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HomeMy WebLinkAboutNCS000093_HISTORICAL WITH APPLICATION_20180930----STORM WATE R_D'IVI SICIN-COD IN G_ SHEET PERMIT NO. ,.N cs Jpoc)gl DOC TYPE ❑ FINAL PERMIT ❑ MONITORING INFO X APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ D1 (, ��{`�6 YYYYM M D D , V + NCS000093 DRAFT PERMIT STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Caroli�'General Statue 143-215.1, other lawful standards and regulations promulgated and adopted by -the North Carolina Environmental Management Commission, and the'Federal Water Pollution Control Act, as amended, ,, \ \ > r,/ i BRP�USInc. 1 is hereby author zed to d<ischarge stormwater from a facility located at )>IBRP US, Inc. .�j { 1/211 Greenwood Road1/' ' Spruce Pine, NC Mitchell County 1 to receiving waters designated as English Creek, a class C;Tr stream in the French Broad River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, 1I, 111, and IV hereof. Note: Draft Permit Dates are Approximate This permit shall become effective October 1, 2018. This permit and the authorization to discharge shall expire at midnight on September 30, 2023. Signed this day September 30, 2018. for William E. (Toby) Vinson Jr., P.E., CPESC, CPM, Interim Director nh Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission E • Q W . TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map Permit No. NCS000093 DRAFT PART II MONITORING, CONTROLS, AND LIMITATIONS -FOR PERMITTED DISCHARGES % Section A: Starmwater Pollution Prevention P an Section B: Analytical Monitoring Regquiirr•6ffeents Section C: Qualitative Monitoring Re" qu" irem ets Section D: Special Conditions n 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 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports 11. Onshore or Offshore Construction 12. Duty to Reapply i • Permit No. NCS000093 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 1. Proper Operation and Mainte nance 2. Need to Halt or Reduce Not a -Defense 3. Bypassing of Stormwater Control -Facilities Section D: Monitoring and Records 1. Representative Sampling nf� 2. Recordittg Results 3. Flow Measurements 4. Test �� oced }rest S. Representative Outfall 6. Records -Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS 1 ii • 0 T" v PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE Permit No. NCS000093 DRAFT 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 precip tation or runoff as described in 40 CFR §122.26(g), the facility may qualify for aAb Exposure Exclusion from NPDES stormwater discharge permit requirements. Any(ed"wner`or,oper for wishing to obtain a No Exposure Exclusion must submit a No Exposure Certification Notice of Intent (N0I) form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must recertify the No Exposure Exclusion annually. f�/\ '% SECTION B: PERMITTED ACTIVITIES Until this permit expires or is,modi\\ revoked, the permittee is authorized to discharge stormwater to the surface waters of�North Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this permit. All stormwater 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. Page - 1 e e r � SECTIONi C: LOCATION MAP Permit No. NCS000093 DRAFT J Nr.RF� ',� Latitude: 35' 54' 35" N NCS000093 Facility Longitude: 82' 05' 30" W R County: Mitchell BRP US Inc. Location Stream Class: C: Tr Receiving Stream: English Creek Sub -basin: 04-03-06 (french Broad Ricer Basin) 44 otth Not to Scale Page - 2 Permit No. NCS000093 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 1I1, 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 P rovide Va�/descripti�o�nof the physical facility and the potential pollutant sources that may bye expected to contribute to contamination of stormwater discharges.,-T �� it,`eOverview 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 which the stormwater outfalls discharge, or if the discharge,is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the,points of stormwater discharge associated with industrial activity. The generablocation map (or alternatively the site map) shall identify whether any receiving waters are impaired (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. Page - 3 f . f 0 s Permit No. NCS000093 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 Ili, 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 to eliminate or reduce exposure of materials and processes to rainfall and run on &Ows. 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, this review shall document.the feasibility of diverting the stormwater run-on away from areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage ofiliadid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; nd storage in any amount of hazardous substances in order to prevent leaks and spills"from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism). 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 bulk 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 Page - 4 • 0 4W Permit No. NCS000093 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 stormwaterunoff 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 Maintenancesand Good,Housekeeping Program. A preventative 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 idfadjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and -re loading 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 11 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 Page - 5 r V k r1 LJ 0 Permit No. NCS000093 DRAFT personnel 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 an 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) an updated list ofsignificantspill�or le`bkof pollutants for the previous three (3) years, or the notation that no'spills-have occurred (element of the Site Overview); 'Ilrll'� 1 (b) a written re-cererfrcation that the-stormwoter outfalls have been evaluated for the presence of non stormwater discharges (element of the Site Overview); (c) a documented re evaluation`of the effectiveness of the on -site stormwater BMPs (BMP Summary element of the Stormwater Management Strategy). (d) a review and comparison of sample analytical data to benchmark values (if applicable) rover -the past year, including a discussion about Tiered Response status. The permittee shall use the Division's Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater Permitting Program's website (See: https:Hdeq.nc.gov/about/divisions/energy-mineral-land- resourceslnpdes-stormwater-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 Ill, 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. Page - 6 CJ • Y or SECTION B: ANALYTICAL MONITORING REQUIREMENTS Permit No. NCS000093 DRAFT 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 Recional Engineer. See. Definitions. The permittee shall compare monitoring results to.the,benchmark values in Table 1. Exceedances of benchmark values require the permitteee 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, Tier Two, and Tier Three response actions below. 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. l � The benchmark values in Table 1 a fe 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. Please note that the parameters in the last two rows in Table 1 (non -polar oil and grease and new motor oil usage) are only required for outfalls that discharge runoff from vehicle or equipment maintenance areas in which more than 55 gallons of new motor oil and/or hydraulic oil per month is used when averaged over the calendar year. Table 1. Analytical Monitoring Requirements Parameter Discharge Measurement Sample Sample Bench - Code Characteristics Units Fre uen 1 TypeZ Location3 mark C0530 Total Suspended Solids (TSS) mg/L semi-annual Grab SDO 50 HQW, ORW, Tr and PNA 400 pH standard semi-annual Grab SDO 6-9 1105 Total Recoverable Aluminum Al m L semi-annual 46529 Total Rainfall4 inches semi-annual Rain Gauge - Non -Polar Oil & Grease by EPA 552 Method 1664 (SGT-HEM) for mg/L semi-annual Grab SDO 15 outfalls with vehicle/equipment maintenance activities$ New Motor Oil Usage Gallons/ -- for outfalls with vehicle/ month semi-annual Estimate - e ui ment maintenance activities5 Page - 7 • e Permit No. NCS000093 DRAFT Footnotes: 1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly sampling) during a measureable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded, 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 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. �� ��\ /7 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. "I\1 5 This parameter is only required for outfalls that dischargerunoff from vehicle / equipment maintenance areas in which more than 55 gallons of new motor oil per.month is used when averaged over the calendar year. , 41 The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless.adverseaveather 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 an he•DMR. The permittee must report the results from each sample taken within the monitoring period (see Part I11, Section E). However, for purposes 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. Oh' 11 Table 2. t'1 . Monitoring Schedule Semi -Annual Monitoring Eventsl,z Start Date (All Years)3 End Date (All Years)3 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 renewal process, even if a renewal permit is not issued until after expiration 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 terms may result in the Division requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an Page - 8 0 - 0 1' W l Permit No. NCS000093 DRAFT outfall during a monitoring period does not constitute failure to monitor, as long as it is properly recorded and reported. Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedance. 3. Identify potential, and select the specific feasible: source controlOoperational controls, or physical improvements to reduce concentrations of the parameters of concern, and/or to -bring concentrations within the benchmark range. �the �4. Implement the selected feasible actions within two months oinspection. 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 separately trieeer a tiered response. Tier Two If: The first valid sampling results from-tw&consecuiive 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 actionsouutlined above in Tier One. 2. Immediately institute monthly monitoring and reporting for allyaram The permittee shall conduct monthly monitoring 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 benchmark range. 3. if no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Alternatively, in lieu of steps 2 and 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 response actions on the part of the permittee as provided in Tier Three, including reduced or additional sampling parameters or frequency. 5. 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_ Page - 9 m r 1 L_J SECTION C: QUALITATIVE MONITORING REQUIREMENTS Permit No. NCS000093 DRAFT The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and identify new potential sources 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 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 per the Qua] itative'Momtoring.Response, below). Inability to monitor because of adverse weather conditions m/st 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 not at a.star� water discharge outfall, the permittee shall document the suspected,cause.,of the condition and any actions taken in response to the discovery. This documentation,willbemaintained with the SPPP. Table 6. Qualitative/Monitoring Requirements Discharge Characteristics Frequencyl Monitoring Location? Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 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. Page - 10 • • 6.. . Permit No. NCS000093 DRAFT 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 written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. litative Monito Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential sources of stormwater pollution, and prompti g the,permittee's response to pollution. If the permittee repeatedly fails to respond effectively to,correct problems identified by qualitative monitoring, or if the discharge causes or contributes to~a water quality standard violation, the Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for some or all parameters (analytical or qualitative) • require the permittee to install structural stormwater controls; • require the permittee to`implement other,stormwater control measures; • require the permittee to,peerformn pstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. SECTION D: 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 Electronic 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.) Signatory Requirements • Section D. (6.) Records Retention • Section E. (1.) Discharge Monitoring Reports • Section E. (2.) Submitting Reports 1. Reporting Requirements [Supplements Section E. (I.) and Supersedes Section E. J�u 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 Page - I I Permit No. NC5000093 DRAFT 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 printed eDMR t�the following address: NC DEQ / Division of Water Resources / Wate(`Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center / Raleigh, North Carolina 27699-1617 If a permittee is unable to use the DMR�sys em�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 broadband5acc ss; then a temporary waiver from the NPDES electronic reporting requirements,may be granted and discharge monitoring data may be submitted on paper DMR forms or alternative forms approved by the Director. Duplicate signed copies shall besubmitted 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 5 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 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: hUp://deg.nc.gov/about/divisions/water-resources/edmr Page - 12 r W I Permit No. NCS000093 DRAFT 3. Si ng atory Requirements [SunnlejMents 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 111, Section B. (3.) (a) or by a duly authorized representative of that person as described in Part ill, Section B. (3.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the-eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the followingtweb �a e: ��� � (p g �/ Certification. Any person submitting an,electronic-DMR using the state's eDMR system shall make the following certification"[40 CFR 1,22.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: \` "I certify, under penalty of law, that tLisocument and all attachments were prepared it under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gath& and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering theJhformation, 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 f nes and imprison in en tfor knowing violations." 4. Records 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 122.411. Page - 13 e s Permit No. NCS000093 DRAFT PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time. The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of,this permit, shall be accomplished within 12 months of the effective date of the initial permit iss`uan� 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 1I, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operatidWof the industrial activity. Existing facilities previously permitted and applying for renewal: All requirements, conditions, limitations, and controls contained n-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•far this permit renewal 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 discharges from the operation of the industrial activity. Duty to Cum�ly The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.41]. 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 notyet been modified to incorporate the requirement (40 CFR 122,411, b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 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)1. c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 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 guider 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)]. Page - 14 , W , Permit No. NCS000093 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 thanAS 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 impr`isonment,of•not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii),ofthe 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 convictions [40 CFR 122.41(a)(2)]. f. Under state law, a civil penalty of not more than $25 000 per violation may be assessed against any person who violates or fails to actin accordance with the terms, conditions, or requirements of a permit [North Carolina General rStates §,143-215.6A]. g. Any person may be assessed•an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405.of this Act, or any permit condition or limitation implementing any of such es ctionsn a permit issued under section 402 of this Act. Administrative penalties for Class'I violations are not to exceed $20,628 per violation, with the maximum amount of any Class'I penalty assessed not to exceed $51,570. Penalties for Class 11 violations are not to exceed-$20,628 per day for each day during which the violation continues, with the maximumlamount of any Class II penalty not to exceed $257,848 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [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. 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)]. Page - 15 • 0 Permit No. NCS000093 DRAFT 7, 5everability 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 I 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��his permit [40 CFR 122.41(h)], 9. Penalties for Tampering ^ \ The Clean Water Act provides that any person who falsifies, tampers.w�th, 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 $I0,060,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 than $20,000 per day of violation, or by imprisonme t�6f not more than 4 years, or both [40 CFR 122.41]. 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 permit including -monitoring reports or reports of compliance or noncompliance shall, upon con ctionbe 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 [40 CFR 122.41). 11. Onshore or Offshore Con�tructio�" This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 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. Page - 16 • f�J Permit No. NCS000093 DRAFT 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)h.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(1)(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. Signatory 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 follow�� / (1) For a corporation: by a responsible corporate of6c" er. For -the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functibris for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit�onimplicit duty of making major capital investment recommendations, -and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate infor►natio i for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or-----, (3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22). b. All reports required by the 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]. Page - 17 0 0 4, S. 1.1 Permit No. NCS000093 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 122.221. 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 orsupervision in accordance with o 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 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 imprisonment for knowing violations. " 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/' -Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. 1\ Permit Actions Z ` The permit may be modified, revoked and -reissued �or terminated for cause. The notification of planned changes or anticipated noncompliance'does not stay any permit condition [40 CFR 122.41(f)]. 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) n a�y`ause_the Division to initiate action to revoke the permit. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operatic and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this 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 Page - 18 Permit No. NCS000093 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 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall.be performed during a measureable storm event. Samples shall be taken on a day and time thatris,cli racteristic of the discharge. All samples shall be taken before the discharge joins ors s dil t d 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 [4f? CF.R'122.41(j)]. 2. Recording Results For each measurement or sample taken pursuantlto the requirements of this permit, the permittee shall record the following information [40 CFR 122:41]� a. The date, exact place, and time of sampling/or measurements; i/ l "�/ . b. The individual(s) who performed -the sampling or measurements; c. The date(s) analyses were erfr\ed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Flow Measurements Where required, appropriate now measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this 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. 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 outfalis. Page - 19 -a i 0 . 0 Permit No. NCS000093 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 122.411. / Inspection and Entry The permittee shall allow the Director, or an a horized-r presentative (including an authorized contractor acting as a representative of the Director); or in.the case of a facility which discharges it �. through a municipal separate storm sewer system,. an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as maybe 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 permit; v b. Have access to and copy, -at reasonable times, any records that must be kept under the conditions of this permit; �/� 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 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:Hdeq.nc.goy/aboutldivisions/energy- niiiieral-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 02B .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(l)], Page - 20 • • d, Permit No. NCS000093 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,27699,1 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. ca cordance'with the terms of this permit shall be available for public inspection at the offices of the DlVlsion./AS required by the Act, analytical data i/ ) �i shall not be considered confidential. Knowing] making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6E or in Section 309 of the Federal Act. 4. Non-Stormwater Discharge C If the storm event monitored in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in the permit or subject to notification 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(l)(2)]. 7. Spills The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part IV 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. Bypass Notice [40 CFR 122.41(m)(3)]: 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 . b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Page - 21 0 • Permit No. NCS000093 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 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 [40 CFR 122.41(1)(6)]. �� b. The Director may waive the written report on a,ca � by case basis for reports under this section if the oral report has been received within 24 A rs\ C. Occurrences outside normal business hours.may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858.03.68 or (919) 733-3300. 