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HomeMy WebLinkAboutAllen Steam Facility - Duke Energy (13)&41- FqCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary Facility Name NPDES Permit Number Facility Location Type of Activity SIC Code (if applicable) Receiving Streams River Basin Stream Classification Proposed Permit Requirements Monitoring Data STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Duke Energy Carolinas, LLC - Allen Steam Station ,NCS000546 253 Plant Allen Road, Belmont, NC (Gaston County,) Steam Electric Generation 4911 See Figure 1 Catawba River Basin, Sub -basin 03-08-37 WS -V, B See attached draft permit See Table 1 Response Requested by (Date) June 8, 2011 Central Office Staff Contact: Return to: E Special Issues: 807-6372 Issue Rating Scale:l(easy) to Compliance history 5 Benchmark exceedance 15 Location (TMDL, T&E 3, species, etc)' Other Challenges 8 O Power Plant - New'SW Permit Difficulty Rating: 21/40 Special Issues Explanation • Previously this facility only had an NPDES WW permit for its discharges (NC0004979) Description of Onsite Activities: Allen Steam Station is a coal-fired electric generation plant with five active generation units (net generating capacity of 1,155 NW) The site began power production in 1957 The station includes a Flue Gas Desulfurization (FGD) facility, a dry ash handling facility, an active,ash settling basin, ash landfill and structural fills, a limestone unloading,and stockpile operation, gypsum stacker and storage operation, a wastewater treatment plant, electrical switchyards, transformer, yard, and coal Page 1 of 10 NCS00054'6 handling operation and storage yard Coal and limestone are shipped to the -site via rail,lines- , Documents Reviewed: • NPDES Stormwater Permit Application Materials (EPA Forms 1 & 2F) • National Heritage Program (NHP) Threatened and Endangered Species Database • SPU and NPDES Wastewater Permit Files • Central Files • 303(d) List (2010 Assessment) • 2010 Catawba Basmwide Plan History: Until now, the facility has only had a wastewater permit and sampled some,stormwater outfalls as part of the NPDES WW renewal application In 2010, Mooresville Regional Office staff inspected two Duke Energy facilities and noted that this site needed a stormwater permit (see NPDES NC0004979 file) The Division prefers to issue a separate NPDES SW permit rather than combine wastewater and stormwater requirements under one permit The attached permit was drafted to reflect the permitting strategy for all coal-fired power plants set by the Stormwater Permitting Unit (SPU) in 2009 Figure 1• Map of Facility " l =ry J_ J =. - i=ti ♦ I " - \ j' rte,- _ t � 1 ��' z�.)E .,t '' t�}�~� r-=ys L:: °�-�J`�tr�',� \". it :I{,..>L( �S•^',�,�-' ��?,.ri%�,,"���" � ' _it{� `_,�� ��`,t 4 s�"yr 1C�.�'r„ `, li'i ', .} ��E�})}�tl\tc�c _ - � r_ yf r,'"^'�-�f o'''•�ia:.�t..-f atir�..�2, 21.1 ` X <.�xyw `C4.. r. � ✓f ;,, �'- ✓� ', i� f v .'-'� �, a. 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M^�i E !r* h{ �_' "� i, t1. r �.r. ``�,1 2^�'��." r 4 e •� , . 4? 4, z ,�f C '�', y>�r s k,�'''_',t r/ 14� �-sFtS 1iJ .a a�''�va`:i'd�'�'`c"'�`''i`\: evg�:r' r'ir+• s_"� (h�t� P Y`�l>t` 'rr s�.�'�n ..5=..� syr 4' �,�'C.h,, <<sfR��i sol, NCS000546 Central Office Review Summary: Owner's Other Permits • NPDES Wastewater Permit NC0004979 • Air Permit 03757T35 • RCRA.Hazardous,Waste PermitVCD043678937 • Residual Solids Permit WQ0000452 • Industrial Landfill ,Solid Waste Permit 36-12 2 General Observations In 2009 the Stormwater Permitting Unit (SPU) established a strategy for all coal-fired power plants The strategy includes a,standard suite of parameters for analytical monitoring (see attached discussion) Since then, at least four power plants have been monitoring stormwater discharges for those parameters Elizabethtown Power LLC (NCS000352), Lumberton Power LLC (NCS000349), Progress Energy's Mayo Steam Electric°Power Plant (NPDES WW + SW NC0038377), and Progress Energy's Weatherspoon Steam Electric Plan (NPDES, WW +'SW NC0005363) The data,from those facilities (12.samples,total) shows Zn and Cu benchmarks'exceeded most often Those sites also have mercury levels in stormwater discharges that range up to 10 ng/1 3 Impairments and Basinwide Plan Recommendations The,South Fork Catawba River segment is impaired for copper and has a history of temperature standard exceedances The Basinwide Plan (2010) discusses these concerns and references this Duke Energy facility "Out of the nine surface temperature samples taken at the lake station,during 2007, six exceeded the state temperature standard. The high temperatures were also recorded at the AMS station C7000000 in 27% of samples. These co -located monitoring sites are about two and a half miles,downstream of4the Duke Energy's Allen Steam Station discharge channel Figure 4-16 shows the temperature, mean and median of the AMS station C7000000 (blue and redlines,, respectively) and'the mean and median of five,other AMS sites that are located on Lake Wylie ('purple and,green lines, respectively) ,As seen on the graph, the AMS stations average water temperature is roughly'5 ° C higher than the other Wylie AMS station averages Duke Energy conducted a water quality assessment study to evaluate whether the.discharge is having a negative effect on aquatic life, which is required by the state every five years DWQ reviewed the results of the study and confirmed that the facilities thermal discharge, even though periodically above the state standard, is not negatively impacting aquatic life. Therefore, this segment will not be Impaired for high temperature Copper levels in the South `Fork arm are also elevated Even though this will be the first time this segment of the lake will be placed on the Impaired Waters"list for copper, this exceedance isnot new In fact, the percent of sam piesexceedi ng the standard has dropped from 81% (data years- 1997-2002) to the current 69% (data years 2004-2008) The source of the,excess copperis likely stormwater runoff from surrounding urban areas." The draft permit includes copper monitoring of stormwater discharges from this site The NPDES wastewater permit requires,a Balanced and Indigenous Population (BIP) study plan be submitted to DWQ to maintain a CWA Section 316(a) Thermal Variance Elevated nutrients are also a concern for Lake Wylie, downstream of this segment of the Catawba River This facility is inside the watershed addressed by the Lake Wylie TMDL, and discharges would have been accounted for in the Load Allocation (non -point sources) at the time The Modeling and TMDL Unit recommended infrequent -,nutrient monitoring to demonstrate there is no problem (per Kathy Stecker, Modeling, and TMDL Unit, April 26, 2011) The draft permit proposes annual monitoring for nutrients, and the reviewer recommends removing TN and TP monitoring at the next renewal if results confirm there is minimal concern. 