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HomeMy WebLinkAboutNCS000368_HISTORICAL WITH APPLICATION_20180219--- STORIVIWATER-D1VISfON-CODING-SHEET-" PERMIT NO. NCs O OCJ3" DOC TYPE ❑FINAL PERMIT ❑ MONITORING INFO APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ at71 Fh b -)- I I YYYYMMDD ROY COOPER Governor i, MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. Energy, Mineral & interim Director Land Resources ENVIRONMENTAL QUALITY Februaryl� ,.�.Q1.$�vED Mr. Forrest Tunnell FEr; 19 ZU18 Powerlab, Inc. P.O. Box 913 GEI,, r-ILES Terrell, TX 75160 D1i11R SECTION Subject: NPDES Stormwater Permit Renewal Powerlab Incorporated NPDES Individual Permit No. NCS000368 Forsyth County Dear Mr. Tunnel]: Your facility was covered for stormwater discharge under NPDES Individual Permit NCS000368; however, this permit expired on December 31, 2016. To assure consideration for continuing coverage under your permit, you must apply to the Division of Energy, Mineral and Land Resources (DEMLR) for renewal of your permit. Enclosed you will find a permit Renewal Application Form, Supplemental Information request, and a Stormwater Pollution Prevention Plan Certification for your facility. You can also find this information on our website: httns:/Idea.nc.pov/about/divisions/eneriiv-mineral-land-resources/nodes-industrial- stormwater. Submitting the application form along with the requested supplemental information will constitute your application for renewal of this permit. Until your permit renewal is completed and you receive a new permit, please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. Please submit the application and supplemental information to DEMLR by March 31, 2018. Discharge of stormwater without coverage under a valid stormwater NPDES permit constitutes a violation of N.C. General Statute t43-215.1 and may result in the assessment of civil penalties up to $25,000 per day. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N. Salisbury Street f 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 919 707 9200 If you have any questions concerning this permit renewal, please contact Julie Ventaloro at telephone number (919) 807-6370 or by email julie.ventaioro@ncdenr.gov. cc: Central Files Stormwater Permitting Program Files Sincerely, (av� V4� Annette Lucas, Supervisor Stormwater Permitting Program State of North 512 N.Salisbur 919 707 9260 'ALF J A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary November 2, 2011 RECENED N.C.Dept of ENR Mr. Forrest Tunnell NOV 0 4 2011 Powerlab, Inc. P.O. Box 913 Regional Re Iona! Qftice Terrell, TX 75160 Subject: Draft NPDES Stormwater Permit Permit No. NCS000368 Powerlab, Inc. Mecklenburg County Dear Mr. Tunnell: Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: 1. Analytical monitoring parameters (Lead and pH) have been added to this permit. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then. the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 4. You are required to collect all of the analytical -and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 5. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) Wetlands and Stormwater Branch On�e.1 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Nol hCaioiina Location: 512 N. Salisbury Raleigh, North Carolina 27604 �atura!!r� Phone: 919-807-6300 l FAX:: 919-807-fi49d I Customer Servioe:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Mr. Forrest Tunnel] Powerlab, Inc. Permit No. NCS000368 7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Monitoring for TPH has replaced Oil & Grease. 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 11 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. 6. In addition to submitting two signed copies of DMRs to Central Files, a separate signed Annual Summary DMR copy must be submitted to the local DWQ Regional Office by March 1 of each year. PIease 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) 807-6379 or jennifer.jones@ncdenr.gov. cc: Winston Salem Regional Office, Ron Boone Stormwater Permitting Unit Attachments Sincerely, t. Jennifer Janes Environmental Engineer Stormwater Permitting Unit 2 NCS000368 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY NNNUMS TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELINUNATION SYSTEM In compliance with the provisions of North Carolina ral S u 143-215. 1, other lawful standards and regulations promulgated and adopted b orth Carolina Environmental Management Commission, and the Federal Water lut n ntrol Act, as amended, is hereby authoriz It is7k—ft stormwater from a facility located at owerlab, Inc 2 Old Lexington Road Winston-Salem, NC Forsyth County to receiving waters designated as a Unnammed Tributary to Salem Creek, a class C stream in the Yadkin Pee -Dee River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective January 1, 2012. This permit and the authorization to discharge shall expire at midnight on December 31, 2011 Signed this day December 15, 2011. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000368 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND L A v S FO PERMITTED ,�, DISCHARGES:. Section A: Stormwater Pollution Prevention Ph Section B: Analytical Monitoring Requir e Section C: Qualitative Monitoring R "uir e Section D: On -Site Vehicle eP Monitoring Requirements PART III STANDARD CIQNDITIQNS 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 S. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers 3. Signatory Requirements i Permit No. NCS000368 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 Out 6. Records Retent'o 7. Inspe on n .n Section E: Reporting Re ern is I. Dis arge M storing Reports 2. Su eports 3. Avai a ility of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance IL Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS M Permit No. NCS000368 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 Excl Sion from NPDES stormwater discharge permit requirements. Any owner or operator wis o obtain a No Exposure Certification must submit a No Exposure Certifcatio O o teffin Division; must receive approval by the Division; must maintain no exposur o io authorized to discharge under a valid NPDES stormwater permit; and must r p for t xposure Exclusion once every five (5) years. SECTION B: PERMITTED A Until this permit expires or is 4 stormwater to the surface waters adequately treated and managed permit. All stormwater disch;?( Any other point source di ,vdl , the permittee is authorized to discharge lina or separate storm sewer system that has been e with the terms and conditions of this individual n accordance with the conditions of this permit. waters of the state is prohibited unless it is an allowable non-stormwater d?7JWge 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 t Page i of 2 1111194a., Permit No. NCS000368 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the ysical facility and the potential pollutant sources which may be expect t - tribute to contamination of stormwater discharges. The site plan shall co tJPW02jQwiqf. (a) A general location map (USGS qua equivalent map), showing the facile and surface waters, the name of t outfall(s) discharges, or if the ' ch system, the name of the mu 1 accurate latitude and lon�it e I ap or appropriately drafted in relation to transportation routes in ater(s) to which the stormwater s a municipal separate storm sewer the ultimate receiving waters, and nt(s) of discharge. The general location map (or alternate 1, a 'te ap`)'shall identify whether each receiving water is impaired (on the s e di ist of impaired waters) or is located in a watershed for wWCMIM, PL has been established, and what the parameter(s) of concern are (b) A narrative d se - n of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must 'indicate the percentage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part 1I1, Standard Conditions, Section Part II Page i of 10 Permit No. NCS000368 B, Paragraph 3. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherev r practical, the permittee shall prevent exposure of all storage areas, materia ling operations, and manufacturing or fueling operations. 'tea w, a eli ination of exposure is not practical, the stormwater manage nt n ument the feasibility of diverting the stormwater runoff away o areas o otential contamination. (b) Secondary Containment Require s d ords. Secondary containment is required for: bulk storage of li d e ; storage in any amount of Section 313 of Title III of the Superf en ents and Reauthorization Act (SARA) water priority chemicals; sto • any amount of hazardous substances, in order to prevent a , s . 'lls contaminating stormwater runoff. A table or summary of all e an • stored materials and their associated secondary containment area b ntained. If the secondary containment devices are connected to st Ovate veyance systems, the connection shall be controlled by manually adivated vqlves or other similar devices (which shall be secured closed with a 1 � echanism), and any stormwater that accumulates in the containment -Wall 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 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. 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 Part II Page 2 of 10 Permit No. NCS000368 person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed. The program shall list all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process haul roads), all drainage features and structure program shall establish schedules of inspecti activities of stormwater control systems, as w facility systems that present a potential for st Inspection of material handling areas and Knu be incorporated into the program. Tim c inspections, maintenance, and house. p' sh, in the SPPP. is ing and unloading areas, and xi 'ng st ctural BMPs. The nt a and housekeeping facilit quipment, facility areas, and exposure or stormwater pollution. ng schedules of these areas shall Ike with the established schedules for e recorded in writing and maintained Employee Training. Trai ' g oy shall be developed and training provided at a minimum on an annual b 11 r ct y personnel with responsibilities for: spill response and cleanup, prevenVmaince activities, and for any of the facility's operations that have the potentie stormwater runoff. Facility personnel (or team) responsible for implining shall be identified, and their annual training shall be documented of each employee trained. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall Part 11 Page 3 of 10 Permit No. NCS000368 submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part If B and C of this permit. „ 9. Implementation. The permittee shall impleme shall include documentation of all monitoring activities, and training provided to employees of actions taken to implement BMPs associate vehicle maintenance activities. Such five years and made available to the ] immediately upon request. of the Plan e nspections, maintenance g tFFlog of the sampling data and industrial activities, including all be kept on -site for a period of -ctor's authorized representative Part II Page 4 of 10 Permit No. NCS000368 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. Table 1. Analytical Monitoring Requirements/ Discharge - Characteristics cteristics 4 i�P ,units `' 0096—remenvVieugencyl _. :' Sample Type2 -Sample '"LoUH60 Lead, Total Recoverable m / swtMnNat Grab SDO H standard L-an -al Grab SDO Total Rainfali4 inches a '- nnual ain Gauge - Footnotes: I Measurement Frequency: Twice 2 Grab samples shall be collected i 3 Sample Location: Samples shall status has been granted. 4 For each sampled representati ' gauge reading must be recorde $aach"�tormwater resentative storm event. utes of discharge. discharge outfall (SDO) unless representative outfall the total precipitation must be recorded. An on -site rain gauge or local rain 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-perio lt'2 SampleNumber Start End Year l — Period 1 I January 1, 2012 June 30, 2012 Year I — Period 2 2 July 1, 2012 December 31, 2012 Year 2 — Period 1 3 January 1, 2013 June 30, 2013 Year 2 — Period 2 4 July 1, 2013 December 31, 2013 Year 3 — Period 1 5 1, 2014 June 30, 2014 Year 3 — Period 2 6 -.January July 1, 2014 December 31, 2014 Year 4 — Period 1 7 January 1, 2015 June 30, 2015 Year 4 — Period 2 8 July 1, 2015 December 31, 2015 Year 5 — Period 1 9 January 1, 2016 June 30, 2016 Year 5 — Period 2 10 -July 1, 2016 December 31, 2016 Pan I1 Page 5 of 10 Permit No. NCS000368 Footnotes: 1 Maintain semi-annual monitoring during permit renewal process. If at the expiration of the Individual Permit, the permittee has submitted an application for renewal of coverage before the submittal deadline, the permittee will be considered for renewed coverage. 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 end of the six-month sampling period. The permittee shall report the analytical results from each sample 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, i rease record keeping, and/or install stormwater Best Management Practices (BMIN rogram. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analytical Discharge Characteristics �, Units mg/, ,. Benchmark. 0.03 Lead, Total Recoverable pH stan 6-9 If: The first valid sampling resultsiorre aboenchmark value, or outside of the benchmark range, for any at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the the selected actions. and the date the selected actions were Pan II Page 6 of 10 Permit No. NCS000368 AmerM If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of the benchmark range, for any specific parameter at a ,specific discharge outfall; Then: The permittee shall: I . Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values or within the benchmark range. 3. If no discharge occurs during the sampling period, Aith e t is req ired to submit a monthly monitoring report indicating "No Flow" to comply po irements. 4. Maintain a record of the Tier Two res onse in thewater Po lution Prevention Plan. During the term of this permit, if the valid samplin esu q ed for the permit monitoring periods exceed the benchmark value, or are outside the b h rk r ge, for any specific parameter at any specific outfall on four occasions, the permittee shall fy Q Regional Office Supervisor in writing within 30 days of receipt of the fourth an al r u may but is not limited to: • require that the permittee rev' n - a or decrease the monitoring frequency for the remainder of the permit; • require the permittee to ' stall str tural stormwater controls; • require the permittee t i le other stormwater control measures; or • require that the permitt ment site modifications to qualify for the No Exposure Exclusion. This site discharges to impaired waters experiencing problems with Copper, Zinc, Fecal Colifom, and Biological Integrity (Benthos and FishCom). A Total Maximum Daily Load (TMDL) has approved for this segment of Salem Creek for Fecal Colifoms and Turbidity. If a Total Maximum Daily Load (TMDL) is approved for this segment of Salem Creek for any of the above other paramers, the permittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. Part II Page 7 of 10 Permit No. NCS000368 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. 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 Requirements ,L'a./ Di�sceh'�argCharasti ccs }u ncyt Mon!ttog Color semi-annual SDO Odor semi-ann DO Clarity semi- u SDO Floating Solids se r&6 n al SDO Suspended Solids 4FENAW SDO Foam e - nual SDO Oil Sheen e i-annual SDO Erosion or deposition at the _ tfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: I Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline. the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. Part II Page 8 of 10 Permit No. NCS000368 Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge CharaCtenstics y Units Measurelnent Sampl` a `' Sample ^7. Fr�euenCr 1 T?eZ F Ln3 H standard semi-annual Grab SDO Non -Polar Oil & Grease / TPH mg/L semi-annual Grab SDO [EPA Method 1664 (SGT-HEM)] Total Suspended Solids m semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain gauge New Motor Oil Usagegallons/month semi-annual Estimate - Footnotes: I Measurement Frequency: Twice per year during a represent permit is issued for this facility or until this permit is revoke the permittee has submitted the appropriate paperwork for a permittee will be considered for a renewal application. T the renewed permit is issued. See Table 2 for schedule cycle. 2 If the stormwater runoff is controlled by a stolnIVatc pond shall be collected within the fj&ko mm& of 3 Sample Location: Samples shall be stormwater runoff from area(s) wIW 4 For each sampled representati gauge reading must be records en , each year until either another J. at the end of this permitting cycle iit before the submittal deadline, the st continue semi-annual monitoring until iods through the end of this permitting i pond a grab sample of the discharge from the from the pond. Vstormwater discharge outfall (SDO) that discharges menance activities occur. the total precipitation must be recorded. An on -site or local rain Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part R Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Clatracteristacs +a = .sUn>Efs ; _ '` `Benchmark: pH standard 6-9 Non -Polar Oil & Grease / TPH mg/L 15 [EPA Method 1664 (SGT-HEM)I Total Suspended Solids mg/L 100 Part II Page 9 of 10 Permit No. NCS000368 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 2. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished withi 12 months of the effective date of the initial permit issuance. AZ New Facilities applying for coverage for the first time Rd e to t previously permitted and applying for renewal under this permit: The Stormwate ution Pr ion Plan shall be developed and implemented prior to the beginning of discharges from o ation of the industrial activity and be updated thereafter on an annual basis. Secondary co nm specified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior t in f discharges from the operation of the industrial activity. Dutv to Comnl The permittee must comply wi al oIr of this individual permit. Any permit noncompliance constitutes a violation of the Cl W d is grounds for enforcement action; for permit termination, revocation and ssuan , or edification; or denial of a permit upon renewal application. a. The permittee st1comppIloplith standards or prohibitions established under section 307(a) of the Clean Water Acjlfo ollutants within the time provided in the regulations that establish these standards or proh ' ' ns, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25.000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2.500 to 25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. Any person may be assessed an administrative penalty by the Director for violating section 301. 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25.000. Penalties for Class II violations are not to exceed Part III Page i of 8 Permit No. NCS000368 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class It penalty not to exceed $125,000, Dutv 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 111, 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, 143-215.68. 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermor the permittee is responsible for consequential damages, such as fish kills, even though the resp tty for effective compliance may be temporarily suspended. n 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed . ecIF e _ institution of any legal action or relieve the permittee from any responsibilities, liabilities n ies which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 th e r ct, 33 USC 1321. 6, Property Rights The issuance of this individua d n convey any property rights in either real or personal property, or any exclusive privi s, d it authorize any injury to private property or any invasion of personal rights, nor any infri ement f era], State or local laws or regulations. 7. Severability The provisions of this indtMRM permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part [II Page 2 of 8 Permit No. NCS000368 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10.000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration date,n order to receive automatic authorization to discharge beyond the expiration date, theN-3 it forms and fees as are required by the agency authorized to issue permits no ]ato the expiration date. Any permittee that has not requested renewal at least 180 d, or any permittee that does not have a pernvt after the expiration and has not requeste ays prior to expiration, will be subjected to enforcement procedures as provided in N 3 USC 1251 et. seq. Transfers This permit is not transferable to any Director may require modification or incorporate such other requi is required to notify the Divisio in Signatory Requirements All applications, reports, a. All applications ,Xce afte otice to and approval by the Director. The io seance of the permit to change the name and e ary under the Clean Water Act. The Pernuttee is �Lhe event the permitted facility is sold or closed. n submitted to the Director shall be signed and certified. under this individual permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates. (2) In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent Part III Page 3 of 9 Permit No. NCS000368 responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b, of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my wledge and belief, true, accurate, and complete. 1 am aware that there are significant pe for submitting false information, including the possibility of fines and imprisonnA fo o ng violetions." 4. Indivi The issuance of this individual permit does not prohjWtheN0MWr from reopening and modifying the individual permit, revoking and reissuing the ind' r0clode terminating the individual permit as allowed by the laws, rules, and regulations co the n itl of Federal Regulations, Pans 122 and 123; Title 15A of the North Carolina mi ativ ode, Subchapter 2H .0100. and North Carolina General Statute 143-215.1 et al. Wr Permit Actions The permit may be modifiNvokeeissued, or terminated for cause. The notification of planned changes or anticipated no not stay any individual permit condition. SECTION C: OPERATION ANHWAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and Pan III Page 4 of 8 Permit No. NCS000368 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 3. 4. Representative Sampling Samples collected and measurements taken, as requii nature of the permitted discharge. Analytical sampl. event. Samples shall be taken on a day and time that taken before the discharge joins or is diluted by any Monitoring points as specified in this permit sha the Director. Recording Results For each measurement, sample requirements of this individual acteristic of the volume and rfo during a representative storm ;tic of the discharge. All samples shall be ream, body of water, or substance. without notification to and approval of nance activity performed or collected pursuant to the shall record the following information: a. The date, exact p e, and ti lEf sampling, measurements, inspection or maintenance activity; b. The individual(. w ormed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used: and f. The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. Part III Page 5 of 8 Permit No. NCS000368 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 Outfalf If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the cility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitorin res all also be maintained on -site. The permittee shall retain records of all monitoring informat' , in di all cal' ration and maintenance records and all original strip chart recordings for conti ous ni n umentation. and copies of all reports required by this individual permit for a period ast S ye om the date of the sample, measurement, report or application. This period may i ed by request of the Director at any time. Inspection and Entry_ The permittee shall allow the Director, or a th -zed presentative (including an authorized contractor acting as a representative of the Directo , in of a facility which discharges through a municipal separate storm sewer system, th ze ep ative of a municipal operator or the separate storm sewer system receiving the dis u resentation of credentials and other documents as may be required by law, to; a. Enter upon the p ittee's pr ses where a regulated facility or activity is located or conducted, or where record ust be t under the conditions of this individual permit; b. Have access to an y, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit: and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional Office in February of each year. The submittal shall be on forms supplied by the Division. Part I[I Page 6 of 8 3. 4. Permit No. NCS000368 When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the six-month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division, and shall retain the completed forms on site. Visual monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Quality 1617 Mail Service ter Raleigh, North Carolin 769 6 In addition, a separate signed Annual Summary DMR s 1 be submitted to the local DWQ Regional Office (RO) by March I of each year. � _ Addresses for each RO and the counties http://portal.ncdenr.org/web/wq/hom, Visual monitoring results should not be specifically requested by DWJ& 40 Availability of Reports IRWan be found here: ee shall retain the completed originals on site. Regional Offices or Central Files unless Except for data determinelFio be confjpRtial under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all re s prep din accordance with the terms shall be available for public inspection at the offices of the Divi,'on er Quality. As required by the Act, analytical data shall not be considered confidential. mgly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Non-Stormwater Discharges If the storm event monitored in accordance with this Individual Permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual Permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the Individual Permit requirements. Part III Page 7 of 8 Permit No. NCS000368 Sarlls The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined in Part VI of this permit. Additionally, the 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. Bynass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall subnvt notice wt n 24 hours of becoming aware of an unanticipated bypass.. iy 9. Twenty-four Hour Reporting The permittee shall report to the central office or the a n e regional office any noncompliance which may endanger health or the environment. Any infor on . provided orally within 24 hours from the time the permittee became aware of the circu ce A rzten submission shall also be provided within 5 days of the time the permittee becom aw t ircumstances. The written submission shall contain a d09ptii&W noncompliance, and its causes; the period of noncompliance, including ex tes es, tf the noncompliance has not been corrected, the anticipated time compliance is e c inue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the non It ce. The Director may waive It reM on a case -by -case basis if the oral report has been received within 24 hours. 7 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. H . Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this Individual Permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 NCS000368 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under provisions 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 paragrap�sh al contain ny other requirements in the Act then applicable. �� PART V ADMINISTERING AND COMMINIMCE MONITORING FEE The permittee must pay the administering andAr an rto oring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in elyin ante with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke th iit. ;NPAI DEFINITIONS Act See Clean Water Act. 2. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 3. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: http://cfpub.epa.gov/npdes/stortnwater/menuofbmps/index.cfm. 4. 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. 5. Bulk Stora e of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. Parts IV, V and VI Page I of 4 Permit No. NCS000368 6. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. 9, Director The Director of the Division of Water Quality, the 10, EMC The North Carolina Environmental Management 1 l . Grab Sample An individual sample collected instant qualitatively) must be taken within the 12, Hazardous Substance Any substance designated 13. Landfill A disposal facility or pa o a treatment facility, a surfa a surface storage facility. iples that will be analyzed (quantitatively or discharge. 6 pursuant to Section 311 of the Clean Water Act. facility where waste is placed in or on land and which is not a land -nt, an injection well, a hazardous waste long-term storage facility or 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR § 122.26(g) 16. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under an Individual Permit. 17, Permittee The owner or operator issued a certificate of coverage pursuant to this Individual Permit. Part V I Page 2 of 4 Pages Permit No. NCS000368 18. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 19, Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. 20. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative ou,4all status. Representative outfall status allows the permittee to perform analytical monitorm at ANeed number of outfalls. 21. Secondary Containment Spill containment for the contents of the single largest ithin the tainment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm even 22. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursu S ion 3 of Title III of the Superfund Amendments and Reauthorization Act (SARA) o 6, d the Emergency Planning and Community Right - to -Know Act of 198 , b. Is present at or above of ve - at a facility subject to SARA title III, Section 313 reporting requirements; and C. Meets at least one a fol criteria: (1) Is listed ' appendi of 40 CFR part 122 on Table 11 (organic priority pollutants). Table III (ce metals yanides, and phenols) or Table IV (certain toxic pollutants and hazard us ces); (2) Is listed azardous 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. 23. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 24. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides-, and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 1 17.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). Part VI Page 3 of 4 Pages Permit No. NCS000368 26. Stormwater Discharge Outfall (SDO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. Stormwater Associated with Industrial 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 activ . s defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activitie ided from the NPDES program. 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details mea is based on an evaluation of the pollution potential of 30. Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and water body and pollutant. (A list of appro% http://h2o.enr.state.nc.us/tmdtl) A , reduce stormwater pollution and duality standards, in all seasons, for a specific state of North Carolina can be found at 31. Toxic Pollutant Any pollutant listed as toxic un Sec ' n a)(1) of the Clean Water Act, 32, Vehicle Maintenance Acti Vehicle rehabilitation, m anical r airs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operation. Z. 33. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 34. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. PartVI Page 4 of 4 Pages L. NCS000368 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Powerlab, Inc. NPDES Permit Number: NCS000368 Facility Location: 3352 Old Lexington Road, Winston-Salem, NC (Forsyth County) Type of Activity: Product Lead Monoxide Powder for Storage Batteries SIC Code (if applicable): 2819 Receiving Streams: UT to Salem Creek: 12-94-12-(4) River Basin: Yadkin — Pee Dee River Basin, Sub -basin 03-07-04 Stream Classification: C Proposed.Permit Requirements: See attached draft permit. Monitoring Data: See Table 1 Response Requested by (Date): Oct 2, 2011 Central Office Staff Contact: Return to: Jennifer Jones, (919) 807-6379 Special Issues: Compliance history 3 Benchmark exceedance 6 Location (TMDL, T&E s ecies, etc 5 Other Challenges: 2 Difficulty Rating: 16140 Special Issues Explanation: • Lead benchmark exceedences Description of Onsite Activities: Powerlab, Inc takes lead ingots and melts them to produce a powder that will be used in battery production. Pure metallic lead is oxidize d in reactor unit to form a dry bulk powder or lead oxide. The process equipment, conveying, bulk loading, and storage hoppers are all under negative pressure. All process air and material handling equipment ventilation air is filtered by baghouses and heap filters before being exhausted to the atmosphere. All storage of raw material, processing, and storage of finished product is done inside the building. The lead ingots are unloaded from trucks or occasionally from rail cars to inside storage of all ingots. The second loading dock is used for loading the lead powder in to bulk.hopper tankers for a transport to battery manufacturers. The delivery hoses (8"- 12" diameter) are connected to the top of the hopper tankers for loading the powder. Powerlab Inc in Winston Salem, NC is a private company categorized under Lead Pigments: White Lead, Lead Oxides, Lead Sulfate. Current estimates show this company has an annual revenue of $5 to 10 million and employs a staff of approximately 10 to 19.. Page 1 of 8 NCS000368 Documents Reviewed: ✓ NPDES Stormwater Permit Application Materials ✓ National Heritage Program (NHP) Threatened and Endangered Species Database ✓ NC Sec of State ✓ SPU File ✓ Central Files ✓ TRI / Envirofacts warehouse ✓ EPA Sector -Specific Permit, 2008 ✓ 303(d) List, 2010, 2008 draft, 2006 final: ✓ 2008 Yadkin Pee -Dee Basinwide Plan History: • Date permit first issued: 3/29/2000 (monitoring quarterly in 4`h year for Lead, O&G, TSS, NM Oil & Total Flow) • Date permit re -issued: l0/1/2006 • Date permittee submitted renewal application: 6/30/2011 N22,-2of8 NCS000368 NCS000368 Map Scale 1:19,2W Figure l: Map of Facility Poweriaib, Inc. Winston-Salem, NC Latitude: 360 03' 15" N Longitude: 8V 13' 32" W County: Forsyth Receiving Stream: UT to Salem Creek Stream Class: C Sub -basin: 03-07-04 (Yadkin Pee -Dee River Basin) Facility Location Page 3 of 8 NCS000368 Central Office Review Summary: 1. Owner's Other Permits: (ll'applicable) -� a t.v ^ srPxi, ' *w Lasts information System EnvilMnmental [ntereat x + a N iln7 fofmanoa.Svstem � � 4 Data Qorce� Updited4 'F {R€ r }S; BIENNIAL REPORTERS NCR000136556 HAZARDOUS WASTE RCRAINFO 12/31/2009 BIENNIAL REPORTER NORTH CAROLINA - FACILITY IDENTIFICATION TEMPLATE 8251 STATE MASTER NC -FITS FOR STATES -1 15DA4YG000T3D84DX0KR56C7V WASTEWATER FACILITY PERMIT COMPLIANCE NCS000368 NPDES NON -MAJOR NPDES 11/042004 SYSTEM PERMIT IR TOXIC RELEASE INVENTORY TRI SYSTEM 27107PWRLS33520 TRI REPORTER REPORTING 07/01201 E FORM 2. General Observations: See other notes below. 3. Impairment: Stream impaired for Copper, Ecological/Biological Integrity (Benthos, FishCom), fecal Coliform and Zinc -- perhaps only parameter that is relevant is Ecological/Biological Integrity. TMDL has been issued for Turbidity and Fecal coliforrn — not applicable to this site. 4. Threatened and Endangered: No T&E Species found near site. 5. Location: (If applicable, i.e the facility was difficult to locate or is on the boundary of a receiving water, etc) 6. Industrial Changes Since Previous Permit: Because of business conditions, this Powerlab facility closed from March 2009-August 2010, and did not monitor. To our knowledge, this plant did not receive permission from DWQ or DWQ RO to stop monitoring at this point. During the shutdown period, two of the six lead oxide production units were removed; the remaining four are currently in operation. They have not changed their process or raw materials, and their storage practices remain the same. They state these changes have not effected stormwater runoff. Outfall 3 is "now used as process wastewater" — no discharge. 7. Analytical Monitoring Notes: Lead is consistently above benchmark values when it has been sampled. pH should have been sampled but apparently was not. No sampling took place at all during the shutdown period. See conversation notes with permittee for more information, Previous staff report indicate that Lead was a concern — perhaps especially from loading dock area, which may drain to surface waters. Additionally they were asked to sample pH because of its use in interpreting metals toxicity, but have not. Additionally, previous staff report indicates that sampling was not done for all time periods. MSGP lists Aluminum, Iron, and Nitrite -Nitrogen as testing parameters; however these are not applicable to this site. Page 4 o, 8 NCS000368 8. Qualitative Monitoring Notes: From submitted data, Qualitative monitoring appears to be exemplary in terms of quality: all color was listed as clear; Odor as none; clarity, floating solids and suspended solids were listed as "I"; No foam or oil sheen were present. Table]: Analytical Monitoring ..•�A..c- �f+wr_ -x� ".r !714�w9NYF�?!^R���?'EI�L: .. u ti^ �7 ..o , rF ro«-�.•�0-514 v,����tiq �{�a'!L^S�a?drir`1�.. ...,. r5�'iT��A�l�!�L'.. �,M'•'�4'Gt!'.4�A3�i[C'3'iF•�'rdiF^.°•`i�`.'- Sample Period Outfall Oct 1, 2006 - Nov 30, 2006 (not required) 1 Total Rainfall NR3a_f!fRy �;;y NR0',1 t :: April 1-June 30, 2047 1 6/26/2007 0.3 N3r wtrf E 3 a5}'y1 September 1, 2007-November 30, 2007 1 10/25/2007 0.48 NR April 1-June 30, 2008 1 4/28/2008 � � 0.4 NR September 1, 2007-November 30, 2008 1 9/26/2008 0.31 NRas`'�"4,3'tisW April 1-June 30, 2009 1 September 1, 2007-November 30, 2009 1 April 1-June 30, 2010 September 1, 2007-November 30, 2010 1 1 ' g2 NR ?�KNR°NRi!'• "^ NR_r*"� Ai LR April 1-June 30. 2011 1 �2/212011 0.56 N. Oct 1, 2006 - Nov 30, 2006 not required) 2 IVR '`= NR„ * NR}�{ NR:''z" April 1-June 30, 2007. 2 September 1, 2007-November 30, 2007 2 10/25/2007 April 1-June 30, 2008 2 September 1, 2007-November 30, 2008 2 9/26/2008 0.31 NR�, ';•;, ; April 1-June 30, 2009 2 September 1, 2007-November 30, 2009 2 4 �t12 April 1-June 30, 2010 2 September 1, 2007-November 30, 2010 2 NRr "NR�;:± Mai ' NR April 1-June 30, 2011 2 2/2/2011 0.56 0.5'.NMS. .s,-4,..,.�r Oct 1, 2006 -Nov 30, 2006 (not required) 3 Mfa NR1 I,� ' ti� L ,, s April 1-June 30, 2007 3 il"i� 6/26/2007 0.3 NR''y {lrk:sti �4.i` September 1, 2007-November 30, 2007 3 10/25/2007 0.48 NR + April 1-June 30, 2008 3 9 i tg, te�o ,yg,ir y r �NR : � ` NR ,. t �' 5NRi> ^; }� ?' NRr� September 1, 2007-November 30, 2008 3 iNR z b � NR c� ^ *„ l =p NR S L 5 V NR4Y , <<; �l:Y�" n •^kl�"�r ! rn'1. .i" w^At9Cea� April 1-June 30, 2009 3 algid= XA0 September 1, 2007-November 30, 2009 3�` April 1-June 30, 2010 3 `2 September 1, 2007-November 30, 2010 3 }NR � �# � 7NR NR ��NR Aprill-June 30,2D11 3 NFt,...,,yNR,►r;.a ti+' NRy Page 5 of 8 010 010 010 010 010 010 010 010 010 NCS000368 Revised Permit Recommendations: Analytical Monitoring: l . No parameters will be added or removed — however Tiered system will be in place and Lead and pH will be kept in permit. 2. pH has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. if no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No 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 lI 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: 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 lI 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 Il Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Page 6 of 8 NC5000368 Discussions with permittee: Name, Number, Datc 1. Q: Is your address still 3352 Old Lexington Road, Winston-Salem, NC? a. A: 2. Q: Can you describe your process please? a. 3. Q: Have you had any industrial changes since your last permit? a. A: 4. Q: Did you sample for pH and if not, why? If so can you please send in the data? a. A: 5. Q: Please describe what has happed to outfall 3. a. A: 6 Q: During the shutdown period, • two of fhe Slead oxide gfi Action units were•,rp? oved;; the remaijing�ur are currently in operation. Can you please`tell me more about this?. , a. A: 7. Q: Have you done anything to address the Lead benchmark exceedences? Do you think that there 's anything else you could do to address Lead exceedences with housekeeping or storage of materials? a. A: 8. Q: Do you have any idea (location or source) where the lead exceedences are coming from? a. A: 9. Q: Is there any spill possibility from mechanically loading lead oxide to the truck? a. A: 10. Q• What have you done to evaluate sources of Lead? a. A 11. Q: Have you evaluated effectiveness of site BMPs? a. A: 12. Q: Have you reviewed or updated SPPP and documented efforts to address stormwater contamination? a. A: 13. Q: Because of business conditions, this Powerlab facility closed from March 2009-August 2010, and did not monitor. Was there any personnel on the facility at this point and was any able to do enter the facility? Did this plant contact DWQ CO or DWQ RO to request or notes DWQ that they would stop monitoring at this point. a. A: 14. Q: It now says on your siteplan that the truck loading and unloading is now covered. Is that a change and if so, how recent was that? a. A: 15. Please describe the industrial activities going to each outfall.• a. Page 7 of 8 NCS000368 Recommendations: Based on the documents reviewed, the application information submitted on !:)ate sufficient to issue an Individual Stonnwater Permit. Prepared by (Signature) Date I �� U - -'V Stormwater Permitting Unit Supervisor Date it for Bradley Bennett Concurrence by Regional RO Water Quality Supervisor Date 13 S-eA'r ?►� �� Regional Office Staff Comments (attach additional pages as necessary) A,ONc k d4** �Gh A,loe se Page 8 0: 8 NCS000368 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE E IM AiATION SYSTEM In compliance with the provisions of North Carolina ral S �` 143-215.1, other lawful standards and regulations promulgated and adopted b North Carolina Environmental Management Commission, and the Federal Water�g]lut _ ntrol Act, as amended, C. is hereby authoriz 0tosrmwater from a facility lo ated at oweriab, Inc 2 Old Lexington Road Winston-Salem, NC Forsyth County to receiving waters designated as a Unnammed Tributary to Salem Creek, a class C. stream in the Yadkin Pee -Dee River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I,1I, III, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective [November 1, 2011]. This permit and the authorization to discharge shall expire at midnight on [October 31, 2014]. Signed this day [October 10, 2011 ]. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Perrnit No. NCS000368 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIAMWKA S FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention PI Section B: Analytical Monitoring Requir e " Section C: Qualitative Monitoring R uir erg Section D: On -Site Vehicle to Monitoring Requirements PART III STANDARD DITI S 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 4. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers 3. Signatory Requirements 0 l Permit No. NCS000368 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls i . 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 Out£ail 6. Records Retent'o 7. Inst)en Section E: Reporting Re em 1. Dis arge M ttoring Reports 2. Su eports 3. Avat a tlity of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS Permit No. NCS000368 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 wisbinwro obtain a No Exposure Certification must submit a No Exposure Certificati00to eth Division; must receive approval by the Division; must maintain no exposurauthorized to discharge under a valid NPDES stormwater permit; and must xposure Exclusion once every five (5) years. SECTION B: PERMITTED AC Until this permit expires or iXi led', volthe permittee is authorized to discharge stormwater to the surface walina or separate storm sewer system that has been adequately treated and manae with the terms and conditions of this individual permit. All stormwater dischin accordance with the conditions of this permit. Any other point source disd1bge! utface waters of the state is prohibited unless it is an allowable non-stormwater r 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. Pan t Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000368 NCS000368 v T. S Map Scale 1:19,2rx1 Poweriab, Inc. Winston-Salem, NC Latitude: 360 03' 15" N Longitude: 800 13' 32" W County: Forsyth Receiving Stream: UT to Salem Creek Stream Class: C Sub -basin: 03-07-04 (Yadldn Pee -Dee River Basin) Facility Location Part I Page 2 c f 2 Permit No. NCS000368 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 I11, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the ysical facility and the potential pollutant sources which may be expect d t ribute to contamination of stormwater discharges. The site plan shall co in t wi (a) A general location map (USGS quadra ap or appropriately drafted equivalent map), showing the facilit ' to in relation to transportation routes and surface waters, the name of t vin�ater(s) to which the stormwater outfall(s) discharges, or if the ' ch g '' a municipal separate storm sewer system, the name of the mu ' y the ultimate receiving waters, and accurate latitude on ' e oint(s) of discharge. The general location map (or alternati e a shall identify whether each receiving water is impaired (on the s ist of impaired waters) or is located in a watershed for w c has been established, and what the parameter(s) of concern are (b) A narrative d of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface Waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section Par[ II Page 1 or 10 Permit No. NCS000368 B, Paragraph 3. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherev r practical, the permittee shall prevent exposure of all storage areas, materia ling operations, and manufacturing or fueling operations. I . ea e ell ination of exposure is not practical, the stormwater manage nt aument the feasibility of diverting the stormwater runoff away __ areas o�otential contamination. (b) Secondary Containment Requi required for: bulk storage of li 313 of Title III of the Super Fords. Secondary containment is s; storage in any amount of Section is and Reauthorization Act (SARA) water priority chemicals; stoe any amount of hazardous substances, in order to prevent a 'lls contaminating stormwater runoff. A table or summary of all a stored materials and their associated secondary containment area tained. If the secondary containment devices are connected to st wate veyance systems, the connection shall be controlled by manually ivated Ives or other similar devices (which shall be secured closed with a echanism), and any stormwater that accumulates in the containment all 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 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. 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 Part it PLge 2 of 10 Permit No. NCS000368 person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed. The program shall list all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (incl ding material storage areas, material handling areas, disposal areas, process areas : a ing and unloading areas, and haul roads), all drainage features and structure d, ng stcturat BMPs. The program shall establish schedules of inspectia nt , and housekeeping activities of stormwater control systems, as w facilit quipment, facility areas, and facility systems that present a potential for st exposure or stormwater pollution. Inspection of material handling areas and c ng schedules of these areas shall be incorporated into the program. Tim c e with the established schedules for inspections, maintenance, and house p' s be recorded in writing and maintained in the SPPP. 5. Employee Training. Trai o shall be developed and training provided at a minimum on an annual b ct personnel with responsibilities for: spill response and cleanup, preventat' a main cd activities, and for any of the facility's operations that have the potenti o cont inate stormwater runoff. Facility personnel (or team) responsible for impl c training shall be identified, and their annual training shall be documented signature of each employee trained. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall Part 11 Rgye 3 of 10 Permit No. NCS000368 submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part 11 B and C of this permit. 3 9. Implementation. The permittee shall implemen - e Impl$Fnentation of the Plan shall include documentation of all monitorin e rem. nspections, maintenance activities, and training provided to employees, ding trog of the sampling data and of actions taken to implement BMPs associate the industrial activities, including vehicle maintenance activities. Such doc do - all be kept on -site for a period of five years and made available to the Dire t irector's authorized representative immediately upon request. 1 Part 11 Pan 4 of 10 Permit No. NCS000368 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 storm water discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. Table 1. Analytical Monitoring Requirements, � chsr ` e�sracferlstics�� .�x-G -- -.tea.. e t i que eyik _• -.F,yr r gr ``h amp e 'F a �L` ti�in Lead, Total Recoverable m L swNW4,al Grab SDO H standard ,.� .-an al Grab SDO Total Rainfal14 inches e ual ain Gauge - Footnotes: � I Measurement Frequency: Twice peO Z Grab samples shall be collected withi 3 Sample Location: Samples shall c status has been granted. 4 For each sampled representativ � ort gauge reading must be recorde ve storm event. lutes of discharge. stormwater discharge outfall (SDO) unless representative outfall the total precipitation must be recorded. An on -site rain gauge or local rain 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 r i►1© �7■n ei y��} zxti.^_.-l�i i1i:A�� rI ?0a 1-50 n -h�.f Year 1 —Period 1 1 November 1, 2011 Aril 30, 2012 Year 1 — Period 2 2 May 1, 2012 October 31, 2012 Year 2 — Period 1 3 November 1, 2012 Aril 30, 2013 Year 2 — Period 2 4 May 1, 2013 October 31, 2013 Year 3 — Period 1 5 November 1, 2013 Aril 30, 2014 Year 3 — Period 2 6 May 1, 2014 October 31, 2014 Year 4 — Period 1 7 November 1, 2014 Aril 30, 2015 Year 4 — Period 2 8 May 1, 2015 October 31, 2015 Year 5 — Period 1 9 November 1, 2015 April 30, 2016 Pan l l Pae 5 of 10 Permit No. NCS000368 Year 5 — Period 2 l 0 May 1, 2016 October 31, 2016 Footnotes: Maintain semi-annual monitoring during permit renewal process. If at the expiration of the Individual Permit, the permittee has submitted an application for renewal of coverage before the submittal deadline, the permittee will be considered for renewed coverage. 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 end of the six-month sampling period. The permittee shall report the analytical results from each sample 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 banchmark values require the permittee to increase monitoring, increase management getl install stormwater Best Management Practices (BMPs. n a descriptions of Tier One and Tier Two. Table 3. Benchmark Values for An rease record keeping, and/or roam. See below the Lead, Total Recoverable I mp[L-,f Z 0.03 1 If: The first valid sampling resuWX are abo. a benchmark value, or outside of the benchmark range, for any parameter at anZ outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection. the selected actions. and the date the selected actions were implemented. Part "I Page 6 of 10 Permit No. NCS000368 If. During the term of this permit, the first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of the benchmark range, for any specific parameter at a ific discharge outfall; Then: The permittee shall: I . Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values or within the benchmark range. ,x .,41 3. If no discharge occurs during the sampling period, t el. e is req ired to submit a monthly tea. monitoring report indicating "No Flow" to comply. ith po .;: irements. 4. Maintain a record of the Tier Two response in the water Pollution Prevention Plan. During the term of this permit, if the valid sampli exceed the benchmark value, or are outside the b outfall on four occasions, the permittee shall n 30 days of receipt of the fourth anabal r • require that the permittee of the permit; • require the permittee to • require the permittee tcis • require that the permitt TiVg'rfed for the permit monitoring periods c r ge, for any specific parameter at any specific Q Regional Office Supervisor in writing within may but is not limited to: decrease the monitoring frequency for the remainder I stormwater controls; other stormwater control measures; or it site modifications to qualify for the No Exposure Exclusion. This site discharges to impaired waters experiencing problems with Copper, Zinc, Fecal Colifom, and Biological Integrity (Benthos and FishCom). A Total Maximum Daily Load (TMDL) has approved for this segment of Salem Creek for Fecal Colifoms and Turbidity: If a Total Maximum Daily Load (TMDL) is approved for this segment of Salem Creek for any of the above other paramers, the permittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. Part H Page 7 o; 10 Permit No. NCS000368 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. 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 Requirements A,/ chacge��h>li#a�teris>ttes� � en :-� rNJlanitong��., Color semi-annual SDO Odor semi-ann DO Clarity semi- I u SDO Floating Solids se al SDO Suspended Solids SDO Foam N s e ual SDO Oil Sheen i-annual SDO Erosion or deposition at the tfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: l 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 revolted 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 areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. Part 11 Pale 8 of 10 Permit No. NCS000368 Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance 4D scha3ge b; cteisHcsFnis7Measute�mt# ~;Sainpleampte `. en T "` ? )�vc=oi H standard semi-annual Grab SDO Non -Polar Oil & Grease / TPH mg/L semi-annual Grab SDO EPA Method 1664 (SGT-HEM) Total Suspended Solids m semi-annual Grab SDO Total Rainfal14 inches semi-annual Rain gauge New Motor Oil Usagegallons/month semi-annual Estimate - Footnotes: l Measurement Frequency: Twice per year during a represent permit is issued for this facility or until this permit is revoke the permittee has submitted the appropriate paperwork for a per-mittee will be considered for a renewal application. T the renewed permit is issued. See Table 2 for sched>AY cycle. 2 if the stormwater runoff is controlled by a pond shall be collected within the 4A.10 1 3 Sample Location: Samples shall be stormwater runoff from area(s) whp 4 For each sampled repr, gauge reading must be of Veach year until either another at end of this permitting cycle it before the submittal deadline, the t continue semi-annual monitoring until ads through the end of this permitting i pond a grab sample of the discharge from the from the pond. stormwater discharge outfall (SDO) that discharges lance activities occur, the total precipitation must be recorded. An on -site or local rain Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part 11 Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring PH standard 6-9 Non -Polar Oil & Grease / TPH [EPA Method 1664 {SGT-HEM}1 mg/L 15 Total Suspended Solids mg/L 100 Part 11 Pa=,e 9 of 1 0 Permit No. NCS000368 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 2. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished withinA 2 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time de ' in 'tie previously permitted and applying for renewal under this permit: The Stormwate' + _ ution Pr+ett on Plan shall be developed and implemented prior to the beginning of discharges from ation of the industrial activity and be updated thereafter on an annual basis. Secondary conta_inm _ pecified in Part I I, Section A, Paragraph 2(b) of this permit shall be accomplished prior to - in f discharges from the operation of the industrial activity. Duty to Comply The permittee must comply wi on of this individual permit. Any permit noncompliance constitutes a violation of the C1 r and is grounds for enforcement action; for permit termination, revocation and r suan odification; or denial of a permit upon renewal application. a. The permittee sh" comply ith standards or prohibitions established under section 307(a) of the Clean Water A = ollutants within the time provided in the regulations that establish these .standards or proh � ns, 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 S2,500 to 25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed S10,000 per violation with the maximum amount not to exceed S 125,000. [Ref Section 309 of the Federal Act 33 USC 13 19 and 40 CFR 122.41(a). ] Under state law, a daily civil penalty of not more than ten thousand dollars (S 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 S25,000. Penalties for Class 11 violations are not to exceed Part 11 PaRe l of 8 Permit No. NCS000368 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the respAibility for effective compliance may be temporarily suspended. sr 5. Oil and Hazardous Substance Liabft Nothing in this individual permit shall be construed If the permittee from any responsibilities, liabilities under NCGS 143-215.75 et seq. or Section 311_pfth 6. Property Rights The issuance of this in, property, or any exclus personal rights, nor an, 7. Severability hie institution of any legal action or relieve which the permittee is or may be subject to , 33 USC 1321. )nvey any property rights in either real or personal authorize any injury to private property or any invasion of State or local laws or regulations. The provisions of this indififfinKpermit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for TarrigEng The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part 'I I Page 2 of 8 Permit No. NCS000368 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 line of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration date In order to receive automatic authorization to discharge beyond the expiration date, the erm tk, stall submit forms and fees as are required by the agency authorized to issue permits no la ha pri to the expiration date. Any permittee that has not requested renewal at least 180 darks prt�r to ex�or any permittee that does not have a permit after the expiration and has not requeste wal at le 0 days prior to expiration, will be subjected to enforcement procedures as provided in N§43-215.36 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any Director may require modification or incorporate such other requires tsY� required to notify the Divisio SigLiatoRequirements All applications, reports, a. All applications &aftegffiotice to and approval by the Director. The Vary nuance of the permit to change the name and under the Clean Water Act. The Permittee is e event the permitted facility is sold or closed. submitted to the Director shall be signed and certified. under this individual permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent Part III Page 3 of 8 Permit No. NCS000368 responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant pe for submitting false information; including the possibility of fines and imprisonmlAh fore,__ingvioJptions." The issuance of this individual permit does not individual permit, revoking and reissuing the it allowed by the laws, rules, and regulations con; and 123; Title 15A of the North Carolina General Statute 143-215.1 et al. Permit Actions The permit may be me changes or anticipated SECTION C: OPERATION Proper Operation and Maintenance or from reopening and modifying the nr terminating the individual permit as , Code of Federal Regulations, Parts 122 Subchapter 2H .0100; and North Carolina issued, or terminated for cause. The notification of planned not stay any individual permit condition. NANCE OF POLLUTION CONTROLS The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and Part 1 i 1 Page 4 of 8 Permit No. NCS000368 b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part 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 1. Representative Sampling Samples collected and measurements taken, as required ere'/Isha � teristic of the volume and nature of the permitted discharge. Analytical sampling- be perfori d during a representative storm event. Samples shall be taken on a day and time that i547 ristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any otr w�s earn, body of water, or substance. Monitoring points ass specified in this permit sha han "$ without notification to and approval of the Director. 2. Rec rding Results For each measurement, sample, ctie paunaintenance activity performed or collected pursuant to the requirements of this individual ., u ittee shall record the following information: a. The date, exact pile, and ti -6f sampling, measurements, inspection or maintenance activity; b. The individual(a ormed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. Part III Pa-e 5 of R Permit No. NCS000368 To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. Records Retention Visual monitoring shall be documented and records maintained at the cility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitorin res all also be maintained on -site. The permittee shall retain records of all monitoring informati , ink'= Wall calibration and maintenance records and all original strip chart recordings for conti ous n�rumentation, and copies of all reports required by this individual permit for a period as t 5 ye om the date of the sample, measurement, report or application. This period may b ed by request of the Director at any time. Inspection and Entry The permittee shall allow the Director, or a . th zed presentative (including an authorized contractor acting as a representative of the Director in of a facility which discharges through a municipal separate storm sewer system, th epr ative of a municipal operator or the separate storm sewer system receiving the dis u resentation of credentials and other documents as may be required by law, to; a. Enter upon the p ittee's pr ses where a regulated facility or activity is located or conducted, or where record ust be t under the conditions of this individual permit; b. have access to an y, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS 1. Discharge Monitoring, Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional Office in February of each year. The submittal shall be on forms supplied by the Division. Part III Pa.,e 6 of 8 Permit No. NCS000368 2. 4. 6. 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 FLAW" as per NCAC T 15A 02B .0506. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division, and shall retain the completed forms on site. Visual monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Quality 1617 Mail Service ter Raleigh, North Carolina- _ 769� 6 In addition, a separate signed Annual Summary DMR Office (RO) by March I of each year. Addresses for each RO and the counties http://portal.nedenr.org/web/wq/hom Visual monitoring results should not be specifically requested by DwA& A Availability of Reports I be submitted to the local DWQ Regional an be found here: ee shall retain the completed originals on site. Regional Offices or Central Files unless Except for data determined; fo be con7aiitial under NCGS t43-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reIWiny din accordancewith the terms shall be available for public inspection at the offices of the DiviQuality.A5 required by the Act, analytical data shall not be considered confidential.aking any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. Non-Stormwater Discharges If the storm event monitored in accordance with this Individual Permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the Individual Permit or subject to notification requirements under 40 CFR Part 122.42 (a). Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the Individual Permit requirements. Part I l i Page 7 of 8 Permit No. NCS000368 8. Spills The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined in Part VI of this permit. Additionally, the 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. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice wit n 24 hours of becoming aware of an unanticipated bypass. Twenty-four Hour Reporting The permittee shall report to the central office or the may endanger health or the environment. Any info the time the permittee became aware of the circuaim within 5 days of the time the permittee becomVawa The written submission shall contain a noncompliance, including ex tes anticipated time compliance is e prevent reoccurrence of the non 3 regional office any noncompliance which Op provided orally within 24 hours from tten submission shall also be provided noncompliance, and its causes; the period of if the noncompliance has not been corrected, the and steps taken or planned to reduce, eliminate, and The Director may waive thdwritten t on a case -by -ease basis if the oral report has been received within 24 hours. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Other Information Where the pennittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this Individual Permit or in any report to the Director, it shall promptly submit such facts or information. Part L I Pagc 8 of 8 NCS000368 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under provisions of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this Act then applicable. PART V ADMINISTERING AND REQUIR o contain. any other requirements in the E MONITORING FEE The pertnittee must pay the administering and com0anc4,jnovF 4 oring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in " ely rtt r in CY ance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke th id it. PA I DEFINITIONS 1. Act See Clean Water Act, 2. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. Best Management Practices BMPs Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: http:l/cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm. 4, Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple -above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. Parts :V, V and VI Page I of 4 Permit No. NCS000368 6. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DW The Division of Water Quality, Department of Environment and Natural Resources. 4. Director The Director of the Division of Water Quality, the l0. EMC The North Carolina Environmental Management I. Grab Sample An individual sample collected instant qualitatively) must be taken within the 12. 13 14. Hazardous Substance Any substance designate( Landfill A disposal facility or par treatment facility, a surfa a surface storage facility. aples that will be analyzed (quantitatively or discharge. 6 pursuant to Section 311 of the Clean Water Act. lity where waste is placed in or on land and which is not a land to injection well, a hazardous waste long-term storage facility or Municipal Separate Storm Sewer S sy tem A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR § 122.26(g) 16. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under an Individual Permit. 17. Permittee The owner or operator issued a certificate of coverage pursuant to this Individual Permit. Pa, t V l F age 2 of 4 Puges Permit No. NCS000368 18, Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 19. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. 20. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outf status. Representative outfall status allows the permittee to perform analytical monitoring at tutted number of outfalls. 21. Secondary Containment Spill containment for the contents of the single largest freeboard to allow for the 25-year, 24-hour storm ever 22. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 purs Reauthorization Act (SARA) o to -Know Act of 198 in the`�etmtainment structure plus sufficient 3 of Title III of the Superfund Amendments and the Emergency Planning and Community Right- b. Is present at or above oI at a facility subject to SARA title 111, Section 313 reporting requirements; and C. Meets at least one a fol criteria: (1) Is listed ' appendi of 40 CFR part 122 on Table II (organic priority pollutants), Table 1I1 (ce metals yanides, and phenols) or Table IV (certain toxic pollutants and hazard ces); (2) Is listed azardous substance pursuant to section 31 1(b)(2)(A) of the C W A at 40 CFR t 16.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 23. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by'delays in production. 24. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Si nifrcant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.2 l) or section 102 of CERCLA (Ref 40 CFR 302.4). Port VI Page 3 of rages Permit No. NCS000368 26. Stormwater Discharge Outfall-(SDO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. Stormwater Associated with [ndustrial 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 activt s defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activitiesded from the NPDES program. 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details mea is based on an evaluation of the pollution potential of 30. Total Maximum Daily Load ( MDL) TMDLs are written plans for attaining and ma' ain' water body and pollutant. (A list of approv 1 M s http://h2o.enr.state.ne.us/tmdo reduce stormwater pollution and quality standards, in all seasons, for a specific state of North Carolina can be found at 31. Toxic Pollutant Any pollutant listed as toxic un %Wn a)(1) of the Clean Water Act. 32. Vehicle Maintenance Acti Vehicle rehabilitation, m anical r airs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operation 33. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 34. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to,be equaled or exceeded, on the average, once in 25 years. Parl VI Page 4 of 4 Pages /Z,:1,..s NCDENR North Carolina Department of Environment and Natural Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director July 13, 2011 Mr. Forrest Tunnell, Executive Vice President Powerlab Inc. P.O. Box 913 Terrell, TX 75160 Dear Mr. Tunnell: Resources Dee Freeman RECEIVED N,C. Dept of ENR JUL 1,8 2011 Winston-Salem Regional Office Subject: NPDES Permit Renewal Application Powerlab Incorporated Permit Number NCS000368 Individual Stormwater Permit Forsyth County The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000368 on June 30, 2011. We anticipate beginning the review of your permit applicatiop within the next month. 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) 807-6379, jennifer.jones@ncdenr.gov. cc: Winston-Salem Regional Office, Cory Basinger Stormwater Permitting Unit Files Central Files Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919.807.63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal opportunity V Affirmative Action Employer Sincerely, L75ZF� Jennifer Jones Environmental Engineer Storm.water Permitting Unit Nne orthCarolina Naturally Beverly Eaves Perdue Governor BE KA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Don Rabon Powerlab Inc PO Box 913 Terrell, TX 75160 Dear Permittee: Director RECEIVED N,C. I]eot. o! c V� February 9, 2011 FEB 1 0 �011 wsicn-s� Reg;ono' c" ce Subject: NPDES Stormwater Permit Coverage Renewal Powerlab Incorporated Permit Number NCS000368 Forsyth County Dee Freeman Secretary Your facility is currently covered for stormwater discharge under NPDE5 Permit NC5000368. This permit expires on September 31, 2011. To assure consideration for continued coverage under your individual permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. Enclosed you will find an individual permit Renewal Application Form, Supplemental Information request, and Stormwater Pollution Prevention Plan Certification for your facility. Filing the application form along with the requested supplemental information will constitute your application for renewal of this permit. Until your permit renewal is completed and you receive a new permit, please continue to comply with all conditions and monitoring requirements in your expired NPDE5 stormwater permit. The application and supplement must be completed and returned to DWQ by April 15 2010. Failure to request renewal within this time period will result in delay of your permit renewal and may result in a civil assessment. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding permit renewal procedures please contact Brian Lowther of the Stormwater Permitting Unit at (919)-807-6368 or brian.lowther@ncdenr.gov. Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit Cc: Central Files SPU Files Winston Salem Regional Office 1617 Mait Service Center, Ralei h,'North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Rhone: 919-807-63001 FAX: 919-807-6492 4 Customer Service; 1-877-623-6748 Internet wwwmcwaterquality.org An Equal Opportunity 1 AlSrmative Action Employer Nne oirthCarolina ,lYatul-ally Permit Coverage Renewal Application Form National Pollutant Discharge Elimination System Permit Number Stormwater Discharge Permit NCS000368 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation Information Owner / Organization Name: Owner Contact: Mailing Address: Phone Number: Fax Number: E-mail address: * Reissued Permit will be mailed to the owner address Powerlab Inc Don Rabon PO Box 913 Terrell, NC 75160 (972) 563-1477 Facility/Permit Contact Information Facility Name: Powerlab Incorporated Facility Physical Address: 1772 Trueblood Rd Weldon, NC 27890 Facility Contact: Carl Comstock Mailing Address: Phone Number: Fax Number: E-mail address: Discharge Information Receiving Stream: Stream Class: Basin: Sub -Basin: Number of Outfalls 3352 Old Lexington Rd Winston Salem, NC 27107 (336) 650-0706 Salem Creek (Middle Fork Muddy Creek) C Yadkin River Basin 03-07-04 Impaired Waters/TMDL Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? 0 Yes ❑ No ❑ Don't Know ( for information on these waters refer to http.//h2o.enr.state.nc.us/su/Impaired Waters TMDL/ ) CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature Print or type name of person signing above Date Title Please return this completed renewal application form to: Stormwater Permitting Unit Attn: Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Don Rabon Powerlab Inc PO Box 913 Terrell, TX 75160 Dear Permittee: Division of Water Quality Coleen H. Sullins Director February 9, 2011 Subject: NPDES Stormwater Permit Coverage Renewal Powerlab Incorporated Permit Number NCS000368 Forsyth County Dee Freeman Secretary Your facility is currently covered for stormwater discharge under NPDES Permit NCS000368. This permit expires on September 31, 2011. To assure consideration for continued coverage under your individual permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. Enclosed you will find an individual permit Renewal Application Form, Supplemental Information request, and Stormwater Pollution Prevention Plan Certification for your facility. Filing the application form along with the requested supplemental information will constitute your application for renewal of this permit. Until your permit renewal is completed and you receive a new permit, please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. The application and supplement must be completed and returned to DWQ by April 15, 2010. Failure to request renewal within this time period will result in delay of your permit renewal and may result in a civil assessment. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding permit renewal procedures please contact Brian Lowther of the Stormwater Permitting Unit at (919)-807-6368 or brian.lowther@ncdenr.gov. Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit Cc: Central Files SPU Files Winston Salem Regional Office 1617 Mail Service Center, Rateigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27504 Phone: 919-807-63001 FAX: 919-807-6492 `Customer Service: 1-877-623-6748 Internet: www.ncwaterqual4.org Rn Equal ppporlunily 4 Affirmative Action Employer No thCaroli na .Natin-ally Permit Coverage "Dll1CQ= Renewal Application Form -•.d National Pollutant Discharge Elimination System Permit Number Stormwater Discharge Permit NC5044368 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation Information *Reissued Permit will be mailed to the owner address Owner / Organization Name: Powerlab Inc Owner Contact: Mailing Address: Phone Number: Fax Number: E-mail address: Don Rabon PO Box 913 Terrell, NC 75160 (972) 563-1477 Facilitv/Permit Contact Information Facility Name: Powerlab Incorporated Facility Physical Address: 1772 Trueblood Rd Weldon, NC 27890 Facility Contact: Carl Comstock Mailing Address: Phone Number: Fax Number: E-mail address: Dischar4e Information Receiving Stream: Stream Class: Basin: Sub -Basin: Number of Outfalls: 3352 Old Lexington Rd Winston Salem, NC 27107 (336) 650-0706 Salem Creek (Middle Fork Muddy Creek) C Yadkin River Basin 03-07-04 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.//h2c. enrstate.nc. us/su/Impaired Waters TMDL/ ) CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature Print or type name of person signing above Date Title Please return this completed renewal application form to: Stormwaterr-Permitting Unit Attn: Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 PowERLAb June 27, 2011 Mr. Bradley Bennett Stormwater Permitting Unit North Carolina Department of Environment and Natural Resources Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Dear Mr. Bennett: Please find attached Powerlab's renewal application package for our stormwater discharge permit NCS000368. I apologize for this application not being summited on time. As I explained by telephone to Brian Lowther of your office, Donald Rabon, who did the environmental reporting for our company, passed away unexpectedly last November. I have been filling in in this capacity, and the letter from you concerning this renewal was overlooked. Our North Carolina facility was shut down in March of 2009 due to business conditions, and was reopened in August of 2010; therefore, there is no data for this shutdown period. As I have said, I am handling the responsibility for environmental reporting until Mr. Rabon is replaced. If there are questions concerning this application, please contact me: phone (972)563-1477, extension 30, email frosty@poweriabinc.com. Sincerely, Forrest Tunnell Executive Vice President Powerlab, Inc. I u_fDENR _ UVATER. POWERLAB, INC. • P.O. BOX 913 • TERRELL, TEXAS 75160 • TELEPHONE 9721563-1477 • FAX: 972/563-8473 HCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 13, 2011 Mr. Forrest Tunnel], Executive Vice President Powerlab Inc. P.O. Box 913 Terrell, TX 75160 Subject: NPDES Permit Renewal Application Powerlab Incorporated Permit Number NCS000368 Individual Stormwater Permit Forsyth County Dear Mr. Tunnell: The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000368 on June 30, 2011. We anticipate beginning the review of your permit application within the next month. 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 Laken place at this facility since you submitted the renewal package. If you have any questions about this matter, please contact me at (919) 807-6379, jennifer.jones@ncdenr.gov. cc: Winston-Salem Regional Office, Cory Basinger Stormwater Permitting Unit Files Central Files Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748 Internet: www.ncwaterqualit .org An Equal Opportunity 1 Affirmative Action Employer Sincerely, Jennifer Jones Environmental Engineer Stormwater Permitting Unit NonrthCarohna Aatumlly SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: (Do not submit the site Stormwater Pollution Prevention Plan) Initials 1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. 2. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. i 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. 4. A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP's. �5. A short narrative describing any significant changes in industrial activities at the . permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. � 6. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) JUN 3 0 2011 DENR . WA R iatla� , OUTFALLS LATITUDE: 36 03 24 LONGITUDE: 80 13 45 Figure 3-1 NORTH Site Location ED POWERLAB IT CORPORATION t Winston-Salem, NC. SECTION C: LOCATION MAP Permit No. NCS000368 •}� fq ��LJ/ �3� N,1 g a h �,.,,,��..����.;�� "� I ~ �P fie` h � r4 � .�.. � ��.i�'"•�=.t F ;� � hj !+ phi .t t�ti '1 • • r f. �. �z�• 9 .S, tJr �it �JS - tit �. � �•, Lwk„ 1 � i,: g`5 i- .`�/ ->s`;+ciLr t�-1� �'~� r:l �,j•i�r �1 '�"•;��.h Vift L` :;�'j' -� Ui r F ��4 slr ram* �� • ' ` '.. �7$ -� i . s. a 3s t w '•j ..• .'s • ,, . •ti1��.• s. •fit\ � -• � � ��..h � r �S � - �{ � �s • ��V3=�-1. ti n t fir` 3 �}• • .1 M�.� �; � � "Tt r•.�1 1 :i'it<`i F'C,ys 'J ]tt}��j Latitude: 36°03'24" NCS000368 Longitude: 80°13'45" County: Forsyth Powerlab, Inc. Stream Class: C Receiving Stream: UT to Salem Creek ir­ ub-basin: 03-07-04 (Yadkin -Pee Dee River Basin) Powerlab, Inc. Facility' Location Jad:� [No�tt%t :CALF 1:24,440 Part I Page 2 of 2 • • Y ' .OUTFAL� #2: y�•: �T-ili d&Drainaq .." Ditch, jd'`\ . Grated Drain P ; arlcing areas' � 'car pnr��lo IM UTFAL_L #'I ~� �grated_drain a- iiLililiiLLilUlJ.1iL� _ Old Outfall ROO #3 Stormwater is now used faGE n4 ,«as rocess Powerlab, I , x er Truck NO DISCHARGE Plant ,,.9 Re�� 4.,& - - w (All Storage and Covered Truck Manufacturing __ _ __ po_.,, Loading and inside building) tAWV�r ne,Unloading #W'" SA" New Building (2004) ruikos �x,lT�4 Cswar t V jr--- yr• � _ _' � � - � . `: r . �` = • ` + Figure 3-2 Plant Layout Powerlab, Inc. 3352 Old Lexington Rd Winston-Salem, NC 27107 Stormwater Permit: NC5000368 Summary of Analytical Monitoring 2007 — 2011 OUTFALL DATE SAMPLED TTL RAINFALL DURATION LEAD mg/I 1 6/26/07 .30 180 min. C0 0473 2 6/26/07 .30 180 min. <0.01 3 6/26/07 .30 180 min. C0:05-D 1 10/25/07 .48 720 min. CqL.12D 2 10/25/07 .48 720 min. (::0'.603 3 10/25/07 .48 720 min. t0_883 1 4/28/08 .40 240 min. C093a 2 4/28/08 A0 240 min. C.5681 1 9/26/08 .31 540 min. G093__1 2 9/26/08 .31 540 min. C7.23i 1 2/2/11 .56 240 min. C,0,:58: 2 1 2/2/11 .56 1 240 min. r0:50 Powerlab, Inc. 3352 Old Lexington Rd Winston-Salem, NC 27107 Stormwater Permit: NCS000368 Semi -Annual Visual Monitoring 2007 — 2011 FLOATING SUSPENDED OIL OUTFALL DATE COLOR ODOR CLARITY SOLIDS SOLIDS FOAM SHEEN 1 6/26/07 Clear None 1 1 1 No No 2 6/26/07 Clear None 1 1 1 No No 3 6/26/07 Clear None 1 1 1 No No 1 10/25/07 Clear None 1 1 1 No No 2 10/25/07 Clear None 1 1 1 No No 3 10/25/07 Clear None 1 1 1 No No 1 4/28/08 Clear None 1 1 1 No No 2 4/28/08 Clear None 1 1 1 No No 1 9/26/08 Clear None 1 1 1 No No 2 9/26/08 Clear None 1 1 1 No No 1 2/2/11 Clear None 1 1 1 No No 2 2/2/11 Clear None 1 1 1 No No Powerlab, Inc. 3352 Old Lexington Road Winston-Salem, NC 27107 Stormwater Permit: NCS000368 Summary of Best Management Practices Good Housekeeping Powerlab practices good housekeeping measures to maintain a clean and orderly work environment. A plant meeting is conducted every month in which good housekeeping practices are discussed. At Powerlab, every employee has a job description, which defines the activities he has to perform. Good housekeeping is a part of every employee's job description and is practiced daily. Operation and Maintenance - These practices ensure that processes and equipment are working well. • Conduct operations indoors so the potential for any oil drips and/or fuel oil leaks to enter the storm water system have been minimized; • Routine vehicle maintenance is performed off site by trained automotive technicians; • Maintain clean and dry floors by using brooms, shovels, vacuum cleaners, and cleaning machines; • Regular pickup and disposal of garbage and recycled material; • Make sure equipment (especially the pressurized conduit system) is working properly; • Routinely inspect for leaks or conditions that could lead to discharges of chemicals; • Routinely inspect for contact of storm water with raw materials or finished products; • Ensure that employees understand spill cleanup procedures. Material Storage Practices - Improper storage can result in the release of materials or chemicals that can cause storm water runoff pollution. Proper storage techniques implemented at Powerlab's facility include: • Providing adequate space to facilitate material transfer and easy access for inspections; Page 1 of 4 • Storing containers, drums, and bags away from direct traffic routes to prevent accidental spills; • Stacking containers according to manufacturers' instructions to avoid damaging the containers; • Storing containers indoors on pallets or similar devices to prevent corrosion of the containers, which can result when containers come in contact with moisture on the ground; • Assigning the responsibility of hazardous materials inventory to a limited number of people who are trained to handle hazardous materials. Material Inventory Procedures - The Powerlab facility maintains an active list of all chemical substances authorized/on-hand for the facility/workplace. Material Safety Data Sheets (MSDS) for each chemical substance are also stored onsite and available for employees. Some additional procedures implemented include: • Label all containers to show the name and type of substance, stock number, expiration date, health hazards, suggestions for handling, and first aid information; • Clearly mark all hazardous materials that require special handling, storage, use, and disposal considerations. Employee Participation - Frequent and proper training of employees in good housekeeping techniques reduces the possibility that the chemicals or equipment will be mishandled. Motivating employees to reduce waste generation is another important pollution prevention technique. Some methods employed for involving employees in good housekeeping practices: • Employees must keep themselves and their uniforms as free of dust as possible. They are not to walk outside the plant with dirty plant shoes, as this could contaminate the ground. Employees must vacuum the dust from their person and uniform before entering the locker room and whenever necessary. • Employees must shower before they leave the plant and place dirty clothes and safety equipment in assigned dirty lockers at the plant. • Incorporate information sessions on good housekeeping practices into the facility's employee training program; • Discuss good housekeeping at employee meetings. Page 2 of 4 Preventive Maintenance Preventive maintenance measures are conducted on equipment to decrease the occurrence of mobile and stationary equipment spills. A list of measures implemented at the Powerlab facility are identified below: • Qualified maintenance personnel or machine operators, who evaluate the adequacy of the equipment and make recommendations for repairs and improvements, conduct preventative maintenance on equipment. Inspections of drums, pumps, and fittings are conducted on a regular basis to identify leaks or defects, that might lead to a spill. • Adjustments, repairs, or replacements of equipment are conducted as needed. • Parking lots are inspected on a regular basis to detect spills or potential spill sources. • The Facility Maintenance Supervisor maintains complete records on inspections, . equipment, and systems. These records are kept with other visual inspection records. • Powerlab maintains a well -lighted site with a secure fence around the perimeter in order to keep unauthorized personnel out. Inspections Routine inspections are conducted of the finished and unfinished product storage area, chemical storage area, load inglunloading area, waste management areas, equipment storage area, and maintenance areas. Spill Prevention and Response Spill prevention is a major goal of Powerlab. To avoid possible accidental spills, equipment is placed inside a covered building. The only possibility of spill is of an oil spill from the trucks or material spill while loading or unloading. Trucks are loaded or unloaded only when parked on a concrete driveway so that no chemical percolates in the soil if spilled. Spill response equipment, is kept ready for use at all times. Employees have been educated about spill cleaning methods in the routine plant meetings. The only materials loaded on trucks are dross and other lead -contaminated materials, which are kept in labeled drums totally enclosed from all sides, and lead oxide, which is mechanically conveyed to a totally enclosed truck. Lead is the only material unloaded. It is not a hazard to the storm water runoff even if spilled, because it is in solid metal form. All chemicals received at Powerlab are in manufacturers' packing, which is usually in airtight containers. Page 3 of 4 Sediment and Erosion Control All areas exposed to storm water are either paved, or have grass/shrubs growing. Additionally, there are no significant changes in elevation throughout the site to cause storm water velocity problems. Page 4 of 4 Powerlab,lnc. 3352 Old Lexington Road Winston-Salem, NC 27107 Stormwater Permit: NCS000368 Changes in Industrial Activities Due to business conditions, this Powerlab facility was closed and mothballed in March of 2009. Production at this facility was resumed in August of 2010. During the shutdown period, two of the six lead oxide production units were removed; the remaining four are currently in operation. We have not changed our process or raw materials and our storage practices remain the same. These changes in production in no way affect our stormwater runoff. .._. Permit Coverage Renewal Application Form . National Pollutant Discharge Elimination System Permit Number Stormwater Discharge Permit NCS000368 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation Information Owner / Organization Name: Owner Contact: Mailing Address: Phone Number: Fax Number: E-mail address: ' Reissued Permit will be mailed to the owner address Powerlab Inc f PO Box 913 Terrell, }<75160 (972) 563-1477 Facility/Permit Contact Information Facility Name: Powerlab Incorporated Facility Physical Address: Facility Contact: Mailing Address: 3352 Old Lexington Rd Winston Salem, NC 27107 Phone Number: (336) 650-0706 Fax Number: E-mail address: Discharge Information Receiving Stream: Salem Creek (Middle Fork Muddy Creek) Stream Class: C Basin: Yadkin River Basin Sub -Basin: 03-07-04 Number of Outfalls: Impaired WatersL[MD Does this facility discharge to waters listed as impaired or waters with a finalized TMDL ? ❑ Yes ❑ No )kDon't Know ( for information on these waters refer to http://h2o.enr.state.nc.usisu/Impaired Waters TMOU ) CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature Date- t tl 1 Print or type name of person sighing above Title Please return this completed renewal application form to: Stormwater Permitting Unit + Attn: Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: (Do not submit the site Stormwater Pollution Prevention Plan) Initials 1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. 2. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. �k (+ 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. 4. A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP's. A�E-5. A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deietion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. f--7`6. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) JUN 3 0 2011 DEMR - WA7 R Q{l Btlaniic p ems_ OUTFALLS LATITUDE: 360324 LONGITUDE: 80 13 45 Figure 3-1 NORTH Site Location ED POWERLAB IT CORPORATION Winston-Salem, NC. SECTION C: LOCATION MAP Permit No. NCS000368 16410 Latitude: 36°03'24" NCS000368 Longitude: 80°13'45" County: Forsyth Powerlab, Inc. Stream Class: C 'Zeceiving Stream: UT to Salem Creek ub-basin: 03-07-04 (Yadkin -Pee Dee River Basin) - ~ ram', 'ram r✓ '� 'I�t�i . 1 -'tee ����,,i`� i • + -� i �- ;y,�ri Powerlab, Inc. A 0 Facility Location ill ro'tt�t TCAU 1:24,000 Part i Page 2 of 2 •OUTFALL #2 y Tiled Drainage! Ditch ` ' ' Grated Drain, arking area ,.