10. Other Noncompliance �� The permittee shall report all instances{ f noncompliance not reported under 24 hour reporting at the time monitoring reports are.submi\ttedd[[40 CFR 122.41(1)(7)]. 11. Other Information ��\�/ Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted, incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. Page - 22 • PART IV DEFINITIONS Act See Clean Water Act. 1 . • .. NCS000093 DRAFT PERMIT 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 sampling schedule. Adverse events and failures to monitor must also be explained and reporfted on the relevant�DMR. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. H allowed in the stormwater conveyance system n a. All other discharges that are authorized by b. Uncontaminated groundwater, foundation d chemicals, springs, discharges of uncontami flushings, water from footing drains, flows fi c. Discharges resulting from fir _fighting or -fir tormwater discharges which shall be se: stormwater NPDES permit. s, air -conditioner condensate without added d potable water, waterline and fire hydrant riparian habitats and wetlands. hting training, or emergency shower or eye wash as a result of use in.the event of an emergency. 4. Best Management Practices'(B Measures or practices used to reduceihe amount of pollution entering surface waters. BM Ps may take the form of a process, activity; or physical structure. More information on BMPs can be found at: S. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, 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. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. • LI 11. EMC The North Carolina Environmental Management Commission. Permit No. NCS000093 DRAFT 12. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. 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. 15. Measureable Storm Event \\ A storm event that results in an actual discharge-from.the permitted site outfall. The previous measurable storm event must have been at,leas t72,hou s prior. The 72-hour storm interval may not apply if the permittee is able to document that,a shorter interval is representative for local storm r 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'Regional Office, a written approval letter must be kept on site in the permittee's SPPP. % 16. Municipal Separate Storm Sewer System (MS41 A stormwater collection system within an incorporated area of local self-government such as a city or town. 17, No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, 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 Intent 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. Page - 24 • Permit No. NCS000093 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 Prioritv Chemical A chemical or chemical category which: a. is listed in 40 CFR 372.65 pursuant to Section 313 of Title,lll of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; �( b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements, and\\ c. Meets at least one of the following criteria: \/ L Is listed in appendix D of 40 CFR part 122 on Table 11 (organic priority pollutants), Table Ill (certain metals, cyanides, and,phenols) or Table IV (certain toxic pollutants and hazardous substances); �� J ii. Is listed as a hazardous substance,p, ursuant to section 311(b)(2)(A) ofthe CWA at 40 CFR 116.4; or C \ <\, \ L-z iii. Is a pollutant for which EPA I as.published acute or chronic water quality criteria. 25. Severe Property Damage 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 26. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 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. Page - 25 • a . . } • Permit No. NCS000093 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 NPDFS 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 MaximurnDaily 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://deaTnc.gov/about/div_isions/water i•esources%plan"/niodeline- assessment/tm/lls/draft-and-approved-tmdls.-� 33. T xi_� c Pint ♦ , i Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 34. Vehicle Maintenance Activity Vehicle rehabilitation mechanical re` airs aintiri�ielin lubrication vehicle cleaning operations, ' t ♦ `P �' P g� g� g 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 StormwateK 35.Visible SedimentatioSolid particulate matter, oth mineral��and organic, that has been or is being transported by water, air, gravity, or ice fromNits.site of origin which can be seen with the unaided eye. 36. 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. Page - 26 Energy, Mineral and Land Resources ENVIRONMENTAL OVALETY September 18, 2018 Ms. Bernice Wilson BRP US Inc. 1211 Greenwood Road Spruce Pine, NC 28777 ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. Interim Director Subject: Draft NPDES Stormwater Permit Permit No. NCS000093 BRP US Inc. Mitchell County Dear Ms. Wilson: In response to your renewal application for continued coverage under NPDES stormwater permit NCS000093, the Division of Energy, Mineral and Land Resources is forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143- 215 .1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on July 25, 2018. On August 28, 2018 staff from our Asheville Regional Office conducted a site visit and inspection as part of the renewal process. Please continue to work with Isaiah Reed in our Ashville Regional Office to respond to the issues raised as part of this inspection. Please note that analytical and qualitative monitoring is required in this permit. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part 111, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering" and Item 10 "Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies or sampling requirements contained in this modification are unacceptable to you, then you have the right to file a petition for a contested case with the Office of Administrative Hearings within thirty (30) days following receipt of this letter. This petition must conform to the requirements of Chapter 150B of the North Carolina General Statutes. Petitions must be filed in a timely manner with the Office of Administrative Hearings, Post Office Drawer 11666, Raleigh, North Carolina 27604. If you do not file a petition within the required time, the agency decision shall be final and binding. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Senice Center 1 512 North Salisbury Street � Raleigh, NC 27699-1612 919 707 9200 7 NCS000093 Draft Permit Page 2 Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by this Division, or permits required by the Division of Water Resources, Coastal Area Management Act or any other federal, state or local governmental permit that may be required. If you have any questions or comments, please contact Bradley Bennett at (919) 707-3646 or at bradley.bennett(@ncdenr.gov. Sincerely, for William E. (Toby) Vinson, Jr., P.E., CPESC, CPM Interim Director cc: Sam Sampath, Ph.D., EPA Region IV, 61 Forsyth Street, Atlanta, GA 30303, Stan Aiken, DEMLR Asheville Regional Office - electronic Stormwater Permitting Program Attachments Permit no. NCS000093 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, BRP US, Inc. is hereby authorized to discharge stormwater from a facility located at BRP US, Inc. 1211 Greenwood Road Spruce Pine, NC Mitchell County to receiving waters designated as English Creek, a class C;Tr stream in the French Broad River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, I1, 111, and IV hereof. This permit shall become effective September 18, 2018. This permit and the authorization to discharge shall expire at midnight on August 31, 2023. Signed this day September 18, 2018. 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. NCS000093 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: Special Conditions 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 S. Oil and Hazardous Substance Liability b. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports 11. Onshore or Offshore Construction 12. Duty to Reapply 11 Permit No. NCS000093 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 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 S. 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 S. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS 11 Permit No. NCS000093 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 (NO[) form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must 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 of North Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this permit. All stormwater discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this 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. Page - 1 SECTION C: LOCATION MAP Permit No. NCS000093 Latitude: 35' 54' 35" N NCS000093 Facility -- Longitude: 82° 05' 30" W County: t'fitchell BRP US Inc. Location Stream Class: C: Tr Receiving Stream: English Creek Sub -basin: 04-03-06 (French Broad River Basin) ov0tt L /L Not to Scale Page - 2 Permit No. NCS000093 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 111, Standard Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum, the following items: 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 which the stormwater outfalls discharge, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the points of stormwater discharge associated with industrial activity. The general location map (or alternatively the site map) shall identify whether any receiving waters are impaired (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. Page-3 Permit No. NCS000093 (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 I11, 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 to eliminate or reduce exposure of materials and processes to rainfall and run-on flows. 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, this review shall document the feasibility of diverting the stormwater run-on away from areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected 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). 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 bulk 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 Page - 4 Permit No. NCS000093 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 SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall address all stormwater control systems (if applicable), stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, 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. S. 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 11 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 Page - 5 Permit No. NCS000093 personnel 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) an updated list of significant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred (element of the Site Overview); (b) a written re -certification that the stormwater outfalls have been evaluated far the presence of non-stormwater discharges (element of the Site Overview); (c) a documented re-evaluation of the effectiveness of the on -site stormwater BM Ps (BMP Summary element of the Stormwater Management Strategy). (d) a review and comparison ofsample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status. The permittee shall use the Division's Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater Permitting Program's website (See: hops://decl.nc.gov/about/divisions/energy-mineral-land- resourceslnpdes-stormwater-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 I11, 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.. Page - 6 Permit No. NCS000093 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table.l. All analytical monitoring shall be performed during a measurable 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. The permittee shall compare monitoring results to the benchmark values in Table 1. 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. See below the descriptions of Tier One, Tier Two, and Tier Three response actions below. 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. The benchmark values in Table 1 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. Please note that the parameters in the last two rows in Table 1 (non -polar oil and grease and new motor oil usage) are only required for outfalls that discharge runoff from vehicle or equipment maintenance areas in which more than 55 gallons of new motor oil and/or hydraulic oil per month is used when averaged over the calendar year. Table 1. Analytical Monitoring Re uirements Parameter Discharge Measurement Sample Sample Bench - Code Characteristics Units Fre uenc 1 Type2 Location3 mark C0530 Total Suspended Solids (TSS) mg/L semi-annual Grab SDO 50 HQW, ORW, Tr and PNA 400 pH standard semi-annual Grab SDO 6-9 1105 Total Recoverable Aluminum(Al)m L semi-annual 46529 Total Rainfall4 inches semi-annual Rain Gauge - Non -Polar Oil & Grease by EPA 552 Method 1664 (SGT-HEM) for mg/L semi-annual Grab SDO 15 outfalls with vehicle/equipment maintenance activities New Motor Oil Usage Gallons/ -- for outfalls with vehicle/ month semi-annual Estimate -- equipment maintenance activities Page - 7 Permit No. NCS000093 Footnotes: 1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly sampling) during a measurable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. 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. Z 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 measurable 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. 5 This parameter is only required for outfalls that discharge runoff from vehicle / equipment maintenance areas in which more than 55 gallons of new motor oil per month is used when averaged over the calendar year. 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 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 Monitoring Events1,2 Start Date (Ail Years)3 End Date (All Years)3 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 renewal process, even if a renewal permit is not issued until after expiration of this permit. Z 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 terms may result in the Division requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an outfall during a monitoring period does not constitute failure to monitor, as long as it is properly recorded and reported. Page - 8 Permit No. NCS000093 Tier One If. The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value 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. S. Record each instance of a Tier One response in the SPPP, Include the date and value of the benchmark exceedance, 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 separately trigger a tiered response. Tier 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 above in Tier One. 2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall conduct monthly monitoring 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 benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Alternatively, in lieu of steps 2 and 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 response 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. 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. Page - 9 Permit No. NCS000093 SECTION C: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and identify new potential sources 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 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 per 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 Re uirements Discharge Characteristics Frequencyl Monitoring Location2 Color semi-annual SDO Odor semi-annual SDO Clari semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 Monitoring Frequency: Twice per year during a measurable 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. Page - 10 Permit No. NCS000093 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 written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. Qualitative Monitoring Response Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, the Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for some or all parameters (analytical or qualitative) • 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. SECTION D: 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 Electronic 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.) Signatory Requirements • Section D. (6.) Records Retention • Section E. (1.) Discharge Monitoring Reports • Section E. (2.) Submitting Reports 1. Reporting Requirements I'Supplements Section E. 1. and Supersedes Section E. I" 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 Page - 11 Permit No. NCS000093 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 printed 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 27699-1617 If a permittee is unable to use the eDMR system 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 DMR forms 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 5 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 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 fora temporary electronic reporting waiver are found on the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr Page - 12 Permit No. NCS000093 3. SignatoLry Requirements [Supplements Section B. 3. b and Supersedes Section B. (31(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 1II, Section B. (3.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: bttp:.Z/deq.nc.gov/about/divisions/water-resources edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "7 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 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 far submitting false information, including the possibility offines and imprisonment for knowing violations." 4. Records 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 anytime [40 CFR 122.411. Page - 13 Permit No. NCS000093 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, 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 I1, 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 renewal 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 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. 2. auty to Comply The permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.41]. 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 405 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 405 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)]. Page - 14 Permit No. NCS000093 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 convictions [40 CFR 122.41(a)(2)]. f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit [North Carolina General Statutes § 143-215.6A]. g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $20,628 per violation, with the maximum amount of any Class I penalty assessed not to exceed $S 1,570. Penalties for Class II violations are not to exceed $20,628 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $257,848 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil and Criminal Liability Except as provided in Part I11, 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)]. Page - 15 Permit No. NCS000093 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-231. 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 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 than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 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 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 [40 CFR 122,411, 11. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. SECTION B: GENERAL CONDITIONS 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 §143-21S.36 and 33 USC 1251 et. seq. Page - 16 Permit No. NCS000093 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(1)(3), 122.611 or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory 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 business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, 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 with environmental 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 assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.221. b. All reports required by the 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 122.221. 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 122.221. Page - 17 Permit No. NCS000093 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: '7 certify, under penaltyof law, that this document and all attachments were prepared under my direction orsupervision 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 far submitting false information, including the possibility offines and imprisonmentfor 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, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. S. 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 permit condition [40 CFR 122.41(f)], 6. Annual Administering and Compliance Monitoring Fee Requirements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(2) may cause the Division to initiate action to revoke the permit. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this 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)]. 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 permit [40 CFR 122.41 Cc)]. 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 Page - 18 Permit No. NCS000093 c. The permittee submitted notices as required under, Part 111, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measurable 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 of this 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; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this 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. 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. Page - 19 Permit No. NCS000093 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 S 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 122.411. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to: a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; 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 Discharge Monitorine Renorts 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://deg.nc.gov/about/divisions/energy- mineral-land-resources/nudes-st.orni water -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)]. Page - 20 Permit No. NCS000093 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 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 required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act, 4. Non-Stormwater Discharges If the storm event monitored in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in the permit or subject to notification 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. spills 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 2S gallons that cannot be cleaned up within 24 hours. 8. mass 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 . b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Page - 21 Permit No. NCS000093 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 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 [40 CFR 122.41(l) (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) 858-0368 or (919) 733-3300. 