4 Threatened and Endangered- None identified in the vicinity of this site (NHP Virtual Workroom) Page 3 of 10 NCS000546 5 Location No issues With locating this facility 6 Industrial Changes Since Previous Permit N/A, new stormwater permit 7 Analytical Monitoring Notes Two outfalls were sampled as part of the NPDES stormwater application These outfalls (SW008 and SWO15) were sampled in 2009 for the NPDES wastewater permit renewal application (submitted December 2009), as part of a prior arrangement with DWQ Because we have adopted a consistent stormwater permitting strategy for all powerrplants, SPU accepted these results without requirmg`samples from the other, outfalls for the individual permit application See application documents (Form 2F) SWO08 [Drains area with rail lines that carry coal and limestone, gravel storage area for structural steel, cable, spare equipment, etc] COD levels;were elevated (80 mg/1) but not above the 120 mg/l benchmark There were low,BOD levels (<2 0 mg/1) in the same sample, which suggests a larger amount of non- biodegradeable organic material TSS levels were very high (1500 mg/1) above the 100 mg/1 benchmark Aluminum (27 0 mg/1), copper (0 058 mg/1), and zinc (0 32 mg/1) levels were also above benchmarks (of 0 75 mg/1, 0 007 mg/1, and 0,0 , 67 mg/1, respectively) Radioactive substances were also reported There are no stormwater benchmarks forthesersubstances, but there,are'water quality standard's based on annual averages The reviewer noted the level of alpha emitters was around 5 pCi/1 greater than,the standard of 15 pCi/1 No results reported for antimony, lead, or thallium SWO15 [Drains area west of ash landfill site and gravel haul-rodd for ash transport] Overall, parameters were lower in concentration than in the outfall above (except for higher chloride and sulfate concentrations) All measurements were below benchmarks that were available `The company is requesting Representative Outfall Status (ROS) for four,outfalls Request form attached Central Office,observations and, questions4or°Region,to consider: - • Nonerof the boxes checked on the ROS form, but groupings seem to be for similar industrial activities in most cases (according to attached table) Limited data to date • Should we require most outfalls to be sampled at least once during the permit cycle9 There are several included in this request that have never been sampled • Duke Energy is requesting that SW005 represent a set of 7+ outfalls, which,includes some,outfalls discharging to the Discharge Canal instead of the Catawba,River directly (where SWO05 flows) Is ,it appropriate for SW005 to represent,Group SWO17 and/or SW019? • Duke Energy is requesting that SWO18 (to Discharge Canal) represent a set of 4 outfalls, which includes SW015 SWO15 discharges to a different waterbody (Catawba River) and also drains an -extremely large area (including ash structural fill areas) on the south end of the property This outfall was sampled.in 2009 (see above), but these,are the only data we have from this outfall Reviewer recommends considering more data be collected from this outfall before it is included with a group represented by SW018, does the Region agree? • Wind rose analysis (Tom Anderson, Division of Air Quality„ see pg 5) shows winds are predominantly fromithe southwest most of the year here, with more winds from the northeast in the winter (e-mail follows diagram, pg 5) This �corresponds ,to winds blowing from the,plant powerhouse towards Drainage Area 8 most of the�time, and blowing towards Drainage Area 11 (comingled with NPDES WW 004) in the winter Might consider deposition potential from stacks in these general directions when considering ROS, also consider that the majority of deposition would occur closest to source NPDES WW permit only requires flow and 0&G monitored at Outfall,004 (although SW contribution is small there) Page 4 of 10 NC$000546 r Email Excerpt Ck 1 0, �jwn_ From: Anderson, Tom Sent: Monday„May 09, 2011 142 PM To: Georgoulias, Bethany Subject: RE Wind Roses Bethany, Wind distribution in Belmont would probably be well represented by Charlotte NWS data We use WRPLOT view available free here http //www weblakes com/products/wrplothndex html I've,attached a wind rose that I created for you for Charlotte The wind distributions, as shown,, are almost the same regardless of the year or time period (5 yr , I Oyr, etc ) of Charlotte Greensboro and Raleigh are very much the same You can download the program and then use the met data files that I have attached to look at seasonal or other periods in detail The sfc files are the ones you'll need — disregard the pfl files (they're for "upper air” soundings) Generally, winds from the SW in late spring, summer and early fall with more winds from the NE in the winter 8 Qualitative Monitoring Notes N/A, new permit Page 5 of 10 Permit Recommendations: Analytical Monitoring: 1 Proposed analytical monitoring is consistent with the Stormwater Permitting Unit's strategy for all power plant permits established in 2009 For more information, see attached discussion The draft'includes a Semi-annual monitoring for 13 priority metals (Ag, As, Be, Cd, Cr, Cu, Hg, Ni, Pb, Sb, Se, Tl, Zn) + Al & B, with.benchmarks where available b Semi-annual mercury (Hg) monitoring with more sensitive method 1631E but no benchmark (or obligation to monitor monthly in Tier 2) c- Semi-annual monitoring for COD, TSS, pH, sulfates, and 0&G d Requirement to submit annual data summary to DWQ regional office 2 In addition, the draft permit proposes'annual nutrient monitoring because of the Lake Wylie TMDL for, this permit term (should be removed at renewal if there is na concern) 3 Coal pile runoff discharge (subject to stormwater effluent guidelines limitations) is covered under the plant's wastewater permit (NC0004979), coal yard runoff is directed to NPDES WW outfall 002 (ash settling basin) Coal yard sump overflowas under the same permit (002a) According to NPDES WW permit documents, only one discharge has occurred there in the five years prior to NPDES permit renewal application 4 The company has requested Representative Outfall Status (ROS) for four (4) stormwater outfalls SW005, SW008, SW018, and SW011* The draft permit does not specify any representative outfalls, review and approval by Regional Office pending (See Section 7 for discussion ) *Note that the draft proposes monitoring SWO11 only once during the permit term because of volume of wastewater there. Does MRO think it should be monitored,semi-annually with the others? Seems like SWO11 would not be very representative if stormwater makes up less than 5% of the discharge flow, even in a large rainfall event. Other Proposed Requirements: 1 Because wastewater permit NC0004979 does not include metals monitoring for the dischar=ges°through outfalls 003 and 004,'the draft permit clarifies that corresponding SWO12 and SWO11 stormwater outfalls should be sampled for all parameters in this permit once during the first sampling period Given that stormwater contributes a small percentage of flow compared to the much larger, continuous non -contact coolmgwater and other wastewater flows (4 5 MGD and 6 5 MGD from 003 and 004, respectively), the potential for+contaminants to reach concentrations of concern is probably not very high An estimate of stormwater runoff during a large storm (6" in 24 hours) with drainage area and percent imperviousness showed a stormwater contribution of only -r15% of the total discharge flow from SW012- 003 and —2% of flow from SWO11-004 [The plant does testa 24-hour composite sample from 003 for a large suite of chemicals for NPDES wastewater permit renewal, however, that`sample is usually not taken during a rain event ] The one-time sample is intended to screen forrpossible stormwater problems at,these outfalls and confirm negligible contribution Any benchmark exceedances would only trigger a Tier'1 response Page 6 of 10 NCS000546 Discussions with permittee: Mark McGary, (704) 634-7098,5/11/2011, and Don Scruggs (with Plant Allen) 1 Q Two outfalls are commgled with routine wastewater discharges (not lust emergency overflows) SWO11-004 and SW012-003 Are these evensampled during_ rain events,and are,they sampled prior to cominglmg withistormwater? a ANSWER 004 (SW011) is sampled quarterly for 0&G, and it sampled on the first Tuesday of the quarter—so it may or may not coincide with a rain event Right now there is no way to sample the discharge prior to commglmg with stormwater 003 (SW012) is not sampled except for the wastewater permit renewal (and probably not when its raining)- The site is only required to report flows, which it estimates from pump curves Stormwater runoff contributes a relatively small volume to these continuous wastewater discharges b How large is the wastewater flow from each of these outfalls? About 6 5 MGD max