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
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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
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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
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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�
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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
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0
FIRE WATER
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STORAGE
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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
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SDO-001 Monitoring Results
Analytical
Monitoring
Visual
Monitoring
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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
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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
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applied for an NFCES Sturnwat r Pame to dacha";
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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
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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
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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
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