10. 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)]. 11. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1) (8)]. Page - 22 Permit no. NCS000093 PART IV DEFINITIONS Act See Clean Water Act_ 2. 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 sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant DMR. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. However, non-stormwater discharges which shall be allowed in the stormwater conveyance system include: 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, or emergency shower or eye wash as a result of use in the event of an emergency. 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. More information on BMPs can be found at: htt .j www.epa.goovv/npdes/national-menu„ est _rnanagemgnt-practices-bmps-stormwater#edu. 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, 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. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. Permit No. NCS000093 11. EMC The North Carolina Environmental Management Commission. 12. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act 14. 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. 1s. Measurable Storm Event 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 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 Regional Office, a written approval letter must be kept on site in the permittee's SPPP. 16. Municipal Separate Storm Sewer System (MS4] A stormwater collection system within an incorporated area of local self-government such as a city or town. 17. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, 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 Intent 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. Page - 24 Permit No. NCS000093 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 present at or above threshold levels at a facility subject to SARA title 111, Section 313 reporting requirements; and c. Meets at least one of the following criteria: i. Is listed in appendix D of 40 CFR part 122 on Table I1 (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain 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 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. 26. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 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 (SDO1 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. Page - 25 Permit No. NCS000093 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 CTMDLI 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 TM DLs for the state of North Carolina can be found at https://deg.ncgov/about/divisions/water-resources f nlanning/modeling- assessment/tmd lsld raft -a nd-approved-tmd Is. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water 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. 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 origin which can be seen with the unaided eye. 36. 25-year. 24 hour Storm Event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 2S years. Page - 26 Bennett, Bradley From: Reed, Isaiah L Sent: Wednesday, September 05, 2018 11:03 AM To: Bennett, Bradley; Georgoulias, Bethany; Aiken, Stan E Subject: Individual permit inspection for BRO Inc. Bradley, Below is the language used in the inspection report I am sending out today concerning BRP Inc. in Spruce Pine. ************ On August 28, 2018 this facility was inspected for compliance. I met with Bernice Wilson and others on site. The facility was also inspected to confirm applicability of pending individual permit renewal. During the inspection, the following items were noted: 1) An area was observed outside the facility which was being used to store a large number of steel cages. After inquiry, it was explained that these cages hold aluminum parts for a washing/drying process. The permitee is directed to confirm that these cages do not present any opportunity to expose any chemicals to precipitation when stored outside after use. The permitee is also directed to provide a written summary of the industrial process associated with these cages to the regional office. 2) A chemical storage area was observed at the facility containing a large number of used chemical drums. Due to the total storage volume of these containers, this area must be under secondary containment to be in compliance with the permit. The permitee is directed to immediately begin the process of designing and implementing secondary containment for the chemical storage area. Isaiah L. 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'♦4: -'. -\' \ _. _._ --L - - i i _ i le,. \ - _ \ - -- - _ r - —. - "'" �' -- \ _ r� - • -. � __ -._. ., _. '- ram- -, Y __.— . F' --.- _.... .._ -._ _.__-- s - ' - - - --- - - _-- -- ..._---__..- _... ._ - . - _.__ r,-- ... _ _i .. k ...-. _ ... ..__ .. -,.- �, w - p s I 11 . ..", : - c7l; t e' i Ym+ .s : "�_ " j :' - �<i� l 1 c ,.� 1 C._". 3° m-4 �••_ .: ,�::.:�, S Q 4 1 's w l Central Files: APS ` SWP _ 9/18/2018 Permit Number NCS000093 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 SWRule Permitted Flow 0 Facility Permit Contact Affiliation Roger Crawford 200 Sea Horse Or Waukegan IL 60085 Facility Name MajorlMInor Region BRP US, Inc. Minor Asheville Location Address County 1211 Greenwood Rd Mitchell Facility Contact Affiliation Spruce Pine NC 28777 Bernice Wilson 8 Environment Health Safety 1211 Greenwood Rd Owner Spruce Pine HC 28777 Owner Name Owner Type BRP US, Inc. Nan -Government Owner Affiliation Henry Street 1211 Greenwood Rd Dates/Events Spruce Pine NC 28777 Scheduled Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 8/31/1994 10/27/2014 7/17/2018 7/29/2018 9/18/2018 9/18/2018 8/31/2023 Regulated Activities Requested /Received Events Stormwater (activities not covered) Region comments on draft requested 7125118 Region comments on draft received 915118 Outfall 001 Waterbody Name English Creek Stream[ndex Number 7-2-42 Current Class Subbasin C;Tr 04-03-06 ROY COOPER trnr: rnn:' f z- Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY July 25, 2018 Ms. Bernice Wilson BRP US Inc. 1211 Greenwood Road Spruce Pine, NC 28777 MICHAEL S. REGAN WILLIAM E. (TOBY) VINSON. JR. 0� of" ITU t--�r� Subject. Draft NPDES Stormwater Permit Permit No. NC5000346 Insteel Wire Products / Surry County Dear Ms. Ellis: 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: 1. You are required to collect analytical and qualitative monitoring samples during "measurable storm events" as defined in Part EI, Section B. This term is different from the "representative storm event" in earlier permits. 2. Requirements for the Stormwater Pollution Plan (SPPP) have been updated in Part II, Section A. 3. Monitoring requirements in the draft permit have changed slightly from the previous permit. Monitoring is proposed for Total Suspended Solids (TSS), Total Recoverable Aluminum (Al), and pH. These are the same parameters as monitored in your previous permit. Stormwater benchmarks remain in the permit as before. There is one change in your benchmark numbers. Your facility discharges to Trout waters. The benchmark for TSS in these waters is 50 mg/L. This was incorrectly set at the standard 100 mg/L in your previous permit. 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 Enviranmenial Quality, I Enerby. Mineral and Land Resources 1612 Mail Senice Center 1 S 12 North Salisbury Street I Raleigh, NC 27699-1612 919 707 9200 T NCS000093 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 notjust•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. S. Language has been added under Part II 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 maybe emailed tome at brad ley•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, Bradley Bennett Stormwater Permitting Program Attachment: Draft Permit NCS000093 cc: Stan Aiken, DEMLR Asheville Regional Office —via email Stormwater Permitting Program Files NCS000093 DRAFT PERMIT STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, is hereby authorized stormwater from a facility located at 'V BRP US, Inc. 11 Greenwood Road Spruce Pine, NC Mitchell County to receiving waters designated as English Creek, a class C;Tr stream in the French Broad River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. Note: Draft Permit Dates are Approximate This permit shall become effective October 1, 2018. This permit and the authorization to discharge shall expire at midnight on September 30, 2023. Signed this day September 30, 2018. 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. NC5000093 DRAFT TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map A PART 11 MONITORING, CONTROLS, AND LIMITATIONS -FOR PERMITTED DISCHARGES % Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirem Section C: Qualitative Monitoring Requirements Section D: Special Conditions �n PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance•andLiability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability b. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports 11. Onshore or Offshore Construction 12. Duty to Reapply 8 Permit No. NCS000093 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 Polluti nC Controls 1. Proper Operation and Mainte is ce 2. Need to Halt or Reduce Not a -Defense 3. Bypassing of Stormwater Control•Facilities Section D: Monitoring and Records / 1. Representative Samr)IinLj 2. Recording Results 3. Flow M ) ur e 4. TestProced ures S. Representative Outfall 6. Records -Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS ii Permit No. NCS000093 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 (NOI) form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NP1 ES s armwater permit; and must recertify the No Exposure Exclusion annually. // � �Y SECTION B: PERMITTED ACTI Until this permit expires or is modifiecl,o�/revoked, the permittee is authorized to discharge stormwater to the surface waters of)North Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this permit. All stormwater discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this 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. Page - 1 SECTION C: LOCATION MAP Permit No. NCS000093 DRAFT Latitude: 35' 54' 35" N NCS000093 Longitude: 82° 05' 30" W County: 'Mitchell BRP US Inc. Stream Class: C: Tr Receiving Stream: English Creek Sub -basin: 04-03-06 (French Broad River Basin) Facility R Location effD'tth Not to Scale Page - 2 Permit No. NCS000093 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 SPPPshall include, at a minimum, the following items: I. Site Overview. The Site Overview shall provide a,description of the physical facility and the potential pollutant sources that mayrbe expected to contribute to 11 contamination of stormwater discharges fThe Site Overview shall contain the following: (a) A general location map (USGS quadraogl ffiap 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 which the stormwater outfalls discharge, or if the discharge,is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the points of stormwater discharge associated with industrial activity. The generallo cation map (or alternatively the site map) shall identify whether any receivingwaters are impaired (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. Page - 3 Permit No. NCS000093 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 to eliminate or reduce exposure of materials and processes to rainfall and —run-on flows. Wherever practical, the permittee shall prevent exposure of all rage areas, material handling operations, and manufacturing or fueling operations. In�areas where elimination of exposure is not practical, this review shall documer t16 feasibility of diverting the stormwater run-on away from areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage ofiliquid materials. storage in any amount of Section 313 of Title III of the Superfund Mriendments and Reauthorization Act (SARA) water priority chemicals and -storage in any amount of hazardous substances, in order to prevent leaks and spills -from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be,secured closed with a locking mechanism). 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 (S) 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 bulk 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 Page - 4 Permit No. NCS000093 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 operationsxThe SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Cont�l'and'Countermeasure plan (SPCC) may be a component of the SPRP, but may notbe sufficient to completely address the stormwater aspects of the SPRP. The, y common elements of the SPCC with the SPRP may be incorporated by reference into the�SPRP� 4. Preventative Maintenanc�e,and oG od,Housekeeping Program. A preventative 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'adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and'unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, 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 II 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 Page - 5 Permit No. NCS000093 DRAFT personnel 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. B. 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 annuahbasis. The annual update shall include: �� (a) an updated list of significant spills or 1 aks of pollutants for the previous three (3) years, or the notation that no spills"have occurred (element of the Site Overview); ��� / (b) a written re -certification that the�stormwater outfalls have been evaluated for the presence of non-stormwater discharges (element of the Site Overview); (c) a documented re. -evaluation of the effectiveness of the on -site stormwater BMPs (BMP Summary element of the Stormwater Management Strategy). (d) a review, and�comparison of sample analytical data to benchmark values (if applicable) over_the past year, including a discussion about Tiered Response status. The permittee shall use the Division's Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater Permitting Program's website (See: https://de .nc.pov/about/divisions/energy-mineral-land= resources/npdes-stormwater-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 111, 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. Page - 6 Permit No. NCS000093 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 permittees 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,Defrnitions. The permittee shall compare monitoring results td.the•benchmark values in Table 1. 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. See/below the -descriptions of Tier One, Tier Two, and Tier Three response actions below. Intheevent, that the Division releases the permittee from continued monthly monitoring'and reportinfg 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. The benchmark values in Ta 1 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. Please note that the parameters in the last two rows in Table 1 (non -polar oil and grease and new motor oil usage) are only required for outfalls that discharge runoff from vehicle or equipment maintenance areas in which more than SS gallons of new motor oil and/or hydraulic oil per month is used when averaged over the calendar year. Table 1. Analytical Monitoring Requirements Parameter Discharge Measurement Sample Sample Bench - Code Characteristics Units Fre uenc 1 Type2 Location3 mark C0530 Total Suspended Solids (TSS) mg/L semi-annual Grab SDO 50 H W, ORW, Tr and PNA 400 pH standard semi-annual Grab SDO 6-9 1105 Total Recoverable Aluminum CAI m L semi-annual 46529 Total Rainfa114 inches semi-annual Rain Gauge - Non -Polar Oil & Grease by EPA 552 Method 1664 (SGT-HEM) for mg/L semi-annual Grab SDO 15 outfalls with vehicle/equipment maintenance activities5 New Motor Oil Usage Gallons/ -- for outfalls with vehicle/ month Semi-annual Estimate -- equipment maintenance activities5 Page - 7 Permit No. NCS000093 DRAFT EQotnotes: 1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly sampling) during a measureable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. 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 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. /� ��� /7 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. 5 This parameter is only required for outfalls that discharge runoff from vehicle /equipment maintenance areas in which more than 55 gallons of new motor oil per,month is used when averaged over the calendar year. 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)- S\ampling 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 II1, Section E). However, for purposes 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 Monitoring Events',? Start Date (All Years)3 End Date (All Years)3 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 renewal process, even if a renewal permit is not issued until after expiration 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 terms may result in the Division requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an Page-8 Permit No. NCS000093 DRAFT outfall during a monitoring period does not constitute failure to monitor, as long as it is properly recorded and reported. Tier One If. The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at an 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 tb,bring concentrations within the benchmark range. 4. Implement the selected feasible actions within two monthsof the inspection. S. 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 paramete rigger a tiered res onse. Tier Two If. The first valid sampling results from two.coniecutive 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; " v Then: The permittee shall: 1 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall conduct monthly monitoring 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 benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Alternatively, in lieu of steps 2 and 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 response 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. 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 recei t of the fourth anal cal 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. Page - 9 Permit No. NCS000093 DRAFT SECTION C: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and identify new potential sources 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 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 per the Qualitative`Moriitoring.Response, below). Inability to monitor because of adverse weather conditions must be documented in the SPPP and recorded on the Qualitative Monitoring Report form.( ee 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 ca se,of the condition and any actions taken in response to the discovery. This documentatiomwlll,v aintained with the SPPP. Table 6. Qualitative,Monitoring Requirements Discharge Characteristics Frequencyl Monitoring Location2 Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 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. Page - 10 Permit No. NCS000093 DRAFT 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 written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. Qualitative monitoring is for the purposes of evaluating SP.PP effectiveness, identifying new potential sources of stormwater pollution, and prompting the-permittee's response to pollution. If the permittee repeatedly fails to respond effectively to:correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, the Division may but is not limited to: �� require that the permittee revise, increase nr�decrease the monitoring frequency for some or all parameters (analytical or qualitative) � • require the permittee to install structural stormwater controls; • require the permittee to'implement othe sr tormwater 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. SECTION D: 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 Electronic 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 far NPDES Permits): • Section B. (3.) Signatory Requirements • Section D. (6.) Records Retention • Section E. (1.) Discharge Monitoring Reports • Section E. (2.) Submitting Reports 1. Reporting Requirements [upplements Section E. _(1.) and Supersedes Section E. L" 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 Page - 11 Permit No. NCS000093 DRAFT 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 printed a/DMR t�� following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 2/ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located inan-areawhere 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 DMR forms 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 Elonic 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 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: /1decnc.gov/about/divisions/water-resources/edmr Page - 12 Permit No. NCS000093 DRAFT 3. Signatory Requirements fSuonlements Section B. (3.) (bl, and Suaersedes Section B. (3.1 f d 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 I11, Section B. (3.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the,eDMR system. For more information on North Carolina's eDMR system,,registering for eDMR and obtaining an eDMR user account, please visit the following ,wi b page \ Certification. Any person submitting an%electroni&-DMR using the state's eDMR system shall make the following certification'[40 CFR12.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7certify, under penalty of law, this document and all attachments were prepared under my direction orsupervision 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 perssonns,who manage the system, or those persons directly responsible forgathering the,ihformation, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Records Retention [Supplements Section D. fi.n 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]. Page - 13 Permit No. NCS000093 DRAFT PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on ari annual basis. Secondary containment, as specified in Part I1, Section A, Paragraph 2(b) of -this permit, shall be accomplished within 12 months of the effective date of the initial + permitfissuance.� l\u(\ New Facilities applying for coverage for the firsttime:,,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 I1, Section A, Paragraph 2 (b) of this permit shall 'be accomplished prior to the beginning of stormwater discharges from the operatiioon(of/the industrial activity. N /� I Existing facilities previouslypermitted 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 renewal 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 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. 2. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.41]. 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 405 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 405 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)]. Page - 14 Permit No. NCS000093 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 thanA5 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 irrprisonment.