from 004,and 4 5 MGD from 003 2 Q- 'Stormwater°that's not routed through oil trap tank in, Drainage Areal 2 —does it bypass that tank? Where's the discharge sampled? a ANSWER No bypass, the trap tank is upstream of,the,rest of stormwater runoff Samples are taken as,close to the end of pipe (outfall) as possible (after cominglmg) 3 Q Where's NPDES Outfall 002 (Ash Settling Basin) - farther south than this plan shows? a ANSWER Yes To clarify, FGD treatment system flows from internal outfall 005 (sampled under wastewater permit) into these basins There is pH adjustment capability at the settling basins, but it's not.always necessary to use it Page 7 of 10 NCS000546 SPU Power Plant Permit Strategy (Beginning 2009) In recent years, the Stormwater Permitting Unit has,recognized the complex issues associated with coal - burning power plants,and,the increased attention on coal ash storage, °use, and disposal it -these sites- Data,on stormwater discharges from these plant sites is limited because the focus has traditionally been on wastewater Regions have also voiced concern about potential contamination from metals in stormwater discharges associated with the activities at these sites After researching constituents these activities or materials may introduce to the power plant property (and with them potential for stormwater pollution), the Unit formulated a strategy for these renewal permits Basis Draft RTI Study ('Human and Ecological Risk Assessment of Coal Combustion Wastes; RTI, August 2007) and discussions with Robert Schreusdale of RTI suggest these metals may signal contamination problems SPU also discussed contaminants with Duke UMvers►ty researcher, Dr Avner Vengosh, who researched the TVA ash pond spill in 'Dec 2008 in Kingston, TN (Mtg with SPU on May 4, 2009)_ In addition, RRO/DWQ has sampled discharges from cogeneration plants in the FRO area and flagged metals of concern Overall, we have very little data with which to characterize stormwater discharges from this industry, but we know'there is a concern and need for better,understand►ng about possible stormwater pollution from act►v►t►es=here (FYI - Cost of'clean mercury method around $100 ) Basis Power plants area potential mayor source, of mercury, and although some Hg maybe regional, there is a risk that-s►gn►f►►cant quantities come from the activities at the plant itself While wastewater permit limits are calculated based on low stream flow and high wastewater effluenttlow conditions— andsometimes do not warrant -the lower -detection method—stormwater contributions vary broadly and,do not change the bio -accumulative, nature of methyl -mercury SPU recognizes the -complexity of regional air transport and deposition, as well as the cost and resources involved in clean mercury sampling protocol, and therefore will exempt Hg from monthly monitoring in the tier structure However, if mercury data suggest a problem ,driven by sources or activities at the plant, DWQ should investigate further and could "require additional monitoring in the future • Semi rannual nonIMF ine for COD, TSS, pII, sulfates, and O&G Basis conventional pollutants assoc►atedw►th types of activities here Note -include provision to allow pH values below benchmark ►f facility can document rainfall pH is as low or lower at time of sampling Basis Consistency with current draft General Permits and to facilitate prompter awareness of monitoring results at the regional office level Page 8 of 10 example,,plants might consider installing bioretenti'on cells for drainage areas where metal&are,a problem and momtor,for effectiveness, in exchange for decreased'monitoring frequency and/or no benchmark trigger We will also consider relieving monitoring if the facility can demonstrate levels are not attributable to, or else notable to be separated from, -industrial activities SPU will work with the regional offices to address situations on axcase-by-case basis Basis SPU recognizes the ubiquitousness of copper and zinc, and the low benchmark concentrations for metals like Cd, but we also know activities at power plants can be contributors of these pollutants SPU feels alternatives to more monitoring can facilitate solutions and that the permit tier structure istlexible enough to relieve the permittee of monitoring when appropriate Federal effluent guidelines apply specifically to the Steam Electric Generating industry, which excludes cogeneration facilities However, cogeneration plants are similar in many respects, and coal storage,and handling activities may even be identical SPU will consider a tailored approach for certain SDOs based, on proximity to coal sources, storage area size, etc. Depending on the size and similarity of the,coal,storage and handling,(and perhaps other factors), the perinitwriter could decide to (a) apply limits initially, or (b) an,arrangement where benchmarks,mirrormg BPT requirements for coal pile leachate in 40 CFR §423 (TSS of 50 mg/l and pH 6-9 SU) would become limits after two exceedences (i.e, Tier 2 action), or (c) lust impose benchmarks Basis, Federal stormwater 6 luent limits apply to coal piles at steam electric generating facilities, similarity of cogeneration plants land even elsewhere) warrant similar scrutiny Other states such as Virginia, Ohio, and Georgia have already imposed the same BPTlimits on coal pile runoff and leachate at facilities where coal burning for steam electric generation is not necessarily the.primary industrial activity The tlexibilityfor North Carolina to do the same follows that lead and acknowledges the potential for the same, pollution problems Page 9 of 10 NCS000546 Recommendations: Based on the documents reviewed, the application information submitted on February 2 (fee submitted March`3, 2011) is sufficient to issue,an,Indrvidual Stormwater Permit Prepared by (Signature) Stormwater Permitting Unit for Date 5 f2 20� 1, Date sh Vp t Concurrence by Regional Office Date, RO Water Quahty Supervisor Date Regional Office StafffComments (attach additsondl pages as�necessary)' Page 10 of 10 NCS000546 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE E41PA In compliance with the provisions of North Carolina ral S143-2`15 1, other lawful standards and regulations promulgated and adopted b th - orth Carolina Environmental Management Commission, and the Federal Water IF,lut' n ntrol Act, as amended, Duke En ar inas, LLC is hereby authondi e stormwater from a facility located at 1 n Steam Station Plant Allen Road Charlotte, NC Gaston County to receiving waters designated as the Catawba and South Fork Catawba Rivers, class WS -V, B and class streams in the Catawba River Basin, in accordance with the discharge limitations, momtoring'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 August 1, 2011 This permit and the authorization to discharge shall expire at midnight on July 31, 2016 Signed this day July 29, 2011 for Coleen H Sullins, Director Division of Water Quality By the Authority of,the Environmental Management Commission 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 Locatior MONITOR] DISCHARC Stormw, Analytic Qualitati On -Site Permit No NCS000546 PERMITTED STANDARD CITIONS FOR NPDES' STORMWATER INDIVIDUAL PERMITS Compliance and Liability 1 Compliance Schedule 2 Duty to Comply 3 Duty t& Mitigate 4. Civil and Criminal Liability 5 Oil and Hazardous, Substance Liability 6 Property Rights 7. Severability 8. Duty to Provide Information 9 Penalties for Tampering 10. Penalties for Falsification of Reports General Conditions 1 Individual Permit Expiration 2 Transfers I Permit No NCS000546 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 Fkci�p Section D Monitoring and Records 1 Representative Sampling 2. Recording Results 3 Flow Measurements 4 Test Procedures 5 Representative fall 6 Recor R e on 7 Inspects an - n Section E Reporting uireme s 1 Ds c onitoring Reports 2 Subms sng 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 11 Permit No NCS000546 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 Certificatio O oVtothnDivision, must receive approval by the Division, must maintain no exposur co iauthorized to discharge under a valid NPDES stormwater permit, and must r ap foxposure Exclusion once every five (5) years SECTION B: PERMITTED Until this permit expires or is rq & fitpdMor, vothe permittee'is authorized to discharge stormwater to the surface waters rt C lana or separate storm sewer system that has been adequately treated and managedliAlmNaWre with the terms and conditions of this individual permit All stormwater disches sha , . in accordance with the conditions of this permit Any other point source discurface waters of the state is prohibited unless it is an allowable non-stormwater d ge 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 compfiance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree 'Part I Page I of 2 SECTION C: LOCA'T'ION MAP Permit No NC9000546 Part I Page 2 of 2 t r ,1f L y ,,, y �'a� �- ♦� �- 1 f� � S *r1 '.dpi 'l'I..a1�f,�1'L:��. _- - �-s7i_ , � o#r �- � +i ,,�firc , s.. 