� pajn� UTFALrated d Old Outfall (Roof) #3 Stormwater f) is now used �E Da ,aas rocess MOM Powerlab, I , vowmeffffe- ft NO DISCHARGE Truck Plant tRecelvi Ilt(, (All Storage and W&EXI Ti Covered Truck Manufacturing Loading and inside building) �,b,��. ,, A.4. oading GG1W 1nt ,I! SAbiV� New Building (2004) ' �XrlTfNG Q�wa! or y► — r �r. Figure 3-2 Plant Layout Powerlah, Inc. 3352 Old Lexington Rd Winston-Salem, NC 27107 Stormwater Permit: NCS000368 Summary of Analytical Monitoring 2007 — 2011 OUTFALL DATE SAMPLED TTL RAINFALL DURATION LEAD mg/1 1 6/26/07 .30 180 min. 0.04 2 6/26/07 .30 180 min. <0.01 3 6/26/07 .30 180 min. 0.05 1 10/25/07 .48 720 min. 0.12 2 10/25/07 .48 720 min. 0.60 3 10/25/07 .48 720 min. 0.88 1 4/28/08 .40 240 min. .093 2 4/28/08 .40 240 min. .568 1 9/26/08 .31 540 min. .093 2 9/26/08 .31 540 min. .723 1 2/2/11 .56 240 min. 0.58 2 2/2/11 .56 240 min. 0.50 Powerlab, Inc. 3352 Old Lexington Rd Winston-Salem, NC 27107 Stormwater Permit: NCS000368 Semi -Annual Visual Monitoring 2007 — 2011 FLOATING SUSPENDED OIL OUTFALL DATE COLOR ODOR CLARITY SOLIDS SOLIDS FOAM SHEEN 1 6/26/07 Clear None 1 1 1 No No 2 6/26/07 Clear None 1 1 1 No No 3 6/26/07 Clear None 1 1 1 No No 1 10/25/07 Clear None 1 1 1 No No 2 10/25/07 Clear None 1 1 1 No No 3 10/25/07 Clear None 1 1 1 No No 1 4/28/08 Clear None 1 1 1 No No 2 4/28/08 Clear None 1 1 1 No No 1 9/26/08 Clear None 1 1 1 No No 2 9/26/08 Clear None 1 1 1 No No 1 2/2/11 Clear None 1 1 1 No No 2 2/2/11 1 Clear None 1 1 1 No No Powerlab, Inc. 3352 Old Lexington Road Winston-Salem, NC 27107 Stormwater Permit: NCS000368 Summary of Best Management Practices Good Housekeeping Powerlab practices good housekeeping measures to maintain a clean and orderly work environment. A plant meeting is conducted every month in which good housekeeping practices are discussed. At Powerlab, every employee has a job description, which defines the activities he has to perform. Good housekeeping is a part of every employee's job description and is practiced daily. Operation and Maintenance - These practices ensure that processes and equipment are working well. • Conduct operations indoors so the potential for any oil drips and/or fuel oil leaks to enter the storm water system have been minimized; 11 • Routine vehicle maintenance is performed off site by trained automotive technicians; * Maintain clean and dry floors by using brooms, shovels, vacuum cleaners, and cleaning machines; • Regular pickup and disposal of garbage and recycled material; • Make sure equipment (especially the pressurized conduit system) is working properly; • Routinely inspect for leaks or conditions that could lead to discharges of chemicals; • Routinely inspect for contact of storm water with raw materials or finished products; • Ensure that employees understand spill cleanup procedures. Material Storage Practices - Improper storage can result in the release of materials or chemicals that can cause storm water runoff pollution. Proper storage techniques implemented at Powerlab's facility include: Providing adequate space to facilitate material transfer and easy access for inspections; Page 1 of 4 • Storing containers, drums, and bags away from direct traffic routes to prevent accidental spills; • Stacking containers according to manufacturers' instructions to avoid damaging the containers; • Storing containers indoors on pallets or similar devices to prevent corrosion of the containers, which can result when containers come in contact with moisture on the ground; • Assigning the responsibility of hazardous materials inventory to a limited number of people who are trained to handle hazardous materials. Material Inventory Procedures - The Powerlab facility maintains an active list of all chemical substances authorized/on-hand for the facility/workplace. Material Safety Data Sheets (MSDS) for each chemical substance are also stored onsite and available for employees. Some additional procedures implemented include: • Label all containers to show the name and type of substance, stock number, expiration date, health hazards, suggestions for handling, and first aid information; • Clearly mark all hazardous materials that require special handling, storage, use, and disposal considerations. Employee Participation - Frequent and proper training of employees in good housekeeping techniques reduces the possibility that the chemicals or equipment will be mishandled. Motivating employees to reduce waste generation is another important pollution prevention technique. Some methods employed for involving employees in good housekeeping practices: • Employees must keep themselves and their uniforms as free of dust as possible. They are not to walk outside the plant with dirty plant shoes, as this could contaminate the ground. Employees must vacuum the dust from their person and uniform before entering the locker room and whenever necessary. • Employees must shower before they leave the plant and place dirty clothes and safety equipment in assigned dirty lockers at the plant. • Incorporate information sessions on good housekeeping practices into the facility's employee training program; • Discuss good housekeeping at employee meetings. Page 2 of 4 Preventive Maintenance Preventive maintenance measures are conducted on equipment to decrease the occurrence of mobile and stationary equipment spills. A list of measures implemented at the Powerlab facility are identified below: • Qualified maintenance personnel or machine operators, who evaluate the adequacy of the equipment and make recommendations for repairs and improvements, conduct preventative maintenance on equipment. Inspections of drums, pumps, and fittings are conducted on a regular basis to identify leaks or defects, that might lead to a spill. • Adjustments, repairs, or replacements of equipment are conducted as needed. • Parking lots are inspected on a regular basis to detect spills or potential spill sources. • The Facility Maintenance Supervisor maintains complete records on inspections, equipment, and systems. These records are kept with other visual inspection records. • Powerlab maintains a well -lighted site with a secure fence around the perimeter in order to keep unauthorized personnel out. Inspections Routine inspections are conducted of the finished and unfinished product storage area, chemical storage area, loading/unloading area, waste management areas, equipment storage area, and maintenance areas. Spill Prevention and Response Spill prevention is a major goal of Powerlab. To avoid possible accidental spills, equipment is placed inside a covered building. The only possibility of spill is of an oil spill from the trucks or material spill while loading or unloading. Trucks are loaded or unloaded only when parked on a concrete driveway so that no chemical percolates in the soil if spilled. Spill response equipment, is kept ready for use at all times. Employees have been educated about spill cleaning methods in the routine plant meetings. The only materials loaded on trucks are dross and other lead -contaminated materials, which are kept in labeled drums totally enclosed from all sides, and lead oxide, which is mechanically conveyed to a totally enclosed truck. Lead is the only material unloaded. It is not a hazard to the storm water runoff even if spilled, because it is in solid metal form. All chemicals received at Powerlab are in manufacturers' packing, which is usually in airtight containers. Page 3 of 4 Sediment and Erosion Control All areas exposed to storm water are either paved, or have grass/shrubs growing. Additionally, there are no significant changes in elevation throughout the site to cause storm water velocity problems. Page 4 of 4 Powerlab,lnc. 3352 Old Lexington Road Winston-Salem, NC 27107 Stormwater Permit: NCS000368 Changes in Industrial Activities Due to business conditions, this Powerlab facility was closed and mothballed in March of 2009. Production at this facility was resumed in August of 2010. During the shutdown period, two of the six lead oxide production units were removed; the remaining four are currently in operation. We have not changed our process or raw materials and our storage practices remain the same. These changes in production in no way affect our stormwater runoff. -;, Permit Coverage 'iDE.lGL Renewal Application Form National Pollutant Discharge Elimination System Permit Number Stormwater Discharge Permit NC5000368 The following is the information currently in our database for your facility. Please review this information carefully and make all correction sladditions as necessary in the space provided to the right of the current information. Owner Affiliation Information Owner 1 Organization Name: Owner Contact: Mailing Address: Phone Number: Fax Number: E-mail address: * Reissued Permit will be mailed to the owner address Powerlab Inc t� PO Box 913 Terrell. NC 75160 (972) 563-1477 Facility/Permit Contact Information Facility Name: Powerlab Incorporated Facility Physical Address: Facility Contact: Mailing Address: 3352 Old Lexington Rd Winston Salem, NC 27107 Phone Number: (336) 650-0706 Fax Number- E-mail address: Discharge Information Receiving Stream: Salem Creek (Middle Fork Muddy Creek) Stream Class: C Basin: Yadkin River Basin Sub -Basin: 03-07-04 Number of Outfalls: am- _ i �' ate,• % Impaired Waters MIL Does this facility discharge to waters listed as impaired or waters with a finalized TMDL ? 0 Yes C] No Don't Know ( for information on these waters refer to http.y/h2o.enr.state.nc.usisu/Impaired Waters- TMDtl J CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature bate / 2-7 f { Print or type name of person signing above Title Please return this completed renewal applic tion form to: Stormwater Permitting Unit Attn: Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Klm i SEP ZCi1 1 Winston-Saien R.'giOn3l R9SGE N6S000368 *A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Powerlab, Inc. NPDES Permit Number: NCS000368 Facility Location: 3352 Old Lexington Road, Winston-Salem, NC (Forsyth County) Type of Activity: Product Lead Monoxide Powder for Storage Batteries SIC Code (if applicable): 2819 Receiving Streams: UT to Salem Creek: 12-94-12-(4) River Basin: Yadkin — Pee Dee River Basin, Sub -basin 03-07-04 Stream Classification: C Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table I Response Requested by (Date): Oct 2, 2011 Central Office Staff Contact: Return to: Jennifer Jones, (919) 807-6379 Special Issues: .. ;pIssue: ,. ..- ti Ratia Scales 1 eas ; to !10 Iair� Compliance history 3 Benchmark exceedance 6 Location (TMDL, T&E species, etc) 5 Other Challenges: 2 Difficulty Rating: 16/40 Special Issues Explanation: • Lead benchmark exceedences QINc�IRoe[9 0 SEP 1 9 2011 WETLANDS AND STORMINATER BRANCH Description of Onsite Activities: Powerlab, Inc takes lead ingots and melts them to produce a powder that will be used in battery production. Pure metallic lead is oxidize d in reactor unit to form a dry bulk powder or lead oxide. The process equipment, conveying, bulk loading, and storage hoppers are all under negative pressure. All process air and material handling equipment ventilation air is filtered by baghouses and heap filters before being exhausted to the atmosphere. All storage of raw material, processing, and storage of finished product is done inside the building. The lead ingots are unloaded from trucks or occasionally from rail cars to inside storage of all ingots. The second loading dock is used for loading the lead powder in to bulk hopper tankers for a transport to battery manufacturers. The delivery hoses (8"- 12" diameter) are connected to the top of the hopper tankers for loading the powder. Powerlab Inc in Winston Salem, NC is a private company categorized under Lead Pigments: White Lead, Lead oxides, Lead Sulfate. Current estimates show this company has an annual revenue of $5 to 10 million and employs a staff of approximately 10 to 19. Page 1 of 8 NCS000368 Documents Reviewed: ✓ NPDES Stormwater Permit Application Materials ✓ National Heritage Program (NHP) Threatened and Endangered Species Database ✓ NC Sec of State ✓ SPU File ✓ Central Files ✓ TRl / Envirofacts warehouse ✓ EPA Sector -Specific Permit, 2008 ✓ 303(d) List, 2010, 2008 draft, 2006 final: ✓ 2008 Yadkin Pee -Dee Basinwide Plan History: • Date permit first issued: 3/29/2000 (monitoring quarterly in 4'h year for Lead, O&G, TSS, NM Oil & Total Flow) • Date permit re -issued: 10/1/2006 • Date pennittee submitted renewal application: 6/30/201 1 Pale 2 of' 8 VIM` ~ d�-AWNZIs.A NCS000368 Central Office Review Summary: 1. Owner's Other Permits: (If applicable) ` �l .as tnformationrScStem• In(ormatwn.sv0an Environmen6L1'ijfer_e_it East 5ilnnlemental Environmental w Data Source [}ndated lD gr• .,, rJte , „ , interests: .. _ _ Date SYNTHETI MINOR A1R I't1GA ITiY 51Yn ifI M r7G 'tG 883 INAGI IVE a AIRS/AFS 03/29t201 i, BIENNIAL REPORTERS NCR000136556 HAZARDOUS WASTE RCRAINFO 12/31/2009 131ENNIAL REPORTER NORTH CAROLINA - FACILITY IDENTIFICATION TEMPLATE 8251 STATE MASTER NC -FITS FOR STATES PERMIT COMPLIANCE NCS000368 NPDES NON -MAJOR NPDES 1 1/04/2004 SYSTEti3 PERMIT TOXIC RELEASE INVENTORY TRI SYSTEM 27107PWRLB3352 TRI REPORTER REPORTING 07/01/2011 FORM 2. General Observations: See other notes below -1 15 DA4YG000T3D84 DXOK R56C7 V WASTEWATER FACILITY 3. Impairment: Stream impaired for Copper, Ecological/Biological Integrity (Benthos, FishCom), Fecal Coliform and Zinc — perhaps only parameter that is relevant is Ecological/Biological Integrity. TMDL has been issued for Turbidity and Fecal coliform — not applicable to this site. 4. Threatened and Endangered: No T&E Species found near site. 5. Location: (If applicable, i.e the facility was difficult to locate or is on the boundary of a receiving water, etc) 6. Industrial Changes Since Previous Permit: Because of business conditions, this Powerlab facility closed from March 2009-August 2010, and did not monitor. To our knowledge, this plant did not receive permission from DWQ or DWQ RO to stop monitoring at this point. During the shutdown period, two of the six lead oxide production units were removed; the remaining four are currently in operation. They have not changed their process or raw materials, and their storage practices remain the same. They state these changes have not effected stormwater runoff. Outfall 3 is "now used as process wastewater"— no discharge. 7. Analytical Monitoring Notes: Lead is consistently above benchmark values when it has been sampled. pH should have been sampled but apparently was not. No sampling took place at all during the shutdown period. See conversation notes with permittee for more information. Previous staff report indicate that Lead was a concern — perhaps especially from loading dock area, which may drain to surface waters. Additionally they were asked to sample pH because of its use in interpreting metals toxicity, but have not. Additionally, previous staff report indicates that sampling was not done for all time periods. MSGP lists Aluminurn, Iron, and Nitrite -Nitrogen as testing parameters; however these are not applicable to this site. Page 4 o 8 NCS000368 8. Qualitative Monitoring: From submitted data, Qualitative monitoring appears to be exemplary in terms of quality: all color was listed as clear; Odor as none; clarity, floating solids and suspended solids were listed as "I'; No loam or oil sheen were present. Table I: Analytical Monitoring Benchmark: jam4k Period Outfall Total Rainfall Oct 1, 2006 - Nov 30, 2006 (not required) 1 NR NR NR NR April 1-June 30, 2007 1 6/26/2007 0.3 NR September 1, 2007-November 30, 2007 1 10/25/2007 0.48 NR April 1-June 30, 2008 1 4/28/2008 0.4 Rt NR September 1, 2007-November 30, 2008 1 9/26/2008 0.31 NR April 1-June 30, 2009 1 lasedCored Closed16sed March 2069-Aug September 1, 2007-November 30, 2009 1 Cansed Closed", o Closed Closed March 2009-Aug April 1-June 30, 2010 1 Closed Closed Closed Closed March 2009-Aug September 1, 2007-November 30, 2010 1 NR NR NR NR April 1-June 30, 2011 1 2/2/2011 0.56 8 NR Oct 1, 2006 - Nov 30, 2006 (not required) 2 INR NR NR NR April 1-June 30, 2007. 2 6/26/2007 0.3 <.01 INR September 1, 2007-November 30, 2007 2 10/25/2007 0.48 NR April 1-June 30, 2008 2 4/28/2008 0.4 0 $ NR September 1, 2007-November 30, 2008 2 9/26/2008 0.31 . NR April 1-June 30, 2009 2 Closed Closed Closed Closed March 2009-Aug September 1, 2007-November 30, 2009 2 Closedu ' " Closed n:. Closed Clo§ed'March 2009-Aug April 1-June 30, 2010 2 Cedrlos Closed Closed Clobed March 2009-Aug September 1, 2007-November 30, 2010 2 NR NR NR NR April 1-June 30, 2011 2 2/2/2011 0.56 0.5 NR Oct 1, 2006 - Nov 30, 2006 (not required) 3 JNR NR NR NR April 1-June 30, 2007 3 6/26/2007 0.3 t]5 NR September 1, 2007-November 30, 2007 3 10/25/2007 0.48 0 8 NR April 1-June 30, 2008 .3 NR NR NR NR September 1, 2007-November 30, 2008 3 NR NR NR NR April 1-June 30, 2009 3 Closed Closed Closed Closed March 2009-Aug September 1, 2007-November 30, 2009 3 Closed., Closed 0I'osed Closed March 2009-Aug April 1-June 30, 2010 3 Closed. Closed Closed Closed March 2009-Aug,: September 1, 2007-November 30, 2010 3 NR NR NR NR April 1-June 30, 2011 3 NR NR o NR NR Page 5 of 8 010 010 010 010 010 010 .010 .010 010 NCS000368 Revised Permit Recommendations: Analytical Monitoring: I . No parameters will be added or removed — however Tiered system will be in place and Lead and pH will be kept in 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 11 Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow' within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier I 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 11 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: I . 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 outfails 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 11 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 I1 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. Pat— 6 of 8 f NCS000368 Discussions with permittee: Name, Number, Date 1. Q: Is your address still 3352 Old Lexington Road, Winston-Salem, NC? a. A. 2. Q: Can you describe your process please? a. 3. Q: Have you had any industrial changes since your last permit? a. A: 4- Q.• Did you sample for pH and if not, why.' If so can you please send in the data? a. A: 5. Q: Please describe what has hopped to of fall 3. a. A: 6. Q: During the shutdown perioci`.tx o'of r'hi? s dead oxide .g6r itction ur�its�A,e+:e�ltieiti�c� %d;`she renva�r�t�� (r ur qr currently in operation. Can you please`tell me morg,-about thisZ _ a. A: 7. Q.- Have you done anything to address the Lead benchmark exceedences? Do you think that there ;s anything else you could do to address Lead exceedences with housekeeping or storage of materials' a. A: 8. Q: Do you have any idea (location or source) where the lead exceedences are coming from? a. A: 9. Q: Is there any spill possibility from mechanically loading lead oxide to the truck? a. A: 10. Q: What have you done to evaluate sources of Lead.,' a. A: 11. Q: Have you evaluated effectiveness ofsite BMPs? a. A: 12. Q: Have you reviewed or updated SPPP and documented efforts to address storm water contamination? a. A: 13. Q: Because of business conditions, this Powerlab facility closed from March 2009-August 2010, and did not monitor. Was there any personnel on the facility at this point and was any able to do enter the facility? Did this plant contact DWQ CO or DWQ RO to request or notes DWQ that they would stop monitoring at this point. a. A: 14. Q: It now says on your site plan that the truck loading and unloading is now covered Is that a change and ifso, how recent was that? a. A: 15. Please describe the industrial activities going to each oufall: a. Page 7 of 8 NCS000368 Recommendations: Based on the documents reviewed, the application information submitted on Date sufficient to issue an Individual Stormwater Permit. q Prepared by (Signature) Date 1 �� Stormwater Permitting Unit Supervisor / Date l for Bradley Bennett Concurrence by Regional Office Date RO Water Quality Supervisor Date /3 Regional Office Staff Comments (attach additional pages as necessary) Z4 4,0*& 4r- f/1Z // Pa:;e 8 01,8 Jones, Jennifer From: Forrest Tunnel] [Frosty@powerlabinc.com] Sent: Thursday, September 22, 2011 11:18 AM To: Jones, Jennifer Cc: Forrest Tunnell; Jeff Ward; james@powerlabinc.com Subject: RE: NCS000368 - Powerlab, Winston-Salem, NC Dear Ms. Jones: Here is the information I was unable to give you on Tuesday: 4. 1 found ph data for the following samples: OutfallI Outfall2 Outfall3 April ]-June30,2007 7.35 7,64 7.50 Sept 1-Nov 30, 2007 6.10 5.40 5.25 April 1-June 30, 2008 7.06 6.97 Sept 1-Nov 30, 2008 6.34 4.51 We will be sure to obtain and report ph levels for future tests. 5. Outfall #3 was sealed off from running under the building and going into the ditch that runs behind the plant. There is now a pit at outfall #3 with and sump pump in the pit used to pump rain water to a holding tub inside the plant and the water is then used in the manufacturing process. 7. We are in the process of developing new housekeeping procedures to lower our runoff lead levels. We will keep you informed. We will have the results from the last sampling within 10 days, and I will forward them to you. 9. Care is taken not to spill any material when loading a tanker. The loading area is covered and the pavement here slopes toward the building so any spills can be captured and disposed of rather than the material getting into the stormwater stream. 12. Our SPPP was revised in January 2008. 13. On October 5, 2009 we informed the Forsyth County Environmental Affairs Department that we were shutting down this facility. 15. Outfall #1 is the runoff from the truck scale, employee parking area and dumpster area. Outfall #2 handles the employee parking area and roof. will be present for our October 111h inspection by Ron Boone. If there are further questions please give me a call. Sincerely, Forrest Tunnell From: Jones, Jennifer[mailto:jennifer.jones@ncdenr.gov] Sent: Tuesday, September 20, 2011 11:03 AM To: Forrest Tunnel! Cc: Jones, Jennifer; Boone, Ron Subject: NCS000368 - Powerlab, Winston-Salem, NC Hello Mr. Tunnell, Thank you for calling me back. Please see below regarding our discussion today. If you can please give me a call back or email me when you have this information that would be great. Thank you, Jennifer Jones Discussions with permittee: Forrest Tunnell, 972-563-1477, September 20, 2011 1. Q: Is your address still 3352 Old Lexington Road, Winston-Salem, NC`? a. A: that is the physical address. The corporate headquarters and mailing address are PO Box 913, Terrrell, TX 75160 2. Q: Can you describe your process please? a. Make lead oxide, take block of pure lead, melt them, then introduce a stream of molten lead to a reactor (cylindrical vessel), under specific conditions it oxidizes it into a lead powder. The rest of the system is a bag house that leads to a HEPA filter which is exhausted to the roof area. b. The lead comes in in blocks on vans, (I ton), then they ship out in an aluminum tanker. It is pneumatically loaded into trucks. Usually they haul powered cement. They are filled outside, but they are covered. Under roof. c. Normally there is no dust. Central vacuum system under negative pressure. Unusually there is a leak, but if there is a leak they have to stop working and clean it up. They would have to report to haz waste. 3. Q: Have you had any industrial changes since your last permit? a. A. No. Since that time they have removed 2 production units. They now only have 213rds of the capacity. They have been permitted to replace those 2 with 2 newer units, but there is no difference in the way they do business. 4. Q: Did you sample for pH and if not, why? If so can you please send in the data? a. A: They have not had the best reporting — EH&S person passed away. a will t Fo` trid me-VIeTdala 5. Q: Please describe what has happed to outfall 3. a. A: They had one that had eliminated outfall, _. willm—eaa kto n e 6. Q: During the shutdown period, two of the six lead oxide production units were removed; the remaining four are currently in operation. Can you please tell me more about this? a. A: They have removed them and they will replace them with 2 more modern ones hopefully by the end of the year. 7. Q: Have you done anything to address the Lead benchmark exceedences? Do you think that there 's anything else you could do to address Lead exceedences with housekeeping or storage of materials? a. A: He will call the plant manager, of the site and go from there. b. They have done some new sampling. 7 4§9eWhini�'tosenrl tlae Iiilest'`data-to me! 8. Q: Do you have any idea (location or source) where the lead exceedences are coming from? a. A: No — he will have a response in the next day or two. 9. Q: A there any spill possibilityfrom mechanically loading lead oxide to the truck? 2 W- a. A: Perhaps. Vle twill" et brick ld the 10. Q: What have you done to evaluate sources of Lead? a. A: Nothing so far. 11. Q: Have you evaluated effectiveness of site BMPs? a. A: Not so far. 12. Q: Have you reviewed or updated SPPP and documented efforts to address stormwaier contamination? a. A: They worked on it years ago. They have not. They will address it. He will get back to me. 13. Q: Because of business conditions, this Powerlab facility closed from March 2009-August 2010, and did not monitor. Was there any personnel on the facility at this point and was any able to do enter the facility? Did this plant contact DWQ CO or DWQ RO to request or notify DWQ that they would stop monitoring at this point. a. A: He feels pretty sure that he did. Fe will ;let back to me 14. Q: It now says on your site plan that the truck loading and unloading is now covered Is that a change and if so, how recent was that? a. A: It has always been covered, but not completely enclosed. 15, Please describe the industrial activities going to each outfall: a. Ne will get back to me Jennifer Jones Benchmark: 0.03 6-9 Sample Period Outfall �a e Sam I Total Rainfall Lead g_H Oct 1, 2006 - Nov 30, 2006 (not required) 1 NR NR NR NR NR NR NR NR Closed March 2009-Aug Closed March 2009-Aug March 2009-Aug NR NR April 1-June 30, 2007 1 6/26/2007 0.3 0.04 September 1, 2007-November 30, 2007 April 1-June 30, 2008 September 1, 2007-November 30, 2008 1 1 1 10/25/2007 0.48 0 4/28/2008 0.4 0 '93 9/26/2008 0.31 09 Closed Closed Closed Closed Closed Closed : Closed Closed Closed "Closed NR NR NR April 1-June 30, 2009 1 2010 September 1, 2007-November 30, 2009 1 2010 April 1-June 30, 2010 1 010 September 1, 2007-November 30, 2010 1 April 1-June 30, 2011 1 Z/2/2C11T 0.56 0 8 Oct 1, 2006 - Nov 30, 2006 (not required) 2 INR 1 6/26/2007 10/25/2007 4/28/2008 9/26/2008 Closed Closed Closed NR -_NR 2/2/2011 NR Closed Closed Closed NR 0.3 <.01 0.48 0.4 0.31 Closed Closed Closed NR 0,561 NR NR O6 NR 0 56t3 NR 0 23 NR Closed March 2009-Aug Closed March 2009-Aug Closed March 2009-Aug �... .__ NR_ _ 0.5 NR April 1-June 30, 2007 2 September .1, 2007-November 30, 2007 2 April 1-June 30, 2008 September 1, 2007-Novem6er 30, 2008 April 1-June 30, 2009 2 2 2 2010 September 1, 2007-November 30, 2009 2 2010 April 1-June 30, 2010 2 010 September 1, 2007-November 30, 2010 2 April 1-June 30, 2011 2 Oct 1, 2006 - Nov 30, 2006 (not required) 3 INR NR NR NR NR NR NR NR Closed March 2009-Aug Closed March 2009-Aug Closed March 2009-Aug NR April 1-June 30, 2007 September 1, 2007-November 30, 2007 3 3 6/26/20071 0.3 0 05 10/25120071 0,48 0 88 April 1-June 30, 2008 3 NR NR NR NR NR NR Closed Closed - Closed Closed Closed Closed Closed Closed_ y _ NRNRNR NR NR September 1, 2007-November 30. 2008 3 April 1-June 30, 2009 3 010 September 1, 2007-November 30, 2009 3JN 010 April 1-June 30, 2010 3Closed 010 September 1, 2007-November 30, 2010 3R April 1-June 30, 2011 3NR 3 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) 807-6379 Fax: (919) 807-6494 Email: Lennifer.mones@ncdenr.gov Website: http://portal.ncdenr.org/web/wq/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.** Central Files: AP5 SWP 12/21 /11 Permit Number NCS000368 Program Category NPDES SW Permit Type Stormwater Discharge, Individual Primary Reviewer jennifer.jones Coastal SW Rule Permitted Flow 0 Facilitv Permit Tracking Slip Status Project Type In draft Renewal Version Permit Classification Individual Permit Contact Affiliation Jeff 3352 Old Lexington Rd Winston Salem NC 27107 Facility Name Major/Minor Region Powerlab Incorporated Minor Winston-Salem Location Address County 3352 Old Lexington Rd Forsyth Winston Salem NC 27107 Facility Contact Affiliation Jeff 3352 Old Lexington Rd Winston Salem NC 27107 Owner Owner Name Owner Type Powerlab Inc Non -Government Owner Affiliation Forrest Tunnell PO Box 913 Terrell TX 75160 Dates/Events Scheduled Orig Issue App Received Draft Initiated Issuance 03/29/00 07/01/11 09/02/11 01/01/12 egulated Activities Stormwater (activities not covered) Ou tfa I I 001 Public Notice Issue Effective Expiration 11/08/11 ti IP J 7-1 I z'��t/zt � to 7.r/%1-.ail Re�IRece ved Events Region comments on draft requested 09/06/11 Region comments on draft received 11/02/11 Waterbody Name Stream Index Number Current Class Subbasin Salem Creek (Middle Fork Muddy Creek) 12-94-12-(4) C 03-07-04 General Permit Table S.C-I. Subsector (You may be subject to requirements for more than one sector/subsector) Parameter Benchmark Monitoring Concentration Subsector C1. Agricultural Chemicals (SIC 2873-2879) Nitrate plus Nitrite Nitrogen 0.68 mg/L Total Lead' Hardness Dependent Total Iron 1.0 mg/L Total Zinc' Hardness Dependent Phosphorus 2.0 m /L Subsector C2. Industrial Inorganic Chemicals (SIC 2812-2819) Total Aluminum 0.75 m L Total Iron 1.0 mg/L Nitrate plus Nitrite Nitrogen 0.68 mg/L Subsector C3. Soaps, Detergents, Cosmetics, and Perfumes (SIC 2841-2844) Nitrate plus Nitrite Nitro en 0.68 mg/L Total Zinc' Hardness Dependent Subsector C4. Plastics, Synthetics, and Resins (SIC 2821-2824) Total Zinc' Hardness Dependent ' The benchmark values of some metals are dependent on water hardness. For these parameters, permittees must determine the hardness of the receiving water (see Appendix J, "Calculating Hardness in Receiving Waters for Hardness Dependent Metals," for methodology), in accordance with Part 6.2.1.1, to identify the applicable `hardness range' for determining their benchmark value applicable to their facility. The ranges occur in 25 mg/L increments. Hardness Dependent Benchmarks follow in the table below: Water Hardness Range Lead (mg/L) Zinc (mg/L) 0-25 mg/L 0.014 0.04 25-50"mg/L 0.023 0.05 50-75 mg/L 0.045 0.08 75-100 mg/L 0.069 0.11 100-125 mg/L 0.095 0.13 125-150 mg/L 0.122 0.16 150-175 mg/L 0.151 0.18 175-200 mg/L 0.182 0.20 200-225 mg/L 0.213 0.23 225-250 mg/L 0.246 0.25 250+ mg/L 0.262 0.26 8.C.4 Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1 of the permit.) Table 8.C-2 identifies effluent limits that apply to the industrial activities described below. Compliance with these effluent limits is to be determined based on discharges from these industrial activities independent of commingling with any other wastestreams that may be covered under this permit. Stormwater Discharges Associated With Industrial Activity — Sector C 52 General Permit Part 8 — Sector -Specific Requirements for Industrial Activity Subpart C — Sector C — Chemical and Allied Products Manufacturing, and Refining. You must comply with Part 8 sector -specific requirements associated with your primary industrial activity and any co -located industrial activities, as defined in Appendix A. The sector - specific requirements apply to those areas of your facility where those sector -specific activities occur. These sector -specific requirements are in addition to any requirements specified elsewhere in this permit. 8.C.1 Covered Stormwater Discharges. The requirements in Subpart C apply to stormwater discharges associated with industrial activity from Chemical and Allied Products Manufacturing, and Refining facilities, as identified by the SIC Codes specified under Sector C in Table D-1 of Appendix D of the permit. 8.C.2 Limitations on Coverage. 8.C.2.1 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) The following are not covered by this permit_ non-stormwater discharges containing inks, paints, or substances (hazardous, nonhazardous, etc.) resulting from an onsite spill, including materials collected in drip pans; washwater from material handling and processing areas; and washwater from drum, tank, or container rinsing and cleaning. 8.C.3 Sector -Specific Benchmarks Table 8.C-1 identifies benchmarks that apply to the specific subsectors of Sector C. These benchmarks apply to both your primary industrial activity and any co -located industrial activities. Stormwater Discharges Associated With Industrial Activity — Sector C 51 General Permit Table 8.C-2' Industrial Activity Parameter Effluent Limit Runoff from phosphate fertilizer manufacturing facilities that comes into contact with any raw materials, finished product, by-products or waste products (SIC 2874) Total Phosphorus (as P) 105.0 m /L, daily maximum 35 mg/L, 30-day avg. Fluoride 75.0 mg/L, daily maximum 25.0 mg/L, 30-day avg. ' Monitor annually. Storm%vater Discharges Associated With Industrial Activity — Sector C 53 J55rto 9r" http://oaspub.epa.gov/enviro/tris_control.tris_prink?tris_id=27107PWRLB33520 Toxics Release Inventory (TRI) Last updated on Friday, September 02, 2011 You are here: EPA Home Envirofocts TRI Envirofacts Report TRI Query executed on SEP-02-2011 Results are based on data extracted on Click on "View Facility Information" to view EPA Facility information for the facility. facility Name: POWERLAB INC Mailing NaMgL POWERLAB INC Address: 3352 OLD LEXINGTON RD Mailing Address_ 3352 OLD LEXINGTON RD WINSTON-SALEM NC 27107 WINSTON-SALEM NC 27107 County: FORSYTH Region: 4 Facility Information: View Facility InformaSi2 TRI ID: 27107PWRLB33520 DUNS Number: FIRS ID 110000345421 TRI Preferred Latitude: TRI Preferred Lonoltude: Public Contact: FORREST TUNNELL Phone: 9725631477 Starting with Reporting Year 2006, TRI Facilities began reporting NAICScodes, instead of SIC codes, to identify their Primary Business Activities. NAICS Codes for 2010 NAICS CODE.1FE-MUM11 NAICS DESCRIPTION 11 325188 YES__JIAII Other Basic Inorganic Chemical Manufacturing The above information comes from 2010, which was the last year NAICS code data was reported for this facility. The earliest NAICS code data on Tile for this facility was reported in 1996. Map this facility Map this facility using one of Envirofact's mapping utilities. Besides TRI, this facility also does the following: • has reported air releases under the Clean Air Act • has permits to discharge to water More Information about these additional regulatory aspects of this facility can be found by pressing the other regulatory data button below. Other Regulatory Data Total Aggregate Releases of TRI Chemicals to the Environment: For all releases estimated as a range, the mid -point of the range was used in these calculations. This table summarizes the releases reported by the facility. NR - signifies nothing reported by this facility for the corresponding medium. Total Aggregate Releases of TRI Chemicals excluding Dioxin and Dioxin -like Compounds (Measured in Pounds) Media 2010 2009 2008 2007 2006 2 __ 2004 2003 2002 2001 2000 1999 144$ 1997 1946 Air Emissions 3.6 2.87 18.02 24.5fi 24,45 F20.13 14.47 F11.74 11,59 11.59 13 10 12 11= Surface Water EADDF �F__ Discharges �R NR�� $eases to Land �i NR NR� NR N N_P,, �N � ��N �� NR� Air Emissions NRi N ��� Surface Water Discharges NR� N�� Releases to Land . � underground Infection ����� Total On -site Releases'�' Transfer Off -Site to Disosa Total Releases DNNR,��EN ����� Graphic Summary of this Table Total Aggregate Releases of Dioxin and Dioxin -like Compounds (Measured In Grams) Media 2010 2009 200$ 2007 200fi 2005 2004 2003 �2002 2001 �20Qo1999� i99$ 1997 1996 NRi��I_ NP E^' i Ir^•� NR�� NR�FNK N NRi�N ��� i '�ry�� NRiFNN NR�DN N �N �� EN:R]�DN LN�___}���� NR�N NRi NR NRi=N NN Graphic Summary of this Table TRI Chemicals Reported on Form A: Please note that there were no chemicals reported on Form A for this facility NOTE: Al! chemicals reported below have release or transfer amounts greater than zero. To see a list of all chemicals reported by this facility click here. Names and Amounts of Chemicals Released to the Environment by Year. For all releases estimated as a range, the mid -point of the range was used in these calculations. NR -signifies nothing reported for this facility by the corresponding medium. Rows with all "0" or "NR" values were not listed. SP M Ch�m ieal Media �� 2010 2009 2008 2007 200fi 2005 2004 2003 E20O2 2001 2000 D1999 1998 D1997 D1996 LEAQ COMPOUNDS AIR (TRI TACK Pounds J3_6 2.67 18.02 24.56 24.45 20.13 14.47 1i.74 11.59 11.59 13 10 12 11 8 Chemical iD: N420) LEAD {COMPOUNDS (TRI M ETALS Pounds 0 J34 ]2_8 27 4 117.$ 20.4 J20 NR 129 N N N N NR Chemical [D: N420) Discharge of Chemicals into Streams or Bodies of Water: Please note that either there were no releases of chemicals into streams or bodies of water reported by this facility or the facility did not file a TRI form R for the years 1987 to 2010. Rows with Release Amount equal to "0" were not listed. Transfer of Chemicals to Off -Site Locations other than P0T1Ns: Please note that transfer amounts are not included in release totals shown above. For all releases estimated as a range, the mid -point of the range was used in these calculations. Rows with Total Transfer Amount equal to "Q" were not listed. Name and Chemical Year unit of Discharge of Chemicals into Streams or Bodies of Water: Please note that either there were no releases of chemicals into streams or bodies of water reported by this facility or the facility did not file a TRI form R for the years 1987 to 2010. Rows with Release Amount equal to "0" were not listed. Transfer of Chemicals to Off -Site Locations other than P0T1Ns: Please note that transfer amounts are not included in release totals shown above. For all releases estimated as a range, the mid -point of the range was used in these calculations. Rows with Total Transfer Amount equal to "Q" were not listed. Name and Chemical Year unit of Trans_fSC Site 7rr12Waste Of aste Management Name Measure Trar�er Address A� LEAD CHEMICAL WASTE MANAGEMENT COMPOUNDS (TRI Chemcal H EP,,nd,][:]34' 36964 AL HWY 17 EMELLI: AL 35459 Solidification/Stabilization-Metals and Metal Compounds only 1D: N420) 4YAJ I t MANAhtMtN I LIV4 LEAP CHEMICAL WASTE MANAGEMENT DQMPOUNDS 2008 Pounds 2.8 AL HIGHWAY 17 AT MILE MARKER Solidification/Stabilization- Metals and Metal (TRI Chemical 1 Compounds only ID: N420) EMELLE, AL 35459 LEAD SANDERS LEAD COMPANY COMPOUNDS 2007 Pounds 4464❑ SANDERS ROAD Metals Recovery (TRI Chemical TROY, AL 36081 ID: N420) WASTE MANAGEMENT INC LEAD CHEMICAL WASTE MANAGEMENT COMPOUNDS AL HIGHWAY 17 AT MILE MARKER Solidification/Stabilization- Metals and Metal (TRI Chemical 2007 Pounds 27 1 Compounds only ID: N420) . EMELLE, AL 35459 LEAQ SANDERS LEAD COMPANY COMPOUNDS SANDERS ROAD (TRI Chemcal 2006 Pounds 173350 TROY, AL 36081 Metals Recovery ID: N420) WASTE MANAGEMENT INC L9&Q CHEMICAL WASTE MANAGEMENT COMPOUNDS AL HIGHWAY 17 AT MILE MARKER Solidification/Stabilization-Metals and Metal (TRI Chemical 2005 Pounds 107.8 1 Compounds only ID: N420) EMELLE, AL 35459 LEAQ REPUBLIC ENVIROMENTAL COMPOUNDS SYSTEMS Wastewater Treat me nt(Exc lud ing POTW)- (TRI Chemical 2005 Pounds 10 2869 SANDSTONE DRIVE Metals and Metal Compounds only ID: N420) HATFIELD, PA 19440 LEAD SANDERS LEAD COMPANY COMPOUNDS SANDERS ROAD (TRI Chemical 2005 Pounds 351960 TROY, AL 36081 Metals Recovery ID: N420) LEAD SANDERS LEAD COMPANY COMPOUNDS SANDERS ROAD (TRI Chemical 2004 Pounds 132640 TROY, AL 36081 Metals Recovery ID: N420) WASTE MANAGEMENT INC LEAD CHEMICAL WASTE MANAGEMENT COMPOUNDS AL HIGHWAY 17 AT MILE MARKER Solidification/Stabilization-Metals and Metal (TRI Chemical 2004 Pounds 20.4 1 Compounds only ID: N420) EMELLE, AL 35459 WASTE MANAGEMENT INC LEAD CHEMICAL WASTE MANAGEMENT ^OMPOUNDS 2003 Pounds 20 AL HIGHWAY 17 AT MILE MARKER [S,,rdf liication/Stabilization-Meals and Metal (TRI Chemical 1 opounds only ID: N420) EMELLE, AL 35459 COMPOUND (TRI Chemical ID: N420} 2002 Pounds 92700 SANDERS LEAD COMPANY SANDERS ROAD TROY, AL 36081 Metals Recovery LEAD COMPOUNDS 2001 Pounds 129 CHEMCCAL WASTE MANAGEMENT, INC AL HWY 17 AT MILE MARKER 163 EMELLE, AL 35459 Solidification/Stabilization-Metals and Metal Compounds only (TRI Chemical ID: N420) LEAD EXIDE CORPORATION - METALS COMPOUNDS DIV CO Chemical 2001 Pounds 133040 CANNON HOLLOW ROAD Metals Recovery (TRIID: N420) FOREST CrrY, MO 64451 LEAD EXIDE CORPORATION - METALS COMPOUNDS DIV (TRI Chemical 2000 Pounds 88400 CANNON HOLLOW ROAD Metals Recovery FOREST CITY, MO 64451 EXIDE CORPORATION - METALS LEAD DIV COMPOUNDS 1999 Pounds 8691D CANNON HOLLOW ROAD Metals Recovery (TRI Chemical ID: N420) rOREST CITY, MO 64451 LF.�R REFINED METALS CORP. COMPOUNDS 1998 Pounds 4fi5D0 257 W. MALLORY Metals Recovery (TRI Chemical MEMPHIS, TN 38109 ID: N4 .0) LEAG? EXIDE CORP.-METALS DIV. COMPOUNDS 1998 Pounds 44400 SPRING VALLEY RD. & NOLAN ST. Metals Recovery (TRI Chemical READING, PA 19605 ID: N420) REFINED METALS CORP. POUNDS i997 257 W. MALLORY Metals Recovery I 11D: Chemical MEMPHIS, TN 38109 N420) REFINED METALS CORP. OUNDS 1996Pounds 45870 257 W. MALLORYhemical Recovery rID:N420) MEMPHIS, TN 38104Metals Summary of Waste Management Activities Summary of Waste Management Activities excluding Dioxin and Dioxin -like Compounds (Measured in Pounds) This facility did not report any waste management activities for non Dioxin -like Compounds. Summary of Waste Management Activities for Dioxin and Dioxin -like Compounds (Measured in Grams) This facility did not report any waste management activities for Dioxin and Dioxin -like Compounds. Chemicals Under Waste Management: This facility did not report any chemicals as being treated, recycled, or used in energy recovery. Transfer of Chemicals to Publicly Owned Treatment Works (POTW): This facility did not transfer any chemicals to a Publicly Owned Treatment Works (POTW). Non Production Releases: This report shows the quantities of the chemicals released to the environment by reporting year as a result of remedial actions, catastrophic events, or other one-time events not associated with production processes. Chemicals with zero release amounts are not shown. Chemical Name Re ortin Yea Unit Of Measure lRelease Quantity LEAD COMPOUNDS 12005 Pounds I0 Additional links for TRI: This information resource is not maintained, managed, or owned by the Environmental Protection Agency (EPA) or the Envirofacts Support Team. Neither the EPA nor the Envirofacts Support Team is responsible for their content or site operation. The Envirofacts Warehouse provides this reference only as a convenience to our Internet users. • National Library of Medicine (NLM) "" TOXMAP SM�ssn sq� htr9/loaspu b.epa.goy/enviro/fii_query_dtl.dis Facility Registry System (FRS) Last m_Fa cilet OnFrid Friday, Se tembe 002,"II Last ❑ptla[ed on Friday, September 02, 2011 s � i You are here: EPA Home rryyirofacts FM Report r ref `CO �L ra014 Facility Detail Report i POWERILAB INC FRS 3352 OIL LEXING70N ROAD WINSTON SALEM, NC 27107-4119 EPA Reaistry Id: 110000345421 tgend 1d Facility Wility of Interest 'rite of Interest ocadons displayed :he FRS Spatial tables. They are the �ntative locations for d facilities based on of the collection quality assurance rrmed against each North American 183 is used to display as. Environmental Interests Information System Information System ID Environmental Ynterest Tvoe Data Spvrce Fu—I Suop(emental Environmental Interests: AIR FArI! ITY SYSTEM 3706700B83 AIR SYNTHETIC MINOR (INACTIVE}) AIRS/AFS� 03 29 2011 BIENNIAL REPORTERS NCR000136556 HAZARDOUS WASTE REPORYER f_—AL RCRAINFO 12j31/2009 F MISSION INVENTORY SYSTEM fEI&} NO RYH CAROLI NA_;, FACILITY IDENTIFICATION LT TEMPL FOR STATES 8166811 8251 CRITERIA AND HAZARDOUS AIR E POLLUTANT INVENTORY STATE MASTER _ _ NC -FITS I 115DA4YG000T3D840X0KR56C7V WASTEWATER FACILITY NATIQNAL EMISSION5NV to KX CRITERIA AND HAZARDOUS AIR NEl I� PL�OMPLIANCE SySTEtl NC 5000358 NPDES NON -MAJOR N PERPMIDES T 11/04/2004 RESOURCE CONSgEVATION AND RE NC R000136556 LQG (ACTIVE) RCRAINFo 10/04/2010 ACT INFORMATION SYSTEMCOVERY TRI REPORTES TRI REPORTING FORM Additional EPA Reports: MYEnvironment Enforcement and Comolia nce Site Demoaraehics Watershed Report Standard Industrial Classification Codes (SIC) oiu Sou[S.S_J�� 2LLSELIption NC -FITS INDUSTRIAL INORGANIC CHEMICALS, NOT AIRS/AFS It 2819 , NOT PCS i1 2819 I� INDUSTRIAL INORGANIC CHEMICALS, NOT National Industry Classification System Codes (NAILS) II Description 751 1] i RASSr r.HFMTr.At MANI IFAr TI IRING R[S 325188 OTHER BASIC INORGANIC CHEMFCAL I MANUFACTURING INORGANIC CHEMICAL RCRAINFO 325168 MANUFACTURING, �` —1—.�I -----� ALL OTHER BASIC INORGANIC CHEMICAL NEf 2819 INDUSTRIAL INORGANIC CHEMICALS, NC)!== NE[ 3251BS MANUFACTURING. PSEWHERE CLASSIFIED ALL OTHER BASIC INORGANIC CHEMICAL I E25 325188 MANUFACTURING. Facflfty Codes and Flags EPA Malon: 104 Facility Mailing Addresses r�1IIi,Kumber-11937995488 �� Postal Information Affiliation Tvoe Delire ry Point City Name IStatel ,._J_ -- Cpttaresslonai District Number: 122 _ A�^�i� sx�� �_Es3lislative District Number: li PRIMARY MAILING 3352 OLD I WINSTON I NC 27507 PCS AnnRFSS I FV INr.Tf1N Rf) SAI FM HILSSnde/VVfa[ershed: ❑3040101_/ UPPER YADKIN�_� )J5 Mexico Border Indlcatarr NO _ federal Faci llty: NO� ! Lritlal_Land: NO_ _ Alternative Names No Alternative Names returned. organisations Affiliation 7 Name D Infmai m d r ssss OPERATOR j POWNClJiB If RC RAINFO jI �` �I ��-�.