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 11 can be fined up to $2,000,000 for second or subsequenvictions [40 CFR 122.41(a)(2)]. f. Under state law, a civil penalty of not more $25,000 per violation may be assessed against any person who violates or fails to act'in accordance with the terms, conditions, or requirements of a permit [North Carolina Genera].Statute-s-§§,143-215.6A]. g. Any person may be asset ssed.an ad ministrtratiive penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or405•of this Act, or any permit condition or limitation implementing any of such sections -in a permit issued under section 402 of this Act. Administrative penalties for Class'I violations are not to exceed $20,628 per violation, with the maximum amount �oflany Class I penalty assessed not to exceed $51,570. Penalties for Class I1 violations are not to exceed,$20,628 per day for each day during which the violation continues, with the maximumlamount of any Class II penalty not to exceed $257,848 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil and riminal 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. 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)]. Page - 15 Permit No. NCS000093 DRAFT 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 15013-23]. 8. Duty to Provide InforMatign 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 bythis 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 $10,060,per violation, or by imprisonment for not more than two years per violation, or by both. If a convictian 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 than $20,000 per day of violation, or by imprisonmentlof.not more than 4 years, or both [40 CFR 122.411. 10, Penalties for Falsification of Re orts� KI ��Ir The Clean Water Act provides,that any, person who knowingly makes any false statement, representation, or certification in anyrecord or other document submitted or required to be maintained under this permit including•monitoring reports or reports of compliance or noncompliance shall, upon,co wn ction 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 [40 CFR 122.41]. 11. Onshore or Offshore C ns ruction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. Day to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. SECTION B: GENERAL CONDITIONS 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. Page - 16 Permit No. NCS000093 DRAFT 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), 122.611 or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. S_gna aU 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 corpoiat`e'officer. For tfie purpose of this Section, a responsible corporate officer means: (a) a -president, secretary, treasurer or vice president of the corporation in charge of a principal -business function, or any other person who performs similar policy or decision making funct ons for the corporation, or (b) the manager of one or more manufacturing, production`or operating facilities, 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 with environmental 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 assigned or delegated to the manager in accordance with corporate procedures. / (2) For a partnership or -sole proprietorship: by a general partner or the proprietor, respectively; or�� (3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the 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]. Page - 17 Permit No. NCS000093 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 122.221. 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 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 imprisonment for knowing violations." 4. Permit Modification. Revocation and Reissuance. or Terminal The issuance of this permit does not prohibit the Peiznit 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; Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et a]. --\ \ % S. Permit Actions �r / The permit may be modified, revoked and-reissued,�or terminated for cause. The notification of planned changes or anticipated noncomplianced es not stay any permit condition [40 CFR 6. Annual Administering and C4mpI\i Momtormg 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 -thee Division to initiate action to revoke the permit. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper ration and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this 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 gf Stormwater C ntr 1 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 Page - 18 Permit No. NCS000093 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 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall,be performed during a 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 permitshall not be changed without notification to and approval of the Permit Issuing Authority [40 CF.R'122.410)]. 2. Record ng Results ��� For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information [40 CFR 122:41]: a. The date, exact place, and time of samplin /� measurements; ' b. The individual(s) who performed -the sampling or measurements; C. The date(s) analyses were performed; d. The individual(s) whop re farmed he analyses; e. The analytical techniques or methods used; and f. The results of such analvses. )J 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this 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 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. Page - 19 Permit No. NCS000093 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 oEat 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]. ! f ��� �/� 7. Inspection and Entry The permittee shall allow the Director, or an auth(4ed,representative (including an authorized contractor acting as a representative of the Director); or in,the case of a facility which discharges through a municipal separate storm sewer system; an authorized representative of a municipal operator or the separate storm sewer system receiving he discharge, upon the presentation of credentials and other documents as \1 may be required qui� d by law, to: a. Enter upon the permittee,s preen`iisees where as regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy; at reasonable times, any records that must be kept under the conditions of this permit; /� �� c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, oroperations 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 Discharge Monitori 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://deq.nc.gov/about/divisions/energy- mineral-land-re sourceslnpdes-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)]. Page - 20 Permit No. NCS000093 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. Submitting Re,pprts 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 2-7699-161.7 3. Availability of,Rgports 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 required by 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' pr vided for in NCGS 143-215.613 or in Section 309 of the Federal Act./ 4. Nan-Stormwater Discharggs\ If the storm event monitored ih accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the Stormwater discharge monitoring report. 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 notification 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. Snills The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part IV 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. mass Notice [40 CFR 122.41(m)(3)]: 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. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Page - 21 Permit No. NCS000093 DRAFT 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 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 [40 CFR b. The Director may waive the written report on a case-by^-ca`see basis of r reports under this section if the oral report has been received within 24 ttours' \�/ c. Occurrences outside normal business hours,may also bd'reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858 0368 or (919) 733-3300. 10. Other Noncompliance //� The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submi\ttedd[[40•CFR 122.41(1)(7)]. 11. Other information V Where the Permittee becomes aware that it failed to submit any relevant facts in a permit i,\, application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly sul mitsuch facts or information [40 CFR 122.41(1)(8)]. Page - 22 NCS000093 DRAFT PERMIT PART IV DEFINITIONS 1. Act See Clean Water Act. 2. 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 wea\thendoes not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported owthe �elevant)DMR. 3. Allowable Non-stormwater Discharges (�� This permit regulates stormwater discharges. However, non-stormwater discharges which shall be allowed in the stormwater conveyance system include: a. All other discharges that are authorized byanon-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,fro m�riparian habitats and wetlands. c. Discharges resulting from fire -fighting or -fire -fighting training, or emergency shower or eye wash as a result of use in.the event ofan emergency. 4. Best Management Practices Measures or practices used to redi ce-the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: h � �t R/%www.e pa.Eovjnnd�e�ational-menu-best-management-practices-burps-stormwater#edu. S. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Stage of LWuid 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. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. Permit No. NCS000093 DRAFT 11. �viC The North Carolina Environmental Management Commission. 12, Grab Sam ire 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. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. 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 inl ion well, ahazardous waste long-term storage facility or a surface storage facility. 15. Measureable Storm Event A storm event that results in an actual discharge.ffrom the permitted site outfall. The previous measurable storm event must have been at,least,72,hours�prior. The 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/ approval from the local DEMLR Regional Office. Two copies of this information add, ;writteWrequest.letter shall be sent to the local DEMLR Regional Office. After authorization` by the.DEML_ R,Regional Office, a written approval letter must be kept on site in the permittee's SPPP. 16. Municipal Separate Storm/S/ewer Syste\)m (M541 A stormwater collection system within an incorporated area of local self-government such as a city or town. 17. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, 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 Intent 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 IssuingAuthority 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. Page - 24 Permit No. NCS000093 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 Ch mic 1 A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title,111 of the Superfund Amendments and Reauthorization Act (SARA) of 1966, also titled the Emergency Planning and Community Right - to -Know Act of 1966; �� \ b. Is present at or above threshold levels at a facility subject to-SARA title III, Section 313 reporting requirements; and ��^ c. Meets at least one of the following criteria: �' \ i. Is listed in appendix D of 40 CFR part�122 on Table II (organic priority pollutants), Table III (certain metals, cyanides, and.phenols) or Table IV (certain toxic pollutants and hazardous substances); /� /� Lnto ii. Is listed as a hazardous substance p, ursusection 311(b)(2)(A) of the CWA at 40 CFR 116.4; or </\{ L� iii. Is a pollutant for which EPA has,published acute or chronic water quality criteria. 25. Severe PropertXDamag� 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 26. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 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). 2B. Stormwater Discharge Outfall CSDO) 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. Starmwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Page - 25 Permit No. NCS000093 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 maintainingiwater 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: jjdeq.nc.gov/aboutjdivisions/water �esourcp%blanningjmodeling_- asse$d entjti dn& /draft-and-approved-tmdls. 1n 33. Toxic Pollutant Any pollutant listed as toxic under Section 307{a)(I) of the Clean Water Act. 34. Vehicle Maintenance Activity J /� Vehicle rehabilitation, mechan ca `poi `, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. Forthe•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 stormwaterbOoth.mi 35. Visible_ Sedimentation Solid particulate matteral 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. 36. 25-year, 24 hour $torm Event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Page - 26 NC Division of Energy, Mineral and Land Resources Review for Permit Renewal — NC5000093 BRP US, Inc. Spruce Pine, NC • Facility Activities and Process - SIC 3365 — Aluminum Foundry. Facility makes headboards for boat engines. Lost foam casting facility producing engine parts. Lost foam — foam mold of part made, surrounded with sand, aluminum added in and foam is burned off leaving aluminum part. • Monitoring —The facility has been monitoring for T55, Al, and pH. Previous permit did have tier system. o Data from 2009 — 2016 shows only two exceedances of the Al benchmark. The TSS benchmark in the previous permit was not correct. Since the facility drains to Trout waters the benchmark should have been 50 mg/L not 100. Data still did not exceed the 50 value. o TS5 and pH are base parameters for ongoing evaluation of activities so these should remain in the permit o Al should also remain. There have been two exceedances of the benchmark, but this is an aluminum foundry so obviously this is a key parameter to evaluate. o Parameters remaining in the permit —TSS, Al, pH. o Tier structure adjusted to have the three levels as in current permits. o Parameter codes added to permit. o Previous permit only required monitoring at one of the six outfalls. Only one with industrial activitiy. May want to get ARO to confirm. • Discussion with Facility - Email to company contacts on 6/19/18 to start renewal discussions (Bernice Wilson) — Call set up for 7/9/2018 -> No process changes at the facility. Have added three storage containers — self contained storage. Will work to summarize data for last few years and will email it to us. • Surface Water Information - Facility drains to English Creek 7-2-42 in the French Broad River Basin, a class C; Tr stream. ** note Tr so lower T55 benchmark. 2016 Assessment Report does not list any impairments for English Creek but does list a portion of North Toe as impaired for turbidity. English Creek travels over a mile to N. Toe River. • NC National Heritage review — NHP report shows no aquatic resources of concern within project area. Within one mile there is one species — 5harphead Darter- that is state threatened (not federal) but the occurrence rank is E — not enough data to establish viability. Waters where this habitat appears to exist is the North Toe River which is over a mile from the facility discharge. Again, the facility drains to a UT that then drains to North Toe. Does not appear to be a potential impact from this facility. • Regional Office Information - ARO — Draft permit to ARO by email on 7/25/2018. Isaiah Reed inspected facility on 8/28/2018, Inspection report in files points out a few areas noted in inspection — area used to store metal cages for washing and drying and chemical storage area without secondary containment. Note these items in final permit cover letter and direct to Isaiah in addressing these. .t s. North Carolina Department of Natural and Cultural Resources Natural Heritage Program Govemor Roy Cooper Secretary Susi H. Hamilton June 19, 2018 Bradley Bennett NCDEQ 512 N. Salisbury Street Raleigh, NC 27604 RE: BRP US Inc - Spruce Pine NC; NCS000093 Dear Bradley Bennett: N C N H DE-6288 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database, indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. 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. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https alwww.fws.govloffices/Directo rylListOffices.cfm?statecod a=37. 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. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are 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 rod ney.butlerQncdcr. gov or 919-707-8603. Sincerely, NC Natural Heritage Program MAILING ADDRESS: Telephone- (919) 707-8107 LOCATION: 1651 Mall Service Center www.ncnhp.org 121 West Jones Street Raleigh, NC 27699-1651 Raleigh, NC 27603 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area BRP US Inc - Spruce Pine NC Project No. NCS000093 June 19, 2018 N C N H DE-6288 Element Occurrences Documented Within a One -mile Radius of the Project Area )Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank Amphibian 5832 Cryptobranchus Eastern Hellbender 2016-07-11 B 3-Medium Species of Special G3G4T S3 alleganiensis Concern Concern 2 alleganiensis Dragonfly or 33446 Calopteryx amata Superb Jewelwing 2004-Pre H? 5-Very --- Significantly G4 Damselfly Low Rare Freshwater Fish 15461 Etheostoma acuticeps Sharphead Darter 2009-02-28 E 3-Medium Species of Threatened G3 Concern Natural 34328 Montane Oak --Hickory --- 2015-09-24 B 3-Medium --- --- G3 Community Forest (Basic Subtype) Reptile 6308 Crotalus horridus Timber Rattlesnake 1935-06-28 H 4-Low --- Special G4 Concern Vascular Plant 34002 Spiraea virginiana Virginia Spiraea 2013-04 D 2-High Threatened Threatened G2 Natural Areas Documented Within a One -mile Radius of the Project Area Site Name Representational Rating Collective Rating Graveyard Creek Forests R5 (General) C4 (Moderate) FRB/North Toe River/Nolichucky River Aquatic Habitat R2 (Very High) C2 (Very High) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name _ _ Owner. _ _ _ _ Owner Type Graveyard Creek Forest Registered Heritage Area 130 of Chatham, LLC Private Mitchell County Open Space Mitchell County: multiple local government Local Government S1S2 S1 S3 S3 S2 Definitions and an explanation of status designations and codes can be found at httosalncnhde_natureserve.orglcontentlhelo. Data query generated on June 19, 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 3 NCNHDE-6288: BRP US Inc - Spruce Pine NC �L, 8101 s I a /lgfiq Ph 1211 Greenwood Road «*" Spruce Pine, North Carolina 28777 United States T 828.766.1100 F 828.765,2391 www.brp.com October 21, 2014 DEMLR — Land Quality Section Attn: Bradley Bennett, Supervisor Stormwater Permitting Program 1612 Mail Service Center Raleigh, NC 27699-1612 Subject: NPDES Stormwater Permit Coverage Renewal BRP US Inc. Spruce Pine, North Carolina Mitchell County Permit Number NCS000093 Dear Mr. Bennett: The purpose of this letter is to request the renewal of Stormwater NPDES Permit NCS000093 issued to The BRP US Inc. facility located in Spruce Pine, Mitchell County. I have enclosed two copies each of the completed "Renewal Application Form", "Stormwater Pollution Prevention Plan Development and Implementation Certification" form and "Supplemental Information Request" materials. I apologize for the delayed submittal of this permit coverage renewal. As I explained via e-mail, the renewal package was not received at the Spruce Pine facility. Once I reviewed the e-mailed package you forwarded to me I realized it was originally sent to the attention of a Plant Manager that is no longer with BRP to an address for the corporate facility in Sturtevant, Wisconsin. Thank you once again for e-mailing the renewal package to me. I trust this request and submission of information satisfies the requirements for permit renewal pursuant to the applicable North Carolina Administrative Code 15A NCAC 2H.0105(e). Should you need additional information or explanation, please contact me at (828) 766-1185. Respectfully, Bernice Wilson Environment, Health and Safety Cc: Henry Street RECEIVED OCT 2 7 2014 Lynx oo Lynx 1v' Sea-Doo DENR-LAND QUALITY Evinrude STORMVrVATER PERNO T ING Ro Cann -- Am Permit Coverage Permit Number ARA Renewal ApplicationForm NCS000093 National Pollutant Discharge Elimination System NCDENRStormwater 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 Owner / Organization Name: Owner Contact: Mailing Address: Phone Number: Fax Number: E-mail address: * Reissued Permit will he marled to the owner address BRP US, Inc. c�� rArr_C 7 i Facility/Permit Contact Information Facility Name: BRP US, Inc. Facility Physical Address Facility Contact: Mailing Address: Phone Number: Fax Number: E-mail address: Discharge Information Receiving Stream Stream Class: Basin: Sub -Basin: Number of Outfalls: 1211 Greenwood Rd Spruce Pine, NC 28777 English Creek RECEIVED C;Tr OCT 2 i 2014 French Broad River Basin 04-03-06 DENR-LAND OUALITY STORMWATER PERMITTING Co rCfTA` LLV M0ul7v9_ m, ! Impaired Waters/TMDL Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? ❑ Yes No ❑ Don't Know (for information on these waters refer to http://h2o.enr.state.nc.us/su/Impaired Waters TMDL/ CERTIFICATION certify that 1 am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature Print or type name of person signing above Date M A 3 1 ct +PAW 41AAM - Title Stormwater Permitting Program Please return this completed renewal application form Individual Permit Renewal and other required supplemental information to: 1612 Mail Service Center Raleigh, North Carolina 27699-1612 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 6114) 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. till. I! 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 %M 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. yt� 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. rnl 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. tits C. 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) SUPPLEMENTAL INFORMATION FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT BRP US Inc. Spruce Pine, Mitchell County Permit No. NCS000093 1. Current Site Map attached 2. Analytical Monitoring Summary attached 3. Visual Monitoring Summary attached 4. Best Management Practices Summary attached 5. Significant Changes in Industrial Activities Summary attached 6. Certification of the development and implementation of a SWPP Plan attached. BKP-5PPFlUWU 10/23/14 1-90 LKM/LKM \ STORMWATER EXPOSURE 1, SOD -GAL HYD, OIL TANK (UNDER ROOF) ' 2. 250-CAL HYD, OIL TANK (UNDER ROOF) 3. SCRAP TUBING/SHEET METAL \ 4. MISC. STORAGE 5. LOADING DOCK 6. TRASH COMPACTOR (ENCLOSED) 7. 30 CU YARD TRASH ROLL -OFF (OPEN) / \ OUTFACE NO. 1 8 <NK 288-GAL DIESEL TAWS IN PUMP HOUSE IN 9. COVERED CANDY AREA �- -FLOOR SWEEPER/20 YD SPENT SAND TER STORAX ROLL OFF -METAL CHIP 11UMPSTER AND COOLANT RECYCLING PROCESS Q�f (2) we VAPQMZEM 10. -EMPTY DRUM MAK, HAZ WASTE, OILS, COOLANTS, SHOP & PART CONTAINMENT BLOCS CFO ! IL ISCC..AGE PALLET STORAGE DETENOON �7 3 DO ® I2. 13, 14, METAL PARTS IN WIRE BASKETS COOLING TOWER DUST COLLECTORS, SAND PRETREAT. POND 13. RTO STACK OUTFALL N0. 