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N" -i rr J`; �.�` ``�fi'� 4 � '� 7r �, V, " • * "�`y r�"'".`4\>e' Q .} J'f �, f t7t , r„r ♦ d -"',I'' S'r' r '�'J '•.� J ��`:� �-,'>rx _ fvl -rsJ;l'�,`'��•�v r �, .rr!`S�t`'r 1 �,: I-� /(. %(v'��r t if�•.�`:��� � � J,l'�ti :» 7ryJ r s 1 'i;'� rrtI�,,,!!ri Sfik �iy � ��rt` y.e' rt 5t , � 'N,l � + � J ♦;�yi __ 5 - _ .2r la \ �rr'd h' �ti I i {' � �r !.- ti�J"�.I r r ✓ ��i/ if �t ->✓, ii , 1' i I .�' .. • { yf-`` � �: � , � r ( -',- J '`�,, (1q�ty.��- .tili _'aR'= j `�, �+rJ {� 9s_/='a' \1♦T�r,-.: Ch~ ” V:,.t ,�' �J✓ t�F j I � i' 14 t p���IJ��i-i,��,, .�Yi1 CI C , r S - _ r 1, ;11� � s 1 rr !'{` '/r!, ''ys=Z4 'S,-" "c a' �r{'i 'r�._•s1 -.�"-^"=•'-'� aC'T ..� :i F`�, .+' 6n I. ,� +� ...> � Ila/ NCS000546 Duke Energy Carolinas, LLC Allen Steam Station N r Latitude 35° 11' 25" N RF Longitude 810 00' 32" W County Gaston S Receiving Stream' Catawba River Strream'Gass' WS-V,,B Map 50/ie 1,24,000 Sub -basin: 03-08-37 (Catawba River Basin) Facility Location Part I Page 2 of 2 Permit No NCS000546 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERM'ITTE'D DISCHARG°ES 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 ine , hysncal facility and the potential pollutant sources which may be expect d tribute to contamination of stormwater discharges The site plan shall' cor} info I w1W (a) .A general location map ('USGS equivalent map), showing the f, routes and surface waters, the n stormwater outfall(s) discharggi storm sewer system, the n __ c waters, and accA late ani general location (o t receiving water p 're ( , located in a wg parameter(s) North Carol a or appropriately drafted in relation to transportation ving water(s) to which the Vischarge is to a municipal separate icipalrty and the ultimate receiving de of the point(s) of discharge The sate map) shall identify whether each the state's 303(4) list of 4mpaired'waters) or is h a TMDL has been established, and what the s 303 List can be found here http://h2o.e r .nc.us/tmdl/General_303d.htm#Downloads North Carolina DL documents can be found here http://h2o.enr;state.nc.usitmdl/TMDL, list.htm#Final TMDLs. (b) A narrative description of storage,practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall (c) A site map drawn to scale (including a distance legend) showing the site property boundary, the stormwater discharge outfalls, all on-site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces The site map must indicate the percentage of each drainage area that is impervious (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and`any corrective actions taken to mitigate spill impacts. Part' II Page I of 1 I Permit No NCS000546 (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 The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of-tion-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 tee the, methods of,operations and/or stor of materials and processes to stormw prevent exposure of all storage areas, manufacturing ,pr fueling operationA not practical, the stormwaterm ag diverting the stormwater run ,,a 17, d onoc feasibility of changing ti t minate or reduce exposure erev practical, the permittee shall ihandling operations, and here elimination of exposure is Oan shall document the feasibility of areas of potential contamination (b) Secondary Cont h nt a 'ire aMts and Records Secondary containment is required for bulk or e i id materials, storage in any amount of Section 313 of Title III of pftlTd Amendments and Reauthorization Act (SARA) water priority c mical storage in any amount of hazardous substances, in order to prev leaks d spills from contaminating stormwater runoff A table or summary f tanks and stored materials and their associated secondary containment all be maintained. If the secondary,containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism), and any stormwater that accumulates in the containment.area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by'the material stored within the containment. area Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of thexelease shall be kept for a period of five years (c) BMP Summary A listing of site structural and,non-structural Best Management Practices (BMP) shall be provided The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges The BMP Summary shall 'include a written record of the specific rationale for°installation and implementation of the selected site BMPs The BMP Summary shall be reviewed and updated annually Part 11 Page,2 of 11 Permit No NCS000546 3 Spill Prevention and Response Plan The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility Facility personnel (or the team) responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan A responsible person shall be on-site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials, associated with the facility operations' The SPRP must be site stormwater specific Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) maybe 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 House maintenance and good`housekeeping progr, all, stormwater control systems, stormwater surface waters and, wetlands, industrial acti, material handling areas, disposal areas, pr haul roads), all drainage> features and st cb program shall establish schedules of pe,� activities of'stormwater control facility systems that pre n p I-nspection of material ha in be incorporated into the inspections, mamtena t1 and l in the SPPP A A e 11 WO,d The program shall list i e ou,ll, on-site and adjacent a ncluding material storage areas, ire oadmg and unloading areas, and existing structural BMPs- The maintenance, and housekeeping as facility equipment,, facility areas, and water exposure or stormwater pollution regular cleaning, schedules of these areas shall compliance with the established schedules for ng shall be recorded in writing and maintained 5 Employee Training TfMrng_programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for spill response and cleanup, preventative maintenance activities; and .for any of the facility's operations that have the potential to contaminate stormwater runoff Facility personnel (or team) responsible for, implementing the training shall be identified; and their annual training shall be documented by the signature of each employee trained 6 Responsible Party The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, nand 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 wheneverthere, is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge,of'pollutants to surface waters All aspects, of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall `include re -certification that the stormwater outfalls have been,evaluated for•the presence of non-stormwater discharges. Each annual update