��I PO ANC LA6 OWNER �� RCRAiNFO View PARENT COMPANY I po.NC-6 D6637f 592 TR[S1 jIJ ,ice Additional information for CERCLIS or TRI sites: FACILITY A RESS NG LEX[fVGTO NRD_ WSALEMN NC 27107 AIRSlA FS FAC MAILING OLD WSALEMN D52 DRESS LEXINGTON RD NC 27107 RCRAINFO REGULATORY CONTACT p0 BOX 913 TERRELL 7X 75160 RCRAINFO OWNER PO BOX 913 TERREEL TX 75160 RCRAINFO FACILITY MAFLING j 3352 OLD WWSTON- ADDRESS I LEX INGTON RD NC SALEM 271D7 TRI$ Contacts Affillatlgq Yroe Full Name LSRMSTOCK TUF—TNNELL LPh—o e 3366500706 9725631477 �LliorSv [em �i� PCS TRIS nautus i L� COGNIZANT OFFICIAL PUBLIC CONTACT RCONTA 67Y GONZARPS 9725236766 RCRAINFO view Query executed on: SEP-02-2011 This information resource is not maintained, managed, or owned by the Environmental Protection Agency (EPA) or the Envirofacts Support Team. Neither the EPA nor the Envirofacts Support Team is responsible for their content or site operation. The Envirofacts Warehouse provides this reference only as a convenience to our Internet users. • National Library of Medicine (NLM) 6717—M 7 xm P JAY' to sy'q p �� � yz Enforcement & Compliance History Online (ECHO) ya You are here: EPA Home Compliance and Enforcement ECHO Search Data Search Results � 4� fi z', PROS Detailed Facili�/ Report Ll'.,t1 Report Data '7 p a p Error Dictiona For Public Release - Unrestricted Dissemination Report Generated on 09/0212011 US Environmental Protection Agency - Office of Enforcement and Compliance Assurance Gray text in this report indicates information that is not required to be reported to EPA. These data, typically regarding non -major or smaller facilities, are often incomplete. Facility Permits and Identifiers Data Dictionary Statute System Source ID Facility Name Street Address City State Zip FRS 110000345421 POWERLAB INC 3352 OLD LEXINGTON ROAD WINSTON SALEM NC 27107 CAA AFS 3706700883 POWERLAS 3352 OLD LEXINGTON RD. WINSTON-SALEM NC 27107 CAA NEI NEINCT$2797 Powedabinc nc 27107 CWA IPCS INCS000366 lPowerlab Incorporated 13352 Old Lexington Rd WINSTON-SALEM INC 1271D7111 RCRA RCR NCR000136556 POWERLAB INC 3352 OLD LEXINGTON RD WINSTON-SALEM NC 27107 EP313 TRI 127107PWRLB33520 POWERLAB INC 3352 OLD LEXINGTON RD WINSTON-SALEM INC 27107 Facility Characteristics Data Dictionary Permit Latitude/ Indian SIC NAICS Statute Source ID Universe Status Areas Expiration Date Longitude Country? Codes Codes LRT: 110000345421 36.056129, No -80.229248 Synthetic Minor Permanently CAA 3706700883 SIP NA 2819 (Fed, Rep.) Closed 36.0572 CWA NCS000368 Minor Active 09/30/2011 , No 2819 -80.2300 RCRA NCR000136556 LOG Active {H } No 325188 EP313 27107PWRLB33520 36.0566, NA 2819 325188 80.2292 If the CWA permit is past itsexpiration date, thisnormally means that the permitting authority has not yet iced a new permit. In these situations, the expired permit is normally administratively extended and kept in effect until the new permit is issued. For the RCRA program, activities that contribute to an overall facility status of Active are displayed in parentheses using the acronym HPACS, where H indicates handler activities, P - permitting, A - corrective action, C -converter, and S - state -specific. More information is available in the Data Dictionary. Inspection and Enforcement Summary Data data Dictionary Statute Source ID Insp. Last 05Yrs Date of Last Inspection Formal Enf Act Last 05 Yrs Penalties Last 05 Yrs CAA 3706700883 1 04/09/2008 0 $00 CWA NGS000368 7 01/24/2008 0 $00 RCRA NCR000136556 7 03/28/2011 0 $00 i Compliance Monitoring History (05 years ) Data Dictionary Lead Statute Source ID System Inspection Type Date Finding Agency STATEILOCAL CONDUCTED FCEION- CAA 3706700883 AFS State 04/09/2008 SITE OWNERIOPERA TOR -CONDUCTED Result=STACK TEST PASSED; CAA 3706700883 AFS State 0210812011 SOURCE TEST Pollutant=PB OWNERIOPERATOR-CONDUCTED Result=STACK TESTPASSED; CAA 3706700883 AFS State 0210812011 SOURCE TEST Pollutant=PB OWNERIOPERATOR-CONDUCTED Result=STACKTESTPASSED; CAA 3706700863 AFS State 0210812011 SOURCE TEST Pollutant=PB OWNER/OPERATOR-CONDUCTED Result=STACK TESTPASSED; CAA 3706700883 AFS State 02/08/2011 1Po11utanI=PB SOURCE TEST 0 WNER/OPERA TOR-CONDUC TED TESTPASSED; CAA 3706700883 AFS State 021091201T lResult=STACK SOURCE TEST Pollutant=PB 0 WNERIOPERA TOR-CONDUC TED Rosult=STACK TESTPASSED; CAA 3706700883 AFS State 0210912011 SOURCE TEST Pollutant=PB OWNERIOPERATOR-CONDUCTEDState Result=STACK TESTPASSED; CAA 3706700883 AFS SOURCE TEST 0210912011 Pollutant=PB CWA NCS000368 PCs COMPLIANCE EVAL (NON -SAMPLING) State 07/13/2006 CWA NCS000368 PCs STORMWATER State 07/13/2006 CWA NCS000368 PCs COMPLIANCE EVAL (NON -SAMPLING) State 1211112007 CWA NCS000368 PCs COMPLIANCE EVAL (NON -SAMPLING) State 1212012007 CWA NCS000368 PCs STORMWATER State 1212012007 CWA iNCS000368 PCs COMPLIANCE EVAL (NON -SAMPLING) State 01/24/2008 CWA NCS000368 PCs STORMWATER State 01/24/2008 COMPLIANCE EVALUATION Violations Or Compliance Issues RCRA NCR000136556 RCR INSPECTION ON -SITE State 06/0712007 Were Found No Violations Or Compliance Issues RCRA NCR000136556 RCR COMPLIANCE SCHEDULE EVALUATION State 07/2012007 Were Found RCRA NCR000136556 RCR COMPLIANCE EVALUATION Violations Or Compliance Issues INSPECTION ON -SITE State 05/15/2008 Were Found No Violations Or Compliance Issues RCRA NCR000136556 RCR COMPLIANCE SCHEDULE EVALUATION State 07/28/2008 Were Found No Violations OrCorrpliance Issues RCRA NCR000136556 RCR COMPLIANCE ASSISTANCE VISIT State 09/02/2009 Were Found RCRA NCR000136556 COMPLIANCE EVALUATION No Violations Or Compliance Issues RCR INSPECTION ON -SITE State 02/2412010 Were Found COMPLIANCE EVALUATION Violations Or Compliance Issues RCRA NCR000136556 RCR State 02/0312011 INSPECTION ON -SITE Were Found No Violations Or Compliance Issues RCRA NCR000136556 RCR COMPLIANCE SCHEDULE EVALUATION Stale 03/28/2011 Were Found Entries in italics are not considered inspections in official counts Compliance Summary Data Information on the nature of alleged violations is available on the FAQ page. LK)ata Dictionary Statute Source ID Current SNCIHPV? Description Current As Of Qtrs in NC (of 12) CAA 3706700883 NO 0811312011 CWA NCS000368 NIA Jan-Marl1 RCRA NCR000136556 No 08/09/2011 1 Three Year Compliance Status by Quarter jjDa6 Dictionary Violations shown in a given quarter do not necessarily -span the entire 3 months Information on the nature of alleged violations is available on the FAQ page, and information on the duration of non-compliance is available at the end of this report. AIR Compliance Status Statute:Source QTR1 QTR2 QTR3 QTR4 QTR5 QTR6 QTR7 QTR8 QTR9 QTR10 QTR11 OTR12 ID Oct- Jan- Apr- Jul- Oct- Jan- Apr- Jul- Oct- Jan- Apr- Jul - CAA. Dec08 Mar09 Jun09 Sep09 DecO9 Mar10 Jun10 Sep10 Dec10 Marl Junl1 Sep11 3706700883 HPV History /Pollutant in Current Violation IP High Priority Violator (HPV) History section: "UnaddP means the facility hasnot yet been addressed with a formal enforcement action. "Addrs"meansthe facility has been addressed with a formal enforcement action, but itsviolations have not been resolved. Lead Agency designated can be US EPA, State, Both, or No Lead Determined. If HPV History isblank then the facility was not a High Priority Violator. V=Violation; S=Compliance Schedule, RCRA Compliance Status Statute:Source ID QTR1 QTR2 QTR3 QTR4 QTR5 QTR6 QTR7 QTR8 QTR9 QTR11 QTR12 QTR10 RCRA! Oct- Jan- Apr- Jul- Oct- Jan- Apr- Jul- Oct- Apr- Jul- Jan-Marl1 NCR000136556 DecO8 Mar09 Jun09 Sep09 DecO9 Mar10 Jun10 Sep10 Dec10 Jun11 Sepl1 Facility Level In Viol Status Type of Violation Agency Generators - Pro- 02103I11- NC transport 03/28/11 Generators - Pre- 02103I1 1- NC transport 03/2811 1 The first date displayed for a RCRA Violation corre sponds to the violation determination date, and the next to the resolution date (if the violation has been resolved). Notices of Violation or Informal Enforcement -AFS, PCS, ICIS-NPDES, Data Dictionary RCRAInfo (05 year history) Statute Source ID Type of Action Lead Agency Date RCRA NCR000136556 WRITTEN INFORMAL State 06/11/2007 RCRA NCR000136556 WRITTEN INFORMAL ]State State 06/05/2008 RCRA NCR000136556 WRITTEN INFORMAL 02/14/2011 Formal Enforcement Actions - (05 year history) AFS, PCS, RCRAInfo, NCDB Data Dictionary Statute I Source ID Type of Action Lead Agency I Date I Penalty Penalty Description - No data records returned. In some caws, formal enforcement actions may be entered both at the initiation and final stagesof the action. These may appear more than once above. Entries in italics are not "formal" actions under the PCS definitions but are either the initiation of an action or penalties assessed as result of a previous action. This section includes US EPA and State formal enforcement actions under CAA, CWA and RCRA. ICIS Data Dictionary Primary Law/Section Case Number Case Type Lead Agency Case Name Issued/Filed Date Settlement I Date Federal I Penalty State/Local I Penalty SEP IC..pArtion I Cost Cost - No data records returned. Federal enforcement actions and penalties shown in this section are from the Integrated Compliance Information System (ICIS-FEBC). These actions may duplicate records in the Formal Enforcement Actions section. TRI History of Reported Chemicals Released in Pounds per Year at ;DataDictinnary Site:27107PWRLB33520 Chemical releases reported to TRI are provided for Context and are not associated with non-compNance for that facility. Year 1 Total Air Emissions Surface Water Discharges Underground Injections Releases to Land Total On -site Releases Total Off -site Transfers Total Releases and Transfers 2001 11 11 133,169 133,180 2002 11 11 92,700 92,711 2003 11 11 20 31 2004 14 14 132,660 132,674 2005 20 20 352,077 352,097 2006 24 24 173,350 173,374 20071 24 24 44,667 44,691 2008 18 18 2 20 2009 2 1 1 1 2 1 34 36 TRI Total Releases and Transfers by Chemical and Year Chemical releases and transfers are in pounds except where otherwise noted. Chemical Name 2001 2002 2003 2004 2005 2006 2007 2008 2009 LEAD COMPOUNDS 133,180 92,711 31 132,674 352,097 173,374 44.691 20 1 36 Demographic Profile of Surrounding Area (3 Miles), `DataOcUpnary Open more detailed information in a new window (links leave ECHO): 1 Mi 3 Mi or Mi. Thissection provides demographic information regarding the community surrounding the facility. ECHO compliance data alone are not sufficient to determine whether violations at a particular facility had negative impactson public health or the environment. Slatistics are based upon the 2000 US Census data, and are accurate to the extent that the facility latitude and longitude listed below are correct. The latitude and longitude are obtained from the EPA Locational Reference Table(LRT) when available. Radius of Area: 3 Miles Land Area: 99.65% Households in area: 16,512 Center Latitude: 36.053781 Water Area: 0.35% Housing units in area: 17,938 Center Longitude: -80.225191 Population Density: 1523.291sq. mi. Households On Public Assistance: 716 Total Persons: 42,911 Percent Minority: 58.61% Persons Below Poverty Level: 8,212 Race Breakdown Persons (%} Age Breakdown: Persons (%} White: 19,640 (45.77%) Child 5 years and less: 3,894 ( 9.07%) Africanamerican: 18,566 (43.27%) Minors 17 years and younger: 10,785 (25.13%) Hispanic Or! gin: 6,439 (15.01%) Adults 18 years and older: 32,130 (74.88%) Asian/Pacific Islander: 324 (0.76%) Seniors 65 years and older: 4,673 (10.89%) American Indian: 1164 ( 0.38%) OtherlMuitiracial: 13,317 (7.73%) Education Level (Persons 25 & older) Persons (%} Income Breakdown: Households (%} Less than 9th grade: 2,598 (10.61 %) Less than $15,000: 3,781 (22.90%) 9th-12th grades: 4,793 (19.58%) $15,000-$25,000: 2,849 (17.25%) High School Diploma: 8,129 (33.20%) $25,000-$50,000: 5,602 (33.93%) Some College/2-yr: 4.700 (19.20%) $50,000-$75,000: 2,689 (16.29%) B.S./B.A. or more: 4,262 (17.41 %) Greater than $75,000: 1,602 (9.70%) Notice About Duration of Violations — The duration of violations shown on this report is an estimate of the actual duration of the violations that might be alleged or later determined in a legal proceeding. For example, the start date of the violation as shown in the ECHO database is normally when the government first became aware of the violation, not the first date that the violation occurred, and the facility may have corrected the violation before the end date shown. In some situations, violations may have been corrected by the facility, but EPA or the State has not verified the correction of these violations. In other situations, EPA does not remove the violation flag until an enforcement action has been resolved. L& ap This report was generated by the Integrated Data for Enforcement Analysis (IDEA) system, which updates its information from program databases monthly. The data were last updated: AFS: 08/13/2011. PCS: 08/13/2011. RCRAInfo: 08/09/2011. FRS: 08/1112011. 7RI: 01/27/2011. Some regulated facilities have expressed an interest in explaining data shown in the Detailed Facility Reports in ECHO. Please check company web sites for such explanation& EPA Home I Privacy and Security Notice I Contact Us Integrated"Report y Ir All 3,12 Wa r t C r n tsatsga 3b3 d kts a rc ryHS55flewiUlfish a su plujo a o several tsh p ties A{1_Numb_er AU Name AU_Description,LengthArea AU_Untt; Gasslficatlan + Category ParameterReason for Rating Use Category Collection Year 303(d)year Yadkin Effee Dee RiYer 9as(n fVluddy�Creek;Watershed.0304010113' 0 12-94-(0.5)a Muddy Creek From source to Mill Creek #3 10.3 FW Miles C 5 Ecological/biological Integrity Benthos Fair Bioclassification Aquatic Life 2006 2008 1 Ecological/biological Integrity FishCom Excellent Bioclassification Aquatic Life 2004 Q 12-94-(0.5)b Muddy Creek From Mill Creek #3 to SR 2995 15.2 FW Miles C 5 Copper Standard Violation Aquatic Life 2008 2010 4s Ecological/biological Integrity Benthos. Fair Bioclassification Aquatic Life 2006 2008 3a Fecal Coliform (recreation) Potential Standards Violation Recreation 2008 5 Zinc Standard Violation Aquatic Life 2008 2010 (D 12-94-(O.S)c Muddy Creek From SR 2995 to a point 0.8 mile upstream 4.8 FW Miles C of mouth 1 Fecal Coliform (recreation) No Criteria Exceeded Recreation 2008 5 "Turbidity Standard Violation Aquatic Life 2008 2030 Q 12-94-9b Reynolds Creek From Sequoia WWTP to Muddy Creek 2.9 FW Miles C 1 Ecologicallhiological Integrity Benthos Not Impaired Bioclassification Aquatic Life 2006 Q 12-94-12-(4) Salem Creek (Middle From Winston-Salem Water Supply Dam 12.0 FW Miles C Fork Muddy Creek) (Salem Lake) to Muddy Creek 5 Copper Standard Violation Aquatic Life 2008 2008 4s Ecologicalibiological Integrity Benthos Fair Bioclassification Aquatic Life 2006 2008 1 Ecological/biological Integrity FishCom Good -Fair Bioclassification Aquatic Life 2004 4t Fecal Coliform (recreation) Potential Standards Violation Recreation 2008 2008 5 Zinc Standard Violation Aquatic Life 2008 2008 Q 12-94-12-(1) Salem Creek (Middle From source to Winston-Salem Water 275.3 FW Acres WS-III;CA Fork Muddy Creek, Supply Dam (Salem Lake) Salem Lake) 3n Chlorophyll a Potential Standards Violation Aquatic Life 2008 1 Water Quality Standards Water Suppiy No Criteria Exceeded Water Supply 2008 (2) 12-94-10 Silas Creek From source to Muddy Creek 10.1 FW Miles C 1 Ecologicallbiological Integrity FishCorn Goad -Fair Bioclassification Aquatic Life 2006 0 12-94-13 South Fork Muddy From source to Muddy Creek 14.3 FW Miles C Creek 1 EcologicaUbiological Integrity Benthos Good -Fair Bioclassification Aquatic Life 2006 1 Ecological/biological Integrity FishCom Good Bioclassification Aquatic Life 2006 NC 2050 integrated Report 5-303(d) List EPA Approved Aug �t1, 2010 10/19/2010 Page 10 of 41 Yadkin Pee Dee River Basin Plan Summary Hydrologic Unit Code 030401 GENERAL DESCRIPTION The Yadkin -Pee Dee River basin is the second largest basin in North Carolina and covers approximately 7,213 square miles, spanning 21 counties. Originating on the eastern slopes of the Blue Ridge Mountains in Caldwell and Wilkes counties, the Yadkin River flows northeasterly for about 100 miles and then turns southeast until joined by the Uwharrie River to form the Pee Dee River. The Pee Dee River continues its southeast course through North and South Carolina to Winyah Bay at the Atlantic Ocean. Increasing nutrient enrichment, urbanization, and wastewater are the primary impacts to water quality in this basin. Most of these impacts are focused in the counties of Forsyth, Rowan, Iredeli, Cabarrus, Davidson, and Union. Land conversion from forest and agricultural practices to suburban uses is occurring nearly everywhere throughout this basin. Only protected natural areas and steep mountainous terrain are not impacted by these changes. Despite these areas of concern, there are still streams in largely forested and comparatively undeveloped catchments with very good water quality. Most of these waters are found in northern Wilkes, western Surry, and portions of Montgomery County (Uwharrie National Forest). In fact, of the 51 streams and rivers classified Outstanding Resource Waters (ORW) in the Yadkin -Pee Dee River basin, 73% are located in these counties. The Yadkin -Pee Dee River basin experienced moderate to severe drought conditions in 2001, which had the potential to reduce the impacts from nonpoint sources and magnify the impacts from point source discharges. CURRENT STATUS There are 94 impaired assessment units in the Yadkin Pee -Dee River (Figure ,1 /Table 1). Impaired waterbodies are those streams/lakes not meeting their associated water quality standards in more than 10 percent of the samples taken within the assessment period (January 1, 2002 through December 31, 2006) or those not meeting the narrative standards for either benthic macroinvertebrate community criteria or fish community criteria. Most of the stream impairments (26%) are based on poor biological integrity measured by aquatic macroinvertebrates and fish communities, followed by turbidity violations (19%), low dissolved oxygen levels (6%) and elevated fecal coliform bacteria (4%). in lakes and reservoirs, chlorophyll a exceeds the standards in 36% of the total acres sampled, followed closely by high pH levels (35%) and turbidity in 17% of the samples. BASIN AT A GLANCE COUNTIES Alexander, Alleghany, Anson, Ashe, Cabarrus, Caldwell, Davidson, Davie, Forsyth, Guilford, Iredell, Mecklenburg, Montgomery, Randolph, Richmond, Rowan, Scotland, Stanly, Stokes, Surry, Union, Watauga, Wilkes, Yadkin PERMITTED FACILITIES NPDES WWTP Major: 40 Minor: 193 NPDES Nondischarge: 80 NPDES Stormwater General: 647 Individual: 37 Phase 11 21 Animal Operations: 347 AQUATIC LIFE SUMMARY Rivers Et Lakes Et Streams Reservoirs (Miles) (Acres) Monitored 2,320 32,263 39% 92% Supporting 1,284 12,796 55% 40% Not Rated 123 8,004 5% 25% Impaired 912 11,463 39% 36% No Data 3,626 2,731 61 % 8% .Totallength 5,946 34,994 or area _ r. ES N Municipalities 8-Digit Hydrologic Unit Code Yadkin R. Headwaters Q 03040101 South Yadkin R. 03040102 Yadkin River Ow 03040103 L. Tillery/Pee Dee R. Q 03040104 Rocky R. Watershed Q 03040105 Pee Dee R. 03040201 Lynches R. Q 03040202 Use Support Rating Supporting r� Impaired {Huntersvil 1 �, i r' ris j' Charlotte Mi 1=,MECKLENBURG :l Sco Division of Water Quality 0 5 10 20 Basinwide Planning Unit Miles July, 2008 BIOLOGICAL SAMPLING The basinwide biological (fish and benthic community) sampling effort in the Yadkin - Pee Dee River basin increased by 12 percent between samples collected in 2001 and samples collected in 2006; however, this increased effort did not significantly impact the ratio of supporting and impaired streams. Nineteen percent of the waters sampled between 2001 and 2006 showed an improvement in biological communities (Figure 2). There was a 17 percent decline in benthic and fish populations between 2001 and 2006. Most declines were noted in areas along the urbanizing 1-85 and 1-40 corridors, particularly in western Cabarrus County. AMBIENT SAMPLING Problem areas were scattered throughout the basin. See 8-digit hydrologic unit code (HUC) subbasin sections to get specifics on individual streams and lakes. IGURE L. piologlcal Community Population Shifts 2001-2006 Declined 17% First Sample 1895 The majority of North Carolina, including the Yadkin -Pee Dee River basin, experienced drought in 2002, and significant rains in 2003. These dramatic changes in flow appear to account for fluctuations for many parameters, including temperature, specific conductance, dissolved oxygen, pH, turbidity, and fecal coliform. Comparisons of the six hydrologic units (HU) within the Yadkin -Pee Dee River basin yielded the following: -Physical Parameters: all HUs: • Temperature: The majority of variation in temperature is caused by seasonal and daily variation in solar radiation and air temperature. A slight increase in surface water temperature was detected in the South Yadkin HU. There were no discernible trends in the other five HUs. • Specific Conductance: Conductance peaked in 2002 during the drought. Similarly it reached its lowest point during 2003 and the end of the drought. Downward trends in conductivity values in the Yadkin River Headwaters, the Rocky River, and the Pee Dee River reflect the end of the drought and resultant dilution due to increased runoff and rainfall. • Dissolved Oxygen: Dissolved Oxygen was at its lowest during the 2002 drought. Increasing concentrations in the Yadkin River Headwaters, the Rocky River, and the Pee Dee River reflect the end of the drought. • pH: The ending of the drought in 2003 caused a steep decline in pH values throughout the basin. • Turbidity concentrations appear to be decreasing in the South Yadkin and High Rock Lake HUs and increasing in the Rocky River HU. Turbidity concentrations were low during the 2002 drought, rose in 2003, and have since stayed relatively even. • Fecal Coliform bacteria levels peaked during the 2003 rains, and has decreased since then. Significant downward trends are present in the Yadkin River Headwaters, the South Yadkin River, the High Rock Lake, and the Lake Tillery HUs. Nutrients -in Yadkin River Headwaters R South Yadkin River 8-digit HUs: • Ammonia concentrations appeared to decrease slightly and do not appear to be related to the drought. • Total Kjeldahl Nitrogen concentrations appeared to be decreasing and do not appear to be related to the drought. • Total Nitrate and Nitrite concentrations peaked during the drought and were beginning to decrease after the drought ended. • Total Phosphorus concentrations appeared to decrease. Concentrations were slightly higher during the drought. • Nutrients in Lake Tillery HU: Total Nitrate and Nitrite concentrations appeared to increase slightly. • Nutrients in Rocky River HU: Total Phosphorus concentrations tended to be higher than in the rest of the HUs. SIGNIFICANT ISSUES WATER QUALITY STRESSORS Et SOURCES Rivers and Streams Stressors are indicators or parameters that may cause water quality degradation. Twenty-six percent of stream impairments are based on poor biological integrity measured by aquatic macroinvertebrates and fish communities, turbidity violations account for 19 percent, low dissolved oxygen levels six percent and elevated fecal coliform bacteria four percent. Stream miles impaired by these parameters are indicated in Figure 3. FIGURE 3. STREAM MONITORED PARAMETERS 500 450 400 350 n 300 _m 250 200 150 100 ' 3 50 0 >, t o O VJ L ❑ - s M. U a o Cd o = (D c. oaa) m an s LL U When evaluating water quality stressors, DWQ evaluates and identifies the source of the stressor as specifically as possible depending on the amount of information available for that particular watershed. Sources are most often associated with the predominant land use where the altered hydrology is able to easily deliver the water quality stressor to the waterbody. Factors that contribute to habitat degradation include increased impervious surfaces, sedimentation and erosion from construction, general agriculture, and other land disturbing activities. Sources identified as contributing to water quality degradation in the Yadkin- Pee Dee River basin are found in Figure 4. FIGURE 4. IDENTIFIED SOURCES CONTRIBUTING TO WATER QUALITY DEGRADATION IN STREAMS 4% 0% 5 \BUY cb�� \`'�05 yti ca C6�.a P for \ Q0 9P ,aoa CP as a Lakes and Reservoirs For lakes and reservoirs in the Yadkin -Pee Dee River basin, nutrient overenrichment is the largest stressor as evidenced by the high percentage of waters impacted by high chlorophyll a levels and high pH (Figure 5). Turbidity and temperature were the next most common stressors to these lake and reservoir systems. Stormwater is the predominant stressor source for takes and reservoirs in the Yadkin- Pee Dee River basin (Figure 6). Stormwater is the flow of water that results from. precipitation and usually occurs immediately following a rainfall. Common stormwater pollutants include sediment, nutrients, organic matter, bacteria, oil and grease, and toxic substances (i.e., metals, pesticides, herbicides, hydrocarbons). Stormwater can also impact the temperature of a surface waterbody, which can affect the water's ability to support healthy aquatic communities. FIGURE 5. LAKE IMPAIRED PARAMETERS FIGURE 6. IDENTIFIED SOURCES CONTRIBUTING TO WATER QUALITY DEGRADATION IN LAKES Nutrients Nutrients are significantly impacting lakes throughout the basin as evidenced by algal productivity. Most impoundments in the piedmont are sensitive to nutrient inputs and are unable to effectively assimilate the nutrient loads exported from developed and agricultural areas, as well as wastewater discharges. Most of the lakes sampled by DWQ during this assessment cycle showed evidence of nutrient overenrichment (Table 1). TABLE 1. IMPOUNDMENTS WITH INDICATIONS OF NUTRIENT OVERENRICHMENT Nutrient overenrichment can result in algal blooms that deplete oxygen, kill fish and create taste and odor problems in drinking water. A detailed sampling report of these Lakes and Reservoirs is available from DWQ's Environmental Sciences Section: http:ll h2o. enr. state.nc. uslesbIBasinwide/ Yadkintakes200W.pdf. ATERBt]DY High Rock Lake Lake Fisher Salem Lake Lake Concord Lake Thom-a-lex Lake Lee Tuckertown Reservoir Lake Monroe Back Creek Lake Lake Twitty Bunch lake City Pond (Wadesboro Lake) Fecal Coliform Fecal coliform concentrations peaked during the 2003 rains and have since decreased. Significant decreases are present in the Yadkin River headwaters, South Yadkin River, High Rock Lake, and Lake Tillery HUs. Concentrations appear to be increasing in the Rocky River HU. While fecal coliform concentrations appear to be decreasing in many HUs, many samples in all HUs were well above the 400 colonies/ml maximum limit. Turbidity The distribution of turbidity violations and sample locations make it difficult to isolate a single source of erosion in the Yadkin River headwaters. It appears, however, violations are highest in the Yadkin River mainstem, agricultural areas, and transitional suburban areas. Violations are lowest in the upper watershed where land use is predominantly forest. This observation exemplifies the utility of stream buffers and natural areas. Figure 7 depicts the distribution of fecal coliform and turbidity standards violations within the Yadkin -Pee Dee River basin. For the most part, elevated concentrations of one are associated with elevated concentrations of the other and are found in some of the more developed areas of the basin. Figure 8 shows the percent of samples per year that exceeded 50 NTUs for all ambient stations in the entire Yadkin- Pee Dee Basin between 1997-2007. High rainfall events in 2003 clearly result in increased turbidity impairments. See: Yadkin Ambient Monitoring System Report and Yadkin Basinwide Assessments for detailed sample results and discussion. FIGURE 7. WATER QUALITY VIOLATIONS FICIIQF A TIIDmnrry rn►ADAOicrl Al V1 C4 M L41 z CL z LU LAJ LU a w uj CL z CY z Ad HIGH QUALITY WATERSHEDS AT A CROSSROADS Stream degradation in this river basin closely follows population density and land use patterns. Degradation is more common in agriculture areas than in forested headwaters and most concentrated in urban areas. However, this pattern may be changing as new development pressure, in the form of secluded resort communities and low -density second home developments, increases in the forested headwaters. Many of these developments are sited in designated High Quality and Outstanding Resource Watersheds (HQW10RW). One of the largest residential/resort communities in North Carolina is currently under construction in the Elk Creek ORW. Because ORW watersheds usually occur in historically rural and undisturbed areas, the long-term ability of the management strategies to maintain ORW status in the face of these new developments remains untested. Research suggests that streams begin to degrade when watershed imperviousness reaches ten percent of the total land area. The ORW management strategy, however, allows for much higher densities provided the development treats the first inch of rainfall. The management strategy also requires enhanced sediment and erosion control and, in some cases, a 30-foot stream buffer. The management strategy does not restrict the number of developments or homes that may be constructed in a watershed. It is unclear if these restrictions are sufficient to maintain excellent water quality as development and cumulative imperviousness increases. New research that accurately projects development scenarios and their impact on water quality is needed in the short term. INTERSECTING WATER OUALITY WITH WATER QUANTITY Recent droughts in North Carolina have raised significant concern about long term water availability for human uses. Efforts are underway to study and update North Carolina's water supply laws and raise local water supply resistance to future droughts. These efforts will lead to inevitable alterations in stream flow, and thus directly impact water quality. Impacts to water quality and biological integrity must be fully examined in these planning efforts. The Rocky River Watershed (HUC 03040105), in the southwestern portion of the basin, is one of the first regions in North Carolina forced to find the difficult balance between clean and reliable drinking water, healthy streams, and rapid urbanization. From Mooresville in the north to Monroe in the south, most of the suburban communities around Charlotte depend in some way on the ecological services provided by the Rocky River and are facing strong development pressure. With the growing population come additional demands for drinking water supply and wastewater assimilative capacity. Solutions for one of these will directly impact the other. For example, the stream flow volume altered by new interbasin transfers will alter the calculations used to derive wastewater discharge permit limits. In another possible scenario, access to additional water withdrawals by an upstream community may be restricted because downstream discharges require a certain flow to remain in permit compliance. The complexity of this system requires close coordination between DWQ and the Divisions of Water Resources (DWR) and Environmental Health (DEH) if a sustainable solution is to be derived. COORDINATING STREAM RESTORATION AND PROTECTION EFFORTS Sixty-three waterbodies in the Yadkin -Pee Dee River basin are impaired (Appendix A) and more streams are added during each new assessment. Population growth and associated land use changes, higher water consumption, greater wastewater production, and stormwater runoff are major contributors to these impairments. The protection and restoration of streams is a multi -agency effort, requiring various levels of resources and expertise. North Carolina has shown great leadership by dedicating funding for water quality protection and restoration through several trust funds. Additionally, a broad network of local governments, conservation trusts, and other nonprofit organizations support stream protection and restoration at the local level. Despite these accomplishments, many water quality improvement efforts lack adequate resources resulting in management that may be under -coordinated and inefficient. Tighter coordination between organizations involved in restoration and protection of surface waters will lead to expeditious and cost-effective projects. Specifically, common program goals and watersheds with the potential to meet these goals should be identified. These watersheds should be prioritized and a concerted effort to focus each organization's technical specialties should be undertaken. By focusing resources and spreading the burden hetween organizations restoration projects will proceed more efficiently. DWQ has initiated an effort to bring the state organizations together for the purpose of identifying common goals and mandates. Encouragement from DENR management and partnerships with local organizations will go a long way towards advancing this effort and lead to new restoration synergy. Currently, multiple state and local agencies are actively involved in restoration efforts in Ararat River and Grants, Coddle, Goose and Crooked Creeks' watersheds. Specific information regarding each of these efforts is detailed in its own subbasin/watershed report. As information and resources become available these reports will be updated to assist in coordination and tracking activities. TOTAL MAXIMUM DAILY LOADS (TMDL) A Total Maximum Daily Load (TMDL) is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards. This includes an allocation of that amount to the pollutant's sources and a margin of safety. A TMDL includes a detailed water quality assessment that can provide the scientific foundation for a restoration implementation plan. However, under the Federal Clean Water Act there is no requirement to develop an implementation plan. Therefore, a TMDL by itself can only identify controls to point sources since the allocation estimates are used for development of discharger permit limits. DWQ is supporting local development and implementation of management strategies to address nonpoint sources in these watersheds. TMDLs have been completed in the basin for the waters listed in Table 2. A management strategy including rules is under development for Goose Creek. More information on Goose Creek is available at http://h2o.enr.state.nc.uslcsul GooseCreek.html. High Rock Lake TMDL DWQ has initiated a TMDL development process for High Rock Lake due to violations of the turbidity and chlorophyll a standards. Turbidity and sedimentation are significant water quality issues in the Yadkin River Headwaters. The sediment generated in the Yadkin River Headwaters contributes directly to the water quality impairment observed in High Rock Lake. In addition to sediment, runoff from the landscape delivers substantial nutrients to High Rock Lake that lead to chlorophyll a violations. Residents and government agencies in the Yadkin River Headwaters are active in the TMDL development process for the lake and will be working together to implement point and nonpoint source pollution reduction strategies. TABLE 2: FINALIZED TMDLs IN THE YADKIN - PEE DEE RIVER BASIN Wq ERBao Elk Creek q L A Fecal Coliform !N Final TMDL Fr q T DL. D Feb. 20, 2008 McKee and Clear Creeks Fecal Coliform Final TMDL Aug. 1, 2003 Rocky River Fecal Coliform Final TMDL Sept. 19, 2002 Grants Creek Fecal Coliform Final TMDL Sept. 27, 2002 Fourth Creek Fecal Coliform Final TMDL Dec. 19, 2001 Rich Fork and Hamby Creeks Fecal Coliform Final TMDL Apr. 28, 2004 Fourth Creek Turbidity Final TMDL Nov. 22, 2004 Goose Creek Fecal Coliform Final TMDL July 8, 2005 Grants Creek Turbidity Final TMDL Sept. 25, 2006 Salem Creek Fecal Coliform Final TMDL Sept. 25, 2006 RIVER BASIN HYDROLOGIC UNITS The Yadkin River basin covers over 7,000 square miles. Many management strategies a more appropriate to smaller land areas. Therefore the basin is divided into smaller watersheds based on major drainages. Under the federal system, the Yadkin River basin is made up of hydrologic areas referred to as cataloging units (USGS 8-digit hydrologic units). Cataloging units ar further divided into smaller watershed units (10 and 12-digit hydrologic units or local watersheds) that are used for smaller scale planning. Historically, DWQ has used its own 6-digit watershed numbering system but is migrating to the federal System for consistency. A comparative map of the different systems is show in Figure 11. D] FIGURE 11. YADKIN-PEE DEE RIVER BASIN HYDROLOGIC DIVISIONS RECOMMENDATIONS WATER QUALITY STRESSORS: HABITAT DEGRADATION, TURBIDITY, FECAL COLIFQRM €t NUTRIFNTS • Encourage and support implementation of Best Management Practices, Sediment it Erosion Control Local Programs and Local Stormwater Control Ordinances. • Support research to determine the contribution of human accelerated erosion sources vs. natural processes. • Develop watershed restoration plans for through federal, state and local stakeholder initiatives. • Collect sufficient samples at locations with elevated fecal coliform bacteria counts prioritized such that those sites classified for organized swimming (B) are addressed first to allow complete use support determinations. • Use High Rock Lake restoration efforts and research to direct nutrient management strategies in the upper basin. HIGH QUALITY WATERS • Conduct a comprehensive review of the North Carolina's High Quality Waters management strategy to determine how it is working and where it needs to be adjusted. • Support new research that accurately projects development scenarios and their impact on water quality. COORDINATED EFFORTS • Evaluate the need for basinwide sediment, buffer and stormwater management programs with appropriate agency partners. • In partnership with Division of Water Resources, assess water supply and assimilative capacity in the Rocky River watershed with the goal of deriving a sustainable solution to the area's water supply and wastewater concerns. • Continue support of the Yadkin -Pee Dee River Basin Association's monitoring efforts. • Continue support of the restoration projects within the basin and pursue opportunities to develop partnerships and restoration activities in other impaired watersheds. Appendix A. Impaired Waterbodies in Yadkin Pee -Dee River Basin because of Standard Violations or Exceeded Biological Criteria AU NUMBER HUC (WATERSHED BOUNDARY NAME CLASS PARAMETER OF INTEREST 12 1 03040101 Yadkin River C; Tr Turbidity 12 80.7 03040101 Yadkin River WS-Iv Turbidity 12 86.7 03040101 IYadkin River WS-Iv Turbidity 12 97.5 03040101 Yadkin River WS-IV-CA Turbidity 12-102-13 2 03040101 Cedar Creek C Fish 12 24 (10) 03040101 Elk Creek B;ORW Recreation- Fecal Coliform Bacteria 12-42-9 03040101 Long Creek C Benthos 12 46 03040101 Roaring River B Recreation- Fecal ColiformBacteria 12-63-14 03040101 Cody Creek C Turbidity 12-63.5-(3) 03040101 Endicott Creek (Branch) WS-I1; Tr H QW Benthos 12-72 18 03040101 Ararat River WS-1V Turbidity 12-72 4.5 b 03040101 Ararat River C Turbidity_ 12-72-14-5b 03040101 Heatherly Creek C Benthos 12-72-8 3 03040101 Lovills Creek Lovell Creek C Benthos 12-84-1 0.5 03040101 North Deep Creek C Turbidity 12-84-2 5.5 03040101 South Deep Creek WS-IV Turbidity 12-94 0.5 a 03040101 Muddy Creek C Benthos 12-94 0.5 b 03040101 Muddy Creek C Benthos 12-94-12-(4) 03040101 Salem Creek (Middle Fork Muddy Creek) C Benthos, Recreation- Fecal Coliform Bacteria 12-108 14.5 03040102 South Yadkin River WS-IV Turbidity 12-108 19.5 b 03040102 South Yadkin River C Turbidity 12-108-16 0.5 03040102 Hunting Creek WS-III Turbidity 12-108-18- 3 03040102 Bear Creek WS-IV I Fish 12-108-20-4a 03040102 Third Creek C Turbidity 12-108-20-4b 03040102 Third Creek C Fish Turbidity 12-108-20al 03040102 Fourth Creek C Fish 12-108-20a3 03040102 Fourth Creek C Turbidity, Benthos, Fish, Recreation- Fecal C. Bacteria 12-108-20c 03040102 Fourth Creek C Fish 12-108-21 b 03040102 Second Creek North Second Creek C Turbidity 12-108-9 0.6 03040102 Snow Creek WS-IV Fish 12-(108.5)b 03040103 Yadkin River (upper portion of High Rock Lake below normal operating level WS-V Turbidity, High pH, Chlorophyll a 12-(114) 03040103 Yadkin River (including lower portion of High Rock Lake WS-IV,B Chlorophyll a, High pH 12-(124.5)a 03040103 Yadkin River (including lower portion of ]High Rock Lake) WS- IV B-CA Chlorophyll a, High pH 12 110b 03040103 Grants Creek C Turbidity, Recreation- Fecal Coliform Bacteria 12-113 03040103 Swearinp, Creek C Fish 12-115-3 03040103 Town Creek C Benthos Fish 12-117 3 03040103 Second Creek Arm of High Rock Lake WS-IV B Chlorophyll a High PH 12.118.5a 03040103 Abbotts Creek Arm of High Rock Lake WS-V B Chlorophyll a 12-118.5b 03040103 Abbotts Creek Arm of High Rock Lake WS-V B Chlorophyll a, Turbidity, Hiph pH 12-119 1 03040103 Abbotts Creek WS-111 I Fish 12-119 6 a 03040103 Abbotts Creek C Turbidity,Benthos 12.119 6 b 03040103 Abbotts Creek C Benthos 12-119-7-3 03040103 Hunts Fork C Benthos 12-119-7-4 103040103 Hamby Creek C Benthos 12-119-7-4-1 1 03040103 lNorth Hamby Creek I C Benthos Is AU NUMBER HUC WATERSHED BOUNDARY # NAME CLASS PARAMETER OF INTEREST 12-119-7a 03040103 Rich Fork C Recreation- Fecal Coliform Bacteria 12-119-7b 03040103 Rich Fork C Fish 12-126 3 03040103 Lick Creek . WS-IV Benthos 12-126 4 03040103 Lick Creek WS-IV•CA Benthos 13- 15.5 b 03040104 Pee Dee River WS-V B Turbidity 13 34 a 03040104 Pee Dee River C Mercury 13-20b 03040104 Brown Creek C Low DO Benthos 13-5-1 1 03040104 Little Mountain Creek C Benthos 13-5-1 2 03040104 Little Mountain Creek WS-IV Benthos 13-17-17 03040105 Clear Creek C Turbidity 13-17-18-3 03040105 Duck Creek C Benthos 13-17-18a 03040105 Goose Creek C Recreation- Fecal Coliform Bacteria 13 17 18b 03040105 Goose Creek C Benthos, Recreation- Fecal Coliform Bacteria 13-17-2 03040105 Dye Creek Branch C Benthos 13-17-20-1 03040105 North Fork Crooked Creek C Turbidity, Benthos 13-17-20-2a 03040105 South Fork Crooked Creek C Fish Benthos 13-17-20-2b 03040105 South Fork Crooked Creek C Benthos 13-17-31-1 03040105 ILittle Long Creek C Benthos 13.17.36 3.5 03040105 Richardson Creek Lake Lee WS-IV-CA Chlorophyll a 13.17.36 5 ala 03040105 Richardson Creek C Turbidity, Benthos 13-17-36 5 alb 03040105 Richardson Creek C Benthos 13-17-36-4 0.5 03040105 Little Richardson Creek Lake Monroe WS-IV Chlorophyll a 13-17-36-4- 2 03040105 Little Richardson Creek Lake Monroe WS-IV-CA Chlorophyll a 13-17-36-9 1 03040105 IStewaFtS Creek WS-III Benthos 13-17-36-9 4.5 03040105 IStewarts Creek Lake Twitt IL. Stewart WS-III-CA Chlorophyll a 13-17-4 03040105 Clarke Creek C I Fish 13-17-40 1 03040105 Lanes Creek WS-V Benthos 13-17-40 12 03040105 Lanes Creek C Benthos 13-17-40-11 03040105 Beaverdam Creek WS-V Low DO 13.17-5-2 03040105 Clarks Creek C Benthos 13-17-5-3 03040105 Doby Creek C Benthos 13-17-5-4 03040105 Toby Creek C Benthos 13-17-5-5 03040105 Stony Creek C Benthos 13-17-5b 03040105 Mallard Creek C Turbidity, Benthos 13-17-6-(0.5) 03040105 Coddle Creek - HQW' Fish 13-17-6 5.5 03040105 lCoddle Creek C Turbidity, Benthos 13-17-6-1 03040105 East Fork Coddle Creek HS W Benthos 13-17-7 03040105 Back Creek C Benthos 13-17-8 03040105 Reedy Creek C Benthos 13-17-8-4 03040105 McKee Creek C Benthos, Recreation- Fecal Coliform Bacteria 13-17-8-5a 03040105 Caldwell Creek C Benthos 13-17-9 2 03040105 Ilrish Buffalo Creek C Benthos 13-17.9-4 1.5 03040105 Cold Water Creek C Benthos Turbidity 13-17a 03040105 Rocky River C Turbidity, Benthos, Recreation - Fecal Coliform Bacteria 13-17b 03040105 Rocky River C Turbidity, Benthos 13-17c 03040105 Rockv River C Turbidity 13-17d 03040105 Rocky River C Turbidity 13-39-(1) 03040201 Hitchcock Creek (McKinney Lake, Ledbetter Lake WS-III Mercury 13-45-(2)b 03040201 Marks Creek (Boyds Lake, City Lake, Everetts Lake C Benthos 13 Legend i� Element Occurrences �1 (show after queried) EO Source Points NEO Source Lines EO Source Polygons Submitted EOs Significant Natural �I Heritage Areas Managed Areas Roads ❑ Municipalities Rivers and Lakes Topo Maps Aerial Images (2010) lu Aerial Images (1998) —j Topo Boundaries county Boundaries Redraw Map NC Natural Heritage Program Virtual Workroom 0 0.5 1 1.4 2 mi GIS Data Sources: NCNHP, CGiA, NCDOT, USGS. NCNHP data updated on: 2011-Sep-02 Powered By: ■ ManServer . PHP • Post4reSOL • PostG[S ■ Home ■ Helo Locator Map Map Size: 600 x 4S0 Functions Ek Zoom In E( Zoom Out + Pan ® Identify Select Add EO L-_ Coordinates Query Database xClear Selection Quick View —Choose Region — Problems cr Ouestions� Michael F. Easley, Governor State of North Carolina William G. Ross, Jr., Secretary Department of Environment and Natural Resources -C Alan W. Klimek, P.E., Director Division of Water Quality . _ _ _-_ _ ---August 2; 2006---'---.—— Mr. Donald Rabon, Manager of Engineering - - Powerlab,-Incorporated---­ P.O. Box 913 Terrell, Texas 75160 Subject: Draft NPDES Stormwater Permit Permit No. NCS000368 Powerlab, Inc. —Winston-Salem Forsyth County Dear Mr. Rabon: 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: • pH monitoring has been ,added to Part II, Sec. B, Including this monitoring is a standard revision for all stormwater permits with analytical monitoring this cycle. • All analytical monitoring has changed to semi-annual (once in the spring and once in the falI). This change is based on the Division's revised strategy for stormwater monitoring in renewal permits and triakes stormwater discharge sampling frequency consistent with qualitative monitoring. Please note that analytical monitoring must still be performed during a - representative storm event (whereas qualitative does not). • The Division has incorporated benchmark values into the permit. These benchmarks are not permit limits but should -be used as guidelines for your facility's Stormwater Pollution Prevention Plan (SPPP). If any measurements exceed benchmark values, your facility should evaluate the effectiveness of its Best Management Practices (BMPs), review and/or update its SPPP, and document any efforts to address Stormwater contamination (see Part II, Sections B and D). • Total Flow monitoring has been removed. The permit still requires Total Rainfall amount and Rainfall Event Duration be recorded for each sampling event. This change is also based on the Divisions revised strategy for Stormwater monitoring in renewal permits. Please note that the Stormwater Pollution Prevention Plan (SPPP) site map must include drainage area for each outfali in acres and the percentage of each drainage area that is impervious (see Part Il, Sec. A). Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received fror--,blic or from you, this permit will likely be issued in about two months. North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 FAX (919) 733-0719 On the Internet at http://h2o.enr.state.nc.us/ Mr. Donald Rabon Power;ab, Inc. Permit No. NC5000368 August 2, 2006 Page 2 Ifyouu.have. any. questions. or- comments concerning.this.draft permit,,contact me at (9I9).733:5083.x.529_or —_ bethany.georgou lias@ncmail _net. Sincerely, Bethany A. Georgoulias Environmental Engineer Stormwater Permitting Unit cc: Winston-Salem Regional Office, Water Quality Section (w/attachment) Stormwater Permitting Unit Attachments 2 Ar OF WAT�c� O� �G [Q 7 y Michael F. Easley, Governor .State of North Carolina William G. Ross, Jr., Secretary Department of Environment and Natural Resources p Alan W. Klimek, P.E., Director Division of Water Quality September 25, 2006 Mr. Donald Rabon, Manager of Engineering Powerlab, Incorporated P.O. Box 913 Terrell, Texas 75160 Subject: Final NPDES Stormwater Permit Permit NC5000368 Powerlab, Inc. —Winston-Salem Forsyth County Dear Mr. Rabon: In response to your renewal application for continued coverage under NPDES stormwater permit NC5000368, the Division of Water Quality (Division) 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 US Environmental Protection agency dated May 9,1994 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on August 2, 2006. 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 III, 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 permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part III, 13.2. 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 the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that maybe required. . NAo Carolina turally North Carolina Division of Water Quality 1617 Mail Service CenterRaleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service, Internet: www.ncwaterq_ualitv.or- location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal Opportunity/Atfimtative Action Employer-50% Recycled110% Post Consumer Paper Mr. Don Rabon Powerlab, Inc. Permit No. NCS000338 Page 2 If you have any questions or comments concerning this permit, contact Bethany GeorgouIias at (919) 733-5083 x 529 or bethany.georgoulias@ncmail.net. Sincerely, ORIGINAL S!G EL) f_3Y BRADLEY BENNETT for AIan W. Klimek, P.E., Director cc: Winston-Salem Regional Office, Water Quality Section Mike Mitchell, EPA Region IV 'Stormwater Permitting Unit Central Files Attachments 2 NCS000368 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Powerlab, Inc. is hereby authorized to discharge stormwater from a facility located at Powerlab, Inc. 3352 Old Lexington Road Winston-Salem, NC Forsyth County to receiving waters designated as an unnamed tributary (UT) to Salem Creek, a class C stream in the Yadkin -Pee Dee River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. This permit shall become effective October.1, 2006. This permit and the authorization to discharge shall expire at midnight on September 30, 2011. Signed this day September 25, 2006: 9F!giNAL SIGNED BY BRAb EY BENNETT for Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No, NCS000368 PART Section A: Section B: Section C: PART II Section A: Section B: Section C: Section D: PART III Section A: Section B: TABLE OF CONTENTS INTRODUCTION Individual Permit Coverage Permitted Activities Location Map MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Stormwater Pollution Prevention Plan Analytical Monitoring Requirements Qualitative Monitoring Requirements On -Site Vehicle Maintenance Monitoring Requirements STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Compliance.and Liability I. Compliance Schedule 2. Duty to Comply 3. Duty to _Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports General Conditions I . Individual Permit Expiration 2. Transfers i Permit No. NCS000368 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall . 6. Records Retention 7. Inspection and Entry Section E: _ Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance .7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS Permit No. NCS000368 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system.which has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. The 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. 0 Part I Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS0003 6 8 Ali We b rN Powerlab, Inc. IZ22�11 �.c_W U, 1W 0 ICA M­NA4% V �471 4- 1 0 A. A Mvi Uv t fir"' ��� 1.• �„�`" }'• 'Ri'" f� �.#. � � i _ .: �A� •�r`��—��� '� 7��"•r ,,��� 1 d �p�.y" �`�' `".; __• ! r ti � ..-ram �_ .F, Ye t •ram • q . F`taxl 'M ' ��. '•-i ,, 1-� `\ t.� ��.; `'."".» i •.. �'t : � •r'.rFt � � -''• � �r � w�� . M �iS s.: l�, i.• � J W_ Imn". INK 3 Wlf. L n� 7' It Latitude: 36'03'24" MCS000368 Facility Longitude: 80'13'45" County: Forsyth Powerlab, Inc. Location Stream Class: C Receiving Stream: UT to Salem Creek Sub -basin: 03-07-04 (Yadkin -Pee Dee River Basin) cffo t IL ICAUP 1:24,000 Part I Page 2 of 2 Permit No. NCS000368 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATERPOLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E. Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges_ The site plan shall contain the following: a. A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. b. A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. C. A site map drawn to scale with the following items: (1) Distance legend and north arrow (2) Location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas) (3) Drainage structures (4) Delineated drainage areas for each outfall (5) Drainage area for each outfall in acres and percentage of each drainage area that is impervious (6) Building locations (7) Existing BMPs and impervious surfaces'. (S) For each outfall, a narrative description of the potential pollutants that could be expected to be present in the stormwater discharge. d. A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. e. Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. Part 11 Page I of 9 Permit No. NCS000368 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: a. Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. b. Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act'(SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and. any stormwater that accumulates in the containment area shall.be at a minimum.visually observed for color; foam, outfall - staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be 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 narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities_ of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan.. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations.. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may Part It Page 2 of 8 Permit No. NC5000368 not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4.. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of . these areas shall be incorporated into the program. 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. , 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters.' The Stormwater Pollution' Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for'modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any. subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated. with the industrial activities, including vehicle maintenance activities. Such documentation shall Part 11 Page 3 of 8 Permit No. NCS000368 be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Permit No. NCS000368 SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of nine analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum nine analytical samplings in accordance with the schedule specified below in Table 2. Monitoring results shall be compared 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). The permittee shall evaluate the sources of any benchmark exceedances and evaluate the effectiveness of any site BMPs. The permittee shall review and/or update the SPPP and document any efforts to address stormwater contamination. Table 1. . Analvtical Monitorine Requirements 5--,"47 ,Discharges ;'`a 3 1 1 Measurement Fre.yuencyt SampleSample k h"araeteristics `Units ` _ .x ` ` T L'oeation3' . L .,..^ . �'4 � F ' Lead, Total Recoverable m /l Semi-annually Grab SDO H standard Semi-annually Grab SDO Total Rainfall inches Semi -Annually Rainfall Event Duration minutes Semi -Annually Footnotes: 1 Measurement Frequency: All analytical monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). See Table 2 for schedule of monitoring periods. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. Part I I . Page 5 of 8 Permit No. NCS000368 Table 2. Monitoring Schedule Moxtortrg period[ {SampleSNumber° NStart g' , a -End 4 YeaF Y1 ` 1~allz ` :See Footnote ctober; l , 2006 £ November'30, 2006- Year 2 — Spring 1 April 1, 2007 June 30, 2007 Year 2 — Fall 2 September 1, 2007 November 30, 2007 Year 3 — Spring 3 April 1, 2008 June 30, 2008 Year 3 — Fall 4 September 1, 2008 November 30, 2008 Year 4 — Spring 5 April 1, 2009 June 30, 2009 Year 4 — Fall 6 September 1, 2009 November 30, 2009 Year 5 — Spring 7 April 1, 2010 June 30, 2010 Year 5 — Fall 8 September 1, 2010 November 30, 2010 Year 5 -- Spring 9 April 1, 2011 June 30, 2011 Footnotes: 1 Maintain semi-annual monitoring during permit renewal process. 2 If unable to sample a representative storm event prior to November 30, 2006, may begin sampling schedule the following spring. Tahle 3. Benchmark Values for Analvtical Monitoring . D!K]h ge Characteristics ;r ,. Benchmark Lead, Total Recoverable mg/l . 0.0338 pH standard 6-9 This site discharges to impaired waters experiencing problems with fecal coliform bacteria and impaired biological integrity (unidentified stressors). If a Total Maximum Daily Load (TMDL) is approved for this segment of Salem Creek, the Permittee may be required to monitor for the pollutants) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to'achieve the required level of control, the Permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 4. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests. Part lI Page 6 of 8 Permit No. NCS000368 are required. Qualitative monitoring of stormwater outfalls is performed when stormwater discharge occurs but does not need to be performed during a representative storm event. . In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the. spring (April - June) and once in the fall (September - November). Table 4.. Oualitative Monitorini= Reauirements Diseharge Cliaracterist�cs {Frequency " , r Mon` itortng r Locatton1 Color Semi-annually SDO Odor Semi-annually SDO Clarily Serni-arinually SDO Floatin Solids Semi-annually SDO Solids Semi-annually SDO -Suspended Foam Semi-annually SDO Oil Sheen Semi-annually SDO Other obvious indicators of stormwater pollution Semi-annually SDO Footnotes: 1 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 outfalls which discharge stormwater runoff from vehicle maintenance areas. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of nine analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum nine analytical samplings in accordance with the schedule specified in Table 2 (Section B). Part I I Page 7 of 8 Permit No. NCS000368 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). The permittee shall evaluate the sources of any benchmark exceedances and evaluate the effectiveness of any site BMPs. The permittee shall review and/or update the SPPP and document any efforts to address stormwater contamination. Table 5. Analvtical Monitorine Reauirements for On -Site Vehicle Maintenance h Units Measurem ensic Sam leDischCtet Yr Sample _ :r f.- uenc l l s _ .7_2_. .� , M _ re YT e? - cation. . H standard . Semi-annually Grab SDO Oil and Grease m Semi-annually Grab SDO Total suspended Solids m l Semi-annually Grab SDO New Motor Oil Usagegallons/month Semi-annually Estimate - Total Rainfall inches Semi-annually Rainfall Event Duration minutes Semi-annually Footnotes: 1 Measurement Frequency: All analytical monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). See Table 2 (Section B) for schedule of monitoring periods. 2. if the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. _ 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. Table 6. 'Benchmark Values for Vehicle Maintenance Analytical Monitoring , 'Di scliarge CharacteristicsBenchmarks.,,; Total Suspended Solids - mg/1 100 , Oil and Grease mg/1 30 PH standard .6-9 Permit No. NCS000368 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 stotmwater discharges in accordance with the following schedule: Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within' 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part I1, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit - termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penaltynot to exceed $27,500 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than t year, or both: Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penaltyof not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143- 215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class lI violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $ t37,500. Part III Page 1 of 8 Permit No. NCS000368 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual pen -nit which has a reasonable likelihood of adversely affecting human health, or the environment. 4. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damage's, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations'. 7. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected . thereby. ; 8. Duty to Provide Information 'The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also famish to the Director upon request, copies of records required to be kept by this individual permit. . 9. Penalties for TamaerinQ 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 $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. . 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual Part 1II Page 2 of 8 Pen -nit No. NCS000368 permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS I . Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit alter 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. 2. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The ' Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other. requirements as may be necessary under the Clean Water Act. Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified a. All applications to be covered under this individual permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or. (3) For a municipality, State, Federal, or other public agency:. by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by aduly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental Part III Page 3 of 8 Permit No. NCS000368 matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. individual Permit Modification, Revocation and Reissuance, or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et, al. - 5. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance .The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance. with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This'provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when.the operation is necessary to achieve compliance with the conditions of this individual permit. 2.. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and. b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry Part III Page 4 of 8 Permit No. NCS000368 weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. . SECTION D: MONITORING AND RECORDS I. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2, Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Part III Page 5 of 8 Permit No. NCS000368 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. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit;. b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), . practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS 1. Discharge Monitoring Reports Samples analyzed in accordance_with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: - Division of Water Quality Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part III Page 6 of 8 Permit No. NCS000368 3. Availability of Reports 4. 5 Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for.in NCGS 143-215.613 or in Section 309 of the Federal Act. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Chances The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. 7. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twen -four Hour Re ortin The permittee shall report to the central office or the appropriate regional office any noncompliance'which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce; eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received . within 24 hours. . 9. -'Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Part Ill Page 7 of 8 Permit No. NCS000368 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. NCS000368 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b.- Controls any pollutant not limited in the individual permit. . The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND. COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS 1. Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the. number of individual values. 3, Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-'stormwater discharges which shall be allowed in the stormwater conveyance system are: . (a) ' All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page I of 5 Permit No. NCS000368 . 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 Product 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 Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division orDWO The Division of Water Quality, Department of Environment and Natural Resources. 9. Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. 11. Grab_ Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed. in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. Part VI . Page 2 of 5 Pages Permit No. NCS000368 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 18. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72.hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 19. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfaIl is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical_ monitoring at a reduced number of outfalls. 20. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 21. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 22. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and C. That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table 1I (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part VI Page 3 of 5 Pages Permit No. NCS000368 23. Severe Prope Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 24. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref. 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 26. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowinelt. ..27. Stormwater Associated with Industrial Activity The discharge from any point'source which is used for collecting and conveying stormwater and which is . directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities' considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(i4). The term does not include discharges from facilities or activities excluded from the NPDES program. 28. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 29.. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. 30. Total Flow - The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. . Part VI Page 4 of 5 Pages Permit No. NCS000368 31_ Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality, assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, section 303, establishes the water quality standards and TMDL programs. 32. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act._ 33. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. . 34. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 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 25 years. Part VI Page 5 of 5 Pages , Central Files: APS SWP 07/25/06 Permit Number NCS000368 Permit Tracking Slip Program Category NPDES SW Permit Type Stormwater Discharge, Individual Primary Reviewer . Bethany. Georg oulias Permitted Flow 0 Status Project Type In draft Renewal Version Permit Classification Individual Permit Contact Affiliation Carl Comstock 3352 Old Lexington Rd Winston Salem NC 27107 Facility Facility Name Major/Minor Region Powerlab Incorporated Minor Winston-Salem Location Address County 3352 Old Lexington Rd Forsyth Winston Salem NC 27107- Facility Contact Affiliation Carl Comstock 3352 Old Lexington Rd Winston Salem NC 27107 Owner Owner Name Owner Type Powerlab Inc Non -Government Owner Affiliation Don Rabon PO Box 913 Terrell TX 75160 Dates/Events Scheduled Orig Issue App Received Draft Initiated Issuance Publi Ngtice Issue Effective Expiration 03/29/00 11 /04/04 12/05/05 � � _510( (� �� r 06 11-2-9106 10/ 110 6 1 /�j' y l Regulated Activities _ _ Reauetsted/Received( Events Stormwater (activities not covered) Region comments on draft requested 12/09/05 Region comments on draft received 07/24/06 Outfall 001 Waterbody Name Stream Index Number Current Class Subbasin Salem Creek (Middle Fork Muddy Creek) 12-94-12-(4) _ C 03-07-04 RECEIVED N.C. Deat of ENR Michael F. Easley, Governor Drf`Q William G. Ross Jr., Secretary LC J North Carolina Department of Environment and Natural Resources Ylinaton•Salem Alan W. Klimek, P. E. Director Regional Office Division of Water Quality Coteen H. Sullins, Deputy Director Division of Water Quality STAFF REVIEW AND EVALUATION wsito NPDES Stormwater Permit Facility Name: Powerlab, Incorporated NPDES Permit Number: NC500368 Facility Location: Winston-Salem, NC Co.) (Forsyth Type of Activity: Industrial —Produce Lead Monoxide Powder fo rags $att SIC Code (if applicable): 2819 F—� Receiving Streams: UT to Salem Creek, index no. 12-94-12-(4) [IMP Di,p� River Basin: Yadkin -Pee Dee River Basin, Sub -basin 03-07-04 G CD Stream Classification: C Proposed Permit Requirements: See attached draft permit. Compliance Schedule: N/A Basis for Monitoring: See attached monitoring data in application. Retained lead monitoring and added pH monitoring. Activities did not trigger vehicle maintenance monitoring. All monitoring has changed to Semi -Annual (ss ng and fall). This change is based on the Division's revised strategy for stormwater monitoring in renewal permits and makes stormwater. discharge sampling frequency consistent with qualitative monitoring. In addition, DWQ has incorporated benchmark -values-into-the-permit. These benchmarks are not permit limits but should be used as guidelines for the facility's Stormwater Pollution Prevention Plan (SPPP). New language in the permit specifies that if any measurements exceed benchmark values, the facility should evaluate the effectiveness of its BMPs, review and/or update its SPPP, and document any efforts to address stormwater contamination (see Part 11, Sec. B & D). Total Flow monitoring has also been removed per DWQ revised strategy (Total Rainfall and Event Duration parameters retained). Instead, Part II. Sec. A clarifies that SPPP site map include drainage area for each outfall in acres and percent impervious area in each drainage area (should flow ever need to be estimated). Basis for Other Requirements: TMDL language included in Part II, Section B. Response Requested by (Date): January 16, 2006 N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Sjoa WCDENR Customer Service 1-877-623-6748 NCS000368 Central Office Staff Contact: Bethany Georgoulias, (919) 733-5083, ext. 529 DOCUMENTS REVIEWED NPDES Stormwater Permit Application Materials S/W Permit File Analytical &Qualitative Monitoring Results summary Yadkin -Pee Dee Basinwide Plan (rev. March 2003) Original EPA application (1997) Central Office Review Summary: Facility discharges stormwater to an unnamed tributary to Salem Creek (Middle Fork Muddy Creek), which is on the 303(d) list of impaired waters as a result of fecal coliform Bacteria and impaired biological integrity (unidentified stressors). The 2003 Yadkin Basinwide Plan addresses general stormwater (S/W) management strategies for reducing urban runoff impact (from activities such as increased development and failing on -site (domestic) wastewater systems), but does not have specific recommendations for individual industrial S/W dischargers. Fecal coliform is likely not a pollutant of concern at this site. This watershed has been identified by the Ecosystem Enhancement Program (EEP, formerly NC Wetlands Restoration Program) as an area with the greatest need and opportunity for stream and wetland restoration efforts. Since last renewal, the company has added two more production lines, more storage silos, and an addition to the building. At renewal, the site was in the process of adding a fifth and sixth production system. The process, raw materials, and storage practices have remained the same. Permit file documents (November 1999 Memo from WSRO and 1999 staff report comments) indicated that all manufacturing and storage is under roof at this facility but that the loading dock area may drain to surface waters. The EPA Multi -Sector permit includes monitoring and benchmarks for total recoverable aluminum and iron for the industrial inorganic chemicals industry; however, these metals are not pollutants of concern at this facility. Qualitative Monitoring Results: Permittee sent results from 2000-04. Overall few problems; however, in late 2003-04, decrease in clarity and increase in solids observed_ May have coincided with some of the construction for the building addition (?). Analytical Monitoring: See analytical monitoring summary in application —only two samples for each outfall. No monitoring during first and second quarters of Year 4? (Not submitted and no DMRs in Central Files). Retained lead (Pb) monitoring because levels exceeded 0.0338 mg/1 benchmark at both outfalls in 2003. Reviewer recommends adding pH monitoring because it can be important to -interpreting toxicity of contaminants (including some metals). This change is standard for all stormwater permit renewals with analytical monitoring this cycle. Monitoring frequency will increase to semi-annually. This change ensures at least nine data points are collected through the permit term and makes monitoring frequency consistent with qualitative monitoring. Also, benchmark values for all parameters have also been added to the permit as a guide for the permittee to check the effectiveness of BMPs (and document efforts) when necessary. The lead benchmark is based on V2 FAV (final acute value) and was derived from EPA's November 2002 Recommended Water Quality Criteria (assumed 50 mg/1 hardness). No follow-up with the company contact was necessary. Recommendation: Based on the documents reviewed, the application information submitted on November4, 2004 is sufficient to issue an Individual Stormwater Pe it. Prepared by (Signature Date 4-Z-00,�_ Stormwater Permitting Unit Supervisor Date Concurrence by Regional Office �V V �/4 1 IA� _ Date 124' 0 Water Quality Supervisor Date NCS000368 Regional Office Staff Comments s� �7-�3 ,off �oA �,i02 I�sOT�o,rJ I �? 1/1-� S . Fes/ L/i-zl /S N-� Sus 4L /►rP Ds �IIVL m ® r�- �8 Ws /,� D 3 ,�lr ad NCS000368 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by tthe,North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Powerlab,Anc. is hereby authorized to discharge starmwater,from a facility located at Powerlab, Inc. 3352 Old Lexington Road -, Winston-Salem, NC Forsyth County to receiving waters designated as an unnamed tributary (UT) to Salem Creek, a class C stream in the Yadkin -Pee Dee River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I,11, III, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective April 1, 2006.- This-permit and the authorization to discharge shall expire at midnight on March 31, 2011. Signed this day March 13, 2006. for Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000368 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage - Section B: Permitted Activities Section C. Location Map PART II MONITORING, CONTROLS, AND LIIvIIT`ATIONSTOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention�P`lan� 4. Section B: A /4 Analytical Monitoring Reequirem�s Section C: Qualitative Monrtoruig RR6gdi ements Section D: On -Site Vehicle- Maena"nce Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability I . Compliance_ Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous: Substance Liability _ 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. ' Transfers i Permit No. NCS000368 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Recordsetenrtioln., 7. Inspectionandntry' Section E: Reporting Re duirements 1. Discharge -Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4, Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No. NCS000368 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. SECTION B. PERMITTED ACTIVITIES Until this permit, expires or is modified or revoked, the,pern itt_ee is.authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has L, � - — re been adequately treated and managed in accordance with the terms and conditions of this individual permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface allowable non-stormwater discharge or is c+ The discharges allowed by this individual p Water Quality Standards. state is prohibited unless it is an ;her permit, authorization or approval. cause or contribute to violations of This permit does not relieve the responsibility for compliance with any other applicable federal, state, or local law; rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000368 I�Ey Psr6i`'j$f'i'ti'fLr�: s 1 ('t P ±,•,� ` �� rP 't • _ , . 7 t.�,, ,a 3. li „y 7� >f'�r}J��' � �'`1� - ".�. ���+' .w.r• !_" i :.' r;`'� ��,`'i'. �'� � .�y / �'. ���� jl 7�Qw i► k � i i ' r �F �`r "r" ' ALlgt2 LS�'ti'�'r. a t°+r u_ � .� ,� '4.4 ;,+t ,any• ! � =E � •`. � l� - 31 , _ 7'f�'• •.�.-. 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Location�..A"' ^r 9iy ts''d` Stream Class: C Receiving Stream: UT to Salem Creek L Sub -basin: 03-07-04 (Yadkin -Pee Dee River Basin) [NO�tR IMF 1:24,000 Part I Page 2 of 2 Permit No. NCS000368 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the;foll w g: a. A general location map (USGS quadrangle,map or appropriately drafted equivalent map), showing the facility's locacibn in relation to transportation routes and surface waters, the name -of the receiving water(s) to which the stormwater outfall(s) discharges, 0 the discharge is to a municipal separate storm sewer system, the nameTof�the municipality and the ultimate receiving waters; and accurate latiit�u.,de` andn gitude of the point(s) of discharge. b. A narrative descriptiari of storage practices, loading and unloading activities, V outdoor process areas, dusvor particulate generating or control processes, and waste disposal, r� actices)w C. A site map dr`awnscale with the following items: (1) Distance legend and north arrow (2) Location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas) (3) Drainage structures (4) Delineated drainage areas for each outfall (5) Drainage area for each outfall in acres and percentage of each drainage area that is impervious (6) Building locations (7) Existing BMPs and impervious surfaces (8) For each outfall, a narrative description of the potential pollutants that could be expected to be present in the stormwater discharge. d. A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. e. Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. Part 11 Page 1 of 8 Permit No. NCS000368 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: a. Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and , manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan,shall document the feasibility of diverting the stormwater runoff away from ard0of potential contamination. b. Secondary Containment Schedule. A (L/eduler secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization ct (SARA) water priority chemicals, or storage of hazardous sub sta ces to prevent leaks and spills from contaminating stormwater runoff If the condary containment devices are t �� the connection shall be connected directly to stornwater�con�,eyance systems, controlled by manually aciivatedvalves or other similar devices [which shall be secured with a locki�g mec is ] and any stormwater that accumulates in the containment area shall"be ata'minimum visually observed for color, foam, outfall staining, visible Aheens a d_dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminatedfby the material stored within the containment area. Records documenting the-4hdividual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. C. BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater . detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may Part I[ Page 2 of 8 Permit No. NCS000368 not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program.. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. . 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and' preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel or team responsible for implementing the trairiin shalltbe identified. 6. Responsible Party. The Stormwater Pollution,,Pre'vention`Plan shall identify a specific position(s) responsible for the overall coordination; development, implementation, and revision to the Plan. Responsibilities for all o-mpon6nts of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend-ithe Plan whenever there is a change in design, construction, operation,.or maintenance which has a significant effect on the potential for the discharge bf polluta is to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed-.Pd updated on an annual -basis. . The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements'ofthe permit. Within 30 days of such notice, the permittee shall submit a time schedule.to'tlie Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall Part II Page 3 of 8 Permit No. NCS000368 be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Part 11 Page 4 of 8 Permit No. NCS000368 SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 10 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum 10 analytical samplings in accordance with the schedule specified below in Table 2. Monitoring results shall be compared to the benchmark values in"Table 3. The benchmark values in Table 3 are not permit limits but should be used as: gutdelinepfor the permittee's Stormwater Pollution Prevention Plan (SPPP). The permittee`slall°evaluate the sources of any benchmark exceedances and evaluate the effectiveness of any site BMPs. The permittee shall review and/or update the SPPP and document any effo'ROi� ;address stormwater contamination. Table 1. Analytical Monitoring Requirem- 66,: , Discharge = `Measurement Frequency; Sample Sample _ fi Y Cliaracteristics' Un. Locatio'nS- Lead, Total Recoverable .m '`�Serni-annuall Y Grab SDO H s_ta idi d, Semi-annually Grab SDO Total Rainfall y ' r inchestir "' Semi -Annually Y Rainfall Event Durations minutes Semi -Annually Footnotes: 1 Measurement Frequency: All analytical monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). See Table 2 for schedule of monitoring periods. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. Part 11 Page 5 of 8 Permit No. NCS000368 Table 2. Monitoring Schedule 1Vlonitor ing period x 'Sample Number re '°Start Year 1 — Spring 1 April 1, 2006 June 30, 2006 Year 1 — Fall 2 September 1, 2006 November 30, 2006 Year 2 -- Spring 3 April 1, 2007 June 30, 2007 Year 2 — Fall 4 September 1, 2007 November 30, 2007 Year 3 — Spring 5 April 1, 2008 June 30, 2008 Year 3 — Fall 6 September 1, 2008 November 30, 2008 Year 4 — Spring 7 April 1, 2009 June 30, 2009 Year 4 — Fall 8 September 1, 2009 November 30, 2009 Year 5 — Spring 9 Aprihl, 201'4,; June 30, 2010 Year 5 —Fall 10 Septer'pber,, , 2010,—/, 7 November 30, 2010 Footnotes: 1 Maintain semi-annual monitoring during permit renewal process. 1/fin � Table 3. Benchmark Values for Analytical,Mbnitoring Discharge Characteristicsw „Units ' '.Benchmark ' cc: ­ Lead, Total Recoverableg/l 0.0338 PH §standarjd ' 6-9 This site discharges to impaired waters experiencing problems with fecal coliform bacteria and impaired biological inteunidentified stressors). If a Total Maximum Daily Load (TMDL) P g �h'=(w is approved for this segment of.Salem Creels, the Permittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the Permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 4. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls is performed when stormwater discharge occurs but does not need to be performed during a representative storm event. Part 11 Page 6 of 8 Permit No. NCS000368 In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 4. Qualitative Monitoring Requirements DischargeCharacteristics Frequency Monitoring= � - Location) Color Semi-annually SDO Odor Semi-annuallySDOII Clarity Semi-annuallySDO Floating Solids Semi-annually ,.--,.,SDQ Suspended Solids Semi-annuallySDQ' S � V Foam Semi-annual) , r ,SDO Oil Sheen Semi.-anrivall t',,. r5' SDO Other obvious indicators _ l SDO of stormwater ollution Serru annua Footnotes: Ar I I Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative ouifal 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 outfalls which discharge stormwater runoff from vehicle maintenance areas. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 10 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff' from vehicle maintenance areas. The permittee shall complete the minimum 10 analytical samplings in accordance with the schedule specified in Table 2 (Section B). Part 11 Page 7 of 8 Permit No. NCS000368 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). The permittee shall evaluate the sources of any benchmark exceedances and evaluate the effectiveness of any site BMPs. The permittee shall review and/or update'the SPPP and document any efforts to address stormwater contamination. Table 5. Analvtical MonitorinE Reauirements for On -Site Vehicle Maintenance D�schargeCharaeterisfics r Units a` :Measurement ,Fre uenc °1 Sample Type ` ? Sample _' Locatiori3 H standard Semi-annually Grab SDO Oil and Grease m Semi-annually Grab SDO Total suspended Solids mg/1 Semi-annually Grab SDO New Motor Oil Usagegallons/month Semira'rinua0 , Estimate - Total Rainfall inches Semi-annually Event Duration minutes n"lyRainfall Seat an , ..- , - - v Footnotes: L Measurement Frequency: 1 analytical monitor' " wil erformed per ear, once in - q y Al yt mg, 1 p twice p y the spring (April June) and once in the fall (September - November). Sep TTb [e 2 (Section B) for schedule of monitoring periods. If the stormwater runoff is controlled by a�stormwater detention pond, a grab sample of the discharge from the N_ , pond shall be collected within the first.30 minutes,,of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design.:storm, then no analytical monitoring is required and only qualitative monitoring shall he performed � 3 Sample Location: Samples shall -be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where ehicle maintenance activities occur. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics; Units. Benchmark Total Suspended Solids mg/1 ...100 Oil and Grease mg/l 30 pH standard 6-9 Part It Page 8 of 8 Permit No. NCS000368 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: 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 1I, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. Proposed Facilities: The Stormwater Pollution Prevention>Plan'shall,be developed and implemented prior to the beginning of discharges from the operation of the industrial activity:an&be updated thereafter on an annual basis. Secondary containment, as specified in Part'll, Section A; -Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from `the -operation of the industrial activity. Duty to Com 1 w' The permittee must comply with all conditions ofiis individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance;_or modification; or denial of a permit upon renewal application. . a. The permittee shall comply,i stihid'ards or prohibitions established under section 307(a) of the N, 6'_N 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-s that any person who violates a permit condition is subject to a civil penalty not to exceed $27,506 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. f Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a). ] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143- 215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class 1 violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. Part I❑ Page 1 of 8 Permit No. NCS000368 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the 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 individual permit shall be construed to peecludAthe-institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which,the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Property Rights The issuance of this individual permit does not convey any property rights in either real or personal qp �t y property, or any exclusive privileges, no d%oes ivauthorize any injury to private property or any invasion of personal rights, nor any infringement of.ederal Stite or local laws or regulations. Severability 'a W-`` 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 ! -: a .rf of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty 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. 9. Penalties for Tame n The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual Part III Page 2 of 8 Permit No. NCS000368 permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §I43`-2153.6 and 33 USC 1251 et. seq. 2. Transfers(` This permit is not transferable to any person except aftcfnotice to and approval by the Director. The c' ti Director may require modification or revocation and.reissuance of the permit to change the name and incorporate such other requirements as may be necessaryunder�the Clean Water Act. Permittee is required to notify the Division in writing in the event the per►r fitted facility is sold or closed. 3. Signatory Requirements All applications, reports, or i tion sub' ittedVto the Director shall be signed and certified. a. All applications to be covered°.under this individual permit shall be signed as follows: (1) For a cdrporatio�liy a responsible corporate officer. For the purpose of this Section, a res onsible,co orate officer means: a a president, secretary, p rp O p t, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision malting functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental Part III Page 3 of 8 Permit No. NCS000368 4. 5. matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. orb. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." The issuance of this individual permit does not individual permit, revoking and reissuing the it allowed by the laws, rules, and regulations con and 123; Title 15A of the North Carolina Adm General Statute 143-215.1 et. al. A Permit Actions V"�< "11� rohib itahe Director from reopening and modifying the ividual,perrm`t or terminating the individual permit as ined-in Title 40�ode of Federal Regulations, Parts 122 istrati e,Cade Subchapter 2H .0100; and North Carolina The permit may be modified, revok and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND -MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry Part III Page 4 of 8 Permit No. NCS000368 weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 2. 3 4 Representative Sampling Samples collected and measurements taken, as required nature of the permitted discharge. Analytical sampling event. Samples shall be taken on a day and time that iv taken before the discharge joins or is diluted by any otli Monitoring points as specified in this permit shall not b the Director. Recording Results all;be characteristic of the volume and Hbrmed during a representative storm stic of the`discharge. All samples shall be reamilbody of water, or substance. without notification to and. approval of For each measurement, sample, inspectionlbe maintenance activity performed or collected pursuant to the � FAT requirements of this individual permit; the permittee-shall record the following information: a. The date, exact place, and time of`sampling, measurements, inspection or maintenance activity; b. The individual(s).who perf ed the sampling, measurements, inspection or maintenance activity; C. The dates) anal yses'were,performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. . Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Part III Page 5 of 8 Permit No. NCS000368 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 outfail status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended,by request of the Director at any time. 7. Inspection and Entry The permittee shall allow the Director, or an authorized, representative (including an authorized contractor acting as a representative of the Director), or in the case of a,facility which discharges through a municipal separate storm sewer system, an authorized representative -of municipal operator or the separate storm J/ !ram• sewer system receiving the discharge, upon the presentatiJon of credentials and other documents as maybe required by law, to; Af a. Enter upon the permitfee's prefnises wtiere, regulated facility or activity is located or conducted, N -`_ Nz- -%k or where records must.be:kept under: the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; 1.1 C. Inspect at reasonable,t m s any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part 1II Page 6 of 8 Permit No. NCS000368 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Disclharees If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non -storm water discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Changes Ilk i. 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 quantityof 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 (atT. 6. Anticipated Noncompliance The permittee shall give notice to the Director as`s`oon,as possible of any planned changes at the permitted facility which may result in noncompliance withtfie ttidividual permit requirements. 7. ByRass a. Anticipated bypass! If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality.:and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. , 8. Twenty-four Hour Re ortin The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Part III Page 7 of 8 Permit No. NCS000368 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 NCS000368 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraphishall1lntain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE The permittee must pay the administering and complia�n e`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 214 .0105(b)(4) may cause this Division to initiate action to revoke theWlndividualPermit. PART�VI DEFINITIONS 1, Act See Clean Water Act. 2.. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) , All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical. structure. Parts IV, V and VI Page 1 of 5 Permit No. NCS000368 5 6. 8. s. 10. 11. 12. 13. 14. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. Clean Water Act The Federal Water Pollution Control Act also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. hf /�N Division or DW The Division of Water Quality, Department of Envir6mr ent arid`Natural Resources. Director The Director of the Division of it issuing authority. EMC q..\ .. . The North Carolina Environmental Management Commission. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 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. Municipal Separate Storm Sewer Svstem A stormwater collection system within an incorporated area of local self-government such as a city or town 15. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding . topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. Part VI Page 2 of 5 Pages Permit No. NCS000368 Permittee The owner or operator issued a permit pursuant to this individual permit. Point Source Discharize 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. . Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then A 4 � �� �. stops, a sample may be collected if a rain producing a discharge beginns agai'n,within the next 10 hours. 7' 19. Representative Outfall Status When it is established that the discharge of stc discharges at multiple outfalls, the DWQ may status allows the permitee to perform analytic 20. Rinse Water Discbg e The discharge of rinse water fron waters from vehicle and equipme' utilizing any type of detergent or, 21. - Secondary Containment A/ - J1V M rom a single outfall is representative of the kiv outfall status. Representative outfall a reduced number of outfalls. cleaning areas associated with industrial activity. Rinse [teas are process wastewaters and do not include washwaters Spill containment for thels orate �`of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25=year, 24-hour storm event. 22. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title 1I1 of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and C. That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table 11 (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 31 l(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part VI Page 3 of 5 Pages Permit No. NCS000368 23. 24 25 26. 27 28. 29. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass- Severe property damage does not mean economic loss caused by delays in production. 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 stormwaterfdischarges. Sianificant Snills Includes, but is not limited to: releases of oil or ha under section 311 of the Clean Water Act (Ref 40 CERCLA (Ref: 40 CFR 302.4). Stormwater Runoff The flow of water which results from precipitation' result of snowmelt. �. atormwater ASSOctatea witn lnoustrial-Activity :s iti cess of reportable quantities CFR 117.21) or section 102 of ich occurs immediately following rainfall or as a The discharge from any poin`-t source *hich 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 fl i considered to be engagedjhn;!industrial activities" include those activities defined in 40 CFR 122,26(b)(14). The term does not include discha ges from facilities or activities excluded from the NPDES program. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation. of the pollution potential of the site. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of Noah Carolina Erosion and Sediment Control Planning and Design Manual. 30. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Part V1 Page 4 of 5 Pages Permit No. NCS000368 31. Total Maximum Dailv Load (TMDL A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the. scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, section 303, establishes the water quality standards and TMDL programs.. 32. Toxic Pollutant " Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 33. Upset Means an exceptional incident in which there is unintentional and te_m o noncompliance with P r, C,'< .:- wry p technology based permit effluent limitations because of factorsteyond 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. y 34. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical rep airs,.paintingfueling, lubrication, vehicle cleaning operations, or airport deicing operations. 35. Visible Sedimentation Solid particulate matter, bo' mineral and organic, that has been or is being transported by water, air, gravity, or ice from its sitee.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. Part VI Page 5 of 5 Pages PERMIT COVERAGE RENEWAL APPLICATION FORM Permit Number.�v�� National Pollutant Discharge Elimination System NCS000368 Stormwater Discharge Permit THIS APPLICATION MUST RE 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 NCS000368 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 die, 00t of th&currcnt information. QWNER INFORMATION > . Owner/Org. Name: POWFJuaB.[r� }, i Owns Contact: - • i Mailing Address: Phone Number: Fax Number E-mail address: BRAN Ai ; PACILITY INFORMATION _ Facility Name: POWERLAB INCORPORATED Facility Contact: __; a----arl'GomstOck Facility Address: 3352 OLD L`EKRQGMN RD' WINSTONSALEM, NC 27197 Phone Number: Fax Number E-mail address: PERMIT IiERMATION Permit Contact: CARL COMSTOCK Mailing Address: 3352 OLD LEXINGTON RD WINSTON SALMM, NC 27107 Phone Number: 9106500706 Fax Number: E-mail address: DISCHARGE INFORMATION Discharge Receiving Water: UT SALMI CREEK Stream Class: C Basin: Sub -Basin #: 030'704 Number of outfalls: CERTIFICATION .t 336-650-070 336-650-0771 Qbowinp_yahoo.com _ _ 336-650-0771 , pbowinwahoo.com I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, lete and accurate. Signature Date October 23, 2004 Donald Rabon _ Engineering Manager Print or type name of person signing above Title Please return this completed renewal application form to: Individual Permit Renewal Attn: Aisha Lau Stormwater and General Permits Unit Ei ° ..... ...... FRRcs9I: rr 130 Rn R , + J C h 11). V F � g a W i _ w � z a # PROPERTY PLAN LAYOUT I 1 I �41 JO I,r (PIC ` Powerlab, I �* EoGE� DOCK loot � �.�► 1 1 � �i�i�'FaCM Truck r Z Receivin 1 er Plant ��� _ _ __ 4.•� _ _ _ _ exisrOAC wa IC { t^vvE C « slcnrAlr�r i S` GrG1D� �IYB 03 SOAWIW. f New Building (2004) ' firisrdwes CRAM { *EE t40TE �r r� r • ,- r • 4 - , ' r f- Figure 3-2 ~*0 ' Plant Layout Powerlab, Inc. 3352 Old Lexington Rd Winston-Salem, NC. 27107 Stormwater Permit: NCS000368 Summary of Analytical Monitoring 2003-2004 OUTFACE DATE SAMPLED TTL RAINFALL DURA770N TOTAL FLOW LEAD m 1 11/19/2003 0.9 150 Minutes 6.06 MG 0.57 2 11/19/2003 0.9 150 Minutes 6.98 MG 0.05 1 03/09/2004 0.06 240 Minutes 0.40 MG <0.10 2 03/09/2004 0.06 240 Minutes 0.47 MG <0.10 Powerlab, Inc. 3352 Old Lexington Rd Winston-Salem, NC. 27107 Stormvx ter Permit. NCS000368 SemLAnnual Visual Monitoring 2000-2004 OUrFALL DATE COLOR ODOR CLARITY FLOATM SOLIDS SUSPENDED SOLIDS FOAM ft SHE£N OTHER 1 05/10/2000 CLEAR NONE 1 1 1 NO NO 2 05110r2000 CLEAR NONE 1 1 1 NO NO 1 09/07/2000 CLEAR NONE 1 1 1 NO NO 2 09/07/2000 CLEAR NONE 1 1 1 NO NO 1 0411712001 CLEAR NONE 1 1 1 NO NO 2 04/17/2001 CLEAR NONE 1 1 1 NO NO 1 09125r2001 CLEAR NONE 1 1 1 NO NO 2 09/25MOOl CLEAR NONE 1 i 1 NO NO 1 03/1212002 CLEAR NONE 1 1 1 NO NO 2 03/1212002 CLEAR NONE 1 1 1 NO NO 1 09/0912002 CLEAR NONE 1 1 1 NO NO 2 09109=02 CLEAR NONE 1 1 1 NO NO 1 03/05/2003 CLEAR NONE 1 1 1 NO NO 2 03/05/2003 CLEAR NONE 1 1 1 NO NO 1 11/19/2003 CLEAR' NONE 3 3 1 NO NO . LRWT FLOATWO OROM AND OY[T 2 11119/2003 CLEAR' NONE 1 2 1 NO NO ' LTTTLE FLOAT= ORT 1 03M912004 RE001Srr NONE 5 4 1 NO NO ' FLOATMOORASS&DW BROWN 2 03/09/2004 LIGHT NONE 2 2 1 NO NO BROWN Powerlab, Inc. 3352 Old Lexington Road Winston-Salem, NC 27107 Stormwater Permit: NCS000368 Summary of Best Management Practices Good Housekeeping Powerlab practices good housekeeping measures to maintain a clean and orderly work environment. A plant meeting is conducted every month in which good housekeeping practices are discussed. At Powerlab, every employee has a job description, which defines the activities he has to perform. Good housekeeping is a part of every employee's job description and is practiced daily. Operation and Maintenance - These practices ensure that processes and equipment are working well. • Conduct operations indoors so the potential for any oil drips and/or fuel oil leaks to enter the storm water system have been minimized; • Routine vehicle maintenance is performed off site by trained automotive technicians; + Maintain clean and dry floors by using brooms, shovels, vacuum cleaners, and cleaning machines; • Regular pickup and disposal of garbage and recycled material; • Make sure equipment (especially the pressurized conduit system) is working properly; • Routinely inspect for leaks or conditions that could lead to discharges of chemicals; • Routinely inspect for contact of storm water with raw materials or finished products; • Ensure that employees understand spill cleanup procedures. Material Storage Practices - Improper storage can result in the release of materials or chemicals that can cause storm water runoff pollution. Proper storage techniques implemented at Powerlab's facility include: • Providing adequate space to facilitate material transfer and easy access for inspections; Page 1 of 4 f • Storing containers, drums, and bags away from direct traffic routes to prevent accidental spills; • Stacking containers according to manufacturers' instructions to avoid damaging the containers; • Storing containers indoors on pallets or similar devices to prevent corrosion of the containers, which can result when containers come in contact with moisture on the ground; • Assigning the responsibility of hazardous materials inventory to a limited number of people who are trained to handle hazardous materials. Material Inventory Procedures - The Powerlab facility maintains an active list of all chemical substances authorized/on-hand for the facility/workplace. Material Safety Data Sheets (MSDS) for each chemical substance are also stored onsite and available for employees. Some additional procedures implemented include: • Label all containers to show the name and type of substance, stock number, expiration date, health hazards, suggestions for handling, and first aid information; • Clearly mark all hazardous materials that require special handling, storage, use, and disposal considerations. Employee Participation - Frequent and proper training of employees in good housekeeping techniques reduces the possibility that the chemicals or equipment will be mishandled. Motivating employees to reduce waste generation is another important pollution prevention technique. Some methods employed for involving employees in good housekeeping practices: • Employees must keep themselves and their uniforms as free of dust as possible. They are not to walk outside the plant with dirty plant shoes, as this could contaminate the ground. Employees must vacuum the dust from their person and uniform before entering the locker room and whenever necessary. • Employees must shower before they leave the plant and place dirty clothes and safety equipment in assigned dirty lockers at the plant. • Incorporate information sessions on good housekeeping practices into the facility's employee training program; • Discuss good housekeeping at employee meetings. Page 2 of 4 t Preventive Maintenance Preventive maintenance measures are conducted on equipment to decrease the occurrence of mobile and stationary equipment spills. A list of measures implemented at the Powerlab facility are identified below: • Qualified maintenance personnel or machine operators, who evaluate the adequacy of the equipment and make recommendations for repairs and improvements, conduct preventative maintenance on equipment. Inspections of drums, pumps, and fittings are conducted on a regular basis to identify leaks or defects, that might lead to a spill. • Adjustments, repairs, or replacements of equipment are conducted as needed. • Parking lots are inspected on a regular basis to detect spills or potential spill sources. • The Facility Maintenance Supervisor maintains complete records on inspections, equipment, and systems. These records are kept with other visual inspection records. • Powerlab maintains a well -lighted site with a secure fence around the perimeter in order to keep unauthorized personnel out. Inspections Routine inspections are conducted of the finished and unfinished product storage area, chemical storage area, loading/unloading area, waste management areas, equipment storage area, and maintenance areas. Spill Prevention and Response Spill prevention is a major goal of Powerlab. To avoid possible accidental spills, equipment is placed inside a covered building. The only possibility of spill is of an oil spill from the trucks or material spill while loading or unloading. Trucks are loaded or unloaded only when parked on a concrete driveway so that no chemical percolates in the soil if spilled. Spill response equipment, is kept ready for use at all times. Employees have been educated about spill cleaning methods in the routine plant meetings. The only materials loaded on trucks are dross and other lead -contaminated materials, which are kept in labeled drums totally enclosed from all sides, and lead oxide, which is mechanically conveyed to a totally enclosed truck. Lead is the only material unloaded. It is not a hazard to the storm water runoff even if spilled, because it is in solid metal form. All chemicals received at Powerlab are in manufacturers' packing, which is usually in airtight containers. Page 3 of 4 Sediment and Erosion Control All areas exposed to storm water are either paved, or have grass/shrubs growing. Additionally, there are no significant changes in elevation throughout the site to cause storm water velocity problems. Page 4 of 4 Powerlab, Inc. 3352 Old Lexington Road Winston-Salem, NC 27107 Stormwater Permit: NCS000368 Changes in Industrial Activities The Powerlab Winston-Salem Plant was built with two lead oxide production systems. A third production system was added in 2000 along with a Hammer mill system to grind part of the production and an additional storage silos. A fourth production system was added in 2002. During the spring and summer of 2004 an addition was added to the building and we are in the process of installing a fifth and sixth production system and additional Hammer Mill System. Storage silos will be increased by two. We have not changed our process or raw materials. Our storage practices remain the same. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality December 7, 2004 Carl Comstock Powerlab Inc. 3352 Old Lexington Road Winston-Salem, North Carolina 27107 Subject: NPDES Permit Renewal Application Permit Number NCS000368 Individual Stormwater Permit Forsyth County Dear Mr. Comstock: The Division of Water Quality's Stormwater Permitting Unit hereby acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000368 on November 4, 2004. The submitted renewal package contained the following items: > Signed application > Site map > Analytical monitoring results summary Qualitative monitoring results summary Best Management Practices summary Narrative describing significant changes at the permitted facility Signed Stormwater Pollution Prevention Plan certification We have conducted a preliminary review of the renewal application and supplemental information, and the package appears to be complete. No additional information is required at this time. If you Have any questions about the renewal process or would like to discuss this letter, please contact me at (919) 733- 5083, extension 529. Sincerely, 4BetA. eorgo uliasulias Environmental Engineer cc: Winston-Salem Regional Office Stormwater Permitting Unit Files - Central Files Noe Carolina �tura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Ack on Employer— 50% Recycledl10%a 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 September 20, 2004 POWERLAB INCORPORATED ATTN: CARL COMSTOCK, OR SUCCESSOR 3352 OLD LEXINGTON RD WINSTON SALEM, NC 27107 Dear Permittee: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal Powerlab Incorporated Permit Number NCS000368 Forsyth County Your facility is currently covered for stormwater discharge under NPDES Permit NCS000368. This permit expires on March 31, 2005. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned,along with all requested information by October 1, 2004 in order for the permit to be renewed by March 31, 2005. Failure to request renewal by October 1, 2004 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 Winston-Salem 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 RECEIVED P ; r ,eat of EHR FEB 2 5 2008 P01 E RLAb Re-gicnal 011m Regional ice February 21, 2008 ::�Nto�oDepartment of Environmental and Natural Resources Winston-Salem Region Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 REF: Powerlab, Inc. Winston-Salem, NC Plant SWP3 Appendix K Dear Mr. Stokes, I have created a new Appendix at the end of the stormwater plan that I gave you at our meeting in your office on January 24, 2008. A copy of the Appendix K and a new table of contents page for the Appendices is enclosed for you to add to the "2006 Storm Water Pollution Prevention Plan for Powerlab, Inc. Wipston-Salem, NC Facility January 2008 (Revised)" notebook. Thank you for your help in this matter. I believe we had all the information, but it just was not in a section titled "Appendix K Feasibility Study". I agree with you this makes it easier to see that we have done -the study and locate the results of the study. We have included this in our SWP3 at the plant and corporate office in Texas. Again thank you for your help. Sincerely, Donald Rabon Manager of Engineering POWERLAB, INC. Enclosure: "Appendix K and table of contents page CC: Jeff Ward, Winston-Salem, NC Robert Gonzales POWERLAB, INC. - PO. BOX 913 - TERRELL, TEXAS 75160 - TELEPHONE 972/563-1477 - FAX: 972/563-8473 • TABLE OF CONTENTS (CONT'D) Appendices Appendix A NCDENR National Pollutant Discharge Elimination System Permit Appendix B NCDENR National Pollutant Discharge Elimination System Permit Authorization Appendix C Pollution Prevention Team Members and Responsibilities Appendix D Non -Storm Water Discharge Assessment and Certification Appendix E Spill History Appendix F Employee Training Appendix G Semi -Annual Visual Inspections Appendix H Semi -Annual Facility Inspection Appendix I Monitoring Records Appendix J Requirements Per 2001 NCDENR National Pollutant Discharge Elimination System Permit Appendix K Feasibility Study • Figures Figure Title 3-1 Site Location 3-2 Plant Layout CAMY DOCUNUDTPSWSWord DocumentePa izbTF roumcW Infw=m1 %W1N-SAL PLANT\STORM WATER PERMrMTORM WATER POLLLMON PREVENTION PLAN - Winsuo Sdem 7068.da iii • �J APPENDIX K Feasibility Study by Management A through feasibility study has been preformed by management to review all the operations of the facility as to the technical and economic methods of operations or storage practices to eliminate or reduce exposure of materials and processes to stormwater. This study revealed that we could eliminate the single greatest potential for lead contamination to stormwater on the site. This was in the truck loading and unloading area. This covered area had a discharge for the rain water that blew under the covered canopy where the trucks were loaded and unloaded. This stormwater could be contaminated if a spill occurred while loading a tank truck. The old outfall in the truck receiving area (Outfall #3 in old S WPPP) is now sealed off, any water that is collected at this location is pumped to the reactor process water holding tank to help provide cooling water for the reactor units. This water is fed to the reactor units via the air inlet pipe and is evaporated and passes out with the process air to atmosphere as steam. Thus there is no longer a discharge from this area as storm water and it saves the plant on purchasing water for cooling. All processing, storage of materials and maintenance operations are carried out inside the main plant building which does not have any discharge to stormwater. The only other areas that are drained to the stormwater outfalls are the roof of the building and employee parking areas. Michael F. Easley, Governor State of North Carolina William G. Ross, Jr., Secretary Department of Environment and Natural Resources p Alan W. Klimek, P.E., Director Division of Water Quality — -August 2, 2006 i RECEIV N.C. n. Mr. Donald Rabon, Manager of Engineering ----'Powerlab; Incorporated P.O. Box 913 Wins:or.-5a Terrell, Texas 75160 R� oras c� Subject: Draft NPDES Stormwater Permit Permit No. NCS000368 erla c. — -Salem Forsyth County OSc� Dear Mr. Rabon: 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: • pH monitoring has been added to Part 11, Sec. B. including this monitoring is a standard revision for all stormwater permits with analytical monitoring this cycle. • All analytical monitoring has changed to semi-annual (once in the spring and once in the fall). This change is based on the Division's revised strategy for stormwater monitoring in renewal permits and makes stormwater discharge sampling frequency consistent with qualitative monitoring. Please note that analytical monitoring must still be performed during a representative storm event (whereas qualitative does not). • The Division has incorporated benchmark values into the permit. These benchmarks are not permit limits but should be used as guidelines for your facility's Stormwater Pollution Prevention Plan (SPPP). If any measurements exceed benchmark values, your facility should evaluate the effectiveness of its Best Management Practices (BMPs), review and/or update its SPPP, and document any efforts to address stormwater contamination (see Part II, Sections B and D). • Total Flow monitoring has been removed. The permit still requires Total Rainfall amount and Rainfall Event Duration be recorded for. each sampling event. This change is also based on the Division's revised strategy for stormwater monitoring in renewal permits. Please note that the Stormwater Pollution Prevention Plan (SPPP) site map must include drainage area for each outfall in acres and the percentage of each drainage area that is impervious (see Part II, Sec. A). Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about'two months. North Carolina Division of Water Quality (919) 733-7015 1617 Mail Service Center FAX (919) 733-0719 Raleigh, North Carolina 27699-1617 On the Internet at http://h2o.enr.state.nc.us/ Mr. Donald Rabon Powerlab, Inc. Permit No. NCS000368 August 2, 2006 Page 2 —.-.—_Ifyouu.have .any_questions .or. comments. concerning _this..draft permit,_contact.me_at.(919)..733=5083 x.529_or. bethany.georgouliasQncmail.ne t. Sincerely, Bethany A. Georgoulias Environmental Engineer Stormwater Permitting Unit CC. Winston-Salem Regional Office, Water Quality Section (w/attachment) Stormwater Permitting Unit Attachments 2 NCS000368 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ___ DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE In compliance with the provisions of North Carolina(ener Statute`143-215.1, other lawful P P �- � standards and regulations promulgated and adopted bythe,North Carolina Environmental Management Commission, and the Federal Water�Pdllutio�ontrol Act, as amended, roweri� nc. eA is hereby authorized to discharge stormwaterfrom a facility located at Y>�` Powerlab, Inc. 3352O1d Lexington Road ., Winston-Salem, NC Forsyth County to receiving waters designated as an unnamed tributary (UT) to Salem Creek, a class C stream in the Yadkin -Pee Dee -River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective October 1, 2006. This permit and the authorization to discharge shall expire at midnight on September 30, 2011. Signed this day September 25, 2006. for Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000368 PART Section A: Section B: Section C: PART II Section A: Section B: Section C: Section D: PART III TABLE OF CONTENTS INTRODUCTION Individual Permit Coverage Permitted Activities Location Map MONITORING, CONTROLS, AND DISCHARGES Stormwater Pollution Prevention Analytical Monitoring Req"'wire Qualitative Monitbring Requirem F :Y k"T s FATIOWFOR PERMITTED On -Site Vehicle Maintenance Monitoring Requirements STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability I. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. " Civil and Criminal Liability S. 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 I. Individual Permit Expiration 2. Transfers i Permit No. NCSo00368 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or _ Termination __ ___ .__--- 5. Permit Actions - -- Section- C:--- Operation- and-Maintenance-of-P-ollution-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. I Test Procedures 5. Representative Outfall 6. Records.Retentfon, 7. Inspectionand4Entry, Section E: Reporting Requirements 1. Discchparge;Monitonng Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater.Discharges 5. Planned Changes .6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No. NCS000368 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 witfi industiial activity --Such —__ discharges shall be controlled, limited and monitored as specified in this permit. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the stormwater to the surface waters of North Carolina o been adequately treated and managed in accordance wi individual permit. All discharges shall be in accordanc Any other point source discharge to surface allowable non-stormwater discharge or is cc The discharges allowed by this individual p Water Quality Standards. „ ttee is authorized to discharge estorm sewer system which has te,and conditions of this the co ditions of this permit. tate is prohibited unless it is an ier permit, authorization or approval. cause or contribute to violations of This permit does not relieve the p aittt&ffom responsibility for compliance with any other applicable federal, state, or local�law;%.tdle, standard, ordinance, order, judgment, or decree. Part i Page. I of 2 SECTION C: LOCATION MAP Permit No. NCS000368 yo, IP z 11� lo rig- 711611 ��., r�� � �� �. y � � E Ise" ' " -" • �`� _ � �r��_' Powerlab, Inc. � �, �,�� � ��i. •'�� IL j'ju A "M 'J. W . 'Wr 0 AV� rag V1 '2-5. -xv �'N Al, --ff ek IT ' J. Klz INC. 5 M( 1 4r f S.A..'! f M, #W. ri Latitude: 36'03'24" NCS000368 Longitude: 80'13'45" County: Forsyth Poweriab, Inc. Stream Class: C Receiving Sttearn: UT to Salem Creek Sub -basin: 03-07-04'(Yadkin-Pee Dee River Basin) Facility Location ICALIF 1:24,000 Part I Page 2 of 2 Permit No. NCS000368 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected t co tribute to contamination of stormwater discharges. The site plan shall contain the.following: a. A general location map (USGS quadrangle,map or appropriately drafted equivalent map), showing the facility's locatibn in relation to transportation routes and surface waters, the names "the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of�the municipality and the ultimate receiving waters; and accurate latitude and=longitude of the point(s) of discharge. - a. b. A narrative description of storage practices, loading and unloading activities, ,�_ :aN y outdoor process areas, WA-pr particulate generating or control processes, and waste disvosal�vractices C. A site map di&a i&!.to scale with the following items: (1) Distance legend and north arrow (2) Location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas) .(3) Drainage structures (4) Delineated drainage areas for each outfalI (5) Drainage area for each outfall in acres and percentage of each drainage area that is impervious (6) Building locations (7) Existing BMPs and impervious surfaces (8) For each outfall, a narrative description of the potential pollutants that could be expected to be present in the stormwater discharge. d. A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. e. Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. Part 11 Page 1 of 8 Permit No. NC5000368 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or — � _ _._-_ - —, minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, -at a minimum, shall incorporate the following: a. Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan,shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. b. Secondary Containment Schedule. A schedu— ro`vide secondary containment ." for bulk storage of liquid materials storageof Section 313 of Title III of the Superfund Amendments and Reauthorization' kct (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the. ' -secondary containment devices are connected directly to stormwer conveyance systems, the connection shall be controlled by man ally act vated�al es or other similar devices [which shall be secured with a lockinm clianisrn] and any stormwater that accumulates in the containment area sha N at a4iinimum visually observed for color, foam, outfall staining, visiblds eens - dPdry 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 ih64 idividual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. C. BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of. stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may Part II Page 2 of 8 Permit No. NCS000368 not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment ---and- systerns.—Inspection-of material handling -areas. and -regular -cleaning schedules of these areas shall be incorporated into the program. 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel or team responsible for implementing the trairiin stialbbe identified. ( ) P P g g ., .' - ., t 6. Responsible Party. The Stormwater Pollution Prevention\ Plan shall identify a specific �z ,-', position(s) responsible for the overall coordination;"development, implementation, and revision to the Plan. Responsibilities for all-compohdnts of the Plan shall be documented 4.3 and position assignments provided. 7. Plan Amendment. The permittee shall amenXthe Plan whenever there is a change in design, construction, operattion,,oramaintenance which has a significant effect on the potential for the discharge of pollutantsato surface waters. The Stormwater Pollution Prevention Plan shall be reviewed,,and updated on an annual basis. The Director may noti4 the pe a when the Plan does not meet one or more of the k.t i0' minimum require mentsaafptheapermit. Within 30 days of such notice, the permittee shall submit a time schedule -to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in addition to facility inspections. 9. Implementation. - The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall Part II Page 3 of 8 Permit No. NCS000368 be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Part 11 Page 4 of 8 Permit No. NCS000368 SECTION 13: ANALYTICAL MONITORING REQUIREMENTS . _..__ During-the-period_beginning-on-the.effective-date-of-the-permit•and-lasting-until-expiration; the- --- - - permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of nine analytical samplings being conducted over the.term - of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum nine analytical samplings in accordance with the schedule specified below in Table 2. Monitoring results shall be compared to the benchmark values idTable 3. The benchmark values in Table 3 are not permit limits but should be used as'gutdelinefor the permittee's Stormwater Pollution Prevention Plan (SPPP). The pe!ntitfe'e`sl dll)evaluate the sources of any benchmark exceedances and evaluate the effectivenes of any site BMPs. The permittee shall review and/or update the SPPP and document any eff sqo address stormwater contamination. Table 1. • Analytical Monitoring Requiremeatg,1; p ' Dischac a. g ' urement Fire uenc 1� Mas Sam le , :Sarni le t Characteristics I�ocation3". Lead, Total Recoverable m ., Semi-annually Grab SDO H staandai•d, Semi-annually Grab SDO Total Rainfall inchesV Semi -Annually Rainfall Event Duration minutes Semi -Annually Footnotes: I Measurement Frequency: All analytical monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). See Table 2 for schedule of monitoring periods. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. Part 11 Page 5 of 8 Permit No. NCS000368 Table 2. Monitoring Schedule Mon�torengWperrodStart Year`1 Fall2 ; _ . See`;Footrrgte 2 f J 'Otto ber 1,�2006 November 30, 2006h r. Year 2 — Spring 1 April 1, 2007 June 30, 2007 Year_2—.Fall_ _ 2_ September 1,-2007 —November_30,.2007 Year 3 — Spring 3 April 1, 2008 June 30, 2008 Year 3 — Fall 4 September 1, 2008 November 30, 2008 Year 4 — Spring 5 April 1, 2009 June 30, 2009 , Year 4 — Fall 6 September 1, 2009 November 30, 2009 Year 5 — Spring 7 April 1, 2010,,�- June 30, 2010 Year 5 — Fall 8 September 1,2Q10 November 30, 2010 Year 5 — Spring 9 April 1,i2011` ' June 30, 2011 Footnotes: 1 Maintain semi-annual monitoring during permit renewal process. _ 2 If unable to sample a representative storm event prior to•No.vemberr following spring. // 2006, may begin sampling schedule the Table 3. Benchmark Values for Analvtical-Monitorinz Discharge Characterxsttc'S" s Units _ Lead, Total Recoverable r< �� ..IO ;.m 1 ---4 0.0338 pH sad d 6-9 This site discharges to imi pair aters experiencing problems with fecal coliform bacteria and impaired biological integrity (unidentified stressors). If a Total Maximum Daily Load (TMDL) is approved for this segment of Salem Creek, the Permittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern t6 the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the Permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater'Pollution Prevention Plan. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 4. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests Part II Page 6 of 8 Permit No. NCS000368 are required. Qualitative monitoring of stormwater outfalls is performed when stormwater discharge occurs but does not need to be performed during a representative storm event. In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions taken in response to the discovery.. This documentation will be maintained with the Stormwater Pollution Prevention Plan—_ - -- All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 4. Qualitative Monitoring Requirements Discharge CharacteristIcs iFrequency9 i Mom ortng Color Semi-annuallySDO Odor Semi-annuall -,,OSDQ�, Clan Semi-annually SDO Floating Solids Semi-annuall r Z SDO .Suspended Solids Semi-annually SDO Foam mi-an ivall SDO Oil Sheen Sethi' __`iann all° SDO Other obvious indicators _ SDO of stormwater ollutionemi- annually o Footnotes: w 1 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 outfalls which discharge stormwater runoff from vehicle maintenance areas. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of nine analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum nine analytical samplings in accordance with the schedule specified in Table 2 (Section B). Part II Page 7 of 8 Permit No. NCS000368 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). The permittee shall evaluate the sources of any benchmark exceedances and evaluate the effectiveness of any site BMPs. The permittee shall review and/or update the SPPP and document any efforts to address stormwater contamination. Table 5. Analvtical Monitorine Reouirements for On -Site Vehicle Maintenance Discharge_ Characteristics ' - Units Measurement .Fre `uenc' Sample T e2 Sample - L6cation3 H standard Semi-annually Grab SDO Oil and Grease m Senu-annua.11Y%j Grab SDO Total suspended Solids mo Semi annually-�1Gmb SDO New Motor Oil Usage gallons/month Semi-annually\ �' Estimate - Total Rainfall inches Semi=annually _ - Rainfall Event Duration minutes Semi-annual/ . , .:. Y - - Footnotes: I Measurement Frequency: All at June) and once in the fall (Septe will be -performed twice per year, once in the spring (April - See Table 2 (Section B) for schedule of monitoring periods. If the stormwater runoff is controlled by_astormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges'only in response to a storm event exceeding a ten-year designs storm, then no analytical monitoring is required and only qualitative monitoring shall be performed t 3 Sample Location: Samples shall iie collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring E Discharge Characteristics:' Units Benchmark Total Suspended Solids nigh 100 Oil and Grease mgll 30 pH standard 6-9 Part 11 . Page 8 of 8 Permit No. NCS000368 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 stomiwater discharges in --- -- accordance with the following schedule. Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis: Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. lj. Proposed Facilities: The Stormwater Pollution Prevention-Plan`shalt�be developed and implemented prior to the beginning of discharges from the operation of the industrial achvity!and'be updated thereafter on an annual basis. Secondary containment, as specified in Part'li;'Section A,,jParagraph 2(b) of this permit shall „e - $ .,� be accomplished prior to the beginning of discharges from tlie;.operation of the industrial activity. 2. DutXto Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water A t ands grounds for enforcement action; for permit termination, revocation and reissuance;o modification; or denial of a permit upon renewal application. a. The permittee shall comply;with standards or prohibitions established under section 307(a) of the ry 1 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 Waterct°provides that any person who violates a permit condition is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or. both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 13.19 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143- 215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I . penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class I I penalty not to exceed $137,500. Part II[ Page 1 of 8 Permit No. NCS000368 Duty to Mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this �� individual perinit'which has -a- reasonable-]ikelihood-of adversely -affecting -human -health -or the environment: 4. Civil and Criminal Liability Except as -provided -in PartIII, Section C of this -permit regarding -bypassing of stormwater control facilities; - - nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to pr' �eclude the..iristitutitof 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 FederalAct, 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 ado s it authofize any injury to private property or any invasion of personal rights, nor any infringement of Federal State or local laws or regulations. 7. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application t•_N of of such provision to.other.Zircurnstances, and the remainder of this individual permit, shall not be affected thereby. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering . The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. if a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Resorts The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual Part 111 Page 2 of 8 Permit No. NCS000368 permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS Individual-Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143�215 36 and 33 USC 1251 et. seq. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The v N ;.1 Director may require modification or revocation and reissuance:of..the permit to change the name and incorporate such other requirements as may be nece"ssa_y 7under, the Clean Water Act. Permittee is required to notify the Division in writing in the event the per►riitted fac lity is sold or closed. Siiznatory Requirements All applications, reports, or information sglimitted to the Director shall be signed and certified a. All applications to be`covered�under this individual permit shall be signed as follows: (1) For a corporation:o�liy a responsible corporate officer. For the purpose of this Section, a responsibleeorporate officer means: (a) a president, secretary,. treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental Part III Page 3 of 8 Permit No. NCS000368 4. matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and Tlfd written authorization-is-submitted-to'the-Director- - - - ------------ ------u C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalti e,for submitting false information, including the possibility of fines and imprisonment fo9knowing violations." The issuance of this individual permit does not prohibi tahe Director from reopening and modifying the individual permit, revoking and reissuing the individual ,perrmit, or terminating the individual permit as allowed by the laws, rules, and regulations contained•m Title 40, Cade of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Admin straf a Code Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. • f'f� 5. Permit Actions The permit may be modified, changes or anticipated nonco SECTION C: OPERATION 1. ' Proper Operation and Maintenance ,issued, or terminated for cause. The notification of planned not stay any individual permit condition. ENANCE OF POLLUTION CONTROLS The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry Part III Page 4 of 8 Permit No. NCS000368 weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part I1I, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an Wanticipated, bypass bypass-afterr cansidering its adverse effects. _____ SECTION D: MONITORING AND RECORDS 1. . Representative Sampling Samples collected and measurements taken, as required herein,.shalfbe characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be -,performed during a representative storm event. Samples shall be taken on a day and time that hte st aracic of the discharge. All samples shall be isc t \. 1V V. ..;.- ' taken before the discharge joins or is diluted by any otherwaste stream; body of water, or substance. Monitoring points as specified in this permit shall not be chdnged without notification to and approval of the Director. %. Recording Results For each measurement, sample, inspectionror maintenance activity performed or collected pursuant to the �i ��F requirements of this indirm vidual,peit 4the permitte6-shall record the following information: a.. The date, exact place, and -,-tune of s4*Iing, measurements, inspection or maintenance activity; The individual(s)iwho performed the sampling, measurements, inspection or maintenance activity; C. The date(s) ana 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. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Part III Page 5 of 8 Permit No. NCS000368 Representative_ Outfal l If a facility has multiple discharge locations with substantially identical stormwater discharges that are required -to be sampled, -the permittee niay petition the-Director,for'representative-outfall-status—Ifit is --- established that the stormwater discharges are substantially identical and the permittee is granted representative outfalI status, then sampling requirements may be performed at a reduced number of outfal Is. 6.- - - --- Records- Retention-- --- - — - - Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended,by request of the Director at any time. n Infection and Entry The permittee shall allow the Director, or an authorized.iepr8entative (including an authorized contractor acting as a representative of the Director), or in the case of a,facility which discharges through a municipal ' � 1 `i separate storm sewer system, an authorized representative of a.municipal operator or the separate storm .he p- N--- 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 whey"e.a regulated facility or activity is located or conducted, or where records must bekept underthe 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 nermit: C. Inspect at reasofi lbk_•tim6irany facilities, equipment (including monitoring and control equipment), practices, or oper%iion egulated or required under this individual permit; and . d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part III Page 6 of 8 Permit No. NCS000368 Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Wcct; 33-USC-1318; all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any:planned changes at the permitted tom. r/ 'X_- U k. 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.,(ay. 6. Anticipated Noncompliance The permittee shall give notice to the D facility which may result in no cn rn Iia a. Anticipated bypassf If the 1.1 prior notice, if possible at the anticipated qualcy, a.n�d possible of any planned changes at the permitted idual permit requirements. iittee knows in advance of the need for a bypass, it shall submit ten days before the date of the bypass; including an evaluation of .t of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Part Ill Page 7 of 8 Permit No. NCS000368 10. Other Information Wherethe-permittee-becomes-aware-tharitfailed-to -submit anyrelevantfacts•in-an-application for an --•----- --- individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 NCS000368 PART IV LIMITATIONS REOPENER - �"—'__--`-This-individual-permit-shall'be modified -or -alternatively, rei✓oked-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'stringentthanany-effluent'limitation"in the individual --� ---- -- permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this Act then applicable. PART V ADMINISTERING AND The permittee must pay the administering and the Division. Failure to pay the f Division to initiate action to revo 1. Act See Clean Water Act. 2. Arithmetic Mean in,any other requirements in the MONITORING FEE ig fee within 30 (thirty) days after being billed by with 15A NCAC 2H .0105(b)(4) may cause this DEFINITIONS 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 DischarMs This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page 1 of 5 Permit No. NCS000368 5. 6. 7. 8. Bypass A -bypass -is -the known -diversion of stormwatei from-anyportion,of a-stormwater'control-facilityincluding --- the collection system, which is not a designed or established operating mode for the facility. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. Clean Water Act The Federal Water Pollution Control Act, also known as the Cleater Act (CWA), as amended 33 USC 1251, et. seq. Division or DWO The Division of Water Quality, Department of Environment an 'Natural Resources. 9. Director The Director of the Division of Water Qaity, ttie permit issuing authority. 10. EMC jd' The North Carolina Environmental Management Commission. 11. Grab Sample Yg An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must betaken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. Part VI Page 2 of 5 Pages Permit No. NCS000368 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, -channel,, tunnel, conduit, -well,-or'discrete fissure'frorh Which stormwater is or may be discharged'to waters - of the state. 18. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a dischar a be ins a ainjwithin the next 10 hours. P� P Y P g g� g:�. g� 19. Representative Outfall Status When it is established that the discharge of stc discharges at multiple outfalls, the DWQ may status allows the permittee to perform analytic 20. Rinse Water Discharge . 1 The discharge of rinse water fron waters from vehicle and equipne utilizing any type of detergent or. 21. Secondary Containment rdm a single outfall is representative of the tiv outfall status. Representative outfall a reduced number of outfalls. iing areas associated with industrial activity. Rinse are process wastewaters and. do not include washwaters Spill containment for tWc6fitents'of the single largest tank within the containment structure plus sufficient �= r� . !Te freeboard to allow for the 25`--year, 24-hour storm event. 22. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and C. That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table 11 (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table 1V (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR l 16.4; or. (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part VI Page 3 of 5 Pages Permit No. NCS000368 23. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to _- -become-inoperable; or'substantial-and, permanent,loss'of natural -resources which -can reasonably be -- expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 24. ry - 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 Ill of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that•have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances m excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFRa 10. Q and CFR 117.21) or section 102 of CERCLA (Ref 40 CFR 302.4). 26. Stormwater Runoff The flow of water which results from precipitaticWa. nd1-1hich occurs immediately following rainfall or as a result of snowmelt 27. Stormwater Associated with IndustriatrActivItV 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 ,.-. Ole considered to be engagedin,7-induAhal activities" include those activities defined in 40 CFR I22.26(b)(14). The term does not include disch ges from facilities or activities excluded from the NPDES program. 28. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 29. Ten Year Desio Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. 30. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Part VI Page 4 of 5 Pages Permit No. NCS000368 31. 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 ari"allocation of that amount"to the pollu`ta`nt's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, section 303, establishes - — -- — -- - the water'qualitystandards 'and- TMDL; programs. 32. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 33. Upset _A A,__ Means an exceptional incident in which there is unintentional and ,temporary noncompliance with technology based permit effluent limitations because of fact[ bey `d the!reasonable control of the permittee. An upset does not include noncompliance toithe extent cau"sed'by operational error, improperly IN - *.s designed treatment or control facilities, inadequate treater ent or control facilities, lack of preventive maintenance, or careless or improper operation. , 34. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairss,,;paintin�g,.fudling, lubrication, vehicle cleaning operations, or airport deicing operations. 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 originwhich can be seen with the unaided eye. 36. The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources December 7, 2004 Carl Comstock Powerlab Inc. 3352 Old Lexington Road Winston-Salem, North Carolina 27107 Alan W. Klimek, P.E., Director Division of Water Quality AECEIVED N.C. Dept. of ENR DEC 0 9 2004 Winston-Salem Regional Office Subject: NPDES Permit Renewal Application Permit Number NCS000368 Individual Stormwater Permit Forsyth County Dear Mr. Comstock: The Division of Water Quality's Stormwater Permitting Unit hereby acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000368 on November 4, 2004. The submitted renewal package contained the following items: i Signed application r Site map Analytical monitoring results summary i Qualitative monitoring results summary Best Management Practices summary S- Narrative describing significant changes at the permitted facility Signed Stormwater Pollution Prevention Plan certification We have conducted a preliminary review of the renewal application and supplemental information, and the package appears to be complete. No additional information is required at this time. If you have any questions about the renewal process or would like to discuss this letter, please contact me at (919) 733- 5083, extension 529. Sincerely, Bet any A. eorgoulias Environmental Engineer cc: Winston-Salem Regional Office' Stormwater Permitting Unit Files Central Files No Carolina �tura(!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50 % Recycledl10% Post Consumer Paper State of North Carolina • Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director March 29, 2000 Mr. Carl Comstock Powerlab, Inc. 3352 Old Lexington Rd. Winston-Salem. NC 27107 P"T Al • AV 02 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Permit No. NCS000368 Powerlab, Inc. Forsyth County Dear Mr. Comstock: RECEIVED N.C. D •_, :. a"i E H N R APR - 5 2000 wi, Re�,.,;izmr Office In accordance with your application for a stormwater discharge permit received on July 13, 1998. we are 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 US Environmental Protection agency dated December 6. 1983, If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447. Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part 11. 13.2. 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 the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Aisha Lau at telephone number 919/733-5083 ext. 578. Sincerely, ORIGINAL SIGNED By WILL-iAM C. MILLS Kerr T. Stevens cc: Mr. Roger O. Pfaff, EPA Winston-Salem Regional Office Central Files Stormwater and General Permit Unit Files Compliance Unit 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/ 100/c post -consumer paper • ONCS000368 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Powerlab, Inc. is hereby authorized to discharge stormwater from a facility located at Powerlab, Inc. 3352 Old Lexington Road Winston-Salem Forsyth County to receiving waters designated as an unnamed tributary to Salem Creek_ a class C stream. in the Yadkin -Pee Dee River Basin in accordance with the discharge limitations. monitoring requirements, and other conditions set forth in Parts I, I1, I11,IV, V and VI hereof. This permit shall become effective April 1. 2000. This permit and the authorization to discharge shall expire at midnight on March 31. 2005. Signed this day March 29. 2000. ORIGINAL SIGNED BY WILk.14M G. WILLS far KerrT. Stevens, Director Division of Water Quality By the Authority of the Environmental Management Commission • • Permit No. NCS000368 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability S. 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. NCS000368 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS M • • Permit No. NCS000 368 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 i SECTION C: LOCATION NIAP • Permit No. NCS000363 , 0 R(R mom too J'. 01 17, LW "LOOK A T� NIT y Tff AL lid un n V Z45- dill "d C-) ==Mjr AVY lip IN A Pan I Page 2 of 3 • 0 Permit No. NCS000368 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORNIWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E. Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge. 4 (b) A narrative description of storage practices, loading and unloading activities. outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (c) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials. disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces, and the percentage of each drainage area that is impervious_ For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts- (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2_ Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and Part 11 Page 1 of 6 • 0 Permit No. NCS000368 nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be 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 narrative description shall. be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment Part 11 Page 2 of 6 • • Permit No. NCS000368 and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components -of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. y 8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April -.Tune). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Part II Page 3 of 6 0 Permit No. NCS000368 SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitorine, will result in a minimum of 4 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The per-mittee shall complete the minimum 4 analytical samplings in accordance with the schedule specified below in Table 2. Table 1. Analytical Monitoring Requirements Discharge Characteristics Units Measurement Frequency) Sample Type2 Sample Location3 Lead mg/l Quarterly- 4" year Grab SDO Total Rainfal14 inches Quarterly- 4" year Event Duration4 minutes Quarterly- 4'" year Total Flow4 MG Quarterly- 4'" year _ SDO Footnotes: 1 Measurement Frequency: Once per quarter during the 44' year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm. then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation. storm duration, and total flow must be monitored. Total flow shall be either; (a) measured continuously. (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Table 2 Monitoring schedule Monitoring period 1 Sample Number Start End Year 4 - I" quarter I April 11. 