3 �V/ 1 16. RTC BAGHOUSE -r 17, SHIPPING AND RECEIVING ELECTRIC 9 7 SUBSTATION o OUTF NO.6 OOUTFALL J NO. 2 OFFICE DIT10N PROPANE TANK FARM ,(3) 30,000-GAL TANKS co 00 BULK PROPANE UNLOAD AREA TTT Z PARKINGAREAS p �a NOTES: 1 �{ 1. OUTFALL NO. 1 RUNOFF AREA OUTFALL NO. 5 TOTAL AREA - 305,845 SO Fi G) IMPEHNOUS 244.415 50 FT , PERVIOUS 61.427 SO FT RUNOFF COEF 0.603 � OUTFACE N0. 4 2. OE[ENTIOM POND WILL HOLD A ONE INCH RAINFALL 3. OUTFALLS NO. 2 & 3 RUNOFF IS FROM UNDEVELOPED AREAS. l SCALE IN FEET 4. OUTFALLS NO. 4 & 5 ARE PART OF EMPLOYEE PAWNG AREA 5. OUTFALL NO. 6 CONSISTS OF ROOF DRAINAGE. 0 90 180 SITE PLAN AND DRAINAGE PATTERNS FIGURE ERM N C, INC. BRP US INC. 2 ERM SPRUCE PINE, NORTH CAROLINA BRP US Inc. Spruce Pine ANALYTICAL MONITORING SUMMARY Stormwater Permit NCS000093 Mitchell County MONITORING PERIOD MONITORING SCHEDULE Year Number Period Number Sample Number Start End Outfall No. Sample Hate Total Rainfall Event Duration (hrs) TSS (mg/L) pH (Units) o a Aluminum (mg/L) 1 1 1 1 3/1/2009 8/31/2009 001 8/11/2009 0.27 1.1 6.1 6.7 1 ND 1 2 2 9/1/2009 2/28/2010 001 2/22/2010 0.44 2.1 3.5 6.8 0.154 2 1 3 3/1/2010 8/31/2010 001 8/17/2010 0.7 0.7 7.4 6.46 15 2 2 4 9/1/2010 2/28/2011 001 2/24/2011 0.52 8.5 12.7 6.25 ND 3 1 5 3/1/2011 8/31/2011 001 8/31/2011 0.11 0.58 10.2 6.1 0.248 3 2 6 9/1/2011 2/29/2012 001 2/1/2012 0.18 1.5 45.1 6.2 0.496 4 1 7 3/1/2012 8/31/2012 001 8/23/2012 0.24 0.75 25 7.42 0.371 4 2 8 9/1/2012 2/28/2013 001 2/7/2013 0.75 7.4 26.4 6.27 0.821 5 1 9 3/1/2013 8/31/2013 001 8/31/2013 5 2 10 9/1/2013 2/28/2014 001 2/28/2014 @ @ @ @ @ 1 1 1 3/1/2014 �8/31/2014 001 8/20/2014 0.31 1.08 7.6 8.46 ND * no sample collected due to unusual frequency of precipitation preventing a qualifying event @ no sample collected as pond was drained for preventive maintenance and restoration to design capacity BRP US Inc. Spruce Pine VISUAL MONITORING SUMMARY Stormwater Permit NCS000093 Mitchell County DATE LOCATION COLOR ODOR CLARITY FLOATING SOLIDS SUSPENDED SOLIDS FOAM OIL SHEEN EROSION OR DEPOSITION AT OUTFALL COMMENTS Outfall No. 1 None None Clear None None None None None Outfall No. 2 None None Clear None None None None None 8/11/2009 Outfall No. 3 None None Clear None None None None None Outfall No. 4 None None Clear None None None None None Outfall No. 5 None None Clear None None None None None Outfall No. 6 None None Clear None None None None None Outfall No. 1 None None Clear None None None None None Outfall No. 2 None None Clear None None None None None Outfall No. 3 None None Clear None None None None None 2/22/2010 Outfall No. 4 None None Clear None None None None None Outfall No. 5 None None Clear None None None None None Outfall No. 6 None None Clear None None None None None Outfall No. 1 None None Clear Vegetative Debris Minimal None None None Outfall No. 2 None None Clear None None None None None 8/17/2010 Outfall No. 3 None None Clear None None None None None Outfall No. 4 None None Clear None None None None None Outfall No. 5 None None Clear None None None None None Outfall No. 6 None None Clear None None None None None Outfall No. 1 None None Clear None None None None None Outfall No. 2 None None Clear None None None None None Outfall No. 3 None None Clear None None None None None 2/24/2011 Outfall No. 4 None None Clear None None None None None Outfall No. 5 None None Clear None None None None None Outfall No. 6 None None Clear None None None None None Outfall No. 1 None None Clear Minimal None None None None Outfall No. 2 None None Clear None None None None None Outfall No. 3 None None Clear None None None None None 8/31/2011 Outfall No. 4 None None Clear None None None None None Outfall No. 5 None None Clear None None None None None Outfall No. 6 None None Clear None None None None None BRP US Inc. Spruce Pine VISUAL MONITORING SUMMARY Stormwater Permit NCS000093 Mitchell County DATE LOCATION COLOR ODOR CLARITY FLOATING SOLIDS SUSPENDED SOLIDS FOAM OIL SHEEN EROSION OR DEPOSITION AT OUTFALL COMMENTS Outfall No. 1 Dingy None Clear None None Minimal None None Outfall No. 2 None None Clear None None None None None 2/1/2012 Outfall No. 3 Outfall No. 4 None None None None Clear Clear None None None None None None None None None None Outfall No. 5 None None Clear None None None None None Outfall No. 6 Done None Clear None None None None None Outfall No. 1 Dingy None Clear None None Minimal None None Outfall No. 2 None None Clear None None None None None Outfall No. 3 None None Clear None None None None None 8/23/2012 Outfall No. 4 None None Clear None None None None None Outfall No. 5 None None Clear None None None None None Outfall No. 6 None None Clear None None None None None Outfall No. 1 Dingy None Clear None None None None None Outfall No. 2 None None Clear None None None None None Outfall No. 3 None None Clear None None None None None 2/7j2013 Outfall No. 4 None None Clear None None None None None Outfall No. 5 None None Clear None None None None None Outfall No. 6 None None Clear None None None None None Outfall No. 1 Dingy None Clear None None None None None Outfall No. 2 None None Clear None None None None None Outfall No. 3 None None Clear None None None None None 3/5/2013 Outfall No. 4 None None Clear None None None None None Outfall No. 5 None None Clear None None None None None Outfall No. 6 None None Clear None None None None None Outfall No. 1 None None Clear None None None None None No Sample No Qualifying Sample Event Outfall No. 2 None Done Clear None None None None None Outfall No. 3 None None Clear None None None None None 8/31/2013 Outfall No. 4 None None Clear None None None None None Outfall No. 5 None None Clear None None None None None Outfall No. 6 None None Clear None None None None None BRP US Inc. Spruce Pine VISUAL MONITORING SUMMARY Stormwater Permit NCS000093 Mitchell County DATE LOCATION COLOR ODOR CLARITY FLOATING SOLIDS SUSPENDED SOLIDS FOAM OIL SHEEN EROSION OR DEPOSITION AT OUTFALL COMMENTS Outfall No. 1 No Discharge No Discharge No Discharge No Discharge No Discharge No Discharge No Discharge No Discharge No Sample Pond Maint Outfall No. 2 None None Clear None None None None None 2/28/2014 Outfall No. 3 None None Clear None None None None None Outfall No. 4 None None Clear None None None None None Outfall No. 5 None None Clear None None None None None Outfall No. 6 None None Clear None None None None None Outfall No. 1 None None Clear None None None None None Outfall No. 2 None None Clear None None None None None 8/20/2014 Outfall No. 3 Outfall No. 4 None None None None Clear Clear None None None None None None None None None None Outfall No. 5 None None Clear None None None None None Outfall No. 6 None None Clear None None No None None BRP US Inc. Spruce Pine Storm water Permit NCS000093 Mitchell County BEST MANAGEMENT PRACTICES SUMMARY Best management practices at the BRP US Inc. Spruce Pine facility include good house- keeping practices, preventive maintenance, considerations of materials compatibility, security measures, and employee training on pollution prevention and spill response. Good House Keeping Practices Good housekeeping practices include: • maintaining a clean and orderly facility, • careful storage of drums and totes containing chemical materials, • secondary containment structures for tanks, drums and totes of chemical materials having the potential to impact stormwater discharge, • covered and contained storage for bulk spent sand, • covered and contained storage for metal chips, • contained storage for metal scrap, • covered storage for empty drums qued for recycling and, • covered storage for excess and project equipment and materials. Preventive Maintenance Preventive Maintenance practices include: • Preventive Maintenance (PM) tasks and schedules specific to equipment and pollution control devices, • Using a Maintenance Management Software (Guide) to track and document not only PM efforts but regular maintenance efforts as well, • Establishing routine inspections of equipment and pollution control devices specific to Permit requirements and/or vendor recommendations and, • Establishing monitoring requirements specific to Permit requirements and/or vendor recommendations, Materials Compatibility Materials compatibility practices include: • Careful review prior to the purchase of any new process chemicals, or materials by following the procedures established in the "New Chemical Approval Procedure", • Avoiding the reuse of any storage equipment, vessels or containers for material other than what was originally in the equipment, vessel, or container, BRP US Inc. Spruce Pine Storm water Permit NCS000093 Mitchell County Consideration of coatings or cathodic protection for buried pipeline or tanks, to reduce corrosion, Consideration of exposure to incompatible materials when storing process chemicals or relocating processes in the production areas. Security Measures Security practices include: • Exempt and maintenance personnel being responsible for maintaining a constant awareness of facility activities and personnel, • All employees being aware of normal operating conditions in their respective areas and immediately reporting any abnormal operating conditions observed such as oil leaks or spills, chemical spills, unusual discharges, etc. and, • All employees being aware of strangers entering the facility and immediately reporting their presence to facility management. • Security camera system accessible by members of management. Personnel Training Personnel training includes: • Annual SWPP Plan awareness training, • 40-hour HAZWOPER with annual refresher training for Emergency Coordinators and, • Training for affected personnel when equipment or process changes affect the SWPP Plan. Planned BMPs Planned BMPs include: • Two secondarily contained storage units to house flammable materials and oil containing products are being installed and will be inside a secure fenced area. • Panels are being added to dust collectors to protect discharge chutes from wind and precipitation. Where necessary, discharge chutes are being modified for better discharge into hoppers. BRP US Inc. Spruce Pine Storm water Permit NCS000093 Mitchell County SIGNIFICANT CHANGES IN INDUSTRIAL ACTIVITIES 2011- 2012 - Addition of 4,120 square feet of production floor space for additional machining capability 2012- 2014 —Rearrangement of production floor layout to optimize production flow and housekeeping STORMWATER POLLUTION PREVENTION PLAN DEVELOPMENT AND IMPLEMENTATION CERTIFICATION North Carolina Division of Energy, Mineral, and Land Resources - Stormwater Permitting Facility Name: BRP US, Inc. Permit Number: NCS000093 Location Address: 1211 Greenwood Rd Spruce Pine, NC 28777 County: Mitchell "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 fully implemented at this facility location in accordance with the terms and conditions of the stormwater discharge permit." And "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations." Sign accordin toermit signatoryr re uirements and return this Certification. DO NO g. { g p q } T SEND STORMWATER POLLUTION PREVENTION PLAN WITH THIS CERTIFICATION. t Signature Print or type name of person signing above Date C0 �s l �/ PLA,BLl Title SPPP Certification 10/13 Pickle, Ken From: Wilson, Bernice <bernice.wilson@brp.com> Sent: Friday, October 03, 2014 1:49 PM To: Pickle, Ken Subject: Re: FW: Permit Renewal Package for Individual Stormwater Discharge Permit Thank you Ken. I wish I could explain how we never received the renewal package. No one here has it or has seen it. However, I will complete the application and submit. Best Regards, Bernice Wilson Environment, Health & Safety Coordinator Spruce Pine - Marine Propulsion Systems Division BRP US Inc. 1211 Greenwood Road - Spruce Pine - North Carolina - USA - 28777 T + 1.828.766.1185 - F + 1.828.765.2391 On Tue, Sep 23, 2014 at 2:10 PM, Pickle, Ken <ken.pickiencdenr.gov> wrote: Hi Bernice, Please see attached renewal documents for BRP to complete, and return to us. There is no separate renewal fee. • I'm confirming that our database shows bat NCS000093 has expired..-{ • I'm confirming that our database shows that BRP is paid up for the year beginning August 1, 2014. Thanks, Ken From: Bennett, Bradley Sett: Tuesday, September 23, 2014 11:37 AM To: Pickle, Ken Subject: FW: Permit Renewal Package for Individual Stormwater Discharge Permit 1 r Ken, Attached is the Oct 2013 package that was mailed on renewal for this permit. Bradley Bennett Stormwater Permitting Program NC Division of Energy, Mineral and Land Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Phone: 919 807-6378 Fax: (919) 807-6494 Email: brad ley. bennett(a)ncdenr.gov Web: http://portal.ncdenr.org/web/Ir/stormwater Email correspondence to and from this address may be subject to public records taws From: Wilson, Bernice Lmailto:bernice.wilson@brp.com] Sent: Tuesday, September 23, 2014 10.48 AM To: Pickle, Ken Cc: Bennett, Bradley; Georgoulias, Bethany; Christina Gardner Subject: Re: Permit Renewal Package for Individual Stormwater Discharge Permit Hello Ken, I am following up on the e-mail below regarding the. Stormwater Permit for the BRP US Inc. facility in Spruce Pine, Mitchell County. We have not yet received a renewal package and our permit term has expired. Can you let us know when we might anticipate receiving the renewal package? . Best Regards, z Bernice Wilson Environment, Health & Safety Coordinator Spruce Pine - Marine Propulsion Systems Division BRP US Inc. 1211 Greenwood Road - Spruce Pine - North Carolina - USA - 28777 T + 1.828.766.1185 - F + 1.828.765.2391 On Tue, Jul 16, 2013 at 4:41 PM, Pickle, Ken <ken.pickle(amcdenngov> wrote: Hi John, Yes, that's correct on both of the two major points in our conversation today. 0 Despite the boilerplate provisions lifted from federal rule which includes the 180 day clock and puts the burden of renewal on the permittee, DWQ has always initiated the renewal process for our permittees with individual stormwater permits. As far as likely schedule: I can report that at the present time we are generally renewing our individual permits before the expiration date, but we are not always getting the renewal information to our permittees before the 180 days. We don't see this as having significant consequences to our program effectiveness. We use the EPA Forms 1 and 2F for first-time applications, only. We will send the permittee a streamlined renewal package sometime around, or shortly after, the 180 days. Please contact me with any follow-up, or otherwise related, questions. Thanks, Ken r Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919)807-6494 Email: ken. pickleCa ncdenr.gov Website: http://portal.ncdenr.org[web/wg(ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations." From: John Schultz [mailto:iohn.schultz@rbeng.com] Sent: Tuesday, July 16, 2013 3:37 PM To: Pickle, Ken Cc: Bernice Wilson Subject: Permit Renewal Package for Individual Stormwater Discharge Permit Ken, I appreciated the time you took with me this morning discussing the proper procedure for filing a renewal permit application for an individual stormwater discharge permit for one of our clients. The facility in question is BRP US, Inc. located in Spruce Pine. This facility currently holds individual stormwater Permit NCS000093 which will expire at midnight on February 28, 2014. According to Part 111. Section B.1. of their current permit, they are required to submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date of the current permit. In this case, the required forms and fees would be due by August 30, 2013. Per our discussion, USEPA Forms 1 and 2F are only to be used by facilities seeking individual stormwater permit coverage for the first time. Facilities that are seeking to renew an existing individual stormwater permit are only required to respond to a Renewal Alert Package that is sent to them by your agency. Because of agency constraints, you indicated that it was unlikely that BRP would receive this package prior to August 30, 2013; however you did indicate that they should receive the package well before the actual permit expiration date. I would appreciate it if you would confirm that my understanding of the permit renewal process for BRP is correct. John Schultz, P.E. River's Bend Engineering, Inc. 1611 Renaissance Blvd. Sturtevant, WI 53177 Phone (262) 886-3882 Cell 262 770-1571 ohn.schultz(rr)rben .com www.rbeng.com NCS000093 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Coleen H. Sullins Director Division of Water Quality Facility Name: BRP US Inc. NPDES Permit Number: NCS000093 Facility Location: Spruce Pine, NC (Mitchell County) Type of Activity: Aluminum Foundry SIC Code: 3365 Receiving Streams: See, Figure 1 River Basin: French Broad River Basin, Sub -basin 04-03-06 Stream Classification: C; Tr Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table l Facility Location: See Figure 1 Response Requested by (Date): Due date for Region Central Office Staff Contact: Brian Lowther, (919) 807-6368 Special Issues: "Iss'ue _ Ratin .S62lei:4eas .to 10 and Compliance history 4 Benchmark exceedance I Location (TMDL, T&E 4 species, etc Other Challenges: 6 • Contacting Permittee Difficulty Rating: 15140 Special Issues Explanation: • On the application the permittee asked for the monitoring of methylene chloride to be removed because it is not used in sufficient quantity. The permittee also wanted to not sample the last year if limits were not exceeded the first three years. Finally, they wanted to make sure only Outfall 1 was to be monitored. Outfall 1 is the only outfall associated with industrial activity and is the outfall of a stormwater pond overflow. Description of Onsite Activities: Make headboards for boat engines. Spruce Pines, North Carolina is.a lost foam casting facility which produces engine parts for OMC. • Lost foam casting is an advanced technique in which very,complex parts can be produced by casting, reducing the amount of subsequent machining needed to create a finish part. The technique involves use of a styrofoam mold in the shape of the desired part, which is then surrounded with sand. Molten aluminum is Page 1 of 9 NCS000093 poured onto the mold, the metal taking the shape of the part and the foam burning off. Documents Reviewed: • SPU File • Central DWQ File • 2005 French Broad Basinwide Plan • 2008 draft 303(d) list • National Heritage Program's T&E database • EPA draft 2006 Sector -Specific permit, Sector F "Primary Metals" History: • 10/01/94: Permit first issued to Outboard Marine Corporation. Analytical monitoring included Methylene Chloride. Monitoring required annually. • 09/21/01: Date Permit re -issued to Bombardier Motor Corporation of America. Analytical monitoring included Methylene Chloride. Monitoring required annually for first 3 years and quarterly for the 4`h year. • 08/18/06: Sent letter for need to renew permit to permittee • 10/26/06: Permittee submitted renewal application • • 09/22/08: Sent Reviewing Application Letter to permittee Page 2 of 9 NCS000093 NCS000093 W Scale PX, pop Figure 1: Map of Facility 1.11,11 1III'D Lad to de: 350 54' 48" N Lonjiude: 821, 5' 22" W Canty: Mtchell Receiving Stream: English Stream Class: C; Tr Sub -basin: 04-03-05 (French Broad River Basin) mi Facility Location Page 3 of 9 • NCS000093 Central Office Review Summary: 1. Owner's Other Permits: There are no other permits in BIMs. FRS 11001281627 Bombardier Motor Corporation of America — Spruce Pine, CAA AFS 3712100088 BRP US Inc., NCR000137158 BRP US Inc., TRI 28777MCSR1025G BRP US Inc. 2. General Observations: 0 Outfall 1 is supposedly the only one with industrial activities. This outfall is the discharge of a detention pond onsite. 3. Impairment: English Creek is not on the 303(d) and is not in the 2005 French Broad Basinwide Plan. 4. Threatened and Endangered: Based on the Natural Heritage Workroom there is one species that is state protected. Glyptemys muhlenbergii (Bog Turtle) Threatened. There are no Federally protected species within 2 miles of the site. 5. Location: The outfall flows to a classified C; Tr stream. 6. Industrial Changes Since Previous Permit: 4 h Qtr 2001- Addition of CNC machines using water soluble cutting fluid. 4" Qtr 2001- Addition of chrome conversion coating process using alkaline cleaner, acidic deoxidizer, acidic chromate conversion bath and polymer seal (all water diluted in process with the process wastewater discharged to the Town of Spruce Pine POTW per IUP Permit No. 002) • 4'h Qtr 2001- Addition of porosity sealing process using methacrylate based sealant. • 4d' Qtr 2001- Addition of dry filter spray painting booth using high solids two-part epoxy paint/catalyst and methyl n-amyl ketone. a 4" Qtr 2001- Addition of wastewater pre-treatment system using sulfuric acid, sodium metabisulfite, caustic soda liquid, aluminum sulfate and flocculant. 0 2°d Qtr 2004 — Replaced catalytic oxidizer with regenerative thermal oxidizer. • P Qtr 2006 — Installed new shotblast machine and dust collector — replaced existing units. • 3`d Qtr 2006 — Addition of two CNC machines using water soluble cutting fluid. 7. Anal ical Monitoring Notes: Monitoring was done at one outfall seven times from 9/14/02 to 9/29/05. The parameter sampled was Methylene Chloride. In the 2008 EPA Sector -Specific General permit the SIC code 3365 is in the section Nonferrous Foundries (SIC 3363-3369) which recommends monitoring for Cu and Zn. This site's primary process is aluminum, though. Their secondary SIC code is 3471 which is identified as "Plating and Polishing." Subsector AA1 in the EPA Multi -Sector Permit, "Fabricated Metal Products except coating," includes monitoring for Total Al, Total Fe, Total Zn, and Nitrate plus Nitrite Nitrogen. Methylene Chloride did not show up in the monitoring, and there is no source on site. Therefore, the renewal permit will remove methylene chloride from the current permit. Potential pollutants for this site would be from aluminum chips on site and sand that is outside. The aluminum chips are covered and have secondary containment but could be a stormwater problem with poor maintenance. Al will be added to the analytical monitoring. Also, sand is stored outside so TSS will be added to the monitoring. Page 4 of 9 NCS000093 8, Qualitative Monitoring Notes: Visual monitoring was done at each of the six outfalls.- Eleven events were monitored from 4/25/01 to 4/28/06. Much of the reporting is the same with none for color, odor, suspended solids, clear for clarity, and no for foam and oil sheen. Outfall 4 and 5 had some oil sheen. Page 5 of 9 NCS000093 Table 1: Analytical Monitoring Required Sample Total Precipitation Duration Methylene Sampling Date Flow (in) (hours) Chloride Range IVIGD Outfall 1 10/1 /01 to 9/14/2002 0.086 0.31 10.5 ND <5.0 9/30 /02 1011 /02 to 11/24/2003 0.027 0.11 7.33 ND <0.25 9/30 /03 10/1 /03 to 10/19/2004 0.0319 0.13 0.92 ND <5.0 9/30/04 1011 /04 to 10/27/2004 0:0884 0.36 0.8 ND <5.0 12/3 0/04 1/1/05 to 3/22/2005 0.074 0.3 7.75 NO <5.0 311/05 411/05 to 6/27/2005 0.393 1.6 2.25 NO <5.0 6/30 /05 711/05 to 9/29/2005 0.034 0.14 10.17 NO <5.0 9/30/05 Over Current Benchmark Data Not Collected Page 6 of 9 NCS000093 Revised Permit Recommendations: Analytical Monitoring: 1. Removing Methylene Chloride from the monitoring and adding Al and TSS. 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 Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier.1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfalI status. 6. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 8. 'Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Page 7 of 9 NCS000093 Discussions with permittee: Bernice Wilson, 828-766-1185 bemice.wilson@brp.com, 10/10/08 1. General description of industrial activities? Aluminum Foundry primarily with some other small operations. 2. Have there been any changes since filing the application? No 3. What chemicals or materials are stored outside? Aluminum Chips under cover with secondary containment. Used sand waiting to be hauled off. 4. What is the methylene chloride used for? Is it stored outside? No source of methylene chloride. 5. Do you have vehicle maintenance onsite? No, but there is some vehicle maintenance. 6. What is you SIC code? 3365 Page 8 of 9 NCS000093 Recommendations: Based on the documents reviewed, the application information submitted on October 26, 2006 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) o Date ._ t Stormwater Permitting Unit Supervisor Date fl Ll 8 for Bradley B nnett Concurrence by Regional Office Date Regional Water Quality Supervisot Date Regional Office Staff Comments Page 9 of 9 NCS000093 Recommendations: Based on the documents reviewed, the application information submitted on October 26, 2006 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) /� �� Date t z 108 Stormwater Permitting Unit Supervisor G-,0 Date fl 1 b8 for B dley Bf ett G� Concurrence by Regional Office r Date `o� Regional Water Quality Supervisor 4 Ar Date 1 Z Regional Office Staff Comments Fllcal 7Y 1-5 FAA1Y C4S-P 65. I fh;6z 4c S`VZ.-ni Page 9 of 9 35.G100q'7 3,"511' 31;, ki(yxx 3 ga.Og03�1�1 CIA WI fWvAce W)tisoy1 ;wo Q sawe C,s v s a _y s S-3 '- �iYI%-�`"� fit / • Vy • s,�Aia WI/ ooiz�I. is 11 • pesos 6 - CruL Ct.ss C; Tr. gr.,w� lyd —10c p- t✓ $, 7-.2 07.'))6 ,,,,L is 6m QS5e%s Vjj �,+ 14 r i�i -- Cru ft 10 35° 04 1 — 36 ° Sy' 38 " 3t 65' a5„ f-43 la- r. 4p, tv LOGY A:e Bombardier Recreational Products February 11, 2009 NCDENR — Division of Water Quality Attn: Brian Lowther, Environmental Engineer Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Draft NPDES Stormwater Permit Permit Number NCS000093 BRP US Inc. Spruce Pine, North Carolina Mitchell County Dear Mr. Lowther: BRP US Inc. 1211 Greenwood Road Spruce Pine, North Carolina USA 28777 T 828.766.1100 F 828.765.2391 www.brp.com The purpose of this letter is to acknowledge the January 12, 2009 receipt of the draft S.oMYfwv NPDES Permit NCS000093 issued to the BRP US Inc. facility located in Spruce Pine, Mitchell C6dfity. This draft and all changes from the current permit have been reviewed and are understood. At this time, I would like to request the following comments be considered when issuing the final permit draft: According to a September 14, 1993 letter to your office confirming a telephone conversation, with Mr. Bill Mills, formerly of your office, only Outfall No. 1 should be monitored for the NPDES permit. However, this is not clear in the current permit draft. For clarification, all stormwater associated with industrial activity flows to the facility's stormwater retention pond with overflow from this pond discharging only to Outfall No. 1. BRP requests consideration is given to identify, in the renewed permit, Outfall No. 1 as the stormwater discharge outfall to be monitored. Thank you for your consideration of the comment submitted. Should you need additional information or explanation, please contact me at (828) 766-1185. Respectfully, 4/66D-\ Bernice Wilson Environment, Health and Safety ski -boo Lynx Cc: Lisa Bryant Eervuuddee Johnson Rotax Bombardier AN �F WArF,�p Michael F. Easley, Governor William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources p Coleen H. Sullins, Director Division of Water Quality December 31, 2005 Mrs. Bernice Wilson BRP US, Inc. 121.1 Greenwood Road Spruce Pine, NC 25777 Subject: Draft NPDES Stormwater Permit Permit No. NCS000093 BRP US, Inc. Mitchell County Dear Mrs, Wilson: 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: I . Analytical monitoring parameter Methylene Chloride was removed from the permit. The parameters Aluminum and Total Suspended Solids have been added in this 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-Il 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 est Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) IVorrhCarolina . �Vrrtrrrn!!� 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) 907-6494 1-977-623-6749 An Equal Opportunity/Affirmative Action Employer- 50% Recycle&10% Post Consumer Paper f Mr j4wilson BRP US, Inc. Permit No. NCS000093 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 Tar -Pamlico Riparian Buffer Rule, all stormwater drainage from portions of this site that have been constructed after January 1, 2000 must be discharged through a correctly designed level spreader or another device that meets diffuse flow requirements per 15A NCAC 2B .0261. Diffuse flow requirements are described in Chapter 8 of the North Carolina Stormwater BMP Manual, available at: httl2://h2o.eny.state.nc.us/su/bmp—forms.htm Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6368 or brian.lowtherOncmail.net cc: Asheville Regional Office Stormwater Permitting Unit Attachments: Draft Permit Sincerely, s Brian Lowther Envirorunental Engineer Stormwater Permitting Unit 2 �0F.WArFj9Q Michael F. Easley, Governor G William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality September 22, 2008 Bernice Wilson BRP US Inc. 1211 Greenwood Road Spruce Pine, NC 28777 Subject: NPDES Permit Renewal Application BRP US Inc. Permit Number NCS000093 Individual Ston-nwater Permit Wake County Dear Mrs. Wilson: The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000093 on October 26, 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 Lowther Environmental Engineer Stormwater Permitting Unit cc: Asheville Regional Office ,Sto wrm titer=Permitting:Unit-Files, Central Files Nbr Carolina tura!!il North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Intemet. h2o.enrstate.nc.us 512 N. Salisbury S1. Raleigh, NC 27604 FAX (919) 733-2496 1.877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Re: benchmark for methylene chloride Subject: Re: benchmark for methylene chloride From: Connie Brower <connie.brower@ncmail.net> Date: Wed, 01 Oct 2008 15:57:58 -0400 To: Nikki Remington <Nikki.Remington@NCMail.net> CC: Brian Lowther <Brian.Lowther@ncmail.net> hi guys the only additional thing that needs to be considered it that methylene chloride is a known laboratory contaminant. It is seen in virtually all lab data due to its use in extracting organic pollutants. So, when it is seen in samples-- I would check for its presence in the blanks and associated quality control samples. It is very likely that the surface water sample is not "contaminated" -- just the lab! (and they can not control this problem!) connie Nikki Remington wrote: Hi Brian, Thanks for checking on the units. The change to ug/L would put them in line with what we would expect to see for a detection limit for methylene chloride. It's not uncommon to see the limits that they are reporting vary slightly. The lowest concentration that the lab can pick up may change based on things like characteristics of the particular sample. Determining a stormwater benchmark for methylene chloride is less straight forward than what has been done for other chemicals. Most of the stormwater benchmarks that we calculate are based on the protection of aquatic life. we use half of the acute value (1/2 FAV) from the most sensitive species that we have data for. However, methylene chloride is a carcinogen and the lowest standard would be based on protection of human health not aquatic life. For surface water, the human health standard calculation takes into account variables such as fish and water ingestion and other parameters that would need to be modified in order to be useful in a stormwater situation. We could calculate a benchmark but we'd have to sit down and figure out how we were going to handle those modifications. My suggestion is that as long as the facility continues to report non detects, no benchmark would probably be needed. However, if they ever have any hits for methylene chloride then we may need to try to calculate the benchmark value as it is a carcinogen. Just for reference, the instream surface water standards are 4.6 ug/L for water supplies and 590 ug/L for class C waters (per EPA's National Recommended Water Quality Criteria). Based on those numbers it looks like if we calculated a benchmark it could potentially end up being at or below detection. I know my explanation is probably confusing so let me know if you have any questions. Nikki Brian Lowther wrote: Sorry, it looks like it is ug. Another interesting thing is most are < 5 ug but one is < .25 ug. Not sure why. Brian Nikki Remington wrote: Hi Brian, Could you double check the units for the detection limit that they are reporting? 5 mg/L seems pretty high. Our chem lab has the practical quantitation limit for methylene chloride listed as 10 ug/L. I was just curious why their lab isn't reporting lower. 1 of 3 10/3/2008 9:03 AM Re: benchmark for methylene chloride Brian Lowther wrote: Hey Nikki, Thanks for helping us with the benchmark for acetone. I am working on a renewal application and they previously monitored for Methylene Chloride for their stormwater permit. All their results were "not detected < 5 mg/l." Do you have a benchmark or an helpful information on methylene chloride? Thanks, Brian Nikki Remington wrote: Hi everyone, I finally have a benchmark calculated for acetone. The benchmark (1/2 EAV) is *17 mg/L* for freshwater_ Connie mentioned that if you are seeing low levels you could check with the lab running the data to see if it could be laboratory contamination. Acetone is commonly seen as a chemical that can be picked up from lab sources. I hope this helps! Let me know if you have any questions concerning the use of this number or if there is anything else that you need. Nikki Bethany Georgoulias wrote: No problem. Thanks, Nikki! Nikki Remington wrote: Sorry I wasn't able to send you a benchmark for acetone yesterday afternoon. Currently, I'm waiting on some information from the lab to try to verify a couple of species' distributions. I'll send you the final value as soon as I can! Bethany Georgoulias wrote: Nikki, Brian Lowther (our newest staff member) is reviewing monitoring results from an industrial facility that has been sampling for acetone in its stormwater discharge. We don't have a benchmark value to compare the results to (and we're a little curious why this was chosen as a parameter since acetone is so volatile, but they're obviously picking up some)... could you check to see if you have any information or toxicity data for it? Thanks! BG 2 of 3 10/3/2008 9:03 AM Re: benchmark for methylene chloride Connie Brower <Connie.Brower(ancmai1.net> Industrial Hygiene Consultant NC DENR Division of Water Quality 3 of 10/3/2008 9:03 AM NCS000093 �@ DEC 3 0.2008 t)ENR - VYATF-A C AJAL woUndds & -^-^ 1Bf "rich. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins Direcior Division of Water Quality STAFF REVIEW AND EVALUATION; Facility Name: BRP US Inc. v NPDES Permit Number: NCS000093 ✓ r. �. OCT 3 G Facility Location: Spruce Pine, NC (Mitchell County) A.; Type of Activity: Aluminum Foundry^„ Li _ SIC Code: 3365 Receiving Streams: See Figure 1 ', .. .�' .,. .. u,........._ ,., ,..._.. -. . River Basin: French Broad River Basin, Sub -basin 04-03-06 Stream Classification: C; Tr Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table 1 Facility Location: See Figure 1 Response Requested by li/Z 7/" ' (Date): Central Office Staff Contact: Brian Lowther, (919) 807-6368 Special Issues: ssue :,p; � .} s �Raiin "' Scaler l 6i �`io-10 hard Compliance history 4 Benchmark exceedance 1 Location (TMDL, T&E 4 species, etc Other Challenges: 6 • Contacting Perinittee Difficul Ratin 15140 Special Issues Explanation: • On the application the permittee asked for the monitoring of methylene chloride to be removed because it is not used in sufficient quantity. The permittee also wanted to not sample the last year if limits were not exceeded the first three years. Finally, they wanted to make sure only Outfall 1 was to be monitored. Outfall 1 is the only outfall associated with industrial activity and is the outfall of a stormwater pond overflow. Description of Onsite Activities: • Make headboards for boat engines. Spruce Pines, North Carolina is a lost foam casting facility which produces engine parts for OMC. C Lost foam casting is an advanced technique in which very complex parts can be produced by casting, reducing the amount of subsequent machining needed to create a finish part. The technique involves use of a styrofoam mold in the shape of the desired part, which is then surrounded with sand. Molten aluminum is Page 1 of 9 of W A rFq t<rl � Michael O� pG chael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment.and Natural`Resources r. r LI Coleen H.!Sullins, Director Divisio f Water Quality September 22, 2008 j 1 II SEp 24 2008 :Jf Bernice Wilson BRP US Inc. — -- 1211 Greenwood Road Spruce Pine, NC 28777 Subject: NPDES Permit Renewal Application BRP US Inc. Permit Number NCS000093 Individual Stormwater Permit Wa4m County Dear Mrs. Wilson: The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000093 on October 26, 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, /J r Brian Lowther Environmental Engineer Stormwater Permitting Unit cc: Asheville Regi._onal Office Stormwater Permitting Unit Niles Central Files Al"o,�" hCarolina ,watura!!� 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 1477-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recyctedl110% Post Consumer Paper NCS000093 Facility Name: NPDES Permit Number: Facility Location: Type of Activity: SIC Code: Receiving Streams: River Basin: Stream CIassification: Proposed Permit Requirements Monitoring Data: Facility Location: Response Requested by (Date): Central Office Staff Contact: Special Issues: 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 STAFF REVIEW AND EVALUAI NPDES St t ormwa er erm>< r • I _ ? 1-\ '-P 1 i;r1 - F -"' I t BRP US Inc.. NCS000093 OCT 3 0 2008 Spruce Pine, NC (Mitchell County.... s J Aluminum Foundry � t: 1'vATE.F C�_lr,? �m� �_-G i :�=i•' 3365 See Figure l French Broad River Basin, Sub -basin 04-03-06 C; Tr See attached draft permit. See Table I See Figure 1 11/z7'.,8 -6"' Brian Lowther, (919) 807-6368 Issue Rating Scale: 1 eas to 10 hard Compliance history 4 Benchmark exceedance I Location (TMDL, T&E species, etc) 4 Other Challenges: • Contacting Pennittee 6 Difficult Rating: 15140 Special Issues Explanation: • On the application the permittee asked for the monitoring of methylene chloride to be removed because it is not used in sufficient quantity. The permittee also wanted to not sample the last year if limits were not exceeded the first three years. Finally, they wanted to make sure only Outfall 1 was to be monitored. Outfall 1 is the only outfall associated with industrial activity and is the outfall of a stormwater pond overflow. Description of Onsite Activities: • Make headboards for boat engines. Spruce Pines, North Carolina is a lost foam casting facility which produces engine parts for OMC. a Lost foam casting is an advanced technique in which very complex parts can be produced by casting, reducing the amount of subsequent machining needed to create a finish part. The technique involves use of a styrofoam mold in the shape of the desired part, which is then surrounded with sand. Molten aluminum is Page 1 of 9 NCS000093 poured onto the mold, the metal taking the shape of the part and the foam burning off. Documents Reviewed: • SPU File • Central DWQ File , • 2005 French Broad Basinwide Plan • 2008 draft 303(d) list • National Heritage Program's T&E database • EPA draft 2006 Sector -Specific permit, Sector F "Primary Metals" History: • 10/01/94: Permit first issued to Outboard Marine Corporation. Analytical monitoring included Methylene Chloride. Monitoring required annually. • 09/21/01: Date Permit re -issued to Bombardier Motor Corporation of America. Analytical monitoring included Methylene Chloride. Monitoring required annually for first 3 years and quarterly for the 4`h year, • 08/18/06: Sent letter for need to renew permit to permittee • 10/26/06: Permittee submitted renewal application • 09/22/08: Sent Reviewing Application Letter to permittee Page 2 of 9 NCS000093 NCS000093 F S A440 scale P20, 000 Figure 1: Map of Facility BRP US Inc. Lad trade: 350 54' 48" N Longitude: 820 5' 22" W County: Mtchell Receiving Stream: English StreamClass: C; Tr Sub -barn: 04-03-06 (French Broad River Basn) r 1�1a1►��{\���� wf�Y Facility Location Page 3 of 9 ' NCS000093 Central Office Review Summary: 1. Owner's Other Permits: There are no other permits in BIMs. FRS 11001281627 Bombardier Motor Corporation of America — Spruce Pine, CAA AFS 3712100088 BRP US Inc., NCR000137158 BRP US Inc., TRI 28777MCSR1025G BRP US Inc. 2. General Observations: • Outfall 1 is supposedly the only one with industrial activities. This outfall is the discharge of a detention pond onsite. 3. Impairment: English Creek is not on the 303(d) and is not in the 2005 French Broad Basinwide Plan. 4. Threatened and Endangered: Based on the Natural Heritage Workroom there is one species that is state protected. Glyptemys muhlenbergii (Bog Turtle) Threatened. There are no Federally protected species within 2 miles of the site. 5. Location: The outfall flows to a classified C; Tr stream. 6. Industrial Changes Since Previous Permit: • 40 Qtr 2001- Addition of CNC machines using water soluble cutting fluid. • 4'b Qtr 2001- Addition of chrome conversion coating process using alkaline cleaner, acidic deoxidizcr, acidic chromate conversion bath and polymer seal (all water diluted in process with the process wastewater discharged to the Town of Spruce Pine POTW per IUP Permit No. 002) • 4`h Qtr 2001- Addition of porosity sealing process using methacrylate based sealant. • 4d' Qtr 2001- Addition of dry filter spray painting booth using high solids two-part epoxy paint/catalyst and methyl n-amyl ketone. • 4"' Qtr 2001- Addition of wastewater pre-treatment system using sulfuric acid, sodium metabisulfite, caustic soda liquid, aluminum sulfate and flocculant. • 2°a Qtr 2004 Replaced catalytic oxidizer with regenerative thermal oxidizer. • 3`d Qtr 2006 — Installed new shotblast machine and dust collector -- replaced existing units. • 3`d Qtr 2006 — Addition of two CNC machines using water soluble cutting fluid. 7. Analytical Monitoring Notes: Monitoring was done at one outfall seven times from 9/14/02 to 9/29/05. The parameter sampled was Methylene Chloride. In the 2008 EPA Sector -Specific General permit the SIC code 3365 is in the section Nonferrous Foundries (SIC 3363-3369) which recommends monitoring for Cu and Zn. This site's primary process is aluminum, though. Their secondary SIC code is 3471 which is identified as "Plating and Polishing." Subsector AA1 in the EPA Multi -Sector Permit, "Fabricated Metal Products except coating," includes monitoring for Total Al, Total Fe, Total Zn, and Nitrate plus Nitrite Nitrogen. Methylene Chloride did not show up in the monitoring, and there is no source on site. Therefore, the renewal permit will remove methylene chloride from the current permit. Potential pollutants for this site would be from aluminum chips on site and sand that is outside. The aluminum chips are covered and have secondary containment but could be a stormwater problem with poor maintenance. Al will be added to the analytical monitoring. Also, sand is stored outside so TSS will be added to the monitoring. Page 4 of 9 NCS000093 Oualitative Monitoring Notes: Visual monitoring was done at each of the six outfalls. Eleven events were monitored from 4/25/01 to 4/28/06. Much of the reporting is the same with none for color, odor, suspended solids, clear for clarity, and no for foam and oil sheen. Outfall 4 and 5 had some oil sheen. Page 5 of 9 NCS000093 Table 1: Analytical Monitoring Required Sample Total Precipitation Duration Methylene Sampling Date Flow (in) (hours) Chloride Range MGD Outfall 1 10/1/01 to 9/14/2002 0.086 0.31 10.5 ND <5.0 9/30/02 10/1102 to 11/24/2003 0.027 0.11 7.33 ND <0.25 9/30103 10/1103 to 10/19/2004 0.0319 0.13 0.92 ND <5.0 9/30104 10/1104 to 10/27/2004 0.0884 0.36 0.8 ND <5.0 12/30/04 111/05 to 3/22/2005 0.074 0.3 7.75 ND <5.0 311105 4/1105 to 6/27/2005 0.393 1.6 2.25 ND <5.0 6130105 7/1105 to 9/29/2005 0.034 0.14 10.17 ND <5.0 9/30/05 Over Current Benchmark Data Not Collected Page 6 of 9 NCS000093 Revised Permit Recommendations: Analytical Monitoring: 1. Removing Methylene Chloride from the monitoring and adding Al and TSS. 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 penttittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier.1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 6. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: 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 7 of 9 NCS000093 Discussions with permittee: Bernice Wilson, 828-766-1185 bernice.wilson@brp.com, 10/10/08 1. General description of industrial activities? Aluminum Foundry primarily with some other small operations. 2. Have there been any changes since filing the application? No 3. What chemicals or materials are stored outside? Aluminum Chips under cover with secondary containment. Used sand waiting to be hauled off. 4. What is the methylene chloride used for? Is it stored outside? No source of methylene chloride. 5. Do you have vehicle maintenance onsite? No, but there is some vehicle maintenance. 6. What is you SIC code? 3365 Page 8 of 9 NCS000093 Recommendations: Based on the documents reviewed, the application information submitted on October 26, 2006 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) r Zp Date t o f, 3 1.0 Stormwater Permitting Unit Supervisor AaD Date for B dley B ett Concurrence by Regional Office r Date Flag Regional Water Quality Supervisof `J Date 1 Z Regional Office Staff Comments mcf t'r 7y Gc c n� LAW, IE- FAv M Cos-pr465 . i 6E: ACE s'ao23 a OwT5l0� IF /K4-0 GVV&twU�rl2 CvW.,0 G hu Fti/ r',)Z A) e-X°0S"'Zr Page 9 of 9 NCS000093 �Fw o+�Y� r "...`1 ^vim. .... _ ,i'... .-'' . f•�t STATE OF NORTH CAROLINA r �4 1 L _� DEPARTMENT OF ENVIRONMENT AND NATURAL'RESOURCES DIVISION OF WATER QUALITY r :':' � `i 0CT 3 0 2003 PERMIT TO DISCHARGE STORMWATER UNDER TH-E i a� NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM I\ /f In compliance with the provisions of North Carolina;Gen6al Stattite'143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water PollutioControl Act, as amended, .�n BRP US, Inc. U is hereby authorized to discharge stormwater from a facility located at %enwood Road Spruce Pine, NC Mitchell County to receiving waters designated as English Creek, a class C; Tr stream in the French Broad River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective [February 1, 2009]. This permit and the authorization to discharge shall expire at midnight on [January 31, 2014]. Signed this day [January 12, 2009]. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Pennit No. NCS000093 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B. Permitted Activities Section C: Location Map ez PART II MONITORING, CONTROLS, AND LIMITATIONS`FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical MonittooringReRegd-Lments Section C: Qualitative Monit ringRequire�s Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers Permit No. NCS000093 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3, Flow Measurements 4. Test Procedures 5. Representative Outfall fO// 6. Records Retention", 7. Inspectiom and,Entry Section E: Reporting Re"qui� is� 1. Di s`c arge- onitoring 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 m Permit No. NCS000093 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 formto the Division; must receive approval by the Division; must maintain no exposure con ditions,unIess, author] zed to discharge under a valid NPDES stormwater permit; and must reapplyfor•the NoExposure Exclusion once every five (5) years. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters-of.North Carolina -or separate storm sewer system that has been adequately treated and managedin accordance with the terms and conditions of this individual permit. All stormwater discharges shall be ih,accordance with the conditions of this permit. Any other point source dischgfr e to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed"by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part 11 Page 1 of 10 SECTION C: LOCATION MAP Pennit No. NCS000093 ii,_7 A 5 ILI :M*Unt:! in 8RP US Inc. V, X, N 11� IOU E j A&KNII, r NCS0000.93 ld 57' Aw Scale 1., 20, 000 BRP US Inc. Latitude: 350 54'48" N Longitude: 82' 5'22" W County: Mtr-hell Receiving Stream: English Stream Class: C; Tr Sub -basin: 04-03-06 (French Broad River Basin) Facility Location Part H Page 2 of 10 Permit No. NCS000093 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this general permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the,physical facility and the potential pollutant sources which may be expected to"contribute to contamination of stormwater discharges. The site plan shall contafn the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility%s 1'oca�ion in relation to transportation routes and surface waters, the name1ofthe receiving water(s) to which the stormwater outfall(s) discharges oriif the`discharge is to a municipal separate storm sewer system, the name of�the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge. The general location, ap�(or`lternativdfy 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) ofconcernfare. North Carolina's 303(d) List can be found here: http://h2o.enr.state-�nc.us/tmdl/Genera1-303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enr.state.ne.us/tmd]/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 [ I Page 3 of 10 Permit No. NCS000093 (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 II1, 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 technical/and4nomic 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 allstorage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater,management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. %/ /( I// (b) Secondary Contdinmen\Requirements and Records. Secondary containment is required for: bulk storage ofliquid materials; storage in any amount of Section 313 of Title III of he Superfund Amendments and Reauthorization Act (SARA) water priority chemicals`; and storage in any amount of hazardous substances, in order to prevent•,leaks•and spills from contaminating stormwater runoff. A table or summary ofllsuch 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 4 of 10 Permit No. NCS000093 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 pro shall;b�e^developed. The program shall list all stormwater control systems, stormwater discharge outfalls', all on -site and adjacent surface waters and wetlands, industrial activity'areas (including material storage areas, material handling areas, disposal areas process areas loading and unloading areas, and haul roads), all drainage features and structuresand existing structural BMPs. The program shall establish schedules of inspections; maintenance, and housekeeping activities of stormwater control systems,tas well as facility equipment, facility areas, and facility systems that present a potential fobstormwater exposure or stormwater pollution. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program.. Timely compliance with the established schedules for inspections, maintenance and housekeeping shall be recorded in writing and maintained in the SPPP. Y\1 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 Stortrtwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. 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 5 of 10 Permit No. NCS000093 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. X/� Table 1. Analytical Monitoring RequirementsUe� Discharge Characteristics Units Measurement Freguencyl Sample TYRO Sample Location3 Total Suspended Solids m L ,J� /,semi-annual Grab SDO Aluminum, Total m L , �! Asemi-annual Grab SDO H standard semi-annual Grab SDO Total Rainfall4 inch s�, semi-annual Rain Gauge - Footnotes: )/111� 1 Measurement Frequency: Twice per yearduring a representative storm event, for each year until either another permit is issued for this facility`r u�ri`I 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 7 of 10 Permit No. NCS000093 effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the pennittee 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-;iQualiy . These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part II B and C of this permit. 4 \ 9. Implementation. The permittee shall implement thOPlan. Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees; including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance act vities\Such�documentation shall be kept on -site for a period of five years and made available •to the Director or the Director's authorized representative immediately upon request. )f\% Part 11 Page 6 of 10 Permit No. NCS000093 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 periodt'1 Sample Number Start End Year 1 — Period 1 1 February I, 2009 July 31, 2009 Year 1 — Period 2 2 August 1, 2009 January 31, 2010 Year 2 —Period 1 3 February 1, 2010 July 31, 2010 Year 2 — Period 2 4 August I, 2010 January 31, 2011 Year 3 — Period 1 5 February I ;�201'I July 31, 2011 Year 3 —Period 2 6 August 1;,201,1 7 January 3 I, 2012 Year 4 — Period l 7 Febiu_ary 1, 2Q12 % July 31, 2412 Year 4 — Period 2 8 August,l,, 2012 January 31, 2013 Year 5 — Period 1 9 , 6rua`ry 1'�2013 July 31, 2013 Year 5 — Period 2 10 August;, 2013 January 31, 2014 Footnotes: �/� // )� I Maintain semi-annual monitoring during permit renewa� cess. The applicant must continue semi-annual monitoring until the renewed permit,is issued: 2 If no discharge occurs during the'sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the en&of the six -month sampling period. e ical >VThe permittee shall report the results from the first sample with valid results within the monitoring period. The permittee-shall compare monitoring results to the benchmark values in Table 3. The benchmark values -in Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two, Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark Total Suspended Solids m /L 100 Aluminum, Total mg/L 0.75 PH standard 6-9 Part 11 Page 8 of 10 Permit No. NCS000093 Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter atany outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential, and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters concern, or to bring concentrations to within the benchmark range.( 4. Implement the selected actions within two months,of the inspection. 5. Record each instance of a Tier One response in h\Stormwater Pollution Prevention Plan. v Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selecteed ac/tio�and the date the selected actions were implemented. Tier Two If: During the term of this permit, t the first valid sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive); Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values, or within the benchmark range, for all parameters at that outfall. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow." 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. Part II Page 9 of 10 Permit No. NCS000093 During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may, but is not limited to: • require that the permittee increase or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to�qualify for the No Exposure Exclusion. ��< Part II Page 10 of 10 Permit No. NCS000093 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 uirements7 i�e Discharge Characteristics Frequency1 Monitoring Location2 Color semi-annual �SDO Odor semi-annual , SDO Claritysemi-annual r )f SDO Floating Solids ^semi,annual(�-; i SDO Suspended Solids \semi annual SDO Foam / semi annua SDO Oil Sheen �/ semi-annual SDO Erosion or deposition at the \\--Semi annual SDO outfall Other obvious indicators semi-annual SDO of stormwater pollution Footnotes: 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 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 11 Page 11 of 10 Permit No. NCS000093 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 ll Sample Type2 Sample Location3 H standard semi-annual Grab SDO Oil and Grease m /l semi-annual Grab SDO Total Suspended Solids m /l semi-annual Grab SDO Total Rainfa114 inches semi-annual Rain gauge New Motor Oil Usagegallons/month semi-annual_// Estimate - Footnotes: 1 Measurement Frequency: Twice per year during a representative storm eventjoreach year until either another permit is issued for this facility or until this permit is revoked oriescinded.-_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 monjtoriing periods through the end of this permitting cycle. If the stormwater runoff is controlled by a stormwateu'detention pond a grab sample of the discharge from the .. pond shall be collected within the fi�3\inutes�of discharge from the pond. 3 Sample Location: Samples shall be collecte� ach`stormwater discharge outfall (SDO) that discharges . \ stormwater runoff from area(s) wwhhhereice--- vehicle main'tenance activities occur. 4 -For each sampled representative storm even the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part II Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark pH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L7_ 100 Part II Page 12 of 10 Permit No. NCS000093 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished within.12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time and existing, facilitics previously permitted and s. Z..N i applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from.the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as.specified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to,the,beging�f discharges from the operation of the industrial activity. f� �� % 2. Du to Comply The permittee must comply with all, conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act -and is grounds for enforcement action; for permit termination, revocation and rei s ance�or modification; or denial of a permit upon renewal application. a. The permittee shd/ omply,� i' th standards or prohibitions established under section 307(a) of the Clean Water Act for'toxic pollutants within the time provided in the regulations that establish these standards or, prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or 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 5125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed Part III Page 1 of 8 Permit No. NCS000093 510,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed S 125,000. Duty to. Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though thresponsibility for effective compliance may be temporarily suspended. f/e ��\ Oil and Hazardous Substance Liability Nothing in this individual permit shall be construe'd-toes t preclude,the institution of any legal action or relieve the permittee from any responsibilities, liabilities or penaltio which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 31 1 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement ofFederal, State or local laws or regulations. 7. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected. thereby. 8. Du to Provide Information The pennittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than 510,000 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 520,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part III Page 2 of 8 Permit No. NCS000093 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 SIO,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS I . Individual Permit Expiration The permittee is not authorized to discharge after the expiration�dateln 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-pH'or to the expiration date. Any permittee that has not requested renewal at least ISO 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§1 3-2153.6 and 33 USC 1251 et. seq, 2. Transfers /6/ This permit is not transferable to any person except.aftF"r notice to and approval by the Director. The Director may require modification or re/ vocation.and '�eissuance of the permit to change the name and incorporate such other requirements,as may be,necessary under the Clean Water Act. The Permittee is required to notify the Division.m writing,in'the event the permitted facility is sold or closed. Siiinatory Reauirements —)1 `, All applications, reports,for information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) 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. NCS000093 manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonments for knowing- iolations." The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual,permit, or terminating the individual permit as allowed by the laws, rules, and regulationscontainedin/Tit el 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et alN / V ( Permit Actions The permit may be modified, revokedIAnd reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance {does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The pennittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a pennittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a penmittee for bypass unless: Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and Part III Page 4 of 8 Permit No. NCS000093 b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS E. Representative Sampling 9��\ Samples collected and measurements taken, as required herein, shall be•characteristic of the volume and nature of the permitted discharge. Analytical sampling -shall beperformed during a representative storm event. Samples shall be taken on a day and time that•is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not lie}changed without notification to and approval of the Director. /J / 2. Recording Results <\ For each measurement, sample„ Inspection ormaintenance activity performed or collected pursuant to the requirements of this individual permit, th permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; The individual(s)"who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. Part Ill Page 5 of 8 Permit No. NCS000093 To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. Records Retention Visual monitoring shall be documented and records maintained at.thfacility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also•be maintained on -site. The i pennittee shall retain records of all monitoring information, including all.calibration and maintenance records and all original strip chart recordings for continuous monitoring•instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may -be extended.by request of the Director at any time. Inspection and Entry The permittee shall allow the Director, or art auth6rized'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, n authorized representative of a municipal operator or the separate storm sewer system receiving the dischargeu n,the presentation of credentials and other documents as may be required by law, to; Ill /� a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records mmus� ;kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the teens 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. AR When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report within 30 days of the end of the six-month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. Part III Page 6 of 8 Permit No. NCS000093 The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report (QMR) form provided by the Division, and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Availability of Reports Except for data determined to be confidential under NCGS 1.43 215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with t e terms shall be available for public inspection at the offices of the Division of Water Qual itj�s•rcquired by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in:NCGSNl43. 215.6B or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored irf accordance with,this'individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this infortnation,with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notibe•to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. 7. Bypass Anticipated bypass. if the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Twenty-four Hour Reporting 14 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. NCS000093 t0. 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. Other Information Where the permittee becomes aware that it failed to submit individual permit or in any report to the Director, it shall pri 24 hour reporting at the time avant facts in an application for an submit such facts or information. Part III Page 8 of 8 NCS000093 PART 1V 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 mo by the Division. Failure to pay the feeln,timely manner in.aci this Division to initiate action to revoke the,Individual Permit. 1. Act See Clean Water Act. 2. Arithmetic Mean other requirements in the IANCE MONITORING FEE fee within 30 (thirty) days after being billed with t5A NCAC 2H .0105(b)(4) may cause PARTWI 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 #lashings, 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. NCS000093 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean WateAct (CWA), as amended, 33 USC 1251, et. seq. ( / 8. Division or DWQ v The Division of Water Quality, Department of Enviro ent and Natural Resources. 9. Director /U// The Director of the Division of Water Quality, the.permit issuing authority. 10. EMC �� The North Carolina Environmental Management Commission. 11. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. 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. NCS000093 16 17 18 19 20. 21 22 23 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 § 122.26(g). Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. Permittee The owner or operator issued a permit pursuant to this individual permit. Point Source Discharge of Stormwater � �\// 17 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. % Representative Storm Event A storm event that measures greater than 0A^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,r\ `prouding a discharge begins again within the next 10 hours. IL When it is established that the dis �a"r`ge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls; the,DWQ may grant representative outfall status. Representative outfall status allows the permittee to -perform analytical monitoring at a reduced number of outfalls. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. Section 313 Water Priori1y Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA Title 111, Section 313 reporting requirements; and Part VI Page 3 of 5 Pages Permit No. NCS000093- c. That meets at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table Ill (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the CWA at 40 CFR 1 16.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 24. Severe Property Damage Means substantial physical damage to property, damage to the control,fac i I i ties which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be 11 expected to occur in the absence of a bypass. Severe propertyldamage does not mean economic loss I caused by delays in production. ! � /�\ 25. Significant Materials 7 Includes, but is not limited to: raw materials; fuels;; at als such as solvents, detergents, and plastic ii i/" 1__1i pellets; finished materials such as metallic products raw materials used in food processing or production; hazardous substances designated under section I01(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title IIIrf SARA;,fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential tolbe.released with stormwater discharges. 26. Significant Spills >— Includes, but is not limited,�o: re" leasesof oil or hazardous substances in excess of reportable quantities under section 3 I I of the Clean Water/Act (Ref: 40 CFR 110.10 and CFR 1 17.21) or section 102 of CERCLA (Ref: 40 CFR k02A)� 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmen. 28. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 30. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Part VI Page 4 of 5 Pages Permit No. NCS000093 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 Thee Clean Water.Act, Section 303, establishes the water -quality standards and TMDL programs. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1)•9f the Clean Water Act. 34. Upset � ��sr Means an exceptional incident'imwhich there is unint'entional and temporary noncompliance with technology based permit effluent I itaiions because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control' facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 35. Vehicle Maintenance Aclt/rv{r\tv� 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 Pages Bombardier Recreational Products October 23, 2006 NCDEN R — Division of Water Quality Attn: Bradley Bennett, Supervisor Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: NPDES Stormwater Permit Renewal BRP US Inc. Spruce Pine, North Carolina Mitchell County Permit Number NCS000093 Dear Mr. Bennett: BRP US Inc. 1211 Greenwood Road Spruce Pine, North Carolina USA 28777 T 828.788.1100 F 828.785.2391 www.brp.com is i I i {', I: OCT 3 0 2008 1. _. ..4- A. . .ln fj'lPJLJ V 316'q .36 r26706 The purpose of this letter is to request the renewal of Stormwater NPDES Permit NCS000093 issued to The BRP US Inc. facility located in Spruce Pine, Mitchell County. I have enclosed two copies each of the completed "Renewal Application Form", "Stormwater Pollution Prevention Plan Development and Implementation Certification" form and "Supplemental Information Request" materials. In reviewing the current permit, I would like to request the following comments be considered when renewing the permit: 1, BRP believes that methylene chloride is not used in sufficient quantity at the facility to warrant stormwater sampling. Methylene chloride has been non -detect in all samples collected, analyzed and reported since 2002. BRP requests this sampling requirement be considered for removal from the permit. 