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HomeMy WebLinkAboutNCG110083_MONITORING INFO_20140514STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. Iv CC I(O O83 DOC TYPE SL HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ ab1 4 YYYYMM DD STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /v DOC-TYPE El HISTORICAL FILE 0 MONITORING REPORTS DOC,DATE 0 YYYYMMDD C I S�>k NC Division of Energy, Mineral and Land Resources NPDES Stormwater Permit Contacts Summary ?4� MetC-61- r ; r AD01 NC DEMIAI has the following contact information in our Permit Database for our permit as of 5/14/2014. Permit Number: NCG110083 Permit Type: Municipal WWTP > Facility Name: Qgtawba River eQkution Control Facility Facility Addressi: 1000 Vine ArdmRd Facility Address2: City, State & Zip: Morganton, NC 28680 Owner jnformatio eta'Is: ,'` =:4 _ w-�.,.w -tn-�+.r-,•.��. ., xax�r •n .4 . , nti ,-�*� ,_�•�- � - � -: �r , _ s te.� .. 4, f:y �=s�':�.an.� , ,� �'�. M115T sabmit a�Change of Name/pwriershipform•�to DEMLRto make'any changes�to th�s'Owner�fnforrrtation. ' "' a.a "" - rr�.r- '�'''�d4rd'"T'�S +tt''?4s� '��J`Nder •G'' � ' :€�'tiF'i -' lt�f� �1�^i�e?ss af'3 ':��n>9'i�ilry: Y�l'_ p r ' � =i��� +See• Miscellaneous'Farms athtt llnortal ncdenr:oml bllrinndes-starmwat r�„ s ,.- ,, :mot a:7'r �.^t- � 17`� • �::- ��. .a:.;� � ....�-�. � ,7'..x Owner Name: Owner Type: City of Morganton Government - Municipal Owner Type Group: Organization Owner Affiliation: Mel S Cohen Title: Addressi: PO Box 3448 Address2: City, state & Zip: Moroanton. NC-28655-4.850 Work Phone: 828-438-5228 Fax: 828.432-2669 Email Address: Contact Name ra@ Address Phone Ea EMAH Brad € Boris PO Box 3448, Morganton, NC 828-438-5285 bboris@d.mgrganton 28655-9850 nc.us Lee Anderson PO Box 3448, Morganton, NC 28655.9850 FaciIR Contact?P,,erson($),4' :. Col3USt Nil[ne Title 8ddtesl Phone Fax Email ,Jaremy-Edwardr City Of Morganton, PO Box 3448, 828-438-5375 828-433.8593 4eremyrees@yahoox _Rees--- Morganton, NC 28680-3448 -em-- Aermtt Contact Name Ifti@ Address Phone FPS Em;sll �en'� �C1.W"r10nm, nC.t S 5/14/2014 Page Permit No, NCG210000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG210000 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of stormwater to the surface waters of North Carolina or separate storm sewer systems conveying stormwater to surface waters in accordance with the terms and conditions set forth herein. Coverage under this general permit is applicable to all owners or operators of stormwater point source discharges associated with activities classified as establishments primarily engaged in Timber Products [standard industrial classification (SIC) 24]; and like activities deemed by DWQ to be similar in the process and/or the exposure of raw materials, products, by-products, or waste materials. The following activities are specifically excluded from coverage under this General Permit: Wood Kitchen Cabinets [SIC 2434], Wood Preserving [SIC 2491] and Wood Chip Mills. The General Permit shall become effective on August 1, 2008. The General Permit shall expire at midnight on July 31, 2013. Signed this day July 25, 2008. Coleen H. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCG210000 a TABLE OF CONTENTS PART I INTRODUCTION Section A: General Permit Coverage Section B: Permitted Activities PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS Section A: Compliance and Liability I . Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. General Permit Expiration 2. Transfers 3. When an Individual Permit May be Required 4. When an Individual Permit May be Requested 5. Signatory Requirements 6. General Permit Modification, Revocation and Reissuance, or Termination 0. i n Permit No. NCG210000 7. Certificate of Coverage Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10, Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No. NCG210000 PART I INTRODUCTION SECTION A: GENERAL PERMIT COVERAGE All persons desiring to be covered by this General Permit must register with the Division of ,, Water Quality by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to any discharge of stormwater associated with industrial activity that has a point source discharge to the surface waters of the state. Any owner or operator not wishing to be covered or limited by this ,General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the 'request. Any application for an individual permit should be made at least 180 days prior to commencement of discharge. This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has Been revoked. Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be revoked and coverage under this General Permit be provided. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. 'Any owner or operator wishing to obtain a No Exposure Certification must submit a No Exposure Certification .NOI form to,the Division, must receive approval by the Division, must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit, and must reapply for the No Exposure Exclusion once every five (5) years. - ,1. : t .Facilities submitting NOIs for -coverage under this permit, and facilities submitting renewal forms for continued coverage under this permit;'prior to establishment or approval of a Total Maximum Daily Load (TMDL) for pollutant(s) fovstormwater. discharges .(i.e. wet weather flows), may be covered under this permit during its term. For such facilities, continued coverage under the reissuance of this permit is subject to the facility demonstrating that it does not have a reasonable potential to violate applicable water quality standards for such pollutants due to the stormwater discharge(s). For facilities that do have a reasonable potential for violation of applicable water quality standards due to the stormwater discharge(s), the facility shall apply for an. individual permit 180 days prior to the expiration of.this general permit. Once the individual permit is issued and becomes effective the,facilit -- %fill no iongenhave.coverage under the general permit. Impaired waters scheduled for TMDL development'are on North Carolina's 303(d) List and can�be:found here: http://h2o.enr.state.ne.us/tmdl/General 303d,.htm,#Downloads. A list of approved TMDLs for. the state of North Carolina can be found here: http://h2o.enr.state.6c.us/tmdl/General_TMDLs:htm. During the period beginning on the effective date of the permivand 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. Part I Page 1 of 2 Permit No. NCG210000 SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this General Permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. This General Permit does not allow discharges determined by the Division of Water Quality to be wastewaters. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 2 of 2 Permit No. NCG210000 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan,,herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part 111, Standard Conditions, Section E, Paragraph 3 of this general permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan, shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface- waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge. The general location map (or alternatively the site map) shall identify whether each receiving,water is impaired (on the state's 303(d) list of impaired waters) or is located in a watershed for which a TMDL has been established, and what the parameter(s) of concern are. North Carolina's 303(d) List can be found here: http://h2a.enr.state.ne.us/tmdI/General_303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enr.state.nc.us/tmdl/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 1I Page 1 of 10 Permit No. NCG210000 (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B. Paragraph 5. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected 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 stonnwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMP) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 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 Part 11 Page-'! of 10 Permit No. NCG2I0000 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 titres during facility operations that have the potential to contaminate stormwater'rtinoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed. The program shall list all stbrmwater control systems, stormwater discharge'outfalls all on -site and adjacent surface -waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul,roads); all drainage features and structures; and existing structural BMPs. The program shall establish schedules of inspections, maintenance, -and housekeeping activities of stormwater control systems, as well as facility equipment; facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the, established schedules for inspections, maintenance, and housekeeping shall be recorded" in writing and maintained in'the SPPP. S. Employee Training. Training programs shall be developed and trainin'g'provided at a minimum on an IannuaI basis for facility`personnel'with'responsibilities for: spill response and,cleanup,'pre.ventative'maintenance' activities, and for any of the facility's operations that have -the potential to contaminate,stordiwater runoff. Facility personnel (or team) responsible for.implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 6. Responsible Party. The-Stormwater Pollution Prevention Plan shall identify a specific position(s).responsible for the overall coordination, development,'implementation, and revision to the Plan. Responsibilities for all` components of the Plan'shall be documented and position'as'signments'provided. Plan Amendment. The'permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution Prevention Plan•shall be reviewed and updated on in 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 ihat 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 effectiveness of the BMPs listed in the,BMP Summary of the Stormwate'r Management Plan. The Director'nmay notify tl e.permittee H,hen the'Plan-does not meet one or more of the minimum requirements of the permit: Within 30 days of,such:notice, the'permittee shall submira time schedule to the Directar'for'modifying the Plan to meet minimum Part 11 Page 3 of 10 Permit No. NCG210000 requirements. The permittee shall provide certification in writing (in accordance with Part Ili, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. 8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part II of this permit. 9. Implementation. The permittee shall implement the Plan. Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or the Director's authorized representative immediately upon request. SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table I. A facility that does not retain exposed (either exposed to incident precipitation or exposed to stormwater run on) piles of sawdust, wood chips, bark, mulch, or other similar material on site for more than seven (7) days before removing the material is not required to monitor the parameters in Table 1. A facility that is exempt from analytical monitoring on this basis of removing material in seven (7) days or less shall keep in its SPPP a record of dates when the material is generated and removed, and how/by whom it was removed. If at any time the material is not removed within this time frame, the facility must begin analytical monitoring immediately. All facilities covered by this permit must perform Qualitative Monitoring In Section C. of this Part. Table 1. Analytical Monitoring Requirements Imscharge haracteristics,M,, �, tJnitsa, �: Measurement ' F�c uencvl;:fi Sarn lc T tee " Sample ,Loc ation) H standard semi-annual Grab SDO Chemical Oxygen Demand m l semi-annual Grab SDO Total Suspended Solids m I semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain gauge - Footnotes: I Measurement Frequency: Twice per year during a representative storm event. 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 from the pond. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. Part 11 Page 4 of 10 Permit No. NCG210000 No monitoring is required if the facility does not retain exposed piles of sawdust, wood chips, bark, mulch, or other similar material on site for more than seven (7) days. If a facility opts out of monitoring on the basis of removing accumulated material in seven (7) days or less, the facility shall record and maintain a log in its SPPP of dates of when material is generated and removed, and details about how/by whom it was removed. All analytical monitoring shall be performed during a representative storm event at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. The permittee shall complete the analytical samplings in accordance with the schedule specified in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Table 2. Monitoring Schedule IVlonitoring period � :;S" inple ' '.. '' F ' ` `' ` Start #;t. FI Year I — Period 1 ' 1 'August 1, 2008 December 31, 2008 Year 1— Period 2 2 ` January 1,'2009 June 30,'2009 Year 2 -- Period 1 3 July 1, 2009 December 31, 2009 Year 2-- Period 24 January 1, 2010 June 30, 2010 Year 3 — Period 1 5 July 1, 2010 December 31, 2010 Year 3 — Period 2 6 January 1, 2011 June 30, 2011 Year 4 --.Period 1 7, July"l, 2011 December 31,.2011 Year 4 --.Period 2 8 January 1, 2012 Julie 30, 2012 Year'5 —Period 1... 9 July 1, 2012 December 31, 2012 Year 5 — Period 2 1.0 January 1; 2013 , July 31, 2013 Footnotes: 1 Maintain semi-annual monitoring during permit renewal process. if at the expiration of the general permit, the permittee has,submitted an appIlication for renewal of coverage before the submittal, deadline; the permittee will be considered for renewed coverage. The applicant must continue semi-annual monitoring until the renewed'Certificate of Coverage is issued. 2 if no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. In all cases,1he permittee shall report the analytical results from the first sample with valid results within the monitoring period. The permittee shall compare those results to the benchmark values in Table 3. Exceedences of benchmark values require the permittee to increase monitoring, increase Part 1I Page 5 of 10 =, Permit No. NCG210000 management actions, increase record keeping, and/or install storrwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two response actions. Table 3. Benchmark Values for Analvtical Monitorine Requirements I)�schat `e'Cha'rHetei ist�ics -�4 4, ''liteiichniark Value' H Within the range 6.0 - 9.0 Chemical Ox en Demand 120 mg/1 Total Suspended Solids I 100 mg/1 Tien One If: The first valid sampling results are above a benchmark value, or outside of the benchmark ranize, for any parameter at any outfall; Then: The permittee shall: l . Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were Part II Page 6 of 10 Permit No. NCG210000 7"ierrwt If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of the benchmark range, for any specific parameter at a mecific discharge outfall; Then: The permittee shall: l . Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values or within the benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a. monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions,,the. permittee shall notify�the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may: • require that the permittee revise, increase, or decrease the monitoring frequency -for the remainder of permit; • rescind coverage under the General Permit; and require that the permittee apply for an individual stormv�,ater discharge permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater, control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 4. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls must be performed during a representative storm event. Part II Page 7 of 10 Permit No. NCG210000 Table 4. Qualitative Monitoring Requirements 1)iscWrge,Cha1 acteristics Ft etluene : -r' N onitoring Loeatu)rtl>' Color Semi -Annual SDO Odor Semi -Annual SDO Clari Semi -Annual SDO floating Solids Semi -Annual SDO Suspended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO Erosion or deposition at the outfall Semi -Annual SDO Other obvious indicators of stormwater pollution Semi -Annual SDO Footnotes: 1 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. If the permittee's qualitative monitoring indicates either that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions appropriate. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. Qualitative monitoring is for the purposes of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP), assessing new sources of stormwater pollution, and prompting the permittee's response actions to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, DWQ may: • require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • rescind coverage under the General Permit, and require that the permittee apply for an individual stormwater discharge permit, • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify-- for the No Exposure Exclusion. Qualitative monitoring will be performed twice per year, in accordance with the schedule in Table 2. A minimum of 60 days must separate Period f and Period 2 monitoring dates, unless monthly sampling has been instituted under a Tier Two response as part of other analytical monitoring requirements in this permit. Part lI Page 8 of 10 Permit No. NCG210000 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 in Table 5. This monitoring shall be performed at all outfalls which discharge stormwater runoff from the vehicle -maintenance areas, and in accordance with the schedule presented in Table 2. All analytical monitoring shall be performed during a representative storm event. Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance llrsrha,rge Clraracter`isties ;Units' ;: : Measurement Frc ` nenc :l � >Samplet ;k Type , Sam le°'�' .Locatiori H standard semi-annual Grab SDO Oil and Grease m /l semi-annual Grab SDO , Total Suspended Solids mg/1 semi-annual Grab SDO Total Rainfa114 inches semi-annual Rain Lauge New Motor Oil Usagegallons/month annual Estimate Footnotes: I • 1. Measurement Frequency: Twice per year during a representative storm event 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 from the pond. , 3 Sample Location: Samples shall be collected at each stortnwater discharge outfall (SDO) that.discharges stormwater runoff from area(s) where vehicle maintenance activities occur. - 4 For each sampled representative storm event the total orecioitation must be recorded. An on -site or local rain gauge reading must be recorded. In all cases, the permittee shall report the analytical results from the first sample with,valid results within the monitoring -.period. The permittee shall,compare those -results to the Benchmark values in Table 6. Exceedences of benchmark values're'quire the permittee. to increase monitoring, in management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a -tiered program. The permittee shall comply w�.th the required Tier One and Tier Two. response actions. identified above. Table 6. Benchmark Values for On -Site -Vehicle Maintenance Activities Aischar a Charaeteristirs Cut-off' Concentration H : Within ran e 6.0 '- 9 0 , . 'Oil and Grease 30 m /l Total Sus end ed Solids - l00 m.,:1:. .W .. ... Part I1 Page 9 of TO Permit No. NCG210000 During the term of this pennit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions, the permittee shall notify the DWQ Regional Office Supervisor in 'wTiting within 30 days of receipt of the fourth analytical results. DWQ may: • require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • rescind coverage under the General Permit, and require that the pennittee apply for an individual stormwater discharge permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. PartIl Page 10 of 10 Permit No. NCG210000 PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing facilities already operating, but applying for coverage under this general permit for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial Certificate -of Coverage issued pursuant to this general permit and updated thereafter on an annual basis. Secondary containment, as specified in Part II,. Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial Certificate of Coverage. New facilities applying for permit coverage for the first time and existing facilities previously permitted and applying for renewal under this general permit: All requirements, conditions, limitations, and controls contained in this permit become effective immediately upon issuance of the Certificate of Coverage. The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation.of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to ComUly_ The permittee must comply with all conditions of this general permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for certificate of coverage termination, revocation and reissuance, or modification; or denial of a certificate of coverage upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than i year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an Part III Page 1 of 11 Pages Permit No. NCG210000 administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed S 125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] c. Understate law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Director for.violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class 11 violations are not to exceed S 10,000 per day for each day during which the violation continues, with the maximum amount of any Class I1 penalty not to exceed S 125,000. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Section D of this permit regarding bypassing of stormwater control facilities, nothing in this general 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. Oil and Hazardous Substance Liability Nothing in this general permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq, or Section 311 of the Federal Act, 33 USC 1321. 6. P_roperty_ Rights The issuance of this general permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. Part III Page 2 of 11 Pages Permit No. NCG210000 7. Severability. . The provisions of this general permit are severable, and if any provision of this general permit, or the application of any provision of this general permit to any circumstances, is held` invalid, the application of such provision to other circumstances, and the remainder of this general permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall, furnish to the Director, within a reasonable time, any information which the'Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general permit or to determine compliance with this general permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this general permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this general permit shall; upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per Violation, or byboth. If a conviction of a person is for a violation committed after a first conviction of such'person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports The'Clean Water'Act provides thavany person who knowingly makes any false statement;`representation, or -certification in any record or other document submitted or required to be`maintained under this general permit, including monitoring reports or reports ofcompliance 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 General Permit Expiration The, permittee is not authorized to discharge of er the expiration date. In'order to'receive automatic,authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as'afd`required by'the agency authorized to issue permits no later than 180 days prior to the expiration date. ' Any p6 " ittee'that has not requested'renewal of 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. Part -III page 3 of 11 Pages Permit No. NCG210000 2. Transfers The certificate of coverage issued pursuant to this general 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 certificate of coverage to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required to notify the Division in writing in the event the permit is sold or closed. Permittee is required to notify the Division in the event the permitted facility is sold or closed, When an Individual Permit May be Required The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual permit or an alternative general permit. Any interested person may petition the Director to take action under this paragraph. Cases where an individual permit may be required include, but are not limited to, the following: a. The discharger is a significant contributor of pollutants; b. Conditions at the permitted site change, altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a general permit; C. The discharge violates the terms or conditions of this general permit; d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; e. Effluent limitations are promulgated for the point sources covered by this general permit; f. A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit. g. The Director determines at his own discretion that an individual permit is required. 4. When an Individual Permit May be Requested Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit. When an individual permit is issued to an owmer/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit. Part III Page 4 of I I Pages Permit No. NCG210000 Signatory .Requirements All applications, reports, or information submitted to the Director shall be signed and certified: a. All notices of intent to be covered under this general permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functionsTor 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 general 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 imnager,'operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for'environmental matters for the company. (A duly authorized representative may thus. be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Atiy person signing a document larder paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of lava, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, Part III ' Page 5 of 1 I Pages" Permit No. NCG210000 and complete. 1 am aware that there are significant penalties foi- submitting false information, including the possibility of fines and imprisonment for knowing violations." 6. General Permit Modification, Revocation and Reissuance, or Termination The issuance of this general permit does not prohibit the Director from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general 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. aI. After public notice and opportunity for a hearing, the general permit may be terminated for cause. The filing of a request for a general permit modification, revocation and reissuance, or termination does not stay any general permit condition. The certificate of coverage shall expire when the general permit is terminated. Certificate of Coverage _Actions The certificate of coverage issued in accordance with this general permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any general permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times property 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 general permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the general permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: . Part III Page 6 of I I Pages Permit No. NCG210000 Bypass was unavoidable to prevent toss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such, as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and The permittee submitted notices as required under Section E of this Part. if the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of v' ater, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recording Results For each'measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this general permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; c. - The date(s) analyses were performed; . d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Part 111 Page 7 of 11 Pages Permit No. NCG210000 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this general 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 Qutfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this general permit for a period of at'least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by Iaw, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this general permit; Part III Page 8 of I I Pages Permit No. NCG210000 b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this general permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and , d. Sample or monitor at reasonable times, for the purposes of assuring general permit compliance or as otherwise authorized by the Clean Water Act, any substances br parameters at any Iocation. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance ,with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the six- month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative' Monitoring Report form provided by the Division, and shall retain the completed forms on site Visual monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. 2. Submittinjeports Duplicate signed copies of all reports required herein, shall be submitted to -the following address: Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part.111 Page 9 of I 1 Pages Permit No. NCG210000 Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this general permit coincides with a non- stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the�permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the general 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 general pen -nit requirements. 7. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance Part III Page 10 of 11 Pages Permit No. NCG210000 has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 10. 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 general permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 11 of 11 Pages Permit No. NCG210000 PART IV LIMITATIONS REOPENER This general permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the general permit; or b. Controls any pollutant not limited in the general permit. The general permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Certificate of Coverage. PART VI DEFINITIONS I. Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the storniwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, Part IV, V, and VI Page I of 6 Pages Permit No. NCG210000 waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Management Practices (BMPs), Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies the general permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. 10. Director The Director of the Division of Water Quality, the permit issuing authority. 11. EMC The North Carolina Environmental Management Commission.. Part IV, V, and VI Page 2 of 6 Pages Permit No. NCG210000 12. Grab Sample An individual samples collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 16. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, rawmaterials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR § 122.26(g) 17. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a general permit. 18. 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. 19. Pennittee The owner or operator issued a certificate of coverage pursuant to this general permit. Part IV, V, and VI Page 3 of 6 Pages Permit No. NCG210000 20. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 21. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 22. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 24. 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. 25. ' 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 C. 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); Part IV, V, and VI Page 4 of 6 Pages Permit No. NCG210000 (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. 26. Severe Property Dama e 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. 27. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. ` 28. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 30. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 31. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. Part IV, V, and VI Page 5 of 6 Pages Permit No. NCG2 i 0000 32. Ten „Year Design Storm The maximum 24-hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. 33. 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. 34. Total Maximum Daily Load TMDL TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. (A list of approved TMDLs for the state of North Carolina can be found at http://h2o.enr.state.nc.us/tmdl/) 35. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 36. 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. 37. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 38. 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. 39, 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 1V, V, and VI Page 6 of 6 Pages Permit NCG 110000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG110000 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of stormwater to the surface waters of North Carolina or separate storm sewer systems conveying stormwater to surface waters in accordance with the terms and conditions set forth herein. Coverage under this general permit is applicable to all owners or operators of stormwater point source discharges associated with activities: classified as Treatment Works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage, with a design flow of 1.0 million gallons per day or more, or facilities which are required to have an approved pretreatment program under Title 40 CFR Part 403, including lands dedicated to the disposal of sewage sludge that is located within the confines of the facility, and like activities deemed by DWQ to be similar in the process and/or the exposure of raw materials, products, by-products, or waste materials. The General Permit shall become effective on June 1, 2008. The General Permit shall expire at midnight on May 31, 2013. Signed this day May 9, 2008. Original signed for Coleen Sullins Coleen H. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCG1 10000 TABLE OF CONTENTS PART I INTRODUCTION Section A: General Permit Coverage Section B: Permitted Activities PART fi MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Qualitative Monitoring Requirements Section C: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS Section A: Compliance and Liability I. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6, Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. General Permit Expiration 2. Transfers 3. When an Individual Permit May be Required 4. When an Individual Permit May be Requested 5. Signatory Requirements Permit No. NCGI 10000 6. General Permit Modification, Revocation and Reissuance, or Termination 7. Certificate of Coverage Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records I. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Non-Stormwater Discharges 6. Representative Outfall 7. Records Retention 8. Inspection and Entry Section E: Reporting Requirements . Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS I Permit No. NCG 1 10000 PART I INTRODUCTION SECTION A: GENERAL PERMIT COVERAGE All persons desiring to be covered by this General Permit must register with the Division of Water Quality by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to any discharge of stormwater associated with industrial activity that has a point source discharge to the surface waters of the state. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 days prior to commencement of discharge. This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been revoked. Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be revoked and coverage under this General Permit be provided. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must submit a No Exposure Certification NOI form to the Division, must receive approval by the Division, must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit, and must reapply for the No Exposure Exclusion once every five (5) years. Facilities submitting NOIs for coverage under this permit, and facilities submitting renewal forms for continued coverage under this permit, prior to establishment or approval of a Total Maximum Daily Load (TMDL) for pollutant(s) for stormwater discharges (i.e. wet weather flows), may be covered under this permit during its term. For such facilities, continued coverage under the reissuance of this permit is subject to the facility demonstrating that it does not have a reasonable -potential to violate applicable water quality standards for such pollutants due to the stormwater discharge(s). For facilities that do have a reasonable potential for violation of applicable water quality standards due to the stormwater discharge(s), the facility shall apply for an individual permit. 180 days prior to the expiration of this general permit. Once the individual permit is issued and becomes effective the facility will no longer have coverage under the general permit. Impaired waters scheduled for TMDL development are on North Carolina's 303(d) List and can be found here: http./Ih2o.enr.state.nc.us/tmdl/General_303d.htm#Downloads. A list of approved TMDLs for the state of North Carolina can be found here: http://h2o.enr.state.ne.us/tmdllGeneral_TMDLs.htm. 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. Part I Page 1 of 2 Permit No. NCG1 10000 SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the Surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this General Permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 2 of 2 Permit No. NCG 110000 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this general permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge. The general location map (or alternatively the site map) should identify whether each receiving water is impaired (on the state's 303(d) list of impaired waters) or is located in a watershed for which a TMDL has been established, and what the parameter(s) of concern are. North Carolina's 303(d) List can be found here: http://h2o.enr.state.ne.us/tmdl/Gencral_303d.htm#Downloads North Carolina TMDL documents can be found here: httn /At2o.enr.state.nc.tis/tmdl/`'Ml)l,_list.htin inal_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 points, 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, direction of flow, drainage areas for each outfall, industrial activities occurring in each drainage area, buildings, existing and proposed 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 1 of 8 Permit No. NCG 110000 (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 S. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations by permanent or semi -permanent covers. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained, and shall record the volume capacity of each tank and containment area. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism), and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, diversion structures, secondary containment structures, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. Part II Page 2 of 8 Permit No. NCGI 10000 Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program, A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. The program shall specifically identify industrial areas that have the potential for soil erosion, and must specifically note the preventative BMP or maintenance activity implemented in the areas, and must include regular inspections of the areas. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The 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. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. Facility Inspection Program. Inspections of the facility and all stormwater systems shall occur at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 Part 11 Page 3 of 8 Permit No. NCG 110000 days separating inspection dates (unless performed more frequently). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systerns. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part I1 of this permit. 9. Implementation. The permittee shall implement the Plan. Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or the Director's authorized representative immediately upon request. SECTION B: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 1. No analytical tests are required. Qualitative monitoring of stormwater outfalls must be performed during a representative storm event. A representative storm event is a storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. Part II Page 4 of 8 Permit No. NCG 110000 Table 1. Qualitative Monitoring Require ents Discharge Characteristics Frequency Monitoring Location1l Color Semi -Annual SDO Odor Semi -Annual SDO Clarity Semi -Annual SDO Floating Solids Semi -Annual SDO Sus ended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO Erosion or deposition at the outfall Semi -Annual SDO Other obvious indicators of stormwater pollution Semi -Annual SDO Footnotes: I Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. If the permittee's qualitative monitoring indicates either that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions appropriate. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. Qualitative monitoring is for the purposes of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP), assessing new sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, DWQ may: • require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • rescind coverage under the General Permit, and require that the pertittee apply for an individual stormwater discharge permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. Part H Page 5 of 8 Permit No. NCG 110000 Qualitative monitoring will be performed twice per year, in accordance with the schedule in Table 2. A minimum of 60 days must separate Period I and Period 2 monitoring dates, unless monthly sampling has been instituted under a Tier Two response for vehicle maintenance activity areas. Table 2. Monitoring Schedule Monitoring periodt12 Event Number Start End Year] — Period I 1 July I, 2008 December 31, 2008 Year I— Period 2 2 January 1, 2009 June 30, 2009 Year 2 —Period 1 3 July 1, 2009 December 31, 2009 Year 2 — Period 2 4 January 1, 2010 June 30, 2010 Year 3 — Period I 5 July 1, 2010 December 31, 2010 Year 3 — Period 2 6 January 1, 2011 June 30, 2011 Year 4 — Period 1 7 July 1, 2011 December 31, 2011 Year 4 — Period 2 8 January 1, 2012 June 30, 2012 Year 5 —Period 1 9 July 1, 2012 December 31, 2012 Year 5 — Period 2 10 January 1, 2013 May 31, 2013 Footnotes: 1 Maintain semi-annual monitoring during permit renewal process. If at the expiration of the general permit, the permittee has submitted an application for renewal of coverage before the submittal deadline, the permittee will be considered for renewed coverage. The applicant must continue semi-annual monitoring until the renewed Certificate of Coverage is issued. 