shall include a re-evaluation of the Part II Page 3 of 11 Permit No NCS000546 effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements The permittee shall provide certification In writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been.made 8 Facility Inspections Inspections of the facility and all stbrmwater systems shall occur as part of the Preventative Maintenance and Good Housekee Ing Program at a minimum on a semi-annual schedule, once during the first half of ar (January to June), and once during the second half (July to December), wit , 1 t days eparatmg `mspectlon dates (unless performed more frequently than m nn These,facility inspections are different from, and in addition to, the sto w er disc ge characte'ristic monitoring requtred.In Part II B, C and D of this permit 9 Implementation. The permittee shall shall Include documentation of all m activities, and training provided t of actions taken to ImoleAnt ., i . vehicle maintenance acts five years and made aval immediately upon reggo t � Ian Implementation of the Plan ,, easurements, Inspections, maintenance including the log of the sampling data and ed with the Industrial activities, Including -ntatlon shall be kept ,on-site for a period of or the Director's authorized representative Part 11 Page 4 of I I Permit No NCS000546 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-requi-red 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 gains but stops before producing any collectable discharge, a sample may be, collected if the next rain oroducink a discharize beams within 10 hours ,► Table 1. Analytical Monitoring Req Discharge ECMaractea;istics Units Measurement FrL uenc, 1 Sample Sample 3,4 40 CFR Part 423 Appendix A 13'Priority Pollutant Metals '(Ag, As, Be', Cd, Cr, ,Cu, Hg, Ni, Pb, Sb, $e, Tl, Zn) 4 µg/,1 & 44 s i- ual Grab SDO' Al semi-annual Grab SDO B µg/ semi-annual Grab SDO COD 1 semi-annual Grab SDO TSS mg/1 semi-annual Grab SDO Sulfate mg/1 semi-annual Grab SDO Oil and Grease (O&G) m /l semi-annual Grab 5D0 H standard semi-annual Grab SDO ota 'hos .1io -us (T�Pt Total Rainfalls inches semi-annual Rain Gauge - 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 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge 3 Sample Location Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted Part II Page 5 of l l '5 Permit No NCS000546 Mercury shall be analyzed by EPA Low-level defection method 1631 E, This method also requires a field blank be analyzed A benchmark does not apply; however,,values above 0:012' µg/I should be noted on annual,SDO DMR reports to the Regional Office 6 For each sampled representative storm event the4otal precipitation must,be recorded, Anon -site ram,gauge or local rain gauge reading must be recorded The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days m st separate each sample date unless monthly monitoring has been instituted under a TierIWesponse Table,2. Monitoring Schedule lq%6/ tZ Monitorin eriod ' Sample Number Start End Year 1 — Period 1 1 A gu 1 O 11 December 31, 2011 Year 1 — Period 2 2 ni "y , 2012 June 30, 2012 Year 2 — Period 1 3 J , 2012 December 31, 2012 Year 2 — Period 2 4 J ary 1, 2013 June 30, 2013 Year,3 — Period 1 July 1, 201-3 December 31, 2013 Year 3 — Period 2 6 January 1, 2014 June 30, 2014 Year 4 — Period 1 e479L, I July 1, 2014 December 31,, 2014 Year 4 — Period 2 8 January 1, 2015 June 30, 2015 Year 5 — Period 1 9 July 1, 2015 December 31, 2015 Year 5 — Period 2 141WTO January 1, 2016 June 30, 2016 Footnotes 1 Maintain semi-annual monrtormg.durmg permit'renewal process The applicant must contmue�serm-annual monitoring until t}ie,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 sam lmggeriod SU► ®s SW0 1 and S'W(112 should be sam ledonce duan this enol The permittee shall report the analytical results from the first sample with valid results within the monitoring period In addition, a separate signed Annual Summary DMR copy shall be submitted to the local DWQ Regional Office (RO) by March 1 of each year. The permittee shall compare monitoring results to the benchmark values in Table 3 The benchmark values in Table 3 are not permit limits but should be used as guidelines for the permittee"s Stormwater Pollution Prevention Plan (SPPP) Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program gee below the descriptions of Tier One and Tier Two Part II Page 6 of 11 Permit No NCS000546 Table 3. Benchmark Values for Analytical Monitoring Discharge CharacteristicsUnits Benchmark Aluminum - mg/l 075 Antimony mg/l 0109 Arsenic mg/l 036 Beryllium mg/1 007 Boron mg/l N/A Cadmium mg/1 0 001 Chromium mg/l Copper mg/l 007 Lead mg/l L.11%oe Mercury µg/1 N/A Nickel mg/1 V.026 Selenium mg/ 0 056 Silver 0 001 Thallium , N/A Zinc p 0 067 COD mg/l 120 TSS mg/1 100 Sulfate mg/l 500 O&G mg/l 30 eta Yt��o en 7/ of ' laos hohus T n / i pH (see footnote 1) standard 6 - 9� Footnotes 1 If pH values outside -this range are recorded, in sampled, stormwater discharges, but ambienUramfall data indicate precipitation pH levels are within + 0.1 standard units of the measured discharge values or lower, then,tlie lower threshold of this benchmark range does not,apply Readmgs from an on-site or local ram gauge (or local precipitation data) must be documented to demonstrate background concentrations were below the benchmark pH range Part 11 Page 7 of 11 Permit No NCS000546 Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall, Then: The permittee shall 1 Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2 Identify and evaluate possible causes of the benchmark value exceedence 3 Identify potential, and select the specific source controls, operational controls, or physical improvements to reduce concentrations of the paramelolpfconcern, or to bring concentrations to within the benchmark range 4 Implement the selected actions within two mo of th s ection. 5 Record each,instance ,of a Tier One response i, rmwater Pollution Prevention Plan Include the date and value of the benchmar ex ed7, , the inspection date, the personnel conducting the inspection, the selected do e date the selected actions were implemented Tier Two If: During the term of this pVth alid sampling results from two consecutive monitoring periods are achmark values, or outsideof the° benchmark "range, for any s ecific arameter at a s rge outfall, Then: The permittee shall 1. Repeat all the required actions outlined above in Tier One 2 Immediately institute monthly monitoring ,for all parameters (except mercury) at every outfall where a sampling result exceeded the benchmark value for two consecutive samples Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values, or within the benchmark range, for all parameters at that outfall 3 If no discharge occurs during the sampling period, the permittee 'is required to submit a monthly monitoring report indicating "No Flow " 4 Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan Part II Page,8 of I I Permit No NCS000546 During the term of this permit, if the valid sampling results required for the permit monitoring periods,exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DWQ Mooresville Regional Office Supervisor in writing within 30 days of 'receipt of the fourth analytical results DWQ may, but is not limited to • Require that the permittee increase or decrease the monitoring frequency for the remainder of the permit, • Work with the permittee to develop alternatty es e s rate es, • Require the permittee to install structural sto ter co s, • Require the permittee to implement other st at control measures; or • Require that the permittee implement sit od ca ' ns to qualify for the No Exposure Exclusion This site discharges to the South o C River, which is impaired for copper If a Total Maximum Daily Load (TMDL) is r e this segment of the river, the Division may require additional monitoring this et (currently part of the