005 Table 1 Summary of Analytical Results Rohm and Haas Chemicals LLC Charlotte Plant Outfall 001 Outfall 002 Storm Event BOD-5 Lead Zinc BOD-5 - cBOD Lead Zinc Date Precipitation Duration m IL m IL mg/L mg/L mg/L mg/L (inches) (hours) 38 BDL; <0.003 0.048 30 BDL; <0.003 0.042 11/4104 1 19 3.2 BDL; <0.003 0.077 BDL; <2.0 BDL; <0.003 0.021 1114/05 1.25 7 3.4 BDL; <0.003 0.056 BDL; <2.0 BDL; <0.003 BDL; <0.020 4112-13105 1.2 18 BDL; <2.0 BDL; <0.003 0.044 BDL; <2.0 1 1 BDL; <0.003 1 0.053 818-9105 1.15 14 Table 2 Stormwater Visual Monitoring Results Rohm and Haas Chemicals LLC Charlotte Plant Date: 11/26/01 6/26102 10/16/02 5121/03 10/28/03 416104 10/13/04 4/13/05 10/6/05 Outfall 001 Detention Basin Note 1 Color OK OK OK Whitewater present OK OK OK Slightly muddy - normal Slightly muddy - normal Odor None None None None None None None None None Clarity OK Whitewater resent OK OK OK OK OK Floating Solids OK OK OK OK OK OK OK Suspended Solids Normal - sli ht mud Whitewater present OK OK OK -slightly muddy OK -slightly muddy OK -slightly muddy Foam OK OK OK OK OK OK OK OK OK Oil Sheen OK OK Slight sheen draining off employee r)arkina lot OK OK OK OK OK OK Other obvious indicators of stormwater pollution None None None Whitewater present None None None None None Outfall 002(Warehouse Apron) Color OK OK OK OK OK OK OK OK OK Odor None None None None None None None None None Clarity OK OK OK OK OK OK OK Floating Solids OK OK OK OK OK OK OK Suspended Solids OK OK OK OK OK OK OK Foam OK OK OK OK OK OK OK OK OK Oil Sheen OK OK OK OK OK OK OK OK OK Other obvious indicators of stormwater pollution None None None None None None None None None Note 1: Stormwater was contaminated due to an overflow of a rail car loading spill pan. All contaminated rainwater was contained on site and treated in the plant's wastewater treatment system; no contaminated rainwater was discharged. Summary of Best Management Practices Rohm and Haas Chemicals LLC Charlotte Plant The following best management practices have been implemented to protect storm water discharge from contamination at the Rohm and Haas Charlotte Plant. Containment: Stormwater Detention: Stormwater from a majority of the facility (including all process areas) drains to a detention pond. The valve for the detention pond outfall is kept closed and locked. Stormwater is only released after inspection and testing of the water. In the event of a fire, potentially contaminated fire water would be contained on site. (Estimated capacity of the detention area is 1 million gallons.) Secondary Containment: Process and storage areas (including loading and unloading areas) are equipped with secondary containment, consisting of dikes and/or trenches, which route spills or potentially contaminated rainwater to the plant's wastewater treatment plant (for treatment and discharge to the POTW). Prevention: Monitoring: Hazardous materials and waste storage areas are routinely inspected for malfunctions and/or leaks which could result in a release of hazardous constituents to the environment. All discharges from the detention area are evaluated prior to release. Semi-annual inspections are performed of the stormwater outfalls per the Plant's permit conditions, as well as required sampling and testing of stormwater. Procedures and Training: Procedures and training are in place, including jobs handling hazardous materials, transfer operations, and spill prevention and response. Unloading and loading operations include the use of a checklist. Good Housekeeping: Forklift and other outdoor maintenance will be performed under roof where feasible. Employee Training Personnel handling chemicals or who are involved in environmental protection and product safety activities at this facility receive training in the safe handling of hazardous materials, finished product, wastes, and spill and release prevention and response as required by their assigned jobs. This training covers site -specific information including implementation of the facility's Emergency Response Plan, the facility's Storm Water Pollution Prevention Plan, relevant Stormwater Permit requirements, and any current issues related to. stormwater. All new personnel receive appropriate training within one month of the date they are hired. Likewise, personnel who transfer to new jobs which involve these responsibilities receive appropriate additional training within six months of the date of transfer. Everyone who works involves hazardous material handling receives appropriate training initially, and annual refresher training. Significant Industrial Activity Changes Rohm and Haas Chemicals LLC Charlotte Plant Since the last permit application, the only significant change in industrial activity is the addition of methyl methacrylate in bulk storage. This material is stored in a tank in the same dike as other bulk hazardous materials, and does not pose any additional issues requiring changes in stormwater management. STORMWA,TE`R POLLUTION PREVENTION PLAN 1� „DEVELOPMENTAND IMPLEMENTATION" e N.C. Division of Water Quality, Stormwater and General Permits Unit Facility Name: ROHM AND HAAS CO Permit Number: NCS000386 Location Address: 6101 ORR RD CHARLOTTE, NC 28213 County: MECKLENBURG "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or 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 STORMWATER POLLUTION PREVENTION PLAN WITH THE CERTIFICATION. Signature .r Print or type name of person signing above Date Title SPPP Certification 2199 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director December 29, 2005 ROHM AND HAAS CO ATTN: TIMOTHY RYAN, OR SUCCESSOR 6101 ORR RD CHARLOTTE, NC 28213 Dear Permittee: 1•• NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal Rohm And Haas Co Permit Number NCS000386 Mecklenburg County Your facility is currently covered for stormwater discharge under NPDES Permit NCS000386. This permit expires on August 31, 2006. 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 supplimental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by in order for the permit to be renewed by August 31, 2006. Failure to request renewal by may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater and General Permits Unit at (919) 733-5083, ext. 548. Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files �5 mwater.And -General Permits Unit Files Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper