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HomeMy WebLinkAboutNCS000326_COMPLETE FILE - HISTORICAL_20130218STORMWATER DIVISION CODING SHEET RESCISSIONS, PERMIT NO. /VC3 6 00152& DOC TYPE [I COMPLETE FILE -HISTORICAL DATE OF RESCISSION ❑ o2a �-3 dc;2. le? YYYYMMDD NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John Skvarla, III Governor Director Secretary February 18, 2013 Ts Kwon Hyosung USA Inc - Hyosung USA, Inc. 500 19th Ave Se Decatur, AL 35601 Subject: Rescission of NPDES Stormwater Permit Certificate of Coverage Number NCS000326 Plant #2 Randolph County Dear Permittee: The Division of Water Quality received your request to rescind your coverage under Certificate of Coverage Number NCS000326. In accordance with your request, Certificate of Coverage Number NCS000326 is rescinded effective immediately. Operating a treatment facility, discharging wastewater or discharging specific types of stormwater to waters of the State without valid coverage under an NPDES pen -nit is against federal and state laws and could result in fines. If something changes and your facility would again require stonnwater or wastewater discharge pen -nit coverage, you should notify this office immediately. We will be happy to assist you in assuring the proper permit coverage. If the facility is in the process of being sold, you will be performing a public service if you would inform the new, or prospective owners of their potential need for NPDES permit coverage. 1f you have questions about this matter, please contact Boyd DeVane at 919 807-6373, or the Water Quality staff in our Winston-Salem Regional Office at 336-771-5000. Sincerely, for Charles Wakild, P.E., Director cc: Winston-Salem Regional Office Stormwater Permitting Unit DWQ Central Files - w/attachments Fran McPherson, DWQ Budget Office - please waive applicable fees Wetlands and Stormwater Branch One 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 N or th C arol i na Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 Phone: 91M07-63001 FAX: 91"07-8494 ;VatU14 Intemet: www.ncwaterquakV.org lly An Equal Opporlunily %Affirmative Atlion Employer 4L rs � NCDENR NORM CGn — OEnv WT b. EwN mmEN mo N�Rrs PcEE Division of Water Quality 1 Surface Water Protection ,National Pollutant Discharge Elimination System RESCISSION REQUEST FORM FOR AGENCY USE ONLY Date Received Year Month Day Please fill out and return this form if you no longer need to maintain your NPDES. stormwater permit. 1) Enter the permit number to which this request applies: individual Permit (or) Certificate of Coverage N C 5 0 0 0 112 6 l N I C I G 2) Owner/Facility Information: " Final correspondence will be mailed to the address noted below Owner/Facility Name Hyosun8 USA, Inc.. Facility Contact Lil Jervey Street Address 890 Pineview Road _ City Asheboro County Randolph Telephone No. 336 495-2235 State NC ZIP Code 27203 E-mail Address Fax: 336 495-2235 3) Reason for rescission request (This is required information. Attach separate sheet if necessary): E Facility closed or is closing on C1 . All industrial activities have ceased such that no discharges of stormwater are contaminated by exposure to industrial activities or materials. ❑ Facility sold to �1 on . If the facility will continue operations under the new owner it may be more appropriate to request an ownership change to reissue to permit to the new owner. Z Other: The plant operations will stop on or before December 31, 2012. Decommission activities should continue for a short period after that date. 4) Certification: I, as an authorized representative, hereby request rescission of coverage under the NPDES Stormwater Permit for the subject facility. I am familiar with the information contained in this request and to the best of my knowledge and belief such information is true, complete and accura e. Signature Date iV 1�2 Z 11.E (5l/4&,T � S51 7,-,2 x) ,r GN c5 Print or type name of person signing above Title 61 Please return this completed rescission request form to: 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N, Salisbury St, Ralegh, North Carolina 27604 Phone: 9IM07-63001 FAX: 919.807-64921 Customer Service: 1-877-623-6748 Internet: www,newaterquality.org An Equal Opportunity 1 A11'irmatve Action Emooyor SW NPDES Permit Coverage Rescission Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 1 \ VI LI IL.CLI VIIIICA naturally Devane, Boyd From: Bennett, Bradley Sent: Friday, January 04, '2013 2'.06 PM To: Devane, Boyd Subject: FW: Hyosung Rescussuib Request SW permit NCO00326 Categories: Blue Category Bradley Bennett Stormwater Permitting Unit Phone: (919) 807-6378 NC Division of Water Quality Fax: (919) 807-6494 1617 Mail Service Center I Email: bradley.bennett(@ncdenr.00v Raleigh, NC 27699-1617 1 Web: http:llportal.ncdenr.org/webtwg/ws/su Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Haislet, Gary mailto:Gar .Haislet us.h osun .com] Sent: Friday, January 04, 2013 1:50 PM To: Bennett, Bradley Cc: Gooding, Emmanuel Subject: Hyosung Rescussuib Request SW permit NC000326 On October 23 a Rescission request form for permit NCS000326 was submitted to the NCDENR Raleigh office pertaining to the closure of the Hyosung USA Inc plant site. All plant operations have stopped other than internal equipment removal and off site re -location which will continue up to March 31 2013. The plant contact information has changed which is the purpose of this e-mail. Please provide a status of this request to either of the following individuals for our follow-up. Emmanuel Gooding - Engineering Manager emmanuel-good inus. h osun .com 336-495-2231 Or Gary Haislet — Environmental Coordinator gars. haislet.(�b_us. hyosuna.com 336-495-2220 Gary Haislet Qual,Tech, env coord Leader Hyosung USA inc PH# 336-495-2220 Cell # 336-215-2771 E-Mail qar .haisletP_us.hyosung.com Hyosung USA, Inc. 890 Pineview Road Asheboro, NC 27203 October 23,2012 Division of Water Quality Attn: Surface Water Protection Section - NPDES 1617 Mail Service Center Raleigh, N.C. 27699-1617 RE: Rescission Request SW Permit NCO00326 Dear DENR Water Quality Division, Hyosung USA, Inc. has formally announced the closing of their wire plant in Asheboro, North Carolina. On or before December 31, 2012 all process operations will cease. Decommissioning of equipment will begin prior to that date and is expected to continue for a short time after. This letter is to request a full rescinding of our NPDES Permit # NCS000326. Our Rescission Request Form attached. Thank you for your time and effort and we look forward to hearing from your office concerning our request. If you should have any questions about this process please do not hesitate to contact me at 336-495-2235 any time. TM sin erely, Lil Jery Environmental Manager Hyosung USA, Inc. —Wire Plant 809 Pineview Road - Asheboro, NC 27203 Email: lil.sparks(a)-us.hyosung.com Phone 336-495-2235 Fax 336-495-2249 Certified Mail No. 7006 3450 0001 0005 6377 W.5. D N 0 V 12012 QENR-V ATER QUALITY POINT SOURCE BRANCH r� Montalvo, Sheri A From: Graznak, Jenny Sent: Thursday, February 14, 2013 3:21 PM To: Mcntalvo, Sheri A Cc: Basinger, Corey Subject: FW: Hyosung Rescission Request SW permit NCS000326 Hi Sheri, I had already sent an email to Boyd regarding this rescission back in January. See below. Let me know if you need further info. Thanks. Jenny Graznak NC DENR Winston-Salem Regional Office Division of Water Quality 585 Woughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4960 FAX: (336) 771-4630 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Graznak, Jenny Sent: Friday, January 11, 2013 11:17 AM To: Devane, Boyd Subject: RE: Hyosung Rescission Request SW permit NCS000326 Boyd, I visited Hyosung yesterday. I confirmed that manufacturing has ceased at this location. No issues were noted with respect to stormwater outfalls. WSRO recommends permit rescission. Please let me know if questions. Also, I met with Gary Haislet during my visit but he will be leaving as of today. He said continued correspondence should go to: Emmanuel Gooding - Engineering Manager emmanueLgooding@us.hyosung.com 336-49S-2231 Jenny Graznak NC DENR Winston-Salem Regional Office Division of Water Quality 585 Woughtown Street Winston-Salem,, NC 27107 Voice: (336) 771-4960 FAX: (336) 771-4630 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. From: Devane, Boyd Sent: Tuesday, January 08, 2013 2:46 PM To: Basinger, Corey Subject: FW: Hyosung Rescission Request SW permit NCO00326 Mr. Haislet (see below) sent a note saying that the contact for the Hyosung USA plant had changed. This rescission request was sent to your office in the packet I sent out on the 181". Do you know who will be investigating it? I could write him and tell him to expect to hear from that person. Boyd Devane NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 919-807-6373 Fax: (919) 807-6494 NEW Website: htt ortal_ncdenr.or web w ws su Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. From: Bennett, Bradley Sent: Friday, January 04, 2013 2:06 PM To: Devane, Boyd Subject: FW: Hyosung Rescussuib Request SW permit NCO00326 Bradley Bennett Stormwater Permitting Unit Phone: (919) 807-6378 NC Division of Water Quality Fax: (919) 807-6494 1617 Mail Service Center Email: brad ley. bennetta.nodenr.gov_ Raleigh, NC 27699-1617 Web; http;Nportal.ncdenr.orglweb/wq/ws/su Email correspondence to and from this address tray be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Haislet, Gary [maiIto: Gary. Haislet�?us.hyosung.com] Sent: Friday, January 04, 2013 1:50 PM To: Bennett, Bradley Cc: Gooding, Emmanuel Subject: Hyosung Rescussuib Request SW permit NCO00326 On October 23 a Rescission request form for permit NCS000326 was submitted to the NCDENR Raleigh office pertaining to the closure of the Hyosung USA Inc plant site. All plant operations have stopped other than internal equipment removal and off site re -location which will continue up to March 31 2013. The plant contact information has changed which is the purpose of this e-mail. Please provide a status of this request to either of the following individuals for our follow-up. Montalvo, Sheri A From:" Devane, Boyd Sent: Monday, ,January 28, 2013 11:42 AM To: Mcntalvo, Sheri A Subject: FW: NCG050386 - Rescission Request I received a note from Kevin Barnett of the -Asheville R.Q. saying that it was ok to rescind this permit. I don't think I have done anything about it. Please put it on the list of permits that need letter prepared. thanks FW: NCG050386 - Rescission Request Boyd DeVane NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 919-807-6373 Fax: (919) 807-6494 NEW Website: http://portal.ncden_r._org/web/wq/ws/su Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. From: Barnett, Kevin Sent: Thursday, January 17, 2013 9:15 AM To: Devane, Boyd Cc: Wilson, Susan A Subject: NCG050386 - Rescission Request Performed a site visit on Tuesday. Facility is gone. No SW permit needed at this location. Please rescind. Thanks, kevin Kevin Barnett - Kevin.Barnett@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 25; 200 Mr. Jason Maurer Goodyear Tire & Rubber Company — Ashb. 890 Pineview Rd 'Asheboro, North Carolina 27203 Subject: Dear Mr. Maurer: Coleen H. Sullins, Director Division of Water Quality Draft NPDES Stormwater Permit Permit No. NCS000326 Goodyear Tire & Rubber Company — Ashb. Randolph County Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: 1. Analytical monitoring parameters have been added to this permit. 2. pH has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part 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 — month ly'monitoring-for -all-parameters-afievery-outfaI1-where-a-sampling•result-exceeded-the-benchmark— value for two consecutive samples.' 5. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) Nonr`thCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet: h2o.enr.statem.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 807-6494 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer —100% Recycled150%, Post Consumer Paper Mr. f ion Mhurer Goodyear Tire & Rubber Company — Ashb. Permit No. NCS000326 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the __.__...._ permitted timeframe then the requirements shall apply_ Other ermit chan es: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if i(has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2:.,; Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. 4 More details regarding secondary containment are provided: 3. Additional requirements.for the Stormwater Pollution Prevention Plan have been specified in Part Il Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6365 or cory.larsen©ncmail.net cc: Winston Salem Regional Office, Mike Mickey SPU Files End Sincerely, jCrsen Environmental Engineer Stormwater Permitting Till 2 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 JLIIV 5, 2000 GRANT W'OOD GOODYEAR ASHE-13ORO WIRE PLANT 890 PINEVIEW RD ASHEBORO . NC 2720= 1 � • NCDENR NORTH CAROL-INA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Rene�vai Goodyear Asheboro wire Plant Permit Number NCS000326 Randolph County Dear Permittce: Your' facili(V is currently covered for stornmvater discharue under NPDES Permit NCS000326. This permit expires On January 11. 2001. In order to assure your continued co.'era,e url&l' your permit. VOLT must apply to the Division of Water- Quality (D« Q) for renewal oFyour permit. To make this rene%%a] process easier. tye are intormin, yOn in advance that your perm[ will be expiring. Enclosed you %%[]I iinL] an indiv ideal permit renc%�al application form. sttppiemental information request. and S[OM1%Vater Puliutiotr Prevention Plan certification. Filinu the application form alonr, with the requested supplirnental information will constinite your application for rene" al of your pertnit. The application form must be completed and returned alone with all requested information by Au,ust 21. 2000 in order to constintte a timely renewal tilimt. Recent leLislation modified the fee Structure For D%VQ permits. Rene% ai fees have been eliminated and annual fees have been changed. The necy annual fee for your pet -nut is now 5715.00 (ynu will be invoiced later this year Im' your annual tee.) A copy of the new fee schedule is enclosed in this packa _'e. Failure to rec;uest renc%val by Au�sust 21. 2000 may result in a civil assessment of at least .S250.00. Larger penalties may be assessed dependinu, on the delinquency of the request. DischarLe ul ;torm��a[er from your facility \\ithout covera�,e under a valid swniwater NPDES permit would cons6ime a violation of \CGS 14 -215,1 and could result in assessments of civil penalties of up to S 10,000 per da}'. If you have oily questiolts regarding the permit renewal procedures please contact 13111 Milk of the Storntua[cr and Gcncral Permits Unit at (919) 7 '_,3-50S 3, ext. 548. Sincerely. Bradley Bennett, Supervisor Stornmvater and Cicneral Permits Unit cc'. Celttral Files 5t�af ~m�ti.:I lcr_and:(:��iti:rahE?crml Is-l-i nit-F,i Ica° 1't'inston-Salem Re,ional Otlicc I (i 17 Ni; ril SerO.0 Cecte�r, P. �,Ioigh, North C;irohwi 27609- 1617 Telephone, 9 1 f)-733-508 3 Fax 919-73 3-99 19 An Etµrti Opportunity Afiirrmitive Action Employer 50 ) rec"/d,a11 lt)"<, past -consumer paper w-s State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director December 29. 1996 ,lay HCIICy Goodycar Asheboro Wire Plint 890 f'irleview Rd. Randloimin, NC 27317 Subject: Permit No. NCS000326 Goodyear Asheboro Wire Plant Randolph County Dear Mr. Hcncy: In accord'.uiCe with your application for a stormwater discharge permit rl.••ce.ivcd on .tune 13, 1995, we are Corwarding hurckvith the subject state - \PDE?S permit. This permit. is issued pursuant to 111e requirements of North Carolina General Statute 143-215 .l and the Memorandum of Agreement between North Carolina and the US Environnicntal Protection agency dated December 6. 1983. If arty parts, ineasurenient frequencies or sampling requirements contained in this permit are unacce,purhle to you, you have the right to an adjudicawry hearing upon written rcgrrest Within thirty (30) days following receipt of this letter. This request T-nust be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with J.,e Office of Adt-tinistl-ati-re I-learings, Post Office Drawer 27447, Raleigh, North Carolina 2761 1 -7447. Unless such clenrand is rnl ide, this decision shall he final and bindirl�(. Please take notice this permil is not transferable. Part 11, 13.2. addresscs the requir'cments to be followed in c;ise of change in ownership or control of this discharge. This permit does not alTect the. legal ruquirenienis to obtain other permits which may be required by the Division of 113-n ironnicntal Management or perr,its rCquircu lby Llll Dli ;ISIoi-i ✓f lCl::. ... . 1)Crllnt that Ilii.1V be Ii Clllrred. Ifs you have any questions concerning this permit, please contact Bill Mills at telephone mjinbcr 9 19/733-5083. Sincere]}', ��MnSIGNED $Y 6i 4' .EY BENNETT A. Preston Howard, Jr. P. E, cc: Mr. Roger O. Pfaff, EPA Winston Salcin Re-Ional Office P.0, Box 29535, Raleigh, Norlh Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Aclion Employer 50% recycledl 10% post-consurier paper Permit No. NCS000326 S'FA'1'Is OF NORTH CAR01_1NA I]EPARTMf-:7NT OF 13NVIROMMEM', 1-1E;AL1'1-I, AND NA'I-URAL RESOURCES ]DIVISION OF LNVIRON MEN'I'AL_ MANACiEMEN'I' PERtN11T 1'0 ]DISCHARGE S-1'0I::\/IWATER UNDER "fH1 NA110NA3, 1'O1,f,U'f:�N'I' DISCHARCE E1,1MINA'HON SYS'H'-1Nf In compli'lllce with the provisions of" Nor111 Carolilm Cicllcral Statute 143-217,1, other i;lwful st;indards clllcl CU�Ul.rt1 . ; proli11,1i1'ated and adgxcd by tic .Nmill Cirolin a ]- nvirolimcll(al 1M;1I)m uIllont conim1ss1011, and the federal \Water Pollution Control Act, uS arllcndc(l, Goodycar'I'ire and Rubbcr Company is hereby authorized to discharge stornlwater from a 1-,rcility located at Goodycu Ashchoro Wire Plant 890 Pineview Road Randleman Randolph Coutlt%' to receiving waters designated as Back Creek, a class WS-11 stream, in the Yadkin - Pei; i)ee tZiver Basin in accordance with the discharge limitations, 1110111torino recluircmellts, and other conditions sel i'ot'th in Parts 1, 11, IJ [, anti W hereof'. 'This Permit shall become et'Iecfivc February 1, 1996. This permit and the: authori'rat.ion to discharge Shall eXpire at midnight oil January 31, 2001. Si�-,ncd this day December 21.). 1995 ORIGINAL SIGNET} BY BRADLEY BENNI=TT A. Preston Howard, Jr., P.E., Director Division oI I::nvironmental Management By the Authority ofthe I-rivirolimetltal Management Commi55lon Permit No. NCS000326 PI- RMITTf D ACTIVITIES Until this permit expires or is modified or revoked, the permi ee is authorized to discharge stormwatcr to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance �xith thy; terms and conditions of this Permit. All discharges shall he in accordtince with the attached schedules as follows: Part 1: Monitoring. Controls, and Limitations for Permitted Discharges Part I1: Standard Conditions for NPDES Stcrinwater Permits Fart III: Limitations Reopctzer Part IV: :\dminkturing and Comldhnce hdotiitcwWg Fee R4ciriircnwnts Any other point source discITtrgc to surface wLlter:s of t.hc state is prohibited unless covcrcd by another permit, authorization or approval. This permit does not relieve the pennittee from responsibility for compliance with Lucy other applicable federal, state, or had law, rule, standard. ordinance, order, judgement, or decree. Page. V: i-rf �� (• r- CT t✓- /�,� ' . ( t r, ( "I,,._ ie �;lfi. _ _'1..` _._T'+y • � �J t� s'�+` �. r•r ii T; �,'�1 ,J/" I: �• ✓` /,� ti� f.. '\- 'Iti l s: ; '' `t Ir4S I � ��t^, �''' _ %lgl6 (\ �? --•�1J � r'' 1. `- h.''•' �/ �' c`r� ,'r(i I',' . `• .., � �'� . } J1� 1� :. - ,p,� ' t. r; �.l'.. I�' ,I� ✓,li�\, } �+ 1'•-• ��` �' ``.,'' S.. C'V._J'• ;fl�i; Ifi r }!; 'y!- r. 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'�� � l"-i'°:r�'>;'"-.ntt.� ,� �. •!1•.: .�`ii�.1,\\�.MIT)d�\_.� Permit No. NCS000326 PART I MONITORING, CON'I'I20I.,S, AND I-.ItbII'I'A'1'IONS FOR PERMITTED DISCHARGES SECTION A: I-'INAI_, I_.IMITATIONS AND CONTIZOLS FOR STMi%,IWf' TE,'IZ DISCHAIZGFsS During the period beginning of) the effective date of the permit and lilstiill until CXpirution. the Per'mitt,2e is authorized to di,schar'-'e with ill(lll.stri:ll ilctivity. Such discllarti es snail he wiltr lllcd, linlited and nlonitorcd as I)ccificd below. I. SlorrllW,Lter Pollution PWV41100I1 PkIll The Permitice shall develop a StorillwaIGY Pollution PI'eVentiorl Plan, herein after rel'err'ed to as the Plain. This Tian shall he considered public information in accordance with 11,urt 11, Standard Condit'] oils, Swiorl of this perrillt. The flan shall 111clLlde, at. a minl11111111, the following items: a. 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: (1) A general location neap (USGS quadrangle neap or appropriately drafted equivalent neap), showing the facility's location in relation to transportation routes and surface waters, the namic of the receiving water(s) to which the stormwater outfall(s) discharges, or it rile 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. (2) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, ilnd waste disposal practices. (i) A site map drawn to scale with the distance legend indicating location of jildilstrial 1. activities (111cluding Storage ol� materlals, disposirl areas, process L reas anti Ioaurllg :4t �tiiu)a��irig iir[:il,,,l, ilI'ilnic��.�i: StrLi::.tr.iiC:S{�iaiiiiii lr i,re,„s activities occurring in the drainage area, building locations -Lind impe:rvions surfaces, and the percentage of each drainage area that is impervious. Tor each outf-111, Lt nan ative description of the potential pollutants Which could be expected to be present in the stornlwater discharge. (4) 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 rrlitigate spin impacts. (5) Certif icailoft thilt the stnrnlwater out.falls have been evaluated for the presence of non-storrnwatcr discllarles. 'rhe certification statclllclit will be signed in accordance with the requirements found in Part II, Standard Conditions, Scct.ion B.9. Page 4 Perinit No. NCS000326 b. Stormwater Management Plan. The sum-mwater management plan] Shall contain it narrative description of the materials managernent practices employed which control or minimize the exposure of'slbnlftcarlt nhateilals to stormwater, including StrUCtliral and rtOmStrUC[Ural rneaSUres. The stormwater manaocinent plan, at a rhlinlmUrll, Shall incorporate the following: (1) A study addressing the technical and economic feasibility of changing- the methods of operations anchor storage practices to elirninatc or reduce caposure of materials and processes to stormwater. Wherever practicable file permitter; shall cover Of storage areas, material handling operations, rinnufacturing or fuchng operations to prevent alalclialS cxposure to stc�rrn��ater. In areas �vherc elimin..stiorZ rrl�cxposure� is not practicable, dw stor nwmcr marnTarient plan shall document the feasibility of diverting ]he storrnw;.aler runoff away from omw of potential commnOmdon. (2) A schedule to pmvidc secondary comainment for bulk storagu of liquid materials, storage of Section 313 of Thle 111 of the: Superi'und Amcndmunts and Reauthorization Act (SARA) water priority chemicals, or strlrage of hazardous materials U) prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater Conveyance syslems, the connection shall be controlled by manually activated wilves or other similar devices [which shall be secured %with a locking- rnechanisrn] and any sMnnwakr that accumulates In the containmem area shall be sit a mrlununn visually observed for color, foam, and visible sheens, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation, the description of the aCCLrnlulatCd storinwnter.uid the date and time, of the release Shall be kept fora period of' five years. (3) A narrative description shall be provi&t,1 of Best Management Practices (13MPs) to be considered such as, but not limited to, oil and grease separation, debris control, vcgelativc filter strips, infiltration and stormwater detention or retention, wltere necessary. The need for structural-BMl7s shall be based on the assessment of potential of sources to contribute significant quantities of' pollutants to stormwater discharges .tnd data collected through monitoring of' storrltwater discharges. (4) fnspeclion schedules offstormwaterconveyances and controls and measures to be taken to thrill or prevwa erosion associated with the sior•rnwaicr systems. C. `pill f)r{.uukun and ilespome Plan. The Spill Prevelttion and Response r!Hn ON! incorporate a risk assessment of potential pollutant sources based on .t materials inventory Of the facility. facility personnel (or team) responsible for implementing the plan shall be identified in the plan. A resporlAk person shall be on -site at all limes during- facility opwasms that have the; potential to contamihlate stormwater runoff through spills or cxpo;ure of materials associated with [lie facility operations. d. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document Schedules Of inspections ancf maintenance activities of stormwater control systems, plant. egLliprnerlt and SySterns. Inspection of material handling areas and regular cleaning SCIIC(MCS of these areas Shall be incorporat,d into the program. C. Employee Training. Training Schedules shall be developed and training provided at a rninimurn on an .annual basis on proper spill reSpouse and cleamrp procedures and preventative maintenance activities for all personnel involved in any of the facility's Page 5 11crinit No. NCS000326 operations that have the potcrrtial to conLuninate sMnnwaWr runoff. Facility parson wl (or learn) responsible Rw implenwAng the U'aining shall be identified in the flan. Responsible Party, The StonnwMer Pollution Prevention Plan shAl identi}y a specific position(s) responAble for le overall coordination, development, irnplmnent,ak , and revision to the Plan. Responsibilities for,rll components of the Plan shall bu documentccl ,and position(s) assignments provided. Plan Ainmurdnient. `[,he permittcc shill amend the flan whenever ihcre is a change in ilesign, constructiOn, operation, or maintcriance which has a significant effect otr the potential for the discharge of pollrttants to surface waters. The; Stornrwatcr Pollutiull Prevention Plan shall he reviewed and updated on an aunnal hasis. The Director may, notify the hcrr3iiti�!e when tliu Pl;tn does notnice[ onu or mole of the mininrt.rrn requircn}eats Ord W Permit, \VAhtn 30 days of such notice, the permittc�e shall suRnit a time SChcdulc to the Director for nuadifying the Plan to rzrect nrininuun requirurnents. '["he I)ernrittee shall provide certification in writing (in accordance Willi Part If, Standard ConditiClirs, Section 11, Q to the Ddector that the chances have been made. 11. Facility Inspections. Inspections of -tie faciiity and all smniiwatur systems shall occur at a tniniir-lux" on a semiannual schedule, once in the fall (September -November) and once curing the spring (Aprii - Junc). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, indiviciva](s) malting the inspection and a narrative description of the facility's storrnwater control systems, plant equipment and systems. Records of -these inspections shall be incorporated into the Stormwater Pollution Prevention Nan. Visual monitoring as required in I.A.2.g.(3) shall be performed in addition to facility inspections. Implementation. Implementation of the plan shall include documentation of all monitoring, measurcnIunts, inspections avid maintewinee activities and training provided to employees, including the log of the sampling data and of activities tal`en to implement BMP5 associated with the industrial activities, inclndtng vehicle minllmmce aah,ities. Such documentation shall be kept on -site for a period of Flee years and made available to the Director or his authorized representative immediately upon request. Page 6 Permit No. NCS000326 2, Minimum Monilclring and Rcportin� Rcglliremcnts Minimum monitoring aril reporting requirerrlcrltS are as follows unless olhul-wise approved in writing by the Director of rile Division of Environmental Management, If a facility hits multiple discharge locations with subs Ian tialIy identical ston-nwater discharges that are required to be s'',tnlpled, the pemlittee may petition the Director for representative outfall status, III jt is estabikhed that the stormwater discharges are substantially identical and the perthuce is grwacd representative ntltfa11 Status. t.IICTI SM11111lrlg r'CCl1-61-:111CTVS may be 11C601-111CCI at a RL(IUCCd Ilrt11111er O OWILLlls. Visual monitoring for colrlr, odor. solids, fotuw outfall staining. visible: sheens and cky wenthcr flow shall he hcrforined w all stin vwltta 0 wh uge ouOdl h alion5 All visual lnorlitorins, shall he dOCtlrneind and records nukutined with the St{lr'nlwNwr Wahl) Prevention €'€an. The initial visual monitoring event shall be perlt�r€bled SitllultancouSly with the fil-st analytical mclnitoring event rrrld doctimcntation o1" only this initial visual monitoring event shall be submined along with the required analytical mmlim rng submittal. For purposes of the storulw€1t.er siunphng required in this permit, all s:.unpies shall be collected from a discharge resulting frorn a representative storm event (See Part 11, Standard Conditions, Section A), failure to 1no11401- Slol-rll evcntS in accordance with the: specified f-rCquency shall constitute a violation of tins permit. If file stormwater runoff is controlled by a detention pond, the following sampling requirements, shall apply:. (1) if the detention pond detains the runoff generated by one inch of rainfall for 24 hour's, visual observations for color, foam, outfall Staining, visible sheens, and dry weather flow are required, but analytical sampling shall not be required. (2) If the detention pond discharges only in response to a storm event exceeding .t 25- year. 24-hour storm (See Part 11, Standard Conditions, Section A). the; pond shall be considered a non-dkchw1bg stormwater control system and not Subject to NPDES requirements, unless the discharge causes a violation of water qualit), standards. Samples analyzed in accordance with the terms of this permit shall be subtlutted on forms provided by the Director no later than January 31 for the previous year in which sampling was r4,,jtlirCd to be pCrfornled. C. Analyt,ic.'d ri suli.s hy"n stImpling Wig We rinai year of rile pumAt terrn Si1:ill he sulm tl si with the permit renewal application. This permit regulates stortnwatcr discharges. Non-stormwater discharC7es which shall be allowed in the stormwatcr cbnvcyance system are: (1) All other discharges that are arlthoI ized by a nonotorrllwa cr NPDES pemit, (2) Unconlaminaled groundmmeq foundation drains, air -conditioner coildensite Without added chemicals, springs, discharges of uncontaminated potable water, waterline t. nd fire hydrarll fkahtngs, water num footing drains, flows from r€p dan habitats and wetlands, (3) Discharges resulting from fire -lighting. Page 7 Permit No. NCS000326 If the storm event monitored and reported in accordance with ON permit coincides with a non-storntwater discharge. the; permittee shall separately monitor and report all parameters :as required under the non-smrmwawr dischwle pentht and provide this information with Me stormwamr discharge monitoring report. g. Specific Stonilwater Monitoring Requirements The specific stormw iter motitoring rcquireinents includes both analytical and visual rrroniloring off storrnw,.ater samples. Specific monitoring requirements :are defined below. ( I ) Analytical Monitoring? Stormwater Discharge Characteristic~ Units i��fe:asurenicnt I%Wencvl Saint j gc2 Sawplc WOW Oil Oil and Grease rnt&l Annually Graf) SDO ,H Standard Annually Grab SDO 'total Rainf:W4 inches Event 1)uration4 minutes Total Fl()w4 MG SDO Footnotes: 1 Measurement Fregraency: Once per yew-. 2 Sample Type: Defined in Part 11, Standard Conditions, Section A. 3 Sample Location: Samples to he taken w each storm,,vater discharge owUl (SDO) unless representative owfall status has been granter. 4 1-.,or each sampled represent,:live storm event the total precipitation, storm duration, and tow[ flow artist be monitored. Total flow shaft be either; (a) measured continuously, (b) calculated based on the amount of rrr't:a draining to the owfalf, the �mionnl. ni' huilt-upon (inrh(,,rviO ii,;) :ire;i: and tIU\:' a! 20 nAnum ..:tennis du6ng the rAnAM even. (2) Cut-off- COneCntratioll5 The arithmetic mean of all analytical sampling results collected during the terra of -the permit shall be calculated for each parameter and compared to the cut-off concentrations listed below. If the: arithmetic mean n-tects the specified cut-off conct;ntration condition for a 4�ivtn paranictei-, then the facility is not required 1.0 continue atrnual analytical monitoring, for that p�u�u1ietcr during the tern of the permit unless a significant change in facility operations or configuration occurs. Ifa cut-off concentration resultS in discontinued analytical monitoring, the permittee is required to intintairl facility operations that ensure the continuation O1`storniwater runoff qual ity. The permittec must perform analytical sampling during the first and list year of the 1)cr-mit term regardless of cut-off concentration conditions. Analytical results from sampling during the final yem of the permit term must be subinitled with the pernlit renewal application. Page 8 Permit No. NCS000326 Stormwater Di charge Chase cristics Cut-ot'f' Conccnmgion Oil and Grease <30 iii-M & within range oF&0 to 9.0 Footnotes: I pH cannot be averiged clue to the nature of Um loga%niic pH scale. The most recent pH Scruple result Shall he used f`or cutwiTconccnantion purposes. (3) Visual ,,Adoniloring Visual inku itorin`7 requires a cluWit Ave visual inspection of each Sic: nnwater Wallah, rcDu-dQss of representativc outl,ill s atuS, for the purpose of cvLiluating the elTwivenoss of the Stormwater Pollution i:'revention Ilan (SPPP) and assessing new Sources of storinwaler pollution. No analytiCal teSls are recluire.d. Visual monitoring 01 storrnwatcr OLrtlallS dOCS n-LA need to be pei'iornied during a rcl)resentalive storm event. Stormwater Dischiu'de Characteristics Freci uciicv I Monitodog T Le2 Monitodrg Vocation3 Cdor Semi -Annual VlSnal SDO Odor Semi -Annual Visual SDO CNHty Semi -Annual Visual SDO Floating Solids SernkAnnutil Visual SDO Sus )ended Solids Senni-Annual VlSual SDO Foam Semi -Annual Visual SDO Oil Sheen Semi -Annual Visual SDO Other obvious indicators of storinwater pollution Semi -Annual Visual SDO i��cacatnt�le�: Frequency: The first visual monitoring, event during, the terns of the permit must be performed during tlic initial aT-,: f:'i caI monitoring {;vent, All SUbSCCjUCiIL ViSu 11 monitoring will be performed twice per year, once in the spring and once in the fall. 2 Monitoring Type: Visual monitoring requires a qualitative visual observati()n of each stoririwater outfall. No analytical testing or sampling is required. 3 Sample Vocation: Stormwater Discharge OutCall (SDO) Page Permit No. NCS000326 SECTION 13 SCHEDUI- 0 CO1vIPI-IAN—E The pernhuce shall comply with Final Limitations and Controls specified for tits}rnlwater- disKuSes in accordance %vith the following schedule; The; Stormwater P011utM Prevention Plan AT be developed and implemented Whin 12 months of the effective dime of this permit and updated thereal'ter' on an annual basis. Secondary containment, as speci Ned in Part 1, Section A, 1. h. 2. of [iris peritk shall he acconrl Whed within 12 months of the ef'l'ective date of this permit. 2. Pe rnhuce shall at all times provide HW cihcrrr6011 ,M)d maintcnancc necessary 10 oper,rte Ole permitted stcn'rnwatcr-0011t ols at op(iir)um efhCicnc}'. R ge. 10 Individual Stormwater Page A 1 PART ti STANDARD CONDITIONS FOR NPDES STORMWArI'ER PERMITS SECTION A: DEFINITIONS l . Act or "the Act" or CWA The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. setl. 2, Best Mana{ s nlent Practices {i3MI's Schedules of activities, prohibitions of practices, maintenance procedures, and other mana�(Temeut pracliccS to prevent or reduce the pollution of waters of the United States. BM1's also include treatment requirements, operation procedures, and practices to control plant site runoff. spillage or' leaks, sludge or watts disposal, or drainage fro►n raw 111,11crial storage. 3. - Calculation of Means Means shall be calculated according to the following definitions: a. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purpo�c, ; of calculating the geometric mean, values of zero (0) shall be considered to be one (1). C. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation ofthe respective flows. 4. 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 having a total storage capacity of greater than 1,320 gallons, 5. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, an)° consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 6. Coal Pile Runoff The rainfall runoff from or through any coal storage pile. Individual Stormwater Page A2 DEM or Division The Division of Environmental Managemca. Department ol' Environment, Health and Natural Resources. 8, Director The Director of the Division of Environmental Management, the permit issuing authority. 9. EMC The North Carolina Environmental Management Commission. 10 1-lazardous Substance Any substance designated under 40 CFR Part l l G pursuant to Section 31 1 of the Clean Water Act. 11, 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. 12. Large or Medium Municipal Separate Storm Sewer System All municipal separate storm sewers that are either:. a. Located in an incorporated place with a population of 100,000 or more as determined by the Decennial Census by the Bureau ol� Census; or b. Located in the counties with unincorporated urbanized populations of 100,000 or more, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or C. Owned or operated by a municipality athcr than those described in paragraph (a) or (b) and that are designated by the Director as part of the large or medium separate storm sewer system. 13. 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. 14. Permittee The owner or operator issued a permit. 15. Point Source Discharge Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, Individual Storrnwater page A3 ,. container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. 16. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours during which no storm event measuring greater than 0.1 inches has occured. A single storm event may contain intervals of up to 1.0 consecutive hours of no precipitation. For example, if it rains for 2 houi:s 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. 17. Runoff Coefficient The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other' surface upon which it falls that will appear at the conveyance as runoff. 18. 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. 19. Section 313 Water Priority Chemical A chemical or chemical category which: 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 I11, 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 I I (organic priority pollutants), Table Ill (certain metals, cyanides, and phenols) or Table IV (cettaun toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the CW'A at 40 CFR 1 16.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 20. 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 Individual Stortnwater Page A4 products such as ashes, slag and sludge that have the potential to be released with stormwater discharges.:, . 21. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 31 1 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 1 17.21) or section 102 of CFRCLA (Ref: 40 CFR 302.4), 22. Stornwater Runoff The flow ofwater which results froth precipitation and which Occurs immcclialely following rainfall or as a result of snowmelt. 23. Stortnwater Associated with Industrial Activity The discharge from any point source which is used for collecting and-c0r1vcying stormwater and which is directly related to manufacturing. processing Or raw 14-1ateria] storage areas at an industrial site. facilities considered to be engaging in "indLIStrtal aCttvlttes" include the activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDLS program. 24. Ten Year Design Storm The precipitation event of a duration which will produce the maximum peals rate of runoff for the watershed of interest resulting from a rainfall event of an intensity expected to be equaled or exceeded, on the average, once in ten years. 25. Total Flow The flow corresponding to the time period over which the sample collection occurs. The total flow calculated based on the We of the area draining to the outfall, the amount of the built -upon (impervious) surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period. 26. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 27. Types of Samples a. Grab samples are individual samples collected instantaneously. Grab samples that will be directly analyzed or visually monitored must be taken 'within the first 30 minutes of discharge. Grab samples for compositing purposes must be collected at no greater than 20 minute intervals. b . Composite Sample: a composite sample shall mcan: (1) A flaw -weighted composite sample, which is a mixture of aliquots collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of the discharge at the tirne the sample is collected; or Individual Stormwater Page A5 (2) A time -weighted composite sample, which is a mixture of equal volume aliquots collected at a constant interval of time. A composite sample can be obtained from the collection of a series of grab samples, taken at intervals of no greater than 20 minutes for the entire storm event or the first three hours of the storm event. The grab sample; to be composited must be of rio less than 100 milliliters. 2 8. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling", lubrication. vehicle cleaning operations, or airport deicing operations. 29. Visible Sechnierliation 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. 30. Waste. Piie Any non -containerized accumulation of'solid, non-tlowing waste that is used for treatment or storage. 31. 25- ear. 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Individual Scormwater Page A6 SECTION B: GENERAL CONDITIONS 1. Duty to Coj ly The permittee must comply with ali conditions of this 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 rene%val application. The permittee shall comply with effluent 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 mod iIled 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 S25,000 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 the►r► l year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to S50,000yper day of violation, or imprisonment for not more than 3 years, or both. Also, anv person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the mwcimum 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] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 30S, 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. 2. Duty to MWg The permittee shail take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adverseiy affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part 1I, C.3.), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 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. Individual Stormwater Page A7 4. Oil and:l-Lizardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 31 1 of the Federal Act, 33 USC 1321, Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property RjgLits 'File issuance of this permit does not convey any property rights in either real or personal property, or any exclUsivc privileges, nor does it authorize any injury to private property or any inv"rsion of personal rights, nor any infr'rn(Tenicilt of Federal, State or local laws or regulations. 6, Severahility The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances,'is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 7. 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 exis''s for modifying, revoking and reissuing, or terminating this permit or to detennirie compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this permit. Expiration of� 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 such information, 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. SiQnatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. All applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a Individual Stormwater Page A8 principal business function, or any other person who performs similar policy or.declslon 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 permit and other information requested by the Directi�r shall be signed by a person described above or by a duly authorized representative of that person. A person is ,t duly authorized representative only if: ..T (1) The authorization is nlacic 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 f�icility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may talus be either a narned 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 rny. 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." 10. Permit Modification Revocation and Reissuance or Termination The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or, terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of' Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Individual Stormwater Page A9 11. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper- Operation and Maintenance 4 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 perrllittee to achieve compliance with the conditions of this permit. Proper operation and rnaintcnance also includes adequate laboratory controls and appropriate quality assurance procedures. ']'his provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by it permittee: only when the operation is necessary to achieve compliance with the conditions of the 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 permit. Bypassing of Stormwater Control Facilities a. Definitions (1) "Bypass" means the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "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. b. Bypass Not Exceeding Limitations. The permittee may allow any bypass to occur which does not cause limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of- Paragraphs c. and d. of this section. C. Notice (1) 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. Individual Stormwater Page A 10 (2) Unanticipated bypass. The permittee shall submit notice within 24 hours of an unanticipated bypass as, required in Part II, E. 5. of this permit. (24- houi notice). d . Prohibition of Bypass Bypass is prohibited and the Director may take enforcement action against a permittce for bypass, unless: ( I } Bypass was unavoidable to prevent loss of life, personal injury or severe property darnaye; (2) There were no feasible alternatives to the bypass, such as the use of auxilial-y control faCilitiCs, retention of Stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adCcluate 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 (3) The permittee submitted notices as required under Paragraph c. of this section. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in Paragraph d. of this section. 4. Upsets a. Definition "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. b . Effect of' an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of -paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions Necessary for it Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating lobs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; Individual Stormwater Page A I (2) The permitted facility was at the time being properly operated; and . (3) The permittee submittdd notice of the upset as required in Part 11, F. 5. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part 1I, A. 2. of this permit. Burden of Proof In any enforcement proceeding the permittee seeking to establish the occun-ence of' an upset has the burden of proof. 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, Samples sha.11 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 shall not be changed without notification to and approval of the Director. 2. Reporting Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to,NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved Individual Stormwater Page A 12 methods are determined capable of achieving minimum detection and reporting levels below general permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tam erinu The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method rcquired to be maintained under this permit shall, upon conviction, be punished by a 1-111c of not more than S10.000 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 S20,000 per day of violation, or by irnpr-isomncnt ol' not more than 4 years, or both. G. Records Retention 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, copies of all reports required by this 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. Recording Results For each measurement, sample, inspection or maintenance activity performed or taken pursuant to the requirements of this 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 perfur[ned; d . The individual(s) who perfornx,d the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. 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; Individual Stormwater Page A13 a. Enter upon the perrnittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the pin'poses of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: UPORTING RF U1RNMEiNTS Planned Chanucs The permittee shall give notice to the Director its soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent'mitations in the permit, nor to notification requirements under 40 CiZ Part 122.42 (a).(1). 2. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with the permit requirements. 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 CIean Water Act. 4. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. 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 Individual Stormwater Page A 14 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 it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragralh: (1) Any unanticipated bypass which exceeds any effluent limitation in the permi t. (2) Any upset which exceeds any effluent lirtllt MOIL in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 6. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 4..ind 5. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 5. of this permit. 7, 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 permit or in any report to the Director, it shall promptly submit such facts or information. 8. 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 13 18, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent 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. 9. penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, rtl)resentation, orcertification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. Individual Stormwater Fage A 15 PART III LIMITATIONS REOPENER This 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 duality standard so issued or approved: a, contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or b. controis any pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART IV 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 permit.