2 If analytical monitoring applies, but no discharge occurs during the monitoring period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month monitoring period. SECTION C: 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 oiI per month when averaged over the calendar year shall perform analytical monitoring as specified in Table 3. This monitoring shall be performed at all outfalls which discharge stormwater runoff from the vehicle maintenance areas, and in accordance with the schedule presented in Table 2. All analytical monitoring shall be performed during a representative storm event. Table 3. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Fre uenc i Sample Type2 Sample Location3 H standard semi-annual Grab SDO Oil and Grease m 11 semi-annual Grab SDO Total Suspended Solids mg/1 semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain gauge New Motor Oil Usa a t gallons/month semi-annual Estimate - Footnotes: I Measurement Frequency: Twice per year during a representative storm event. Part II Page 6 of 8 Permit No. NCG 110000 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the pond shall he collected within the first 30 minutes of discharge from the pond, Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must he recorded, In all cases, the permittee shall report the analytical results from the first sample with valid results within the monitoring period. The permittee shall compare those results to the benchmark values in Table 4. Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Table 4. Benchmark Values for On -Site Vehicle Maintenance Activities Dischar a Characteristics Benchmark Value Hl Within range 6.0 - 9.0 Oil and Grease 30 m /l Total Suspended Solids 100 mg/1 Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark for any parameter at any outfalI; Then: The permittee shall: I. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations to within the benchmark range. 4. Implement the selected actions within two months of the inspection. S. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Part II Page 7 of 8 Permit No. NCG 110000 Tier Two If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall; Then: The permittee shall: I . Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive valid samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values, or within the benchmark range. 3. if no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may: • require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • rescind coverage under the General Permit, and require that the permittee apply for an individual stormwater discharge permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. Part II Page 8 of 8 Permit No. NCG 110000 PART III STANDARD CONDITIONS FOR NPOES STORMWATER GENERAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing facilities already operating, but applying for coverage under this general permit for the first time: The Stortnwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial Certificate of Coverage issued pursuant to this general permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial Certificate of Coverage. New facilities applying for permit coverage for the first time and existing facilities previously permitted and applying for renewal under this general permit: All requirements, conditions, limitations, and controls contained in this permit become effective immediately upon issuance of the Certificate of Coverage. The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. Duty to_Comply. The permittee must comply with all 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 renewal application. (a) The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions , even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or Part III Page 1 of I 1 Permit No. NCG 110000 both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] (c) Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. (d) Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,500. Penalties for Class I1 violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class Il penalty not to exceed $125,000. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liabilit Except as provided in Section C of this permit regarding bypassing of stormwater control facilities, nothing in this general permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143- 215.3, 143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liability Nothing in this general 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. 6. Property Rights The issuance of this general permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Part III Page 2 of 1 1 Permit No. NCG 110000 Sevcrability The provisions of this general permit are severable, and if any provision of this general permit, or the application of any provision of this general permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this general permit, shall not be affected thereby. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general permit or to determine compliance with this general permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this general permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this general permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this general 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 General Permit Expiration The permitter is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the pertnittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any pertnittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be Part III Page 3 of Permit No. NCG110000 subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. Transfers The certificate of coverage issued pursuant to this general 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 certificate of coverage to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Yermittee is required to notify the Division in the event the permitted facility is sold or closed. 3. When an Individual Permit May be Required The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual permit or coverage under an alternative general permit. Any interested person may petition the Director to take action under this paragraph. Cases where an individual permit may be required include, but are not limited to, the following: The discharger is a significant contributor of pollutants; b. Conditions at the permitted site change, altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a general permit; The discharge violates the terms or conditions of this general permit; d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; Effluent limitations are promulgated for the point sources covered by this general permit; A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit. g. The Director determines at his own discretion that an individual permit is required. 4. When an Individual Permit May be Requested Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit. Signatory Requirements Part III Page 4 of 1 1 Permit No. NCG1 IOOCO All applications, reports, or information submitted to the Director shall be signed and certified. a. All notices of intent to be covered under this general permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice-president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity:: by a principal executive officer, ranking elected official, or other duly authorized employee. b. All reports required by the general permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part III Page 5 of 1 I Permit No. NCG 110000 General Permit Modification, Revocation and Reissuance, or Termination The issuance of this general permit does not prohibit the Director from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143- 215.1 et. al. After public notice and opportunity for a hearing, the general permit may be terminated for cause. The filing of a request for a general permit modification, revocation and reissuance, or termination does not stay any general permit condition. The certificate of coverage shall expire when the general permit is terminated. Certificate of Coverage Actions The certificate of coverage issued in accordance with this general permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any general permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times property 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 general permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permitter only when the operation is necessary to achieve compliance with the conditions of the general 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 general permit. Bypassing 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 6 of I 1 Permit No. NCG 1 10000 b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equiprent downtime or preventive maintenance; and The permittee submitted notices as required under Section L~ of this Part. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recordin Results esults For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this general permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; The individual(s) who performed the sampling, measurements, inspection or maintenance activity; The date(s) analyses were performed; The individual(s) who performed the analyses; The analytical techniques or methods used; and The results of such analyses. Flow Measurements Part III Page 7 of I 1 Permit No. NCG 1 10000 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 Ci~R 136. To meet the intent of the monitoring required by this general 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. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Qualitative monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this general permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a, Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this general permit; Part III Page 8 of I 1 Permit No. NCG t 10000 b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this general permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and d. Sample or monitor at reasonable tithes, for the purposes of assuring general permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS l . Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the six- month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 0213.0506. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division, and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Availability of Reports Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part III Page 9 of l 1 Permit No. NCG 1 10000 Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non-Sto_r_mwater Discharges If the storm event monitored in accordance with this general permit coincides with a non- stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the general 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 general permit requirements. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming; a,,vare of an unanticipated bypass. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance Part III Page 10 of I 1 Permit No. NCG I 10000 has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 10. 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 general permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page I I of 11 Permit No. NCG 110000 PART IV LIMITATIONS REOPENER This general permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the general permit; or b. Controls any pollutant not limited in the general permit. The general permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Certificate of Coverage. PART VI DEFINITIONS Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. Parts IV, V and VI Page 1 of 7 Permit No. NCG 110000 (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies the general permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director, Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Division or DWQ The Division of Water Quality, Department of Environment and Natural Resources. 10, Director The Director of the Division of Water Quality, the permit issuing authority. Part VI Page 2 of 7 Pages Permit No. NCG 110000 11. EMC The North Carolina Environmental Management Commission. 12. Grab Sample An individual samples collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 16. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR § 122.26(g) 17. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a general permit. 18. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. Part VI Page 3 of 7 Pages Permit No. NCG l 10000 19. Permittee The owner or operator issued a certificate of coverage pursuant to this general permit. 20. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state, 21. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 22. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 24. 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. 25. 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 4 of 7 Pages Permit No. NCGI 10000 That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table 11 (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the CWA at 40 CFR 1 ] 6.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 26. 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. 27. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with Stormwater discharges. 28. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 1 17.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 30. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. Part VI Page 5 of 7 Pages Permit No. NCG 110000 31. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 32. Ten Year Design Storm The maximum 24-hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. 33. 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. 34. Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific waterbody and pollutant. (A list of approved TMDLs for the state of North Carolina can be found at http:/Ah2o.enr.state.nc.us/tmdl/) 35. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 36, 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 perrnittee. 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. 37. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. Part VI Page 6 of 7 Pages Permit No. NCG110000 38. 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. 39. 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 7 of 7 Pages 1�1 OF W A 7-F9 r 1� Y July 17, 2008 Mel Cohen City of Morganton PO Box 3448 Morganton, NC 286803448 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Subject: NPDES Stormwater Permit Coverage Renewal Catawba River Pollution Control Facility COC Number NCG110083 BurkeCounty Dear Permittee: In response to your renewal application for continued coverage under stormwater General Permit NCG110000 the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater General Permit. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated October 15, 2007 (or as subsequently amended.) I The following information is included with your permit package: • A new Certificate of Coverage • A copy of stormwater General Permit NCG110000 • A copy of a Technical Bulletin for the General Permit • Five copies of the Discharge Monitoring Report (DMR) Form • Five copies of the Qualitative Monitoring Report Form The General Permit authorizes discharges of stormwater only, and it specifies your obligations with respect to stormwater discharge controls, management, monitoring, and record keeping. Please review the new permit to familiarize yourself with all the changes inthereissued permit. The more significant changes in the General Permit since the your last Certificate of Coverage include the following: • Permit cover page — Coverage is expanded to include industrial activities similar to the categorically identified industries. • Part I Section A — This part explains that the No Exposure Exclusion from permitting option may be available to the permittee.i • Part 11 Section A — Several minor expansions and clarifications of the required content of the Stormwater Pollution Preventio6 Plan have been added. Please be sure that your plan is updated to comply with the new requirements. • Part II Section B — Qualitative monitoring must now be conducted during a representative storm event. • Part II Section B — The permittee is required to keep a written record of his response to problems identified by his qualitative monitoring observations. + Part 11 Section C - For facilities with vehicle maintenance activities using more than 55 gallons of new motor oil per month, new provisions require that discharges from the vehicle maintenance areas be sampled twice per year, and that the sampling 'results be compared to new numerical benchmark values. (The previous cutoff concentrations have been eliminated.) • Part 11 Section C -- For facilities with vehicle maintenance activities using more than 55 gallons of new motor oil per month, new provisions require the permittee to execute Tier One and Tier Two response actions, based on the first benchmark exceeden'ce (Tier One) and the second consecutive benchmark exceedence (Tier Two). Tier Two requires that the permittee institute monthly monitoring instead of twice -per -year monitoring, until three consecutive monitoring events show no benchmark exceedences. • Part II Section C — This part contains a new provision that four exceedences of any particular benchmark will trigger increased DWQ involvement in the permittee's stormwater management and control actions. DWQ may direct the permittee: to apply for an individual permit, or may direct the implementation or installation of specific stormwater control measures. NoithCarolina Alatima!!J North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.ustsulstormwater.html 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-9612 I-877-623-6748 i An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Your coverage under the General Permit is transferable only through the specific action of DWQ. This permit does not affect the legal requirements to obtain other permits which may be required by DENR, nor does it relieve the permitlee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. If you have any questions regarding this permit package please contact Ken Pickleof the DWQ Stormwater Permitting Unit at (919) 807-6376. Sincerely, f- Coleen H. Sullins . cc: DWQ Central Files Stormwater Permitting Unit Files AshevilleRegional Office STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG110000 CERTIFICATE OF COVERAGE No. NCG110083 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended. City of Morganton is hereby authorized to discharge stormwater from a facility located at Catawba River Pollution Control Facility 1000 Vine Arden Rd Morganton BurkeCounty to receiving waters designated as CATAWBA RIVER (including backwaters of Rhodhiss Lake below elevation 995), a class WS-IV;CA in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, IV, V, and VI of General Permit No. NCG110000 as attached. This certificate of coverage shall become effective July 17, 2008. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day July 17, 2008. for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NCG050000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG050000 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of stormwater to the surface waters of North Carolina or separate storm sewer systems conveying stormwater to surface waters in accordance with the terms and conditions set forth herein. Coverage under this general permit is applicable to all owners or operators of stormwater point source discharges associated with activities classified as establishments primarily engaged in: Apparel and Other Finished Products Made from Fabrics and Similar Materials [standard industrial classification (SIC) 23], Printing Publishing and AIlied Industries [SIC 27], Converted Paper and Paperboard Products [SIC 267], Paperboard Containers and Boxes [SIC 265], Miscellaneous Manufacturing Industries [SIC 39], Leather and Leather Products [SIC 31], and Rubber and Miscellaneous Products [SIC 30]; and like activities deemed by DWQ to be similar in the process and/or the exposure of raw materials, products, by-products, or waste materials. The following activities are specifically excluded from coverage under this General Permit: Leather Tanning and Finishing [SIC 311 ] and Tires and Inner Tubes [SIC 301 ]. The General Permit shall become effective on June 1, 2008. The General Permit shall expire at midnight on May 31, 2013. Signed this day May 9, 2008, r/ Coleen H. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCGO50000 TABLE OF CONTENTS PART 1 INTRODUCTION Section A: General Permit Coverage Section B: Permitted Activities PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Qualitative Monitoring Requirements Section C: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7, Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. General Permit Expiration 2. Transfers 3. When an Individual Permit May be Required 4. When an Individual Permit May be Requested 5. Signatory Requirements 6. General Permit Modification, Revocation and Reissuance, or Termination Permit No. NCG050000 7. Certificate of Coverage Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Non-Stormwater Discharges 6. Representative Outfall 7. Records Retention 8. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS T Permit No. NCGO50000 PART I INTRODUCTION SECTION A: GENERAL PERMIT COVERAGE All persons desiring to be covered by this General Permit must register with the Division of Water Quality by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to any discharge of stormwater associated with industrial activity that has a point source discharge to the surface waters of the state. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 days prior to commencement of discharge. This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been revoked. Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be revoked and coverage under this General Permit be provided. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must submit a No Exposure Certification NOI form to the Division, must receive approval by the Division, must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit, and must reapply for the No Exposure Exclusion once every five (5) years. Facilities submitting NOIs for coverage under this permit, and facilities submitting renewal forms for continued coverage under this permit, prior to establishment or approval of a Total Maximum Daily Load (TMDL) for pollutant(s) for stormwater discharges (i.e. wet weather flows), may be covered under this permit during its term. For such facilities, continued coverage under the reissuance of this permit is subject to the facility demonstrating that it does not have a reasonable potential to violate applicable water quality standards for such pollutants due to the stormwater discharge(s). For facilities that do have a reasonable potential for violation of applicable water quality standards due to the stormwater discharge(s), the facility shall apply for an individual permit 180 days prior to the expiration of this general permit. Once the individual permit is issued and becomes effective the facility will no longer have coverage under the general permit. Impaired waters scheduled for TMDL development are on North Carolina's 303(d) List and can be found here: http://h2o.enr.state.nc.us/tmdUGeneral_303d.htm#Downloads. A list of approved TMDLs for the state of North Carolina can be found here: http://h2o.enr.state.nc.us/tmdl/Gencral_TMDLs.htm. 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. Part I Page 1 of 2 Permit No. NCG050000 SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this General Permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment; or decree. Part I Page 2 of 2 Pennit No. NCG050000 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this general permit. The Plan shall include, at a minimum, the following items: l . Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge. The general location map (or alternatively the site map) should identify whether each receiving water is impaired (on the state's 303(d) list of impaired waters) or is located in a watershed for which a TMDL has been established, and what the parameter(s) of concern are. North Carolina's 303(d) List can be found here: http://h2o.enr.state.ne-us/tmdl/General_303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enr.state.ne.us/tmdl/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 points, 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, direction of flow, drainage areas for each outfall, industrial activities occurring in each drainage area, buildings, existing and proposed BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in Part 11 Page 1 of 8 Permit No. NCGO50000 accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 5. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations by permanent or semi -permanent covers. in areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained, and shall record the volume capacity of each tank and containment area. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism), and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, diversion structures, secondary containment structures, oil and grease separation, debris control, vegetative filter strips, infiltration, and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan, The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the Part II Page 2 of 8 Permit No. NCG050000 SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. The program shall specifically identify industrial areas that have the potential for soil erosion, and must specifically note the preventative BMP or maintenance activity implemented in the areas, and must include regular inspections of the areas. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The 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. 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 Inspection Program. Inspections of the facility and all stormwater systems shall occur at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of Part II Page 3 of 8 Permit No. NCG050000 the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part 11 of this permit. 9. Implementation. The permittee shall implement the Plan. Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or the Director's authorized representative immediately upon request. SECTION B: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 1. No analytical tests are required. Qualitative monitoring of stormwater outfalls must be performed during a representative storm event. A representative storm event is a storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. Table 1. Qualitative Monitoring Requirements Discharge Characteristies Frequency Mo itoring Color Semi -Annual SDO Odor Semi -Annual SDO Clarity Semi -Annual SDO Floating Solids Semi -Annual SDO Suspended Solids Semi -Annual SDO Foam Semi -Annual, SDO Oil Sheen Semi -Annual SDO Erosion or deposition at the outfall Semi -Annual SDO Other obvious indicators of stormwater pollution Serni-Annual SDO Footnotes: I Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. Part II Page 4of8 Permit No. NCG050000 If the pennittee's qualitative monitoring indicates either that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions appropriate. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. Qualitative monitoring is for the purposes of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP), assessing new sources of stormwater pollution, and prompting the permittee's response actions to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, DWQ may: • require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • rescind coverage under the General Permit, and require that the permittee apply for an individual stormwater discharge permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. Qualitative monitoring will be performed twice per year, in accordance with the schedule in Table 2. A minimum of 60 days must separate Period 1 and Period 2 monitoring dates, unless monthly sampling has been instituted under a Tier Two response for vehicle maintenance activity areas. Table 2. Monitoring Schedule Monitoring period.', 2 )Fvent Number,.. : Start! Year 1 -- Period 1 I July 1, 2008 December 31, 2008 Year 1— Period 2 2 January 1, 2009 June 30, 2009 Year 2 — Period 1 3 Julv 1, 2009 December 2009 Year 2 — Period 2 4 January 1, 2010 _31, June 30, 2010 Year. 3 — Period 1 5 July 1, 2010 December 31, 2010 Year 3 — Period 2 6 January 1. 2011 June 30, 2011 Year 4 — Period 1. 7 July 1, 2011 December 31. 2011 Year 4 — Period 2 8 January 1, 2012 June 30, 2012 Year 5 — Period 1 9 July I, 2012 December 31, 2012 i Year 5 — Period 2 10 January 1, 2013 , May 31, 2013 Footnotes: 1 Maintain semi-annual monitoring during permit renewal process. If at the expiration of the general permit, the permittee has submitted an application for renewal of coverage before the submittal deadline, the Part II Page 5 of 8 Permit No. NCGO50000 permittee will be considered for renewed coverage. The applicant must continue semi-annual monitoring until the renewed Certificate of Coverage is issued. 2 If analytical monitoring applies, but no discharge occurs during the monitoring period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month monitoring period. SECTION C: 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 in Table 3. This monitoring shall be performed at all outfalls which discharge stormwater runoff from the vehicle maintenance areas, and in accordance with the schedule presented in Table 2. All analytical monitoring shall be performed during a representative storm event. Table 3. Analytical Monitorinp, Requirements for On -Site Vehicle Maintenance Disc harge'Characteristics Units Measurem, ent Fre ►iene I Santitle TY re2 Sample Locatio0 H standard semi-annual Grab SDO Oil and Grease m /I semi-annual Grab SDO Total Suspended Solids m /l semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain au e New Motor Oil Usagegallons/month semi-annual Estimate - Footnotes: I Measurement Frequency: Twice per year during a representative storm event. 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 from the pond. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur, 4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. In all cases, the permittee shall report the analytical results from the first sample with valid results within the monitoring period. The permittee shall compare those results to the benchmark values in Table 4. Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Table 4. Benchmark Values for On -Site Vehicle Maintenance Activities Discharge Characteristics 11wichntark Value H Within range 6.0 - 9.0 Oil and Grease 30 mg/1 Total Suspended Solids 100 m 1 Part II Page 6 of 8 Permit No. NCGO50000 Her One If: The first valid sampling results are above a benchmark value, or outside of the benchmark for at anv outfall, Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations to within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Tier Two,, If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of the benchmark range, for any specific at a specific discharge outfall: Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier. One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive valid samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values, or within the benchmark range. 