2003 June 30, 2003 Year 4 - 2"" quarter ? July 1, 2003 September 30, 2003 Year 4 - 3"' quarter 3 October 1, 2003 December 31, 2003 Year 4 - 4"' quarter 4 January 1, 2004 March 31, 2004 Part 11 Page 4 of 6 9 • Permit No. NCS000368 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 3. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm event. In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the Stormwater Pollution Prevention Plan. Al] qualitative monitoring will be performed twice per year, once in the spring (April -June) and once in.the_fall.(September - November).. _ Table 3. Qualitative Monitoring Requirements Discharge Characteristics Frequency Monitoring Locationl Color Semi -Annual SDO Odor Semi -Annual SDO Clarity Semi -Annual SDO Floating Solids Semi -Annual SDO Suspended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO Other obvious indicators of stormwater pollution Semi -Annual SDO Footnotes: 1 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 4 analytical samplings being conducted over the term of Part 11 Page 5 of 6 • Permit No. NCS000368 the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum 4analytical samplings in accordance with the schedule specified in Table 2 (Part II, Section B). Table 4. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Frequencyl Sample Type'- Sample Location3 H standard Quarterly- 4" year Grab SDO Oil and Grease mg/I Quarterly- 4i° year Grab SDO Total suspended Solids mg/1 Quarterly- 4" yeaF Grab SDO New Motor Oil Usage gallons/month Quarterly- 4" year Estimate I - Total Flow4 MG Quarterly- 4" year Grab I SDO Footnotes: l Measurement Frequency: Once per quarter during the 4`" year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. 2 If the stormwater runoff is controlled by a stormwater detention pond. a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 Total flow shall be; (a) measured continuously. (b) calculated based on the amount of area draining to the outfall. the amount of built -upon (impervious) area, and the total amount of rainfall. or (c) estimated by the measurement of now at 20 minute intervals during the rainfall event. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Part 11 Page 6 of 6 • 0 Permit No. NCS000368 PART III STANDARD CONDITIONS FOR NPDES STORNIWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. ' Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis.. Secondary containment, as specified in Part 11, Section A. Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance. or modification; or denial of a permit upon renewal application. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25.000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10.000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] 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: North Carolina General Statutes 143-215.6A] 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 $10,000 per day for each day during which the violation continues. with the maximum amount of any Class 11 penalty not to exceed $125,000. Part III Page 1 of 8 Pages • Permit No. NCS000368 Dutv to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liabilitv Except as provided in Part II1, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319, Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liabilitv Nothine in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this individual permit does not convey any property rights in either real or personal property. or any exclusive privileges. nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal. State or local laws or regulations. Severabilitv 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. Dutv to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate. any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual Part III Page 2 of 8 Pa,es • 0 Permit No. NCS000368 permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation. or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-2153.6 and 33 USC 1251 et. seq. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. Signatory Requirements All applications, reports. or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation. or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor. respectively; or (3) For a municipality, State. Federal, or other public agency: by either a principal executive officer or ranking elected official. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental Part III Page 3 of 8 Pages • 0 Permit No. NCS000368 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 possibilityof fines and imprisonment for knowing violations." 4. Individual Permit Modification. Revocation and Reissuance, or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations. Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 5.. Permit Actions The permit may be modified. revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life. personal injury or severe property damage; and There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry Part III Page 4 of 8 Pages • 0 Permit No. NC-SO00368 weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required. under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body or water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. Y Recording Results For each measurement, sample. inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information. a. The date, exact place. and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity: C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts. and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act. as Amended. and Regulation 40 CFR 136, To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Part III Page 5 of 8 Pages e • Permit No. NCS000368 Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain 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 an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system. an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated -facility or activity is located or conducted. or where records must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permiL c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times. for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act. any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part III Page 6 of 8 Pages • 0 Permit No. NCS000368 Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318. all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). 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. Byoass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice. if possible at least ten days before the date of the bypass, including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce. eliminate. and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Part III Page 7 of 8 Pages • 0 Permit No. NCS000368 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 Pa,ges Permit No. NCS000368 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act. if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. ' PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The 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 13A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater convevance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings. water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process. activity, or physical structure. Parts IV, V and VI Page I of 5 • 0 Permit No. NCS000368 5. Bvyass 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 Water Act (CWA), as amended, 33 USC 1251, et. seq. S. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. 9. Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. it. 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 If 6 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 Syste A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. Part V1 Page 2 of Pages • Permit No. NCS000368 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch. channel. tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 4 18. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 19. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 20. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 21. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 22. Section 313 Water Prioritv Chemical A chemical or chemical category which: a. is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part VI Page 3 of 5 Pages e 0 Permit No. NCS000368 23. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 24. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 1 10.10 and CFR 117.21) or section 102 of C1RCLA (Ref: 40 CFR 302.4). 26. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 27. Stormwater Associated with industrial Activitv The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 28. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 29. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. 30. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 31. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VI Page 4 of 5 Pages Permit No. NCS000368 32 33 34 35 Upset if - Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities. inadequate treatment or control facilities. lacy of preventive maintenance, or careless or improper operation. Vehicle Maintenance Activity Vehicle rehabilitation. mechanical repairs, painting, fueling, lubrication. vehicle cleaning operations, or airport deicing operations. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water. air, gravity, or ice from its site of origin which can be seen with the unaided eye. 25-vear, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages • i NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY November 22, 1999 MEMORANUUM TO: Aisha Lau FROM: Steve Mauney " SUBJECT: Powerlab, Inc. NC50003b8 Forsyth County The writer and Melissa Rosebrock inspected the site on November 18. 1999. The facility takes lead ingots and melts it to produce a powder that will be used in battery production. The lead ingots {bars) are unloaded from trucks or occasionally from rail cars to inside storage of all ingots. The second loading dock is used for loading the lead powder into bulk hopper tankers for transport to battery manufacturers. The delivery hoses (8" to 12" diameter) are connected to the top of the hopper tankers for loading of the powder. There was no evidence of powder being lost to the environment. However, the loading dock area may drain to surface waters and it will be beneficial to review their sampling data. A tour of the lab area revealed that all water (5 gallons/day) is collected, treated and put back into the lead vat for cooking it below 700' F. All cleaning of the facility is by a central vacuum system, so that lead dust does not become airborne by sweeping. The product storage vats are under negative pressure to prevent loss of lead dust. It is recommended that the permit be issued. cc: _ WSRO Central File Pb POWERLAb CARL COMSTOCK PLAINT MANAGER ` POWERL07 INC. • 3352OLD LFJ(INGTpN (gyp.. WINSTON SALEM. NC 27107 4119 y 9t016500706 TERRELL 800/346.5140 FAX: 9101650.0771 '�J 1 Facility Name: NPDES Permit Number: Facility Location: Type of Activity: SIC code (if applicable): Receiving Stream: Stream Classification: Proposed Permit Requirements Compliance Schedule: Basis for monitoring Basis for other requirements: Response requested by (date): dy1�1/1" Prepared by (Signature) N.G. Dept. of EHNR Staff Review and Evaluation MAY 2 5 1999 NPDES Stormwater Permit Contact: Aisha Lau (919-733-5083, ext. 578) Y��r i 1 Powerlab,Inc. Hegii lriul •""'%j ce NCS000368 3352 Old Lexington Road Produce Lead Monoxide powder for storage battery manufacture 2819 Unnamed tributary to Salem Creek C See attached draft permit See Part III, Section A of attached draft permit See attached Data Analysis Summary N/A June 1, 1999 Stormwater and General Per4ts Unit Supervisor Concurrence by Regional Water Quality 44ervisor ,/-/%T D e � 1 Date b" p" Date Date Regional Office Staff Comments: �\\ ems k.Q. v.��� i r - 5 � -- - WSto • NCS000368 RECEIVED STATE OF NORTH CAROLINA N.C. Dept, Of EHNf DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 0 C T 19 1999 PERMIT Vvi n £ fir, ��. ;;'T ` F n v TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina GenerahStatute 143-215.1, other lawful standards and regulations promulgated -and adopted .by thelNorth Carolina Environmental Management Commission, and the Federal Water Por lllu ion Con[ of Act, as amended, Powerlab is hereby authorized to discharge stormwaterjfrorn"a-.fa�ility Iocated at 3352 Old Lexington Road 'Winston-Salem -r= Fbrsyth County to receiving waters designafed.as ai unnamed tributary to Salem Creek, a class C stream, in the Yadkin -Pee Dee River Basiri'in accordance with the discharge Iimitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. This permit shall become effective January 1, 2000. This permit and the authorization to discharge shall expire at midnight on December 31, 2004. Signed this day December 10, 1999. for Kerr T. Stevens, Director Division of Water Quality By the Authority of the Environmental Management Commission • • Permit No. NCS000368 PART Section A: Section B: Section C: PART II Section A: Section B: Section C: Section D: TABLE OF CONTENTS INTRODUCTION Individual Permit Coverage Permitted Activities Location Map - MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Stormwater Pollution Prevention Plan Analytical Monitoring Requirements Qualitative Monitoring Requirements On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights, 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers . 11 • Permit No. NCS000368 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass S. 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 • - - - � �� 3 -tea <� -i."`: ��x�E" Y 't. '�_ �` r .t- 7�.G �, -x.-_: -.y� • • Permit No. NCS000368 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the perrmttee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this - individual permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part F Page 1 of 2 - • SECTION C: LOCATION MAP Part I Page 2 of 2 • Permit No. NCS000368 • Permit No. NCS000368 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E. Paragraph 3 of this individual permit_ The Plan shall include, at a minimum, the following items: I. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (c) A site trap drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces. and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and Part II Page 1 of 6 Permit No. NCS000368 nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Super -fund Amendments -and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent Ieaks and spills from contaminating stormwater runoff. 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 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 narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the -_ SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The-SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may'' - s not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities-' f stormwater control systems, plant equipment s Part II Page 2 of 6 0 0 Permit No. NCS000368 and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. PIan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part M. Standard Conditions, Section B, Paragraph 3) to the Director that the chancres have been made. S. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April -June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Part II Page 3 of 6 • • Permit No. NCS000368 SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater subject to the provisions of this permit - Analytical monitoring of stormwater discharges shall be performed as specified below in Table All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 4 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum 4 analytical samplings in accordance with the schedule specified below in Table 2.._ Table 1. Analytical Monitoring Requirements x ;�,� Discharge ' }"' t' a y � .ram, -• 4 Tk Measurement � -r_=�- p K:. .z Sample ;,a y z- Sample v- Cliaracieristics Un1t$ 0."Frequency Typ On3 _ :�Locat „ Lead m l Quarterly- 4'" year Grab SDO Total Rainfa114 inches Quarterly- 4" year Event Durat1on4 minutes Quarterly- 4" year Total Flow4 MG Quarterly- e year _ SDO Footnotes: 1 Measurement Frequency: Once per quarter during the 0 year of the permit term.. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Table 2 Monitoring schedule _ ._ _. t _ °Monitorin erod' rP Saint le Number`Starr`1''`' P _ .. E d-�t d _ _s Year 4 - V quarter 1 January 1, 2003 _ March 31, 2003 Year 4 - 2"" quarter 2 -;'April 1, 2003 _ June 30, 2003 Year 4 - 3" quarter 3 July I,L2003 - September 30, 2003 Year 4 - 4"' quarter 4 October 1, -2003 . December 31, 2003 .�--.�`•_ "� � � E-s�•-•y v x - - .�* �r-�a,�Y '�"'4 k,i'`" i ,i �t - - .�� .J. Part II Page 4 of 6 Permit No. NCS000368 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 3. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm event. In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document -the suspected cause of the condition and any actions taken in response' to the discovery. This documentation will be maintained with the Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 3. Qualitative Monitoring Requirements Discharge Characteristics Frequency 'lYlonittiring Location1 Color Semi -Annual SDO Odor Semi -Annual SDO Claris Semi -Annual SDO Floating Solids Semi -Annual SDO Suspended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO Other obvious indicators of stormwater pollution Semi -Annual SDO Footnotes: I 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 moni€oring as specified below in Table 4. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. All analytical monitoring shall be performed during a representative storm event. -.The required -_ monitoring will result in a minimum of 4 analytical samplings being conducted over the term of - Part II Page 5 of 6 Permit No. NCS000368 the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum 4analyticaI samplings in accordance with the schedule specified in Table 2 (Part 11, Section B). Table 4. Analvtical MonitorinE Requirements for On -Site Vehicle Maintenance �'�- -'_- Discharge Characteristic`s ` ��. - Units j;1VIeasu�ement - _--- )= 7 Frequency)} .�.,'"'C �".:� .� Sample. { T3,pe2 � 'may„'.`_. _'•� '_ r:Sample. , i:ocatien H standard Quarterly- 46 year Grab SDO Oil and Grease MO Quarterly- e year Grab SDO Total suspended Solids mg/1 Quarterly- 4ih year Grab SDO New Motor Oil Usagegallons/month Quarterly- 4h year Estimate - Total Flow4 MG Quarterly- 0 year Grab SDO Footnotes: I Measurement Frequency: Once per quarter during the 4" year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. y 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at'each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event_ Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Part II Page 6 of 6 • Permit No. NCS000368 PART III STANDARD CONDITIONS FOR NPDES STOR IWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the -effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part fl, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part H, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action: for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a Permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] Part III Page I of 10 Pages 0 • Permit No. NCS000368 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: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $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 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to preclude the institution of any Iegal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Part III Page 2 of 10 Pagei • • Permit No. NCS000368 7. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both.. SECTION S: GENERAL CONDITIONS 1. Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any 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 lcast 180 days prior to expiration, will be Part III Page 3 of 10 Pages Permit No_ NCS000368 2 3 subjected to enforcement procedures as provided in NCGS §143-2153.6 and 33 USC 1251 et. seq. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. Si-natory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures Cp exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a.duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or -a position having responsibility for'the overall operation'of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility,: qrp individual or Position having overall responsibility for environmental matters for the Part III Page 4 of 10 Pages- • • Permit No. NCS000368 company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification, Revocation and Reissuance, or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. After public notice and opportunity for a hearing, the individual permit may be terminated for cause. The filing of a request for a individual permit modification, revocation and reissuance, or termination does not stay any individual permit condition. The permit shall expire when the individual permit is terminated. 5. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain alhfacilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compl;ance with the conditions of this individual permit. Proper --- operation and maintenance also includes adequate laboratory controls and appropriate - Part III Page 5 of 10 Pages • ! Permit No. NCS000368 quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be takenon a day and time -r'- that is characteristic of the discharge. All samples shall be taken before the discharge.r.:� joins or is diluted by any other waste stream, body of water, or substance. Monitoring _ points as specified in this permit shall not be changed without notification to and approval of the Director. - - - - Pan III Page 6 of 10 Pages "v • 0 Permit No. NCS000368 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity;. C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and 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 I43-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Representative Outfall If a facility has multiple discharge Iocations 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 a - substantially identical and the permittee_ is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. Part III Page 7 of 10 Pages • 0 Permit No. NCS000368 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Inspection and Entex The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and y d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREiVIENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals =- shall be received by the Division no later_ than 30-days from the date the facility receives. w r ' the sampling results from the laboratory. Part III Page 8 of 10 Pages A • Permit No. NCS000368 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the 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. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. 7. Bypass a. Anticipated bypass _If the permittee knows in advance of the need for a bypass, it rshall 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. Part III Page 9 of 10 Pages • Permit No. NCS000368 3 0 b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. ^�3 �?;._-. Part III Page 10 of 10 Pages • • Permit No. NCS000368 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pair the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS 1. Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. Parts IV, V and VI Page 1 of 6 • ! Permit No. NCS000368 4 5 A 7. 8. 9. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of.a process, activity, or physical structure. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Division or DWQ The Division of Water Quality, Department of Environment and Natural Resources. Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. 11. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken �yithin the first 30 minutes'of -- discharge. Part VI Page 2 of 6 Pages - • Permit No. NCS000368 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 Iong-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which, stormwater is or may be discharged to waters of the state. 1$. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 19. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. Part VI Page 3 of 6 Pages 0 ! Permit No. NCS000368 20 21- 22. 23 24 Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and C. That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 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 Part Vl Page 4 of 6 Pages 0 . Permit No. NCS000368 CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 26. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 27. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 28. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 29. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual_ 30. - Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 31. Toxic Pollutant . Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VI Page 5 of 6 Pages iPermit No. NCS000368 32. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 33. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 34. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 35. 25-vear. 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 6 of 6 Pages - - _r-.-._..c-rc- �-._,.. _ GENERAL INFORMATION ;''a'" tis:M6Ea -.EPA Consohoolmd Parrnra rtrn GfYf ,%J rRrad rh• "G•�r n7 Inrrryrr rn.w .ror-Ra �' � I` -4 S T w V CT•Ow f s. EPA t G- NUfa BE 17 Is ,``.` \ ♦ `•\ 11 pre0f�nted iaoo, hat boon rovr \ \ \ \ ♦\ n me es drgnsted \\� '� •\ t a iifevv ` \ vr s0ece. t eo nf t ♦ NAME -\ \ Rr4n Carefurlh• ,f any of it rs 'nCorrect. Cron fll. FACILITY thro,rgn it and corredataoenter the correct dein the \ \ \ apprOprVte liIln arm below, 41eo- of env of the FACILITY preorinte0 pate is sbsenI (cope or" to Ne . Ar/t of she lase! weesi lisa the inAonnauon V' MAILING ADDRESS P It gSE PLACE LABEL IN THIS SPACE Off afhauld Ammer)• plea: provide it in the proper fill -on errlfl below. It the tabai Is nd am complete arsd pprract, Tau need o sterr,f f, nf, v, and vl learnvt v,•a R,++kYl FACILITY \ must be completed regordleul. Comotete to Vt. items items if no label has been pfovkUd. Refer to LOCATION instructions for datailad Item dersatp- \ tions and for the legal ehsthor4stlons under which this dou is Oollectled. It. POLLUTANT CHARACTERI5TIC5 IrtiSTRIlCTIONS. Complete A through J to determine whathw you creed to submit any permit Ilpplicatian farms to the EPA It you answer "yes- to any Quenions, you must submit this form and the supplemental form listed in the parenthesis toflowling the Question- Mork "X" in th'e box in the third column if the suppltmental form is ItIsched. If you AftWaf "no" to beach Quatitin, you need not submit any of them forms You may ansteer "Ito" if your activity is excluded from permit requirements; see Section C of the instruCtiofts SN alsa, Section 0 of the instructions for dtfic',:ions of bold —feud tormi S►[CrrIL OIJCST,o NS .e■ .• A+��e.e M .r frtele1C OU[STl orrt • �• .... a[. e_ A- is In-s faca.n a publicly owned treatment works i - 8. Dad or will this facility (Rimer esisrrnp or propaee0l ` ! wn,c-i results rn a docharge to waters of the U.S.? include a aorxsssfvrtnd sniersaf feeding operation or f X. (FORAA 2AI i 's aClumfiC ankral prodtection faellttr which rYsults in ■ dbchwgo to wetare of the U.S-? (FORM 28) ,. Is :nos a Ike ­ IV w^•Cn cu•-en;ry ,esu,-s rn discharges : i r� V. Is Zhu a propow faciirry a Ir plea Mace CeaerirDea X in Chef! described in 11 to waters Of the U-S_ oman in A or 8 Roo") which will fasutt In a dimid � to I A o• A aeov<) IF7A!.t wets of th US7 (FOF1M D1 '• r- 1 I ! E Cori or w•II tars fac�!,TV treat, store, Or dispou of , I ys F. Do you or will you injoLt at this facility industrial or muhi colonist below ter lowermost stratum cOnore. i i X. hazardous wanks) iFORM 31 1 I [smmg, within ore quarter tulle of the wet1 bore. g. of underground sourtas of drinking water? IFORM 41 C rou or w,:, you nleci at inns f&coviy any proau wirer Or dther +Iwdf whrUt art brought f0 the tVr1aCT ! � M. fa Do you o► will you inject at this fluids for epr I I in conftW10n with conventional oil or natural gas pro- i Cis( pmxmu s much as mining of sulfur by the Frasch ; der. on. �nleC: }�u�Cs uses for enhanced recovery of i ' proem. solution coining of minerals. in situ combus- tion of foait fuel, or raeoverry of geothem.ai energy? X i i o,1 or nature: gas, or rnleC`. ffurOs for storage of hQuid I hrdrocarbon17 IfORM el e. e• a• (FORM 41 S turf ac:,iTV a proo sed stationary Faiurco w 1 Is J. is this SCOW a 5,565—wa tocksorooll sourcis which. is J i one of the 28 industrUl categories listed in the in. NOT one of the 28 industrial tetegorisal lieted in the 1 s1ruC'r0n1. and whrcn will potentially emit 100 tons instructions end which will potentially emit 250 tons X Der Veer of any arr pollutant regulated under the per year of env air pollutant regulated under the Clean Clekn A,r AC' and may affect or. be located in an - Air Act and ey affect Or be butsey in an attsinrrsert = nTarse? attainment area) fFQRM 51 „ (FORM 51 .1 fit. NAME OF FACILITY s ac l l• P O W l;' R L A' B •} 'I N •C ., r/ I 1 i I rr .. •a -r. •fr tv: FA{+LIT) CgfvTSCT A. IvAM£ a Trtl[ era.t• first. 1 TlTlr) a tomoMc forra rode A no r z ARL C OMSTOCK, PLANT MANAGE 19,1:0 5 5'011 70 � V. FACILITY MAILING AOORESS A. STse£[T OR e.*. aOX r 1 3.3 35 2 OLD LEXINGTON ROAD •. CITY OR TOwN IC STATE C ZIP C07C a W1 NSTON-S ALEM -PVC 27107 VI. FACILITY LOCATION A STR£ET rICVT[ MO OR OThr[le SlCC1/1[ IOe NTI FICR 1 5 3352 OLD L EXI NGTON ' ROAD e C7Vr•r. rvwn.0 FORSYTH ---- _____�_—_ r US T•. •• :O ST4,TE a ZIP=00e r cau^ ,- t. ' WINSTON_ SALEM NCi:27107 t; _ EPA For-,, 351p i iqw ic-So, 1 1-12 CONTINUE ON REVL951: p.% 1 , Vtv- Vll. SIC CODES rd-O%Q, r, n orCer o/�r.Or.ry IrwSY a teCO«o 28 1 9'rINZDUSTRIAL INORGANIC CHEMICALS • C. TNIwO I O rOURT" c "Pic,/Yi a fs.eci/.vr 7 7 I. VIII.OPERATOR INFORMATID/e A. N Aft e III. Ia VW nerve listed In Inwn Vill-A vim trio ` oter"It e POWERLAB, INC. %YES LINO se C. sT ATUS Or OP[R AT ON ;Frl ter the apprDQrla It to r7tr irk to the an$we►bos. it 'O rote sa eCtf; ) o, (NON[ feria eoae & no.) EDERAL M U Li (orhrr, than jederar or Starr) s- STATE O -OTHER (specify) P lJptcl cFF fy A 9 7 2 S G 3 4 7 7 P - PRIVATE ar •• .: u - rl .• - e- STR[[T OJt'r.O. ■Ott P. O. BOX 91 3 r C:I v Olt Tow" ,_.STAY N. 2rl coo[ IX. iNOIAN LAND e , i • ' it the teGli[V Pocered on Ina,an Iinnf 7 13:TERRELL T 7 5 1 G U =YES ZXN0 as X- EXISTING ENVIRONMENTAL PERMITS A- N►oes rDucharyes to Surraee Water) D. rso (.Err fmiaioru from Propoird Sou r![s) c e g N 9 P • • ure eL'ndePj ound (n)ecrToq of RuldJl [. aTr+[R (specify) s)u s P 0 08.8 3 !fP"`'VORSYTH CO. AIR PERMIT C, RCr1 A (ifaran7OUJ Wastes) - R. OTN[R (JVCVfyt CJ f R g XE• MAP Attach to tf+is application a topographic map of the area extending to at least one (vile beyond property boundaries, The map must show the outfine of the facility, the location of each of its existing and proposod intake and discharge structures, each of its hazardous waste treatment, storage, or disposal facilities, and each well where it i fluids underground. Include all springs, rivers and other surface, water bodies in the map area. See instructions for precise requiremFiits. X11- NATUAE OF BUSINESS (pronde-a br4fodrscriprion PRODUCE LEAD MONOXIDE FOR STORAGE BATTERY MANUFACTURE. PURE METALLIC LEAD IS OXIDIZED IN REACTOR UNITS TO FORM A DRY BULK POWDER OF LEAD MONOXIDE. THE PROCESS EQUIPMENT, CONVEYING AND STORAGE HOPPERS ARE UNDER NEGATIVE PRESSU AT ALL TIMES. THE BULK LOADING OF THE MATERIAL INTO BULK TANK TRUCKS IS UNDER NEGATIVE PRESSURE. ALL PROCESS AIR AND MATERIAL HANDLING EQUIPMENT VENTILATION AIR IS FILTERED BY BAGHOUSES AND HEPA FILTERS BEFORE BEING EXHAUSTED TO THE ATMOSPHERE. ALL STORAGE OF RAW MATERIAL, PROCESSING, AND STORAGE OF FINISHED PRODUCT IS DONE INSIDE THE BUILDING. BULK TANKERS ARE LOADED UNDER ROOF INSIDE THE TRUCK DOCK. XII1. CERTIFICATION race intro"ppnsl f cerrify under penalty of iaw that f have personally examined and am familiar with the information submined in this application and all attachments and filar, based on my inquiry of thosir perstsns immedisrely responsible for obtaining the information contained in the application, 1 believe char the information is true, accurare and complete. l am aware that there are significant penalries for submirr+ng false information, including the possibility of fine and imprisonmenr. A "Ayr[ • Oi 1PCiw� TrTL[ -rti pe a SP ATU [ C. owT[-f rGr.iO ROBERT GONZALES, V. P. OPERATIONS / I 9/26/97 J COMMENTS FOR OFFICIAL USE.ONLv CI - 1 EPA Fprm 3510-1 1Rat- 10-801 Aeven. 1-13 Y EPA ID plumber (copy tram Horn / a Form t) Form Approved. OMS No. 2040-0086 Ptease orint or tvpe in the unshaded areas Only I I Approval expim s. 5-31-92 Form 2F^ fvFpfS United Slates Environmental Protection Agency Washington, DC 20460 PA Application for Permit To Discharge Stormwater Discharges Associated with Industrial Activity' Paperwork Reductton Act NOtice Public reporting burden tot this application is estimated to overage 28.6 hours per application, including time for reviewing instructions. searching existing data sources, gathering and maintaining the data needed. and completing and reviewing the collection of information. Sena comment regarding the burden estimate, any other aspect of this collection of information. or suggestions for improving this form, including suggestions which may increase or reduce this burden to: Chief, Information Policy Branch, PM•223. U.S. Environmental Protection Agency, 401 M St.. SW, Washington, DC 20460, Of Director, puce of Information and Regulatory Affairs, Office Of Management and Budget, Washington, DC 20503. I. Outtall Location For each outfall list the latitude and longitude of its location to ILO is seconds and the name of the receivin water_ A Outiall Number (list) 0, Latitude C. Lon ilude D. Receiving Water name, 1 36 1 03 1 24 80 13 45 OPEN CHANNEL TO SALEM CREEK 2 36 1 03 1 24 80 13 45 OPEN CHANNEL TO SALEM CREEK Il.Improvements A. Are you now required by any Federal. State, or local authority to meet any implementation schedule lot the construct+on, upgrading or operation of wastewater treatment equipment of practices or any other environmental programs which may affect the discharges described in this application? This includes, but is not limited to, permit conditions, administrative or enforcement orders, enforcement compliance schedule letters. stipulations, court orders. and grant or loan Conditions. 1. Identification of Conditions, Agreements. Etc. 2. Affected Outfaits 3. Brief Descri tien of Project 4. Final Compliance Date number source of discharge a. tea. b. pro'. NnNV i S. You may attach additional sheets describing any additional water pollution (or other environmental projects which may affect your discharges) you now have under way or which you plan. frTdicate whether each program is now under way or planned, and indicate your actual or planned schedules lot construction. III. Site Drainage Ma Attach a site map showing topography (or indicating the oullinc of drainage areas served by the ouilallis) covered in the applicat,on it a mpographrc map is unavarfablei depicting the facility including. each of its intake and discharge structures: the drainage area of each norm water outfall; paved areas and buildings within the drainage area of each storm water outtall, each known past or present areas used for outdoor storage or disposal of significant materials, each existing structural Control measure to reduce pollutants in storm water runoff, materials loaning and access areas, areas where pesticides. herbicides, soil conditioners and fenih:ers are applied: each of as hazardous waste treatment, storage or disposal units (including each area not requiFed to have a RCRA permit which is used for accumulaf-ng hazardous waste under 40 CFR 262.34): each welt where fluids from the fac lwy are injected underground. springs. and other surface water bodes w.Nrh receive storm water (3ischaroes from the facility EPA Form 3510-2F 01-90) Page t of 3 Continue on Page 2 2F-1 r,ontjn ,wd from the Front A, For each outyall, provide an estimate of the area (ncfude units) of impervious surfaces {including pavers areas and building roofs) drained to the outfall, and an estimate of the total surface area drained by the outfall. outfall Area of impervious Surface Total Area Drained fauttall Area of impervious Surface Total Area Drained omyde unial Numperunits) 1 18,000 sq. ft. 37,000 sq. ft. Lawn, 2 13,375 sq. ft. 13,375 sq. ft. roof of paved parking, road building that we have way and truck scale leased. f3. Provide a narrative description of significant materials that are currently or in the past three years have been treated, stored or disposed in a manner to allow exposure to storm water; method of treatment, storage, or disposal; past and present materials management practices employed, in the last three years. fo minimize contact by floss materials with storm water runoff; materials loading and access areas. and the location, manner, and frequency in which pesticides, herbicides, soil conditioners, and fertilizers are applied. POWERLAB'S STORAGE OF RAW MATERIAL, FINISHED GOODS AND ALL MANUFACTURING 1S DONE INSIDE THE MAIN PLANT BUILDING. ALL BULK TANKERS ARE LOADED INSIDE THE TRUCK LOADING AREA UNDER COVER OF THE RECEIVING DOCK. POWERLAB HAS ONLY LEASED THIS BUILDING FOR THE PAST TWO YEARS AND WE DO NOT KNOW WHAT WAS STORED OR KEPT ON THE PROPERTY BEFORE WE LEASED THE PREMISES. C. For each outfall, provide the location and a description of existing structu-al and nonsuuetural. control measures to reduce pollutants in stern water runcN; and a description of the treatment the storm water receiies, including the schedule and type of maintenance for control n i n i h Csutfall list Codes from m r Treatment Table c•1 NONE V. Nonstorrnwater Dischar es A. I certify under penalty of taw that the outfalt(s) covered by this app34cation have been tested or evaluated for the presence of nonstormwater discharges, and that all nonstormwater discharges from these outfall(s) are identified in either an accompanying Fotm 2C r F ern G li i n for 1hr oullail Name and Qtf,cial Title (rape or prinq Signature Date Signed Donald Rabon, Engineering Manager 5 Prowce a desa4ption of the method used, the date of any testing, and the os,site drainage points that were directly observed cueing a test. THERE ARE NO DRAINS INSIDE THE MAIN BUILDING. THE ONLY DRAINS ARE THE SANITARY SEWAGE FROM THE BATHROOMS. V1, Significant Leaks or Spills Provide existing' information regarding the history of significant leaks at spills of toxic or hazardous pollutants at the facility in the fast three years, including the approximate date and location of the spill or leak, and the type and amount of material released. NONE EPA Form 3510.2F (11-90) Page 2 c1 3 Continue on Page 3 2F-2 EPA ID Number (copy ham Rem t of form t) Continuea from rage z + A.B.C. & D: See instructions before proceeding. Complete one set of tables for each outfali. Annotate the outfall number in the space provided. - Tables W-A. VII-B. and VII-C are included on separate sheets numbered VII-t and VIS•2. E: Potential discharges not covered by analysis - is any pollutant listed in Table 2F-2 a substance or a component of a substance which you currently use or manufacture as an intermediate or final product or byproduct? Yes (list aft such pofhttants below No o to Section Do you have any knowledge or reason to be+ieve that any biological test for acute or chronic toxicity has been made on any of your discharges or on a receiving water in relation to your discharge within the last 3 years? Yes (list all such pRijurants below No to Section Were any of the anslyses reported in hem V performed by a contract laboratory or consulting firm? Yes (list the name, address, and telephone number of, and pollutants ® No (go to Section )) t A. Name B. Address C. Area Code & Phone No. D, Pollutants Analyzed 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 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. f am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. A. Name & Official Title (t)pe or print) S. Area Code and Phone No, Donald Rabon, En ineerileg Manager 972-563-1477 i#31 C. Signature D. Date Sig:led EPA Form 3510-2F (11-90) Paye 3 ct 3 2F-3 EFA ICi Nun'.bep (copy frpm reran p a! i7mt r) Form Approved OM8 No, 204c-c 85 APpmva! expjn S 5,31.92 V11. Di5char a Information fConrrnued. from Qa e 3 of Form 2F Pon A - You must provide the results of At least One analysis for every pollutant in th,S tabte. Complete one taCle for eacn outtall. See rnstructions for aCdrtlonaf details. t Maximum Vatuas Average Values r Number i Pollutant J (include un+rSJ (include units) of land Grab Salmale Grab Sample Storm Taken Durprsg g Taken During g • Flow -weighted Events CAS Number First 30 Flaw-wn bled First 30 rravai(ablel Minutes Cornpos, Minutes Composite Sampled ' Sources of Pollutants Oil and Grease 11 mg/1 I 1 Outran #1 Biological Oxygen j Demand (BC3051 { 3.0 mg/1 1 Outfall #1 Chemical Oxygen I Demand (CODI I 55 mg/l I 1 Outfali #1 , Total Suspended Solias (T5S1 f 16.6 mg/1 J 1 Outran #1 Total [Celdahl +wva en 1.25 mg/1 1 Outfall #1 plus trite N,troen Nitrite N 2.5 mgll 1 Outfall #1 Phta) Pht}SCtsofuS I 0.13 m 4 1 Outfall #1 PH 6.98 !1mimurn MaXIT-urn Minimum rsax,mum Pan 5 - US: eacn Pollutant that is limitet7 in an eftluent guideline wnlcn the facility rs suolect to or any pollutant listec in the tactllty s NPCES permit for its process wastewater (,f the facility is operating under an existing NPOES permit) CtImptete one table lop each outtall. see 'Ple gnstructiolls for acn,jitmaj cetadqr m I Maximum Values I! Average Values Pollutant finclude unrrs) I (Include unrrs) and Gratz Sample Grab Sample ii Taken During Taken During CAS Number ! First 30 Flow -weighted First 30Flow-weighted pfavartacre) r Minutes Composite Minutes Composite ! Number I ! of Storm Events Sampled Sources of Pollutants i I I I I I 1 i I I I I ► I i I I I I � I a 1 I I I I I ! i I I t e I I I I I f I I I I I i I I i EPA Form 5574.2E (11.90) rase vll.I Continue on Reverse 2F-4 EPA I0 Number (Copy from rem rC-f;vem rl roan APDrOvect OMB No. 20&C_OW6 Approval exp Ms 5-3 f •92 V11. DisCh3r a Information (Continued from Da e 3 of Form 2F raft A • you must provida the results of at least one analysis for every pollutant in this taole. Complete one labte for each outfall. See inslruclions fof additional details. i+ Maximum Values Average Values ' Humber Pollutant J (include units) ('include units) I of and Grab Sample Grab Sample Storm Taken During Taken During CAS Number First 30 Flow -weighted � First 30' Flow-waigntea Events rdavailable) Minutes Composite Minutes Composite Isamolea Sources of Pollutants (:w and Gfease 7 mg/l 1 i Outtall #2 aological oxygen 2.0 mgJl Der -land tBOD51 1 € outran #2 Qlef %Mw o=ygen j 24 mo Demand ICODI ! II Outran #2 Total Suspended Satins 1T5S1 J j 48.3 mg/I I ! 1 Outran #2 Total Kiel canf Nitro en 3.95 mgA 1 Outran 1#2 rwusta plus Nitrite Mtro en 1.5 mg/l 1 , Outran #2 Total I <0.05 mgll Pnasanarus I 1 Outran #2 PH 7.04 :4inimum fdaxlrr..um Minimum fNaximum Pan B - t.lst each pollutanl that is limited in an ettluent guiCehne wniCn lne fatality is subject to or any potlutant I'Stea in the sacilrry s NPCES permit for its process wastewater (it the facility is Operating under an existing NPdES permit) Complete one table loi aacn ourtatl- !he instr cliors for JCC,ttonal CtIll-Is Ipar r�rri n 1 Maximum Values 1jE Average Values Pollulam (include units) f (include unrtV and Grab Sample Grab Sample Taken During Taken During CaS Mad Number First 30 Flow•weigFrsi Ftow•weignted (davadaeso) i Minutes Composite Minutes Composite Number I of Storm Events Sampled f SOurCes at POltutantS + I f ! I I � I I I l I ! I I i I I I I I I I f I I I I [ i ! I � i I ! i { I I' i ! I I i i EPA Form 3510-2F I11-90) i-age VI1.1 Continue on Reverse 2F-4 f Part C - List each pollutant shown in Tables 2F-2. 2F•3, and 2F-4 that you know Or have reason to believe is present. See the iwfuctions for additional details and requirements. CGmplete one table for each outtall. Pollutant and CAS Number (if available) Maximum Values (include units) Average Values (include units) Number of Storm Events Sampled Sources of Poslutants firab Sample Taken During First 30 Minutes Flow -weighted Composite Grab Sample Taken During First 30 Minutes Flow-woighted Composite Lead 7439-92-1 0.19 /l 1 Outtall #1 Part 0 - Provide data for the storm events which resulted in the maximum values for the flow weighted com osite sample. 1. Date of Storm Event 2. Duration of Storm (if) minures) 3. Total rainfall during storm event in inches} 4. Number of hours between beginning of storm meal- ured and end of previous measurable rain event 5. Maximum floe rate during rain event te (gaJions/minuor Specify Units 6. Total flow from rain event (gallons or smify Units) 7. Season sample was taxen 8. Form at Precipitation (rainfall, snowmelf) 9/10/97 120 0.55 4S7 Hours 0.5118 gallml 61-42 gal. SUMMER RAIN 9. Provide a CesCri trcn of The methoo of flow measurement Or estimate. ESTIMATE BASED ON SQUARE FOOTAGE OF AREA THAT WAS DRAINED MULTIPLIED BY INCHES OF RAINFALL PER MUIIM AND CONVERTED TO GALLONS PER MINUTE. EPA Form 3510-21' (11-90) Pa;e :s-2 2F-J Continued from the Front Part C - L-;si each pollutant shown ;n Tables 2F-2, 2F-3, and 2F4 that you know or have reason to believe is present. See the rnsiructions 10r additional details and requirements. Complete one table for each outtall. Pollutant and CAS Number (if Available) Maximum Values (include units) Average Values (include units) 1 Number of Storm Events sampleal Sources of Pollutants Grab Sample Taken During Taken First 30 Minutes Flaw -weighted ' Composite Grab Sample Taken During First 30 Minutes F ow -weighted composite Lead 7439-92-1f 0.34 mgl I Outlall #2 Part D - Provide data for the storm events which resulted in the maximum values for the now weighted composite sample. 1. Date of Storm Event 2. Duration of Storm (in minutes 3. Total rainfall during storm event in inches) 4. Number of hours between beginning of storm meas- ured and end of previous measurable rain event 5. Maximum floe rate during rain event (gauams/minvte or s _ units 5. Total flow from rain event (gallons or specify units) 7, Season sample was taken 8. Form of Precipitation (rainfall, snowmen) 9110197 120 0.55 487 Hours 0.2397 gal/min 28.76 gal SUATMEF RAIN 9- Provide a descr; ticn of the method of scow measurement or estimate. ESTIMATE BASED ON SQUARE FOOTAGE OF AREA THAT WAS DRAINED MULTIPLIED BY INCHES OF RAINFALL PER MINUTE AND CONVERTED TO GALLONS PER MINUTE. EPA form 3510-2F (11-90) Pa`ne V.i-2 -mow 2F-5 l<. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY November 22, 1999 MEMORANDUM TO: Aisha Lau FROM: Steve Mauney " SUBJECT: Powerlab, Inc. NC5000368 Forsyth County 11, a� The writer and Melissa Rosebrock inspected the site on November 18, 1999. The facility takes -lead-irigots-and meIts_it to_ producca_powder that-will-be-used-in-battery=productio T1 e lead ingots (bars) are unloaded from trucks or occasionally from rail cars to inside storage of all ingots. The second loading dock is used for loading the lead powder into bulkjhopper tankers for transport to battery manufacturers. The delivery hoses (8" to 12" diameter) are connected to the top of the hopper tankers for loading of the powder. There was no evidence of powder being lost to the environment. However, the loading dock area may drain to surface waters and it will be beneficial to review their sampling data. A tour of the lab area revealed that all water (5 gallons/day) is collected, treated and put back into the lead vat for cooking it below 700' F. All cleaning of the facility is by a central vacuum system, so that lead dust does not become airborne by sweeping. The product storage vats are under negative pressure to prevent loss of lead dust. It is recommended that the permit be issued. cc: WSRO Central File Staff Review and Evaluation. NPDES Stormwater Permit Contact: Aisha Lau (919-733-5083, ext. 578) AeOtIVED N.C. Dept. of EHNR MAY 2 5 1999 Win";¢nI-! - t, -C—a.! e.M Facility Name: Powerlab, Inc. Regional L NPDES Permit Number: NCS000368 Facility Location: 3352 Old Lexington Road Type of Activity: Produce Lead Monoxide powder for storage battery manufacture SIC code (if applicable): 2819 Receiving Stream: Unnamed tributary to Salem Creek Stream Classification: C Proposed Permit Requirements: See attached draft permit Compliance Schedule: See Part III, Section A of attached draft permit Basis for monitoring See attached Data Analysis Summary Basis for other requirements: NIA Response requested by (date): June 1, 1999 d� - l7et" i� Prepared by (Signature) D e Stormwater and General Perits Unit Supervisor Date Concurrence by RegionalOffice" Date Water Quality qi(�)ervisor Regional Office Staff Comments: Date e Review for Powerlab, Inc. NCS000368 Parameter Benchmark Outfall #1 Ouffall #2 Units BOD5 30 3 2 mg/I CODi 20 55 24 mg/1 3 Nitrate + Nitrite 10 2.5 1 .5, m2A Oil and Grease 30 11 7 mg/1 pH - 6-9 6.98 7.04 su Phosehorous 2 0.11 3 <0.05 mg4 TKN 201 1.25 3.95 mg/l FSS 1001 16?=6 Of the parameters monitored only the lead was above the cut-off concentration, so lead will be monitored for in the permit. Nothing else will be monitored outside of the biannual qualitative monitoring. Federal Register/Vol. 65, No. 210 / Monday, October 30, 2000 / Notices 64821 6.C.2.4 paints (in paste and ready mixed form); varnishes; lacquers; enamels and shellac; putties, wood fillers, and sealers; paint and varnish removers; paint brush cleaners; and allied paint producers; 6.C.2.5 industrial organic chemicals; 6.C.2.6 industrial and household adhesives, glues, caulking compounds, sealants, and linoleum, tile and rubber cements from vegetable, animal or synthetic plastic materials; explosives; printing ink, including gravure, screen process and lithographic inks; miscellaneous chemical preparations such as fatty acids, essential oils, gelatin (except vegetable), sizes, bluing, laundry sours, writing and stamp pad ink, industrial compounds such as boiler and heat insulating compounds, and chemical supplies for foundries; 6.C.2.7 ink and paints, including china painting enamels, indian ink, drawing ink, platinum paints for burnt wood or leather work, paints for china painting, artists' paints and artists' water colors; 6.C.2.8 nitrogenous and phosphatic basic fertilizers, mixed fertilizers, pesticides and other agricultural chemicals. 6.C.3 Limitations on Coverage 6.C.3.1 Prohibition of Non -Storm Water Discharges. (See also Part 1.2.3.3) Not covered by this permit: non -storm water discharges containing inks, paints or substances (hazardous, nonhazardous, etc.) resulting from an onsite spill, including materials collected in drip pans; washwater from material handling and processing areas; and washwater from drum, tank or container rinsing and cleaning. 6.C.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements In addition to the following requirements, you must also comply with the requirements listed in Part 4. 6.C.4.1 Drainage Area Site Map. (See also Part 4.2.2.3) Also identify where any of the following may be exposed to precipitation/surface runoff: processing and storage areas; access roads, rail cars and tracks; areas where substances are transferred in bulk; and operating machinery. 6.C.4.2 Potential Pollutant Sources. (See also Part 4.2.4) Describe the following sources and activities that ....have potential pollutants associated with them: loading, unloading and transfer of chemicals; outdoor storage of salt, pallets, coal, drums, containers, fuels, fueling stations; vehicle and equipment maintenance/cleaning areas; areas where the treatment, storage or disposal (on- or off -site) of waste/ wastewater occur; storage tanks and other containers; processing and storage areas; access roads, rail cars and tracks; areas where the transfer of substances in bulk occurs; and areas where machinery operates. 6.C.4.3 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1) As part of your good housekeeping program, include a schedule for regular pickup and disposal of garbage and waste materials, or adopt other appropriate measures to reduce the potential for discharging storm water that has contacted garbage or waste materials. Routinely inspect the condition of drums, tanks and containers for potential leaks. 6.C.5 Monitoring and Reporting Requirements (See also Part 5) TABLE G1.—SECTOR-SPECIFIC NUMERIC EFFLUENT LIMITATIONS AND BENCHMARK MONITORING Subsector itorin mon Benchmark Ben (Discharges may be subject to requirements for more Parameter off comonation9 cut - Numeric limitation than one sector/subsector) Part of Permit Affected/Supplemental Requirements Phosphate Subcategory of the Fertilizer Manufacturing Total Phosphorus (as P) ... ............................................ 105.0 mg/L, daily max. Point Source Category (40 CFR §418.1%-applies to 35 mg/L, 30-day avg. precipitation runoff, that during manufacturing or processing, comes into contact with any raw mate- rials, intermediate product, finished product, by-prod- ucts or waste product (SIC 2874). - Fluoride .............................. ............................................ 75.0 mg/L, daily max. 25.0 mg/L, 30-day avg. Agricultural Chemicals (2873-2879) ............................... Nitrate plus Nitrite Nitrogen 0.68 mg/L. Total Recoverable Lead .... 0.0816 mg/L. ..................... Total Recoverable Iron ...... 14 mg1L. ........................... Total Recoverable Zinc ..... 0.117 mg/L. ....................... Phosphorus ....................... 2.0 mg/L. ........................... Industrial' Inorganic.Chemlcals ((281272819) 7. 777 .. Total Recoverable Alu- minum 0.75 mg/L 1.0 mg/L ............................ Nitrate plus Nitrite Nitrogen Total Recoverable Iron...... 0.68 mg1L .......................... Soaps, Detergents, Cosmetics, and Perfumes (SIC Nitrate plus Nitrite Nitrogen 0.68 mg/L. 2841-2844), Total Recoverable Zinc ..... 0.117 mg/L.. Plastics, Synthetics, and Resins (SIC 2821-2824) ........ Total Recoverable Zinc ..... 0.117 mg/L. I Monitor once/quarter for the year 2 and year 4 Monitoring Years. 2 Monitor once/year for each Monitoring Year.' 6.13 Sector D—Asphalt Paving and Roofing Materials and Lubricant Manufacturers 6.13.1 Covered Storm Water Discharges The requirements in Part 6.D apply to storm water discharges associated with industrial activity from Asphalt Paving and Roofing Materials and Lubricant Manufacturers facilities as identified by the SIC Codes specified under Sector D in Table 1-1 of Part 1.2.1. 6.D.2 Industrial Activities Covered by Sector D The types of activities that permittees under Sector D are primarily engaged in are: 6.D.2.1 manufacturing asphalt paving and roofing materials; Section B: Chapter 4 Yadkin -Pee Dee River Subbasin 03-07-04 Includes Muddy Creek, Grants Creek and High Rock Lake 4.1 Water Quality Overview Subbasin 03-07-04 at a Glance Land and Water Total area: 730 miZ Stream miles: 438.0 Lake acres: 11,137.3 Population Statistics 1990 Est. Pop.: 325,945 people Pop. Density: 461 persons/miZ Land Cover % Forest/Wetland: 55.9 Surface Water: 3.6 Urban: 6.0 Cultivated Crop: 2.8 Pasture/ Managed Herbaceous: 31.7 This subbasin is located entirely within the piedmont portion of the state. Muddy Creek is the largest tributary of the Yadkin River within this subbasin and its watershed drains the Winston-Salem area. Grants Creek, in the southwestern part of the subbasin, flows through Salisbury, Spencer and East Spencer. Dutchman Creek (subbasin 03- 07-05) and the South Yadkin River (subbasin 03-07-06) enter the Yadkin River above High Rock Lake in this subbasin. Abbotts Creek (discussed in subbasin 03-07-07) is a tributary to High Rock Lake. The subbasin contains all or part of more than 15 different municipalities and five counties. The Yadkin River and High Rock Lake serve as the county boundary between Davie and Davidson and Rowan and Davidson counties. A map including the locations of NPDES discharges and water quality monitoring stations is presented in Figure 13- 4. Table B-7 contains a summary of monitoring data types, locations and results. Use support ratings for waters in this subbasin are summarized in Table B-8. Appendix I provides a key to discharge identification numbers. Refer to Appendix III for a complete listing of monitored waters and more information about use support ratings. This subbasin is one of only a few in which more than 5 percent of land is described as urban. The northern portion of the subbasin includes Winston-Salem, Rural Hall, Tobaccoville and parts of King, Lewisville, Clemmons and Kernersville and is almost completely developed. Approximately 56 percent of the land is forested and nearly 35 percent is in agriculture. More than 3 percent is surface water reflecting a large portion of the 15,750-acre High Rock Lake. This subbasin contains more than one quarter (27 percent) of the total basin population, and the population density in 1990 was the highest of any other subbasin. Population is expected to increase 32 percent in Rowan, 26 percent in Forsyth and 25 percent in Davidson counties between 2000 and 2020, The subbasin contains 40 NPDES permitted discharges and eight registered animal operations. Facilities with compliance or toxicity problems are discussed in following sections. The majority of waters within this subbasin exhibit some level of impacts to water quality. Many streams are Impaired by a combination of nonpoint and point source pollution. There are no High Quality Waters or Outstanding Resource Waters within the subbasin. Section B: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 146 Figure B-4 Yadkin -Pee Dee River Subbasin 03-07-04 SURRY f King STOKES I YADKfN Lewisville DAME V\ ROWAN 112A F_ . ��. 2� F11Ao,_S1.1 I U . m, G Yry j6pa 106 � 7 SSB-4 '05' 1 0 01 1k,00 Faith' `,'China Landis Grove Sec ..S! Al ACRAW NCDENR CABARRUS Planning Branch Basinwide Planning Program Unit 5 0 March 21, 2003 �272, 'Rural.'Hall FORSYTH A, Be ni Milkertown wifistbRf _251_AA `'Salem f ^% KerA , _241 ersville 1 d235 SS 6-1 223 230AP"22 B-3,0 is $j! 222 F-2 ­219 134 C12510000 600 00 67 2 -B. I 197j 195 ik 187 ­)175,," 184 C f— N ; It lye A ,A- DA VID SON �-183 NPf81000a yf 168 texing n 1571 151 14 143 1 lr140' 126 Legend 99000 lot C) Subbasin Bmndary ;00 NC-8 m AmUmd MwftruM St3don Benthic SUbon High Rock Fish Cmwxwft SWon Lake 11N\ (D F-bh TISSUO StWon 06120000 hrPDES DIsMargas A major A minor RC)ck*, ell Impaired Spportng Not Rated N No Data /V Boundary STANLY ivPrimary Roads 5 10 miles i mupwity ;6=;R Table B-7 DWQ Monitoring Locations, Bioclassifcations and Notable Chemical Parameters (1998-2002) for Yadkin -Pee Dee River Subbasin 03-07-04 Site Stream County Road Bioclassification or Noted Parameter" Benthic Macroinvertebrate Community Monitoring B-1 Muddy Creek' Forsyth SR 1898 Good -Fair B-2 Muddy Creek Forsyth SR 2995 Good -Fair SSBA Reynolds Creek' Forsyth Above Sequioa WWTP Not Rated SSB-2 Reynolds Creek Forsyth Below Sequioa WWTP Not Rated B-3 Salem Creek' Forsyth SR 2657 Not Rated B-4 Salem Creek Forsyth SR 2902 Fair B-5 Salem Creek Forsyth SR 2991 Fair B-6 South Fork Muddy Cr' Forsyth SR 2902 Good -Fair B-7 Yadkin River' Davidson SR 1447 Good B-8 Grants Creek' Rowan SR 1914 Fair SSB-4 UT Grants Creek' Rowan SR 1500 Not Impaired SSB-3 Town Creek' Rowan I-85 Fair Fish Community Monitoring F-1 Muddy Creek Forsyth SR 1891 Fair F-2 Silas Creek Forsyth SR 1137 Fair F-2 Silas Creek (2002) Forsyth SR 1137 Good -Fair F-3 Salem Creek Forsyth SR 1120 Poor F-4 South Fork Muddy Cr Forsyth SR 2902 Good -Fair F-5 Grants Creek Rowan SR 2202 Good -Fair Ambient Monitoring Q2510000 Salem Creek Forsyth At Elledge WWTP Fecal coliform Q2600000 Muddy Creek Forsyth SR 2995 Nutrients, Fecal coliform Q2810000 Yadkin River Davie/ Davidson US 64 Turbidity Q4600000 Grants Creek Rowan Near mouth Turbidity, Nutrients, Fecal coliform Q4660000 Yadkin River Rowan/ Davidson NC 150 Turbidity Fecal coliform Q5970000 Abbotts Creek Arm of High Rock Lake Davidson NC 47 Turbidity, Iron, Dissolved oxygen Q5990000 Abbotts Creek Arm of High Rock Lake Davidson SR 2295 Turbidity, Dissolved oxygen Section B: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 148 Q5360000 Town Creek Arm of High Rock Lake Rowan SR 2168 Turbidity, Iron, Dissolved oxygen Yadkin -Pee Dee River Basin Association Monitoring Q2291000 Muddy Creek Forsyth I-40 Fecal coliform Q2479455 Salem Creek Forsyth SR 2740 None Q2540000 Salem Creek Forsyth SR 1120 None Q2570000 Salem Creek Forsyth SR 2991 Fecal coliform Q2720000 Muddy Creek Forsyth SR 1485 Turbidity Q2810000 Yadkin River' Davie/ Davidson US 64 Turbidity Q4540000 Grants Creek Rowan 3"" St. Extension Fecal coliform, Turbidity Q4600000 Grants Creek' Rowan Near mouth None Q4660000 Yadkin River' Rowan/ Davidson NC 150 Turbidity Q5240000 Town Creek Rowan I-85 None Q5980000 Abbotts Creek Arm of High Rock Lake' Davidson NC 47 None Lakes Assessment -- Winston Lake Forsyth 1 station None -- Salem Lake Forsyth 3 stations None -- High Rock Lake Rowan/ Davidson 8 stations % DO saturation, "Turbidity, Nutrients, Chlorophyll a, pH -- Lake Wright Rowan 1 station None - Lake Corriher Rowan 1 station None Historical data of this type are available for this waterbody; refer to Appendix 11. Sites may vary. Parameters are noted if in excess of state standards in more than 10 percent of samples collected within the assessment period (9/1996-8/2001). This site duplicates a DWQ ambient monitoring station. For more detailed information on sampling and assessment of streams in this subbasin, refer to the Basinwide Assessment Report - Yadkin -Pee Dee River Basin (NCDENR-DWQ, June 2002), available from DWQ Environmental Sciences Branch at http://www.esb.enr.state.nc.us/bar.htm] or by calling (919) 733-9960. Section B: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 149 Table B-8 Use Support Ratings Summary (2002) for Monitored and Evaluated' Freshwater Streams (miles) and Lakes (acres) in Yadkin -Pee Dee River Subbasin 03-07-04 Use Support Category Units Supporting Impaired Not Rated No Data Total' Aquatic Life/Secondary Recreation miles acres 69.3 275.3 48.2 10,449.7 3.3 71.0 317.2 341.3 438.0 11,137.3 Fish Consumption' miles acres 352.7 301.8 85.3 10,835.5 0.0 0.0 0.0 0.0 438.0 11,137.3 Primary Recreation miles acres 0.0 4,880.9 0.0 0.0 0.0 0.0 3.0 359.5 3.0 5,240A Water Supply miles acres 76.9 11,084.5 0.0 0.0 0.0 0.0 0.0 0.0 76.9 11,084.5 Total stream mileslacres assigned to each use support category in this subbasin. Column is not additive because some stream miles are assigned to more than one category. These waters are impaired based on fish consumption advice issued for three species of freshwater fish due to mercury contamination. Refer to page 104 of Section A for details. 4.2 Status and Recommendations for Previously Impaired Waters This section reviews use support and recommendations detailed in the 1998 basinwide plan, reports status of progress, gives recommendations for the next five-year cycle, and outlines current projects aimed at improving water quality for each water. The 1998 Yadkin -Pee Dee River basin plan identified portions of Reynolds Creek, Salem Creek and Grants Creek as Impaired. These waters are discussed in further detail below. 4.2.1 Reynolds Creek (3.3 miles from source to Muddy Creek) 1998 Recommendations Biological surveys conducted in 1994 revealed that Reynolds Creek was Impaired downstream of the Sequoia WyVTP. This facility was a package WWTP serving a residential community. DWQ recommended that an engineering alternatives analysis be conducted to determine the feasibility of eliminating this discharge and connecting to the Winston-Salem/Forsyth County collection system. Recommendations were also made for reducing nonpoint source pollution. Current Status Benthic macroin vertebrate communities in Reynolds Creek were sampled again at two locations in 2000. Due to reduced flow, the stream was too small for bioclassifications to be assigned. Upstream of the discharge, DWQ biologists found that there had been a slight decline over the . six -year period, which is likely due to increased development in Lewisville. Downstream, significant problems still existed that were attributed primarily to the WWTP. Areas of sludge deposition were observed that were contributing to water quality problems. The Sequoia WWTP discharge was removed in July 2001. 2002 Recommendations Although Reynolds Creek is currently Not Rated due to its small size, significant water quality problems still exist. DWQ will continue to monitor this stream to evaluate any improvement Section $: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 150 following the removal of the Sequioa WWTP discharge. However, local actions are needed to reduce the effects of nonpoint source pollution, particularly from stormwater runoff, and to restore habitat in the lower portion of the watershed. It is likely that Forsyth County and Lewisville will be required by DWQ to obtain an NPDES permit for municipal stormwater systems under the federal Phase II stormwater rules. 4.2.2 Salem Creek (12.0 miles from dam at Salem Lake to Muddy Creek) 1998 Recommendations Recommendations for the Salem Creek watershed include support for the City of Winston- Salem's stormwater program and call for further action by the city and Forsyth County to help maintain and improve water quality in the face of continuing development. DWQ planned to reevaluate the computer model used to determine the wasteload allocation for the Archie Elledge WWTP and adjust the NPDES permit accordingly, based on the outcome. Current Status The Salem Creek watershed continues to develop, particularly in the headwaters near Kernersville, but also on the lower end. Some habitat degradation was observed above Salem Lake, but the majority of water quality problems exist below the confluence with Brushy Fork. Biological surveys were conducted by DWQ at three sites below Salem Lake, and water chemistry samples were also collected at three sites. Although a small percentage of samples downstream of the Archie Elledge WWTP contained dissolved oxygen concentrations less than 5.0 mg/l, the WWTP does not seem to be adversely impacting the stream. Benthic macroinvertebrate communities were very similar above and below the WWTP. Significant habitat degradation was observed throughout the lower watershed, including severe bank erosion, a lack of riparian vegetation, and sedimentation leading to a very uniform sand/silt substate (i.e., lack of pool and riffle habitat). Additionally, the fish community site, which received a Poor bioclassification, is located upstream of the WWTP discharge. Salem Creek, from the dam at Salem Lake to the confluence with Muddy Creek, remains Impaired. The geometric means of fecal coliform samples collected from three stations between 1998 and 2001 and one station between 1996 and 2001 from Salem Creek (307, 327, 368 and 773 colonies/100m1) indicate that the stream may not be suitable for primary recreation. In addition, fecal coliform concentrations were greater than 400 colonies/100ml in more than 20 percent of samples from each site. Salem Creek is not currently classified for primary recreation (Class B). However, the stream was historically placed on the 303(d) list for fecal coliform and a TMDL is being developed by DWQ. 2002 Recommendations Further investigation into the causes and sources of biological impacts to Salem Creek is needed before specific recommendations to improve water quality can be made. Local actions are needed to reduce sedimentation, turbidity and fecal coliform contamination and to promote the production of instream habitat by restoring riparian vegetation throughout the watershed. DWQ will develop a TMDL for fecal coliform and work with local agencies to implement it over the next five-year basinwide planning cycle. Many of the BMPs employed to reduce fecal coliform contamination will likely help reduce habitat degradation in the watershed also. In addition, Forsyth County and Kernersville are required to obtain NPDES permits for municipal Section B: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 151 stormwater systems under the Phase 1I stormwater rules. Refer to page 37 of Section A, Chapter 2 for details. Water Quality Improvement Projects The Salem Creek watershed, including Peters Creek and Brushy Fork (03040101 170060), is one of 55 watersheds in the Yadkin -Pee Dee River basin that has been identified by the NC Wetlands Restoration Program (NCWRP) as an area with the greatest need and opportunity for stream and wetland restoration efforts. This watershed will be given higher priority than a nontargeted watershed for the implementation of NCWRP restoration projects. Refer to page 278 in Section C for details. 4.2.3 Grants Creek (1.2 miles from SR 1910 to Yadkin River) 1998 Recommendations The 1998 basin plan discussed water quality impacts from the Salisbury Grants Creek WWTP and Spencer Sowers Ferry Road WWTP discharges and Salisbury's plans to relocate the Grants Creek WWTP discharge to the Yadkin River. Recommendations were for DWQ to monitor the stream following the removal of this discharge and for local action to reduce nonpoint source pollution. Current Status Biological data were collected from two sites, and water chemistry data were collected from three sites along Grants Creek over the previous basinwide planning cycle. Although the uppermost site (above the WWTP discharges) received a Good -Fair bioclassification, biological surveys indicated severe habitat degradation as well as nutrient enrichment. Further downstream, Grants Creek is impaired by a combination of historical point source problems and current nonpoint source problems. At two water chemistry sites (above and below the WWTPs), turbidity concentrations were in excess of state standards in more than 10 percent of samples. The geometric means of fecal coliform samples collected from two stations between 1998 and 2001 and one station between 1996 and 2001 from Grants Creek (282, 231 and 291 colonies1100ml) indicate that the stream may not be suitable for primary recreation. In addition, fecal coliform concentrations were greater than 400 colonies1100m1 in more than 20 percent of samples from each site. Grants Creek is not currently classified for primary recreation (Class B). However, the stream was historically placed on the 303(d) list.for fecal coliform and a TMDL has already been developed by DWQ. The City of Salisbury relocated the Grants Creek WWTP discharge to the Yadkin River in 1998. The City of Spencer's Sowers Ferry Road WWTP continued to have significant and chronic problems with BOD as well as chronic problems with dissolved oxygen and total suspended solids over the most recent assessment period (1998-2001). However, in November 2000, the City of Salisbury purchased the Sowers Ferry Road WWTP. Salisbury worked throughout 2001 and 2002 to divert all flows into the Grants Creek WWTP and the Sowers Ferry Road WWTP discharge was eliminated by the end of 2002. Section B: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 152 2002 Recommendations Although Grants Creek above the City of Salisbury is not Impaired, impacts are evident. Further investigation into the causes and sources of biological impacts in the lower portion of Grants Creek is needed before specific recommendations to improve water quality can be made. DWQ expects to see some improvement below the old Sowers Ferry Road WWTP during the next basinwide planning cycle due to Salisbury's elimination of this discharge. However, local actions will continue to be needed throughout the watershed to reduce sedimentation and turbidity and to promote the production of instream habitat by restoring riparian vegetation. DWQ's fecal coliform TMDL for Grants Creek was approved by the EPA in 2002. The study revealed that the sources of fecal coliform in the Grants Creek watershed are urban sources in the Landis, China Grove and Salisbury areas, livestock grazing and manure application on agricultural lands and pasturelands, and wildlife in the forested areas of the watershed. The Coliform Routing and Allocation Program was utilized to simulate instream fecal concentrations and to allocate the fecal coliform loads to the various sources. In order for water quality standards for fecal coliform to be met in Grants Creek, a nonpoint source load reduction of 33-60 percent under dry weather conditions and 85-97 under wet weather conditions must be met. The model estimates that WWTP discharges contribute an insignificant percentage of the fecal coliform loading in the watershed. In addition, both major discharges have now been removed from Grants Creek. Therefore, the reduction allocation focuses on the fecal coliform loading from urban sources in the Landis, China Grove and Salisbury areas and livestock grazing and manure application on agricultural lands. These calculations are the first step in reducing fecal coliform concentrations in the watershed. Many of the BMPs employed to implement the TMDL will likely help reduce habitat degradation in the watershed as well. In addition, Landis, China Grove and Salisbury are required to obtain an NPDES permit for municipal stormwater systems under the federal Phase I1 stormwater rules. Refer to Section A, page 37 for details. Water Quality hnprovement Projects The Grants Creek watershed (03040103 010010) is one of 55 watersheds in the Yadkin -Pee Dee River basin that has been identified by the NC Wetlands Restoration Program (NCWRP) as an area with the greatest need and opportunity for stream and wetland restoration efforts. This watershed will be given higher priority than a nontargeted watershed for the implementation of NCWRP restoration projects. Refer to page 278 in Section C for details. 4.3 Status and Recommendations for Newly Impaired Waters Town Creek, a portion of Muddy Creek -and High Rock Lake are rated Impaired based on recent DWQ monitoring (1996-2001). This section outlines the potential causes and sources of impairment and provides recommendations for improving water quality. Section B: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 153 4.3.1 Muddy Creek (15.2 miles from Mill Creek #3 to SR 2995) Current Statics The headwaters of Muddy Creek flow from Stokes County, and the stream is currently the western boundary of the City of Winston-Salem. The watershed continues to develop, particularly in the headwaters near King, Tobaccoville and Rural Hall, but also on the lower end where Clemmons and Winston-Salem meet. Some habitat degradation was observed above the confluence with Mill Creek, but the majority of water quality problems exist below this point. On the low end, the stream exhibits some recovery below the confluence with South Fork Muddy Creek; however, impacts are evident in this portion of stream as well. The middle portion of Muddy Creek is Impaired based primarily on fish community data collected in 1996 and 2001. Benthic macroinvertebrate communities in this middle reach of stream have also received bioclassifications that indicate impairment, although these communities were not sampled at this location over the most recent assessment period. Water chemistry is collected at three locations along Muddy Creek. Elevated nutrients, turbidity and fecal coliform were observed over the five-year period (1996-2001). The geometric means of fecal coliform samples collected from two stations between 1998 and 2001 and one station between 1996 and 2001 from Muddy Creek (265, 255 and 488 colonies/100ml) indicate that the stream may not be suitable for primary recreation. Fecal coliform concentrations were greater than 400 colonies/100ml in more than 20 percent of samples from each site as well. Current methodology requires additional bacteriological sampling for streams with a geometric mean greater than 200 colonies/100m1 or when concentrations exceed 400 col/100ml in more than 20 percent of samples. However, these additional assessments are prioritized such that, as monitoring resources become available, the highest priority is given to those streams where the likelihood of full -body contact recreation is greatest. Muddy Creek is not currently classified for primary recreation (Class B). The impairment of Muddy Creek is primarily attributed to nonpoint source pollution from stormwater runoff from construction sites and developed areas. The input of heavily developed and/or Impaired tributaries also contributes: Mill, Silas, Reynolds and Salem Creeks. 2002 Reconunendations Further investigation into the actual causes and sources of biological impacts to Muddy Creek is needed before specific recommendations to improve water quality can be made; however, the potential for water quality improvement for this stream is still strong. Local actions are needed to reduce sedimentation, turbidity and fecal coliform contamination and to promote the production of instream habitat by restoring riparian vegetation throughout the watershed. In addition, Forsyth County as well as King, Tobbacoville, Rural Hall, Lewisville and Clemmons are required by DWQ to obtain an NPDES permit for municipal stormwater systems under the Phase II stormwater rules. Refer to SectiorrA, page 37 for details. Section A. Chapter 4 contains more recommendations for reducing habitat degradation from stormwater runoff. Water Quali1y /TnprOyenient ProieCts Although Muddy Creek is not one of 55 watersheds in the Yadkin -Pee Dee River basin that has been identified by the NC Wetlands Restoration Program (NCWRP) as an area with the greatest need and opportunity for stream and wetland restoration efforts, several of its tributary Section 8: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 154 watersheds have been selected. The Mill Creek, Silas Creek and South Fork Muddy Creek watersheds have been targeted. These watersheds will be given higher priority than nontargeted watersheds for the implementation of NCWRP restoration projects. Refer to page 278 in Section C for details. 4.3.2 Town Creek (15.4 miles from source to Crane Creek) Current Status Town Creek begins just east of Kannapolis and flows through Salisbury and East Spencer before reaching High Rock Lake. The City of Salisbury historically had a discharge from a WWTP on Town Creek. Significant improvement has been observed since the discharge was removed in 1990. However, both fish and benthic communities are Impaired in Town Creek. Habitat degradation was noted along with a few occurrences of low dissolved oxygen and elevated turbidity. The lower half of the watershed is heavily developed, and stormwater runoff is likely a major contributor to the impairment. There is one minor discharge in the headwaters which continues to be compliant with its NPDES permit. 2002 Recommendations DWQ plans to conduct further investigation into the causes and sources of the biological impairment of Town Creek during this basinwide planning cycle. DWQ will notify local agencies of water quality concerns regarding these waters and work with them to conduct further monitoring and to locate sources of water quality protection funding. In addition, Rowan County and Salisbury are required to obtain an NPDES permit for municipal stormwater systems under the Phase II stormwater rules. Refer to Section A, page 37 for details. Water Quality Improvement Projects The Town Creek watershed (03040103 010020) is one of 55 watersheds in the Yadkin -Pee Dee River basin that has been identified by the NC Wetlands Restoration Program (NCWRP) as an area with the greatest need and opportunity for stream and wetland restoration efforts. This watershed will be given higher priority than a nontargeted watershed for the implementation of NCWRP restoration projects. Refer to page 278 in Section C for details. 4.3.3 High Rock Lake (15,750 acres) 1998 Recommendations High Rock Lake was not rated Impaired during the assessment period leading up to the 1998 Yadkin -Pee Dee River basin plan. However, the lake was rated support threatened and is extensively discussed in the plan, indicating impacts to water quality that could lead to impairment: The plan focuses on problems with excessive algal growths related to high nutrient levels in the arms of the lake. Although nutrients were also high in the main body of the lake, designated uses seemed to be supported. Recommendations are for DWQ to investigate the feasibility of developing a nutrient strategy for the watershed and consider reclassifying the lake as Nutrient Sensitive Waters. DWQ also planned to require phosphorus limits for major discharges into the arms and urged all major dischargers in the watershed to identify ways to optimize phosphorus removal using existing capabilities. Section B: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 155 Current Status Eight stations on High Rock Lake were monitored by DWQ in 1999, 2000 and 2001. This increased monitoring of High Rock Lake over the most recent assessment period has allowed DWQ to determine that the lake is Impaired. The decision is based on high levels of nutrients, combined with chlorophyll a, turbidity and percent dissolved oxygen saturation in excess of state standards. Low dissolved oxygen and high turbidity in the Abbotts Creek and Town Creek Arms are also contributing to aquatic life impairment. An extensive discussion of water quality data collected from High Rock Lake is found in Section A, Chapter 4 beginning on page 107. 2002 Recommendations The High Rock Lake watershed (map on page 279) comprises slightly more than half of the Yadkin -Pee Dee River basin. Recommendations for improving water quality in the lake are detailed in Section A, Chapter 4: Recommendations for Water Quality Issues Related to Multiple Subbasins in the Yadkin -Pee Dee River Basin. The High Rock Lake part of the discussion begins on page 107. 4.4 Section 303(d) Listed Waters Currently, portions of six waters in this subbasin are listed on the state's draft 2002 303(d) list for biological impairment: Reynolds Creek, Salem Creek, Grants Creek, Town Creek and two small unnamed tributaries. Grants Creek and a portion of Salem Creek are also listed for fecal coliform and turbidity. A fecal coliform TMDL for Grants Creek has been developed by DWQ, and one for Salem Creek will likely be developed during this basinwide planning cycle. Refer to Appendix IV for more information on the state's 303(d) list and listing requirements. 4.5 Status and Recommendations for Waters with Notable Impacts Based on DWQ's most recent use support assessment, the surface waters discussed below are not Impaired. However, notable water quality impacts were documented. While these waters are not considered Impaired, attention and resources should be focused on them over the next basinwide planning cycle to prevent additional degradation or facilitate water quality improvement. A discussion of how impairment is determined can be found in Appendix III. Although no action is required for these streams, voluntary implementation of BMPs is encouraged and continued monitoring is recommended. DWQ will notify local agencies and others of water quality concerns discussed below and work with them to conduct further monitoring and to locate sources of water quality protection funding. Additionally, education on local water quality issues is always a useful tool to prevent water quality problems and to promote restoration efforts. Nonpoint source agency contacts are listed in Appendix VI. 4.5.1 Mill Creek Silas Creek Mill and Silas Creeks parallel Salem Creek in the Muddy Creek watershed. These streams are likely being impacted by stormwater runoff from the City of Winston-Salem. Mill Creek has not been sampled by DWQ, but the lower two-thirds of the watershed contain moderate road Section B: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 156 coverage indicating large amounts of developed area, similar to the watershed of Silas Creek. The fish community of Silas Creek was sampled by DWQ for the first time in 2001. Severe habitat degradation was observed and the data indicated impairment. However, the stream was resampled in 2002 and received a Good -Fair bioclassification. This score is likely due to the reduction in nonpoint source pollution that accompanies an extended drought. Refer to Section A, Chapter 4 for recommendations and management strategies for reducing impacts of runoff from developed areas. The Mill Creek and Silas Creek watersheds (03040101 170020 and 170040) are two of 55 watersheds in the Yadkin -Pee Dee River basin that have been identified by the Wetlands Restoration Program as areas with the greatest need and opportunity for stream and wetland restoration efforts. These watersheds will be given higher priority than nontargeted watersheds for the implementation of NCWRP restoration projects. Refer to page 278 in Section C for details. 4.5.2 Salem Lake Kerners Mill Creek Although the most severe water quality problems in the Salem Creek watershed occur downstream of Salem Lake, habitat degradation has been observed in Kerners Mill Creek above the lake. In addition, this water supply lake exhibits signs of nutrient enrichment and a diverse assemblage of algae. The Lowery Creek arm exhibits slightly lower dissolved oxygen compared with the other two stations on Salem Lake. Local actions are needed to reduce the effects of nonpoint source pollution in the Salem Lake watershed, particularly from stormwater runoff from construction sites and developed areas. Kernersville is required to obtain an NPDES permit for municipal stormwater systems under the Phase II stormwater rules. Refer to page 37 of Section A, Chapter 2 for details. The Salem Creek watershed (03040101 170060) is one of 55 watersheds in the Yadkin -Pee Dee River basin that has been identified by the NC Wetlands Restoration Program (NCWRP) as an area with the greatest need and opportunity for stream and wetland restoration efforts. This watershed will be given higher priority than a nontargeted watershed for the implementation of NCWRP restoration projects. Refer to page 278 in Section C for details. 4.5.3 South Fork Muddy Creek South Fork Muddy Creek borders the City of Winston-Salem on the southeastern side. The watershed contains a mix of residential and agricultural land uses. Most of the new development is occurring in the Fiddlers Creek watershed. Substantial habitat degradation was observed during biological surveys of South Fork Muddy Creek below the confluence of Fiddlers Creek. The Good -Fair bioclassification could be due to the reduction in nonpoint source pollution that accompanies an extended drought. Local actions are needed to reduce the effects of nonpoint source pollution, particularly from stormwater runoff from construction sites and developed areas in Fiddlers Creek, but also from agricultural activities in other parts of the watershed. The South Fork Muddy Creek watershed (03040101 170070) is one of 55 watersheds in the Yadkin -Pee Dee River basin that has been identified by the NC Wetlands Restoration Program Section B: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 157 (NCWRP) as an area with the greatest need and opportunity for stream and wetland restoration efforts. This watershed will be given higher priority than a nontargeted watershed for the implementation of NCWRP restoration projects. Refer to page 278 in Section C for details. 4.5.4 North Potts Creek South Potts Creek North and South Potts Creeks flow south in Davidson County near Lexington into the upper reaches of High Rock Lake. The South Potts Creek watershed (larger of the two) is mostly in agriculture, with the exception of the 1-85 corridor and a large rail yard on the lower end. Some historic channelization is evident, and residential development is increasing along US 29/70 between Lexington and Spencer. One NPDES permitted discharge (Davidson County Churchland Elementary) is in significant noncompliance for ammonia in the headwaters. There is already more developed area in the North Potts Creek watershed and major channelization has occurred. Two NPDES permitted discharges (Davidson County Tyro Junior High and West Davidson High) are in significant noncompliance for BOD, ammonia and chlorine. DWQ sampled North Potts Creek in 1988, but there is no recent data for either stream. DWQ will attempt to conduct a special study of these streams during the next basinwide planning cycle to determine: 1) the level of impacts associated with these land uses and discharges; and 2) the contribution of this watershed to the impairment of High Rock Lake. In addition, local actions are needed to reduce the effects of nonpoint source pollution, particularly from stormwater runoff. 4.6 Additional Water Quality Issues with Subbasin 03-07-04 The previous parts discussed water quality concerns for specific stream segments. This section discusses water quality issues related to multiple watersheds within the subbasin. Information found in this section may be related to concerns about things that threaten water quality or about plans and actions to improve water quality. 4.6.1 NPDES Discharges Twenty-two of the 40 NPDES discharges had a few permit violations over the two-year review period (September 1999 - August 2001). Nine facilities are in significant noncompliance; six are Davidson County schools. Almost every school in Davidson County is in significant noncompliance for at least one parameter. Because the facilities are scattered throughout several subbasins, these problems and the plans to correct them are discussed on page 113 of Section A, Chapter 4. Color/Tex Finishing had significant problems meeting COD, pH and total suspended solids limits in 2000. The Sowers Ferry Road WWTP (originally, owned by Spencer, then bought by Salisbury) was in significant noncompliance over the entire period of review for problems meeting BOD, dissolved oxygen and total suspended solids limits. This discharge was eliminated in 2002. The Hilltop Living Center had problems meeting BOD limits over the two- year review period. Section B_ Chapter 4 - Yadkin -Pee Dee River Subbashn 03-07-04 158 Fifteen facilities are required to monitor effluent toxicity; three have had significant compliance problems over the previous basinwide planning cycle. The Lucent Technologies groundwater remediation facility failed four consecutive chronic toxicity tests during the period from March to June of 1999. Facility staff replaced the system's carbon filter media and optimized application of treatment chemicals to address the problem. No failures have occurred since June 1999. Noncompliances in 1999 and 2000 at the City of Salisbury's Sowers Road WWTP seemed to be associated with operational problems at the WWTP. There were no WET test failures between September 2000 and 2002 when the discharge was eliminated. The Scarlett Acres Mobile Home Park WWTP has produced sporadic failures since it began operation in 1990. Its most recent noncompliances in 2001 have been attributed to poor operation and numerous power outages. 4.6.2 Projected Population Growth The population of Rowan County is projected to increase 32 percent, Davidson County — 25 percent, and Forsyth County — 26 percent between 2000 and 2020. Much of this development is likely to occur along highway corridors (I-40, I-85, US 64 and US 29/70) and in smaller suburban municipalities like King, Kernersville, Lewisville and Clemmons. Figure B-5 presents population increases between 1990 and 2000 for selected municipalities this subbasin. 8000 7000 6000 z 5000 Q 0 4000 z° 3000 2000 1000 Figure B-5 Population Increases for Selected Subbasin 03-07-04 Municipalities (1990-2000) Growth management within the next five years will be imperative in order to improve or maintain water quality in this subbasin. Growth management can be defined as the application of strategies and practices that help achieve sustainable development in harmony with the conservation of environmental qualities and features of an area. On a local level, growth management often involves planning and development review requirements that are designed to maintain or improve water quality. Refer to Section A, Chapter 4 for more information about minimizing impacts to water quality from development. Section B: Chapter 4 - Yadkin -Pee Dee River Subhasin 03-07-04 159 4.6.3 The South YadkinNadkin River Corridor Conservation Plan The LandTrust for Central NC (LTCNC) received $7,500 from the Conservation Trust for North Carolina and the Clean Water Management Trust Fund to develop a report evaluating the conservation needs and opportunities along 24 miles of the lower South Yadkin River and a 26- mile section of the Yadkin River above High Rock Lake. This corridor incidentally included a portion of lower Grants Creek as well. The South Yadkin/Yadkin River Corridor Conservation Plan was completed in December 2001. The highest priorities for conservation identified by the plan are land between Fourth Creek and the South Yadkin River, above and including the confluence of the two streams; and land between the South Yadkin River and the Yadkin River, above and including the confluence of the two rivers. There are large tracts of land (owned by Duke Power -Progress Energy) along the Yadkin River which are in close proximity to lands that are already by LTCNC. There are also large amounts of riparian land (owned by ALCOA) along both the South Yadkin and Yadkin Rivers. These Duke Power and ALCOA lands also received high priority for protection (Merrill, December 2001). The conservation plan has been integrated into the daily efforts of LTCNC while pursuing conservation opportunities in the Yadkin -Pee Dee River basin. Page 294 of Section C contains more information about The LandTrust for Central NC. You may also visit the website for details about the many lands which LTCNC helped place in conservation ownership at http://www.l,indtriistciic.orp-/aboutiandtrust.htinl - Section B: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 160 Yadkin River Basin Waters for which TMDLs are required. Assessment Year Waterbody and Description Unit (AU) Class Subbasln fmpafredUse Listed Category and Reason for Listing potential Source(s) Mlles Acres YADKIN RIVER (including lower 12-(124.5)a WS-IV&B CA 30704 2004 5 10.6 portion of High Rock Lake) From a point 0.6 mile upstream of dam of High Rock Lake to High Rock Dam Aquatic Life 1. 2004 5 Standard violation: Turbidity T 1. Source Unknown YADKIN RIVER (including upper 12-(124.5)b WS-IV&S CA 30704 2004 41b 3.5 portion of Tucktertown Lake) From High Rock Dam to mouth of Cabin Creek Aquatic Life 1. 2004 4b Standard violation: Low 1. Hydromodification: Dam Dissolved Oxygen Release J� Little Creek 12.110-3 30704 1998 6 6.5 From source to Grants Creek Overall 1, 1998 6 Impaired biological integrity: stressors not identified Grants Creek 12-110b C 30704 1998 5 1.2 From SR 1910 to Yadkin River Aquatic Life 1. 1998 6 Impaired biological integrity: 1. Urban Runoff/Storm Sewers stressors not identified 2. Source Unknown 2. 1998 5 Standard violation: Turbidity 3. Agriculture 3. 1998 4a Standard violation: Fecal Coliform Town Creek 12-115-3 C 30704 1998 6 15.4 From source to Crane Creek Aquatic Life 1, 1998 6 Impaired biological integrity: 1. Urban Runoff/Storm Sewers stressors not identified Muddy Creek 12-94-(0.5)b C 30704 2004 6 15.2 From Mill Creek #3 to SR 2995 Aquatic Life 1. 2004 6 Impaired biological integrity: 1. Urban Runoff/Storm Sewers stressors not identified 2. Minor Non -Municipal Solem.Creek (Middle Fork Muddy 12-94-12-(4� C 30704 1998 5 12.0 (—Creek)__] From Winston-Salem Water Supply Dam (Salem Lake) to Muddy Creek Aquatic Life 1. 1998 6 Impaired biological integrity: 1. Urban Runoff/Storm Sewers stressors not identified 2. 1998 5 Standard violation: Fecal Coliform Monday, April26, 2004 North Carolina 303(d) Impaired Waters List-2004 River Basin: Yadkin Page 104 of 112 , Tr F'