permit) or consider routine sample results in determinm hether dditional BMPs are needed to control the pollutant(s) of concern to the maximum ex en ra able This site is also located in the watershed draining to Lake Wylie, which has a T p L nutrients If additional BMPs are needed to achieve the required level of control, the permittee will The 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 in Table 4, during the analytical monitoring event,, [If analytical monitoring is not required, the permittee still must conduct semi- annual qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention, Plan (SPPP) and,assessing new sources of stormwater pollution In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the.suspected cause of the condition and any actions taken in response to the discovery This documentation will be maintained with the SPPP Part 11 Page 9 of 71 Table 4. Qualitative Monitoring Requirements Discharge Characteristics Freyuencyi onitoring Locati®n2 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 SOO Oil Sheen semi-annual S12.0 Ap ,Erosion of deposition at the semi-annual t )%6. outfall 'Other obvious indicators semi-annual • DNW O of stormwater pollution Footnotes I Measurement Frequency Twice per year during permit is'issued for this facility or until this pe the permittee has submitted the aper riate permittee will be considered fora ne I a he the renewed permit is issued See Ta a or cycle 2 Monitoring Location Qualitat►v onitorn s regardless of representative out 1 status Permit No NCS000546 1-2 #Fritat storm event, for each year until.either another ke r rescinded If at the end of this permitting cycle Keapplicant ewal permit before the submittal deadline, the must continue semi-annual monitoring until of momtormg3periods through the end of this permitting I be performed at each stormwaterdischarge outfall (SDO) 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 10 of 11 Permit No NCS000546 Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics H Units standard MeasurementWaple re uenc ,1e2 semi-annual Grab Sample Locatiom3 SDO Total Petroleum Hydrocarbons EPA Method 1664 (SGT -HEM mg/1 semi-annual Grab SDO Total Suspended Solids mg/l semi-annual Grab SDO Total Ramfall4 inches semi-annual Rain gauge New Motor Oil Usage I gallons/month I semi-ann l' Estimate I Footnotes 1 Measurement'Frequency Twice per year during a,represent permit is issued for this facility or until this permit is revoke the permittee has submitted the appropriate paperwork for a permittee will be considered for a renewal application The the renewed permit is issued See Table 2 for schedAdet cycle 2 If the stormwater runoff is controlled by a stormwat pond shall bezcollected within the first 30 minute di ai ev t, for ch year until,either another and a end of this permitting cycle permi ore the submittal deadline, the L�must continue semi-annual, monitoring until periods through the end of this permitting Or I a grab sample of the discharge from the, the pond 3 Sample Location Samples shall be c llecteAma ch t ter discharge outfall (SDO) that discharges stormwater runoff from area(s) wh a hicten activities occur 4 For each sampled representative sto e t t to precipitation must be recorded An on-site or local rain gauge reading must be recorded Monitoring results shall beare o the benchmark values in Table 6 The benchmark values in Table 6 are not peMIMWits 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 (BMP9), as provided in Part II Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units M MBTn—ch!m!a!rMk pH (see footnote 1) standard 6 - 9i Total Petroleum Hydrocarbons (TPH) mg/L 15 Total Suspended Solids mg/L 100 Footnotes 1 If pH values outside this range are recorded in sampled stormwater discharges, but ambient rainfall data indicate precipitation pH levels are within + 0.1 standard units of the measured values or lower, then the lower threshold of this benchmark range does not apply Readings from an on-site or local rain gauge (or local precipitation data) must be documented'to demonstrate background concentrations were below the normal•pH range Part Ii Page 11 of 11 Permit No NCS000546 PART IIi STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule Existmg Facilities already operating but applymg,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 1I, Section A, Paragraph 2(b) of this permit, shall be accomplishedwithi 12 months of the effective date of the initial permit issuance _ New Facilities applying for coverage for the first time d e in' aciti previously permitted and applying for renewal under this pen -nit The StonmwatNpecified r ion Plan shall be developed and implemented prior to'the,beginning of discharges+fromn of the industrial activity and be updated thereafter on an annual basis Second' in Part I1, Section A, Paragraph 2(b) of this permit shall be accomplished prior to ischarges from the operation of the industrial activity Du!y to Comply The permittee must comply wi al on o of this individual permit Any permit noncompliance constitutes a violation of the Cl Wa - nd is grounds for enforcement action, for permit termination, revocation,and suanc , or odifcation, or denial of a permit upon renewalapplication r comply ith standards,or prohibitions established under section 307(a) of the The permittees al Clean Water A fo 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 - 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 isisubject 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 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 I1 violations are not°to exceed Part III Page I of 8 Permit No NCS000546 ' $10,000 per day for each day during which the v►olatibn continues, with the maximum amount of ,any Class, II penalty not to exceed,$125,000 Dutv to M►t►eate 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 Ill, Section C of this permit regarding bypassing of stormwater control facilities, nothing in -this individual permit shall be construed to relieve the perm ittee,from ,any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215 3,143-215 6A, 143-215 66, 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 rtity for effective compliance may be temporarily suspended If 5 Oil and Hazardous Substance ,Liability Nothing in this individual permit shall'be construed ecl e t institution of any legal action or relieve the permittee from any responsibilities, liabilities en ies which the permittee is or may be subject to under NCGS 143-215 75 et seq or Section 31 1 th e er Act, 33 USC 1321 6 Property Rights The -issuance ,of this ind►vidua e , do n convey any property rights in either real or personal property, or any exclusive privi es, n d it authorize any injury to private property or any invasion of personal rights, nor any infr ement f eral, State or local laws or regulations 7 Severability The provisions of this indiviUM�permit are severable, and if any provision of this individual permit, omhe application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remamderof this individual permit, shall not,beaffected 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 determme compliance with this individual permit The permittee shall also furnish to the Director upon request, cop►esof records required to be�kept by this individual permit Penalties for Tampering J ' 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, oriby both If a conviction of a person is, for wviolation, committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment�of not more than 4,years, or both Part III Page 2 of 8 Permit No NCS000546 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, the 'e all sulimit,forms and fees,as are required by the agency authorized to issue permits no la ha 18 , ays pri to the expiration date Any permittee that,has' not requested renewal at least, ISO d' s pr to , or any permittee that does not have a permit after the.expiration and has not requeste' re wal at le 0 days prior to expiration, will be subjected to enforcement procedures as provided in N § -215 6 and 33 USC 125,1 et seq Transfers This,permit is not transferable to any Director may require modification or incorporate such other requir, is required to notify the Drvisio in Signatory Requirements All applications, reports, All applications faftefioticie to and approval by the Director The suance of the permit to change the name and Mary under the Clean Water Act The Permittee is 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 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 , NCS000546 ' responsibility, or an individual or,position having overall responsibility for environmental matters for the company (A duly authorized representative may thus be either a named individual or any individual occupying a named position ), and (3) The written authorization is submitted to the Director Any,person signing a document under paragraphs a or b of this section shall make the following certification "I certify, under penalty of law, that`this document and all attachments, were prepared under my direction or supervision in accordance with a system designed,to assure that qualified personnel properly gather and evaluate the information submitted Based on my inquiry of the person or persons who manage the<system, or those persons directly responsible for,gathering'the information, the information,submitted is, to the best of myowledge and belief, true, accurate, and complete I am,aware that;there are significant pe for submitting false information, including the possibility of fines and imprisonrn Sfo o ng vio,ktions " The issuance of this tndividual,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 - V Permit Actions The permit may be mod changes or anticipated r SECTION C: OPERATION 2 Proper Operation and Maintenance or ctr from reopening and modifying the terminating the individual permit as Code of Federal Regulations, Parts 122 Subchapter 2H 0100, and North Carolina or terminated,for cause The notification of planned not stay any individual permit condition ENANCE�OF POLLUTION CONTROLS The permittee shallat 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 contfols 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,m order to`mamtain compliance with'the conditiomyofthis individual permit Bypassmg of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless Bypass was unavoidable to prevent loss of life, personal injury or, severe property damage, and Part III Page 4 of 8 Permit No NCS000546 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 nor 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 permiumsubmitted notices as required under, Part III, Section E,,of this permit If the Director determines that it will meet the three conditions hsted,above, the Director may approve an anticipated bypass after consideeing its adverse,effects SECTION D: MONITORING AND RECORDS I Representative Sampling Samples collected and measurements taken, as require ere , sh be racteristic of the volume and nature,of the permitted discharge Analytical'sampling h be,perfo during a representative storm event Samples shall be taken on a -day and time that is ristic of the discharge All samples, shall be taken before the discharge loins or is diluted by any r w to s eam, body of water, or substance - Monitoring points as specified in this permit sha be an without notification to and approval of the Director - 2 Recording Results For each measurement, sample, cti _ or aintenance,activity performed or collected pursuant to the requirements of thi's individual t, a ittee shall record the following mformation a The, date, exact p e, and ti f 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 mdividual(s) who performed the analyses, e The analytical techniques or methods used, and f The results of such analyses 3 Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges 4 . Test Procedures Test procedures for the analysis of pollutants shall conform to the,EMC regulations, published pursuant to NCGS 143-215 63 et seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136 Part IIi Page 5 of 8 Permit No NCS000546 ` Tosmeet the intenrof 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 Pollution Prevention Plan Copies of analytical monitorm res permittee shall retain records of all monitoring informat , me c records and all original, strip chart recordings for conti ous m reports required by this individual permit for a period a ast 5 measurement, report or application This period may b to ed Inspection and Entry thcility along with the Stormwater eall also be maintained on-site The all cal ration and maintenance umentation, and copies of all ye om the date of the sample, by request of the Director at any time The permittee shall allow the Director, or agpth2fteciffipresentative (including an authorized contractor acting as a representative of the Director , m tagVof a facility which discharges through a municipal separate storm sewer system, th . ze epr ative of a municipal, operator or the separate storm sewer system receiving the ds ar up 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 Momtormi? Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director Submittals shall be°delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory When no discharge has occurred from the facility during the report period, the permittee is required to submrt,a discharge,monitormg report within 30 days of the end of the three-month sampling period, givmg all required information and indicating "NO FLOW" as per NCAC T15A 02B 0506 Part III Page,6,of 8 Permit No NCS000546 The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report (QMR) form provided by the Division, and shall retain the completed forms on site, Qualitative monitoring results°should not be submitted to the Division, except upon, DWQ's specific requirement to do so Submitting Reports Duphcate,signed copies of all reports required herein, shall be submitted to the following address - Division of Water Quality Surface Water Protection Section, ATTENTION Central Files 161`7 Mail Service Center Raleigh, North Carolina 27699-161`7 In addition, aseparate signed Annual Summary DMR c shAilibne brmttej to the permittee's DWQ Regional Office (RO) by March I of each year Availability of Reports Except for data determined to be confidential un 14 715 3(a)(2) or Section 308 of the.Federal Act, 33 USC 1318, all reports prepared n acco anc th terms shall be available for pubhc'mspection at the offices of the Division of Water Qual A equ' by the Act, analytical data shall not be considered confidential Knowingly maki any ise atement on any such report may result in the imposition of criminal penalti pr for n GS 143-215 6B or in Section 309 ofthe Federal Act 4 Non-Stormwater Discharges If the storm event monitor in accor a with this individual permit coincides with a non-stormwater discharge, the permittee s 1 separa y monitor all parameters,as required under the non-stormwater discharge permit and pro id ormation 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 dischafged 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 Bypass Anticipated bypass If the,permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass, mcludmg 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 Part i II Page 7 of 8 10 Permit No NCS000546 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 6 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 themoncomphance 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 monitoring reports are submitted Other Information Where the permittee becomes aware that it individual permit or in any report to the DI 24 hour reporting at the time Nit any relevant facts in an application for an promptly submit such facts or information Part III Page 8 of 8 NCS000546 PART IV LIMITATIONS REOPENER This individual,permit,shall be modified or alternatively, revoked,and reissued, to,complywith 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 stringentithan any effluent limitation in the individual permit, or b Controls any pollutant not limited in the individual permit The individual permrt,as modified or reissued under this Act then applicable PART V ADMINISTERING AND The permittee must pay'the administering andco an the Division Failure�to pay the fee inely r ih Division to initiate action to revoke th id ne PA I 1 Act 'See Clean Water Act 2 Arithmetic Mean 3 4 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 mdividual values Allowable Non-Stormwater Discharaes 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 potableFwater, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands (c) Discharges resultmg from fire -fighting or fire-fightmg 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, act►v►ty,, or physical structure Parts IV, V and VI Page 1 of 5 Permit No NCS000546 ' 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 Storagequid Products ,Liquidraw 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,a an ater A (CWA), as amended, 33 USC 1251, et seq 8 Division or DWQ The Division of Water Quality, Department of E t a atural Resources 9 Director The Director of the Divisionter/Uaty,tWrmitissuing authority 10 EMC 4 The North Carolina Envirental M n d:7t Commission 11 Grab Sample IWF An individual sample collected instantaneously Grab samples that will be directly analyzed,or qualitatively monitored must be taken within the first 30 minutes ofdischarge 12 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act 13 Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility,,a, surface impoundment, an injection,well, a hazardous waste long-term storage facility or a surface storage facility 14 Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town 15 No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant�shelter oracceptable storage contamers to prevent exposure to ram,,snow, snowmelt, or runoff Industrial materials or activities include, but are not limited to, material handling equipment onactivrties, Part VI Page 2,of 5 Pages 16 17 18 19 20 21 22 23 Permit No NCS000546 industrial machinery, raw materials, intermediate products, by-products, final products, or waste products DW,Q may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR § 122 26(g) Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations Permittee The owner or operator issued a permit pursuant to this individual permit Point Source Discharge of'Stoimwater A Any°discernible, confined,and discrete conveyance, incl g, flt n specifi lly limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure fromich r at Woffr maybe discharged to waters of the state ftc 'W - Representative Storm Event A storm event that measures greater, than 0 1 i es 'f and that is preceded by at least 72 hours in which no storm event measuring; greater than 0 j inc as ccu d A single storm event may contain up to I 0 consecutive hours of no precipitation For example, f rai ours without producing any collectable discharge, and then stops, a sample may be collec a r m p odu discharge begins again within'the next 10 hours Representative Outfall Status When it is established thatff a dischar elof stormwater runoff from a single outfall is representative of the discharges at multiple ou a Is, the Q may grant representative outfall status Representative outfall status allows the permittd?MpgoFin analytical monitoring at a reduced number of outfalls Rinse Water Discharge The discharge of rinse water'from equipment cleaning areas associated with md'ustriabactivity Rinse waters from vehicle and equipment cleanmg areas are process wastewaters and do not include washwaters, utilizing any type of detergent or cleaning agent , Secondary Containment Spill contamment 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 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 Part VI Page 3 of 5 Pages 24 25 26 27 28 29 30 Permit No NCS000546 That meets at least one of the following criteria (1) Is listed in Appendix D of 40 CFR part 122 on Table 11 (organic priority pollutants), Table III (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants and hazardous substances), (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116 4, or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria Severe Property Damage Means substantial physical damage to property, damage to the contro acilities which causes them to become moperable,or substantial and permanent loss of natura rtes which can reasonably be expected to occur in the,absence of a bypass Severe prQe ty a e does t mean economic loss caused by delays -in production Significant Materials Includes, but is not limited to raw materials, fue to . is s h as solvents, detergents, and plastic pellets, finished materials such as metallic pro cts a ials used m ,food processing or production, hazardous substances designated under sec 1"0 14) CERCLA, any chemical the facility is required to report,pursuant'to section 313 of Title II SA lizers, pesticides; and waste products such,as ashes, slag and sludge that have the Att,�ntia o 1e6 with stormwater discharges Significant Spills Includes, but is not limite release bYoil or hazardous substances in excess of reportable quantities under section 31 1 of the 1 an Wat Act (Ref 40 CFR 110 10 and CFR 117 21) or section 102 of CERCLA (Ref- 40 CFR 02 Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall oras a result of snowmelt Stormwater Associated with Industrial Activity The discharge from any point source which.is used for collecting and conveying stormwater and which is directly related to manufacturing, pfocessmg,or raw material storage areas at an industrial site Facilities considered, to be,engaged in "industrial activities" include those activities defined in 40 CFR 122 26(b)(14) The term does not include discharges from facilities or activities excluded from the NPDES program Stormwater Pollution Prevention Plan A comprehensive site-specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site Ten Year Design Storm The maximum 24 hour precipitation event expected to be,equaled or exceeded on the average once in ten years Design storm information ,can be found in the State of North, Carolina Erosion and Sediment iControl Planning and Design Manual Part VI Page 4 of 5 Pages Permit No NCS000546 31, Total Flow The flow corresponding to the time period over which the entire storm,event occurs Total flow shall be either, (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow`at 20 minute intervals during the rainfall event 32 Total Maximum 'Daily Load (TMDL) A TMDL is,a calculation of the maximum amount of a pollutant that a waterbody,can receive3and 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 ljoads in a certain body of water to ,restore and maintain water quality standards in all seasons Th2jjA Water Act, Section 303, establishes the water quality standards and TMDL programs A 111k f 33 Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(I)f he Fa -n ]jWater Act 34 Unset Means an exceptional incident in whichlhi7te is conal and temporary -noncompliance with technology based permit effl t mi hon be of factors beyond the reasonable control of the permittee An upset does not i lu no o lance to the extent caused by operational error, improperly designed treatment or control f7ifie, ate,treatment or controlfacilities, lack of preventive maintenance, or careless or ion 35 Vehicle Maintenance Ac Vehicle rehabilitation, me ,ainting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations 36 Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye 37 '25 -year, 24 hour storm event The maximum, 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years Part VI Page 5 of 5 Pages