2. BRP believes sampling each quarter for the last year of the permit term is not warranted unless established permit limits are exceeded during sampling which may be required during the first three years of the permit term. BRP requests this requirement be considered for removal from the permit. 3. According to a September 14, 1993 letter to your office confirming a telephone conversation, with Mr. Bill Mills, formerly of your office, only Outfall No. 1 should be monitored for the NPDES permit. However, this is not clear in the current permit. For clarification, all stormwater associated with industrial activity flows to the facility's stormwater retention pond Ski -°°a . s a o0 with overflow from this pond discharging only to Outfall No. 1. BRP requests consideration is Evin1de Johnson Ratak Bombardier AN Page 2of2 7 given to identify, in the renewed permit, Outfall No. 1 as the stormwater discharge outfall to be monitored. trust this request and submission of information satisfies the requirements for permit renewal pursuant to the applicable North Carolina Administrative Code 15A NCAC 2H.0105(e). Should you need additional information or explanation, please contact me at (828) 766-1185. Respectfully, &%Mu Bernice Wilson Environment, Health and Safety Cc: Bill Johnson ski-000 Lynx Sea-0oo Evinrude Johnson Roiax Bombardier AN q�o�wnrFyay PERMIT COVERAGE RENEWAL APPLICATION FORM Permit Number National Pollutant Discharge Elimination System NCS000093 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 NCS000093 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections as necessary in the space provided to the right of the current information. OWNER INFORMATION Owner/Org. Name: BRP US, INC. Owner Contact: Mailing Address: Phone Number: Fax Number E-mail address: FACfLITY INFORMATION Facility Name: BRP US, INC. Facility Contact: Facility Address: 1211 GREENWOOD RD SPRUCE PINE, NC 28777 Phone Number: Fax Number E-mail address: PERMIT INFORMATION Permit Contact: Mailing Address: Phone Number: Fax Number: E-mail address: DISCHARGE INFORMATION Discharge Receiving Water: ENGI.ISH CREEK -. Stream Class: .. C Basin: Sub -Basin #: 040306 Number of outfalls: CERTIFICATION CD M o aS W. JnH&gk0hj rAiwo,op ROAD gE OC Z67771 Q -� /190 4 c , �41 - 4� _En .-F;__ M101MR-JIMM.tom s M-Warew•1. �. t I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief sucj information is true, complete and accurate. Signature'Date 10 - 7-3— Z D 0 (v Print or type name of person signing above Title Please return this completed renewal application form to: Individual Permit Renewal Attn: Mr, Mike Randall Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 SLT"LZti; ENTAL :NF4RJ�l,knO,N REQt"iRED FOA 1SE.NEWAL OF TN-Dl'i'MUAL NPDES S z OILMWATTR PERMIT !MCC p:ems a: Czch cf t: e `::Icwini s)ali acNary s:,is Sul ariiral in crd:: fcr t1'h_ cop I,-. iat,'on to be csicerzd ::lit:• (Dc net xabrn;t the c'-c Stor nwa-cr gcllutior. F, evmtioa Plan) Lnizia`:s 1. A c��c? $:tc `ds*, f*om tie Stortnwa::t Felluticn Frcrea::art Plan. 'Ll?e lacati� tsf li.:11]?tr!al activttics fircMina storage of materials, disposal areas:.,=M areal acd londing vid '+"loadin; a: errs), drainaga stra;z rv, drainage atew for cad'.. eut:alL tv0ding 1 1wit.ow sr,! shoWd be c1mrly: oted. A summary• o Aaaly� cal cri_�!g m3um daring ±c term of to e,"i i= -)rr•: iit (,f ycu- pc!rt? required analyti-mi sarnn1mg). Do not submit tndic•:d;a-� lah rapor!. The .4um ay can ccasist of s takl ircludiag :act hers as evtfal,-rr1>;.:r, perart n !a nplcu, lab res:tl:s, da-c Sant?i:d, and star'^; cvty d3,a. it A aumMiry nfihe Vinial `Aori:r,,-mS xtu:m nm wcrvt in3•rdu l tra ti_ori*.g r art:. T:nc surr=:ery ach tmaist w: a ralo inchlnz s-":i itern! a3 'mt-0411 u=r,bv, !-ar te,e:s s�!-+.�nnd. c�Fcr:aka-ts, � da_•z L"t012'�C1g rCSidL'Ct�. -4, A )umr ar.. zf I€ta Scst tla»ag Fez 7:'rscuccs utilized ar ,^C FCtr_!!Md -:}:r . Sari .ry- sr� r„ 1 cenrist cfa Anon nar.a?i�le clr+.r_Pti-on of etch B IP'! in .-is.e ci tb� fi3C l?'. the •)f a V i ;18rzed. p✓ :asc L-*C1U va -8t-x;vr describitrg an— : snTl� CYAt ;hp—,.ps in i?�:Sjsri wt aQtN'lti8t at +;ez-TLirw 5iviEct w,;;uMtt9 Cculd it. -Me We addi:icr C' delat,--n ctw•nrk. pro;:53G}: :}?1,! @5 Wt ,`trill S38Tdi:tip 1`T3CSiteS, :'F�rr_E i LH sz;a?� .CI <tCra�C 'tkiCClCs.. andtr champ.; :r. T-" a rartr mwe .* in . jzd b_, t':z ft c,-Uty. cF tha deve1cpmen: and st +ic-rreratio t c: a Stnsctl,r.:cr P.ltuticr F:comii• r, Y'lan kn- tae perm-:.-d facility (Sig-L and -Hair . a: --Ached fcr_;. * if Lhc f.-W year a!'al,A.c-1 rnorztcriz'.g o£>k c;sd .r$ p:r~+.it t--= 1!83 notbect completed pric-r to 0h7ig th. rmc,v.l aubmi7tai, then tho lad wars mositcrng resutt.4 &horld be sisar-itmd viL.' :0 Baas ofreceipt of t ! labcrat4--,v tcp: fl.c. do :tot withhold renew»i y,;cmi::ai wFiNm on lab re�ui`.c1 Rcp:4,s4vu i,c stmm. 5i:glirg rrey r_o� Jc co: e-lacted anyvirc wring :h: year (ihe Aprd i., Novrrtber 1v: id ,w hag been cl-rd1;€t - and iws re. ra;cntasive rainfill ZVcrt is ac,v Aened u a Storm C rC:t that 3mxer than 0 1 inzhes slid i! by at I=n ; L hM-q in whic', no 9t *r- cv=! 1 1eSS ��.1* ; 2ru ter tl!f!:: t',1 has necu !'■e. 9 SUPPLEMENTAL INFORMATION FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT BRP US Inc. Spruce Pine, Mitchell County Permit No. NCS000093 1. Current Site Map attached 2. Analytical Monitoring Summary attached 3. Visual Monitoring Summary attached 4. Best Management Practices Summary attached 5. Significant Changes in Industrial Activities Summary attached 6. Certification of the development and implementation of a SWPP Plan attached. 4 1 300.000 Gal. WASTE \ DISPOSAL AREA FIRE WATER STORAGE i OUTFALL No. 3 TWO (2) WATER HOUSmp \ BATH VAPORIZER PROPANE ELECTRIC OUTFALL No. 1 BOTTLE FILL SUB -STATION OUTFALL No. 2 — - r DETENTION A POND t � r)MC SPRUCE PIN O F L N. 6 PROPANE TANK FARM IT 190 - u5 PLAN f(� BULK PROPANE UN -LOAD AREA PLANT NOTES: 1. OUTFALL No. 1 RUNOFF AREA TOTAL AREA - 305.845 SO FT IMPERVIOUS = 244.418 SO FT PERVIOUS = 61.427 SO FT RUNOFF COEF = .603 2, DETENTION POND WILL HOLD A ONE INCH RAINFALL 3. OUTFALLS No. 2 & 3 RUNOFF IS FROM UNDEVELOPED AREAS. 4. OUTFALLS No. 4 & 5 ARE PART OF EMPLOYEE PARKING AREA BEAK AREA OFFICE ADDITION DUST COLLECTORS & / SAND PRE-TREATMENT 1 MAIN OYES STACK 0 P KING AREAS OUT ALL No. 5 SHIPPING & 0UTFALL No. 4 RECEIVING CATALYTIC ~ HOUSE 23,112 ACRES cn 0 mm ron OG �n cm �-0 oz xm �x mO m� c� m Ob z;a �o az za 5 BRP US Inc. Spruce Pine, Mitchell County Analytical Monitoring Summary October 2006 Permit No. NCS000093 Monitoring Schedule 10/1/01 - 9/30/05 LOCATION DATE SAMPLED PARAMETER SAMPLED ANALYTICAL RESULTS u /L TOTAL RAINFALL inches EVENT DURATION hours:minutes TOTAL FLOW MG Outfall No. 1 9/14/2002 Methylene Chloride ND <5.0 0.31 10:30 0.086 Outfall No. 1 11/24/2003 Methylene Chloride ND <0.25 0.11 7:20 0.027 Outfall No. 1 10/19/2004 Methylene Chloride ND <5.0 0.13 0:55 0.0319 Outfall No. 1 10/27/2004 Methylene Chloride ND <5.0 0.36 0:48 0.0884 Outfall No. 1 3/22/2005 Methylene Chloride ND <5.0 0.30 7:45 0.074 Outfall No. 1 6/27/2005 Methylene Chloride ND <5.0 1.60 2:15 0.393 Outfall No. 1 9/29/2005 Methylene Chloride ND <5.0 0.14 10:10 0.034 �1 BRP US Inc. Spruce Pine, Mitchell County Visual Monitoring Summary October 2006 Permit No. NCS000093 Monitoring schedule 10/1101 - 9130-05 DATE LOCATION COLOR ODOR CLARITY FLOATING SOLIDS SUSPENDED SOLIDS FOAM OIL SHEEN COMMENTS Outfall No. 1 none none clear bead none no no Outfall No. 2 none none clear none none no no 04/25/01 Outfall No. 3 none none clear none none no no Outfall No. 4 none none clear none none no slight PARKING LOT DRAINAGE ONLY Outfall No. 5 none none clear none none no no Outfall No. 6 none none clear none none no no Outfall No. 1 none none clear bead none no no Outfall No. 2 none none clear none none no no 10/15/01 Outfall No. 3 none none clear none none no no Outfall No. 4 none none clear none none no no Outfall No. 5 none none clear none none no no Outfall No. 6 none none clear none none no no Outfall No. 1 none none clear bead none no no Outfall No. 2 none none clear none none no no 05/14/02 Outfall No. 3 none none clear none none no no Outfall No. 4 none none clear none none no very light PARKING LOT DRAINAGE ONLY Outfall No. 5 none none clear none none no very light PARKING LOT DRAINAGE ONLY Outfall No. 6 none none clear none none no no Outfall No. 1 none none clear some none no no floating solids- bead, leaves Outfall No. 2 none none clear none none no no 09/14/02 Outfall No. 3 none none clear none none no no Outfall No. 4 none none clear none none no slight PARKING LOT DRAINAGE ONLY Outfall No. 5 none none clear none none no slight PARKING LOT DRAINAGE ONLY Outfall No. 6 none none clear none none no no Outfall No. 1 none none clear some none no no floating solids- bead, grass Outfall No. 2 none none clear none none no no 06/18/03 Outfall No. 3 none none clear none none no no Outfall No. 4 none none clear none none no no Outfall No. 5 none none clear none none no no Outfall No. 6 none none clear none none no no Outfall No. 1 clear none clear minimal some no slight floating solids - leaves Outfall No. 2 clear none clear none none no no 11/24/03 Outfall No. 3 clear none clear none none no no Outfall No. 4 clear none clear none none no slight PARKING LOT DRAINAGE ONLY Outfall No. 5 clear none clear none none no Ino slight PARKING LOT DRAINAGE ONLY Outfall No. 6 clear none clear none none Ino �, BRP US Inc. Spruce Pine, Mitchell County Visual Monitoring Summary October 2006 Permit No. NCS000093 Monitoring schedule 1011/01 - 9/30-05 Outfall No. 1 clear none clear minimal minimal no no floating solids - few bead Outfall No. 2 none none NA NA NA NA NA no discharge 06/24/04 Outfall No. 3 none none NA NA NA NA NA no discharge Outfall No. 4 none none NA NA NA NA NA no discharge Outfall No. 5 none none NA NA NA NA NA no discharge Outfall No. 6 none none NA NA NA NA NA no discharge Outfall No. 1 clear none clear none minimal no no Outfall No. 2 clear none clear none none no no 10/19/04 Outfall No. 3 clear none clear none none no no Outfall No. 4 clear none clear none none no no Outfall No. 5 clear none clear none none no no Outfall No. 6 clear none clear none none no no Outfall No. 1 clear none clear none minimal no no Outfall No. 2 clear none clear none none no no 03/22/05 Outfall No. 3 clear none clear none none no no Outfall No. 4 clear none clear none none no no Outfall No. 5 clear none clear none none no no Outfall No. 6 clear none clear none none no no Outfall No. 1 clear none clear none minimal no no Outfall No. 2 clear none clear none none no no 09/29/05 Outfall No. 3 clear none clear none none no no Outfall No. 4 clear none clear none none no no Outfall No. 5 clear none clear none none no no Outfall No. 6 clear none clear none none no no Outfall No. 1 clear none clear none none no no Outfall No. 2 clear none clear none none no no 04/28/06 Outfall No. 3 clear none clear none none no slight oil sheen from vegetation decom Outfall No. 4 NA NA NA NA NA NA NA no discharge Outfall No. 5 NA NA NA NA NA NA NA no discharge Outfall No. 6 NA NA NA NA NA NA NA no discharge 4. Best Management Practices Summary Best management practices at the Spruce Pine facility include good house keeping practices, preventive maintenance, considerations of materials compatibility, security measures, and employee training on pollution prevention and spill response. Good House Keeping Practices Good house keeping practices include: • maintaining a clean and orderly facility, • careful storage of drums and totes containing chemical materials, • secondary containment structures for tanks, drums and totes of chemical materials having the potential to impact stormwater discharge, • contained storage for bulk spent sand, • contained storage for metal chips and metal scrap, • covered storage for empty drums qued for recycling and, • covered storage for excess and project equipment and materials. Preventive Maintenance Preventive Maintenance practices include: • Establishing Preventive Maintenance (PM) tasks and schedules specific to equipment and pollution control devices, • Using a Maintenance Management Software (MP2) to track and document not only PM efforts but regular maintenance efforts as well, • Establishing routine inspections of equipment and pollution control devices specific to Permit requirements and/or vendor recommendations and, • Establishing monitoring requirements specific to Permit requirements and/or vendor recommendations, Materials Compatibility Materials compatibility practices include: • Careful review prior to the purchase of any new process chemicals, or materials by following the procedures established in the "New Chemical Approval Procedure", • Avoiding the reuse of any storage equipment, vessels or containers for material other than what was originally in the equipment, vessel, or container, • Consideration of coatings or cathodic protection for buried pipeline or tanks, to reduce corrosion, • Consideration of exposure to incompatible materials when storing process chemicals or relocating processes in the production areas. Security Measures Security practices include: • Exempt and maintenance personnel being responsible for maintaining a constant awareness of facility activities and personnel, All employees being aware of normal operating conditions in their respective areas and immediately reporting any abnormal operating conditions observed such as oil leaks or spills, chemical spills, unusual discharges, etc. and, All employees being aware of strangers entering the facility and immediately reporting their presence to facility management. Personnel Training Personnel training includes: • Annual SWPP Plan awareness training, • 40-hour HAZWOPER with annual refresher training for Emergency Coordinators and, • Training for affected personnel when equipment or process changes affect the SWPP Plan. F—A 5. Significant Changes in Industrial Activities 41h Qtr 2001 - Addition of CNC machines using water soluble cutting fluid 41" Qtr 2001 - Addition of chrome conversion coating process using alkaline cleaner, acidic deoxidizes, acidic chromate conversion bath and polymer seal (all water diluted in process with process wastewater discharged to Town of Spruce Pine POTW per UP Permit No. 002. 4" Qtr 2001 - Addition of porosity sealing process using methacrylate based sealant 41" Qtr 2001 - Addition of dry filter spray painting booth using high solids two-part epoxy paint/catalyst and methyl n-amyl ketone 41" Qtr 2001 - Addition of wastewater pre-treatment system using sulfuric acid, sodium metabisulfite, caustic soda liquid, aluminum sulfate and flocculant. 2"d Qtr 2004 — Replaced catalytic oxidizer with regenerative thermal oxidizer 3rd Qtr 2006 — Installed new shotblast machine and dust collector — replaced existing units 3`d Qtr 2006 — Addition of two CNC machines using water soluble cutting fluid M STORMWATER POL,LLJTION PREVENTION PLAN DEVELOPMENT AND I1�IPLEMENTATION CERTIFICATION N.C. Division of Water Quality, Stormwater and General Permits Unit Facility Name: BRP US, INC. Permit Number: NCS000093 Location Address: I211 GREENWOOD RD SPRUCE PINE, NC 28777 County: MITCHELL "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachtnents 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 Print or type name of person signing above Date [ d - Z 3 - z00 &, 1)REU0Z OF M-AdUFYcPJN6- Title SPPP Certification 2/99 of w A rFR O� QG. r � August 18, 2006 BRP US, Inc. Attn: Bernice Wilson 1211 Greenwood Road Spruce Pine, NC 28777 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Aian-W. Klimek, P.E. Director Division of Water Quality Subject: NPDES Stormwater Permit -Renewal BRP US, Inc. NCS000093 Mitchell County Dear Ms. Wilson Your facility is currently covered for stormwater discharge under NPDES Permit NCS000093. This permit expires on April 30, 2007. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit_ In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplemental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by October 30, 2007 in order for the permit to be renewed. Failure to request renewal by October 30, 2007 may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you'have any questions regarding the permit renewal procedures please contact Mike Randall of the Stormwater Permitting Unit at (919) 733-5083, ext..545. Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit cc: Central Files Stormwater Permitting Unit Files Asheville Regional Office o NCarolina Nah ma!!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 OpporlunitylAffirmative Action Employer— 50% Recycledl10% Post Consumer Paper. 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 BMCS SPRUCE PINE ATTN: ROGER CRAWFORD, OR SUCCESSOR 200 SEA HORSE DR WAUKEGAN, IL 60085 Dear Permittee: 1�• NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal BMCS Spruce Pine Permit Number NCS000093 Mitchell County Your facility is currently covered for stormwater discharge under NPDES Permit NCS000093. This permit expires on August 31, 2006. North Carolina Administrative Code (l5A 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 stormwater and -General -Permits -Unit -Files Asheville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper of WATE �0 QG 0 Y Mr. William W. Johnson BRP US, Inc. 10101 Science Drive Sturtevant, WI 53177 Dear Mr. Johnson: Michael F. Easley, Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality October 28, 2005 Subject: Permit No. NCS000093 BRP US, Inc. Formerly Bombardier Motor Corporation of America Mitchell Co. Division personnel have reviewed and approved your request to change the your name under the individual permit, received on October 17, 2005. Please find enclosed the revised Certificate of Coverage. The terns and conditions contained in the permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions, please contact the Stormwater Permitting Unit at (919) 733-5083, extension 502. Sincerely, CKLSIGNED �Y Alan W. Klimek P. E. cc: DWQ Central Files Asheville Regional Office, Water Quality Section Stormwater Permitting Unit o ` NCarolina North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.statem.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 500% Recycledl100% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT NO. NCS000093 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, BRP USJNC. is hereby authorized to discharge stormwater from a facility located at BRP US, INC. 1211 GREENWOOD ROAD SPRUCE PINE MITCHELL COUNTY to receiving waters designated as English Creek, a class C stream, in the French Broad River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I,11, III, IV, V, and VI hereof. This permit shall become effective October 28, 2005. This permit and the authorization to discharge shall expire at midnight on April 30, 2007. Signed this day October 28, 2005. ORIGINAL SIGNED BY KEN PICKLE Alan W. Klimek, Director Division of Water Quality By Authority of the Environmental Management Commission State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director February 19, 1999 J A ROSENCRANCE OUTBOARD MARINE CORPORATION 1025 GREENWOOD ROAD SPRUCE PINE, NC 28777 1 LT?WAA • �- NCDENR ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal Outboard Marine Corporation Permit Number NCS000093 Mitchell County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000093. This permit expires on August 31, 1999. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplemental information will constitute your application for renewal of your permit. The application form must be completed and returned along with all requested information within thirty days of receipt of this letter in order to constitute a timely renewal filing. Recent legislation modified the fee structure for DWQ permits. Renewal fees have been eliminated and annual fees have been changed, The new annual fee for your permit is now $715.00 (you will be invoiced later this year for your annual fee.) A copy of the new fee schedule is enclosed in this package. Failure to request renewal within the time period indicated may result in a civil assessment of at least $250.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $ I0,000 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 Asheville Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director April 20, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED ] A ROSENCRANCE OUTBOARD MARINE CORPORATION 1025 GREENWOOD ROAD SPRUCE PINE. NC 28777 Dear Permittee: 4 • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: FINAL NOTICE - NPDES Stormwater Permit Renewal Outboard Marine Corporation Permit Number NCS000093 Mitchell County Your facility is currently covered for stormwater discharge under NPDES Stormwater Permit NCS000093. This permit will expire on August 31, 1999. North Carolina General Statute 143.215.1(c) requires that an application for permit renewal be filed no later than 180 days prior to the expiration date. A prior notice of renewal was sent for this site on February 19, 1999. To date, no response has been received by the Division of Water Quality (DWQ). In order to assure your continued coverage under the NPDES Stormwater permit, you must apply to DWQ for renewal of your permit. Enclosed you will find a permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your application for renewal of your permit. The application form must be completed and returned along with all requested information by May 14, 1999 in order to assure continued coverage under the NPDES permit. Failure to request renewal by May 14, 1999 will result in a civil assessment of at least $250.00. Larger penalties may be assessed depending on the delinquency of the request_ Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $10,000 per day. If you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater and General Permits Unit at (919) 733-5083, ext. 548 Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc_ Central Files Stormwater and General Permits Unit Files Asheville Regional Office P.O. Box 29535, Raleigh, Borth Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 'Pen an r J� c ON _5�_cjp�e -p,t mme f eer" `Lake ;% _ i. i ', /I"' � 1�� d� ��� uD A e,! 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