3. If no discharge occurs during the samnlina period. the nermittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. Part 11 Page 7 of 8 Permit No. NCG050000 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 outfalI on more than four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may: • require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • rescind coverage under the General Permit, and require that the permittee apply for an individual stormwater discharge permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. Part II Page 8 of 8 Permit No. NCGO50000 PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing facilities already operating, but applying for coverage under this general permit for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial Certificate of Coverage issued pursuant to this general permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial Certificate of Coverage. - New facilities applying for permit coverage for the first time and existing facilities previously permitted and applying for renewal under this general permit: All requirements, conditions, limitations, and controls contained in this permit become effective immediately upon issuance of the Certificate of Coverage. The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part I1, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to Comply. Thepermittee must comply with all 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 renewal application. (a) The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates a permit condition is subject to a civil 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 l year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not Part III Page l of I 1 Permit No. NCG050000 to exceed $125,000, [Ref. Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] (c) Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. (d) Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Section C of this permit regarding bypassing of stormwater control facilities, nothing in this general permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143- 215.3, 143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this general permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this general permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. Part III Page 2 of 11 Permit No. NCGO50000 Severabi lity The provisions of this general permit are severable, and if any provision of this general permit, or the application of any provision of this general permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this general permit, shall not be affected thereby. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general permit or to determine compliance with this general permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this general permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this general permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this general 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 General Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested 'renewal at least 180 days prior to expiration, or any permittee that does not have a permit- after the expiration and has not requested renewal at least 180 days prior to expiration, will be Part III Page 3 of 11 Permit No. NCG050000 subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. Transfers The certificate of coverage issued pursuant to this general 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 certificate of coverage to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required to notify the Division in the event the permitted facility is sold or closed. 3. When an Individual Permit May be Required The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual permit or coverage under an alternative general permit. Any interested person may petition the Director to take action under this paragraph. Cases where an individual permit may be required include, but are not limited to, the following: a. The discharger is a significant contributor of pollutants; b. Conditions at the permitted site change, altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a general permit; The discharge violates the terms or conditions of this general permit; d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; Effluent limitations are promulgated for the point sources covered by this general permit; A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit. g. The Director determines at his own discretion that an individual permit is required. 4. When an Individual Permit May be Re uested Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit. Part III Page 4 of 11 Permit No. NCG050000 Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. All notices of intent to be covered under this general permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice-president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. b. All reports required by the general permit and other information requested by the Director shall be signed by a person described above or by, a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false Part III Page 5 of I 1 Permit No. NCG050000 information, including the possibility of fines and imprisonment for knowing violations." 6. General Permit Modification, Revocation and Reissuance, or Termination The issuance of this general permit does not prohibit the Director from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143- 215.1 et. al. After public notice and opportunity for a hearing, the general permit may be terminated for cause. The filing of a request for a general permit modification, revocation and reissuance, or termination does not stay any general permit condition. The certificate of coverage shall expire when the general permit is terminated. 7. Certificate of Coverage Actions The certificate of coverage issued in accordance with this general permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any general permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this general permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the general permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: Part III Page 6 of 11 Permit No. NCGO50000 Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and The permittee submitted notices as required under Section E of this Part . If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recordiniz Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this general permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Part III Page 7 of l 1 Permit No. NCG050000 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 general 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. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfali status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Qualitative monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this general permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. Inspection_ and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this general permit; Part III Page 8 of I 1 Permit No. NCG050000 b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this general permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulate& or required under this general permit; and d. Sample or monitor at reasonable times, for the purposes of assuring general permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS i char e Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the six- month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division, and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon'DWQ's specific requirement to do so. 2. Submitting_Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly Part III Page 9ofII Permit No. NCG050000 making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Nan-Stormwater Discharges If the storm event monitored in accordance with this general permit coincides with a non- stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the general 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 general permit requirements. 7. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of' becoming aware of an unanticipated bypass. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. Part III Page 10 of 11 Permit No. NCG050000 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this general permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page I 1 of l 1 Permit No. NCG050000 PART IV LIMITATIONS REOPENER This general permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the general permit; or b. Controls any pollutant not limited in the general permit. The general permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Certificate of Coverage. PART VI DEFINITIONS Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. Parts IV, V and VI Page I of 7 Permit No. NCG050000 (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Manayzement Practices BMPs Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies the general permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. 10. Director The Director of the Division of Water Quality, the permit issuing authority. 11. EMC The North Carolina Environmental Management Commission. Part VI Page 2 of 7 Pages Permit No. NCG050000 12. Grab Sample An individual samples collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. Municipal Separate Storm Sewer -System A stormwater collection system within an incorporated area of local self-government such as a city or town. 16. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR § 122.26(g) 17. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a general permit. 18. 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. 19. Permittee The owner or operator issued a certificate of coverage pursuant to this general permit. Part VI Page 3 of 7 Pages Permit No. NCG050000 20. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 21. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 22. Re resentative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 24. Secondga 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. 25. Section 313 Water PrioritChemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of I986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and That meets at least one of the following criteria: Part VI Page 4 of 7 Pages Permit No. NCGO50000 (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 l 16.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 26. 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. 27. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 28. Significant S ills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 30. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. Part VI Page 5 of 7 Pages Permit No. NCGO50000 31. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 32. Ten Year Design Storm The maximum 24-hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. 33. 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. 34. Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. (A list of approved TMDLs for the state of North Carolina can be found at http://h2o.enr.statc-ne.us/tmdl/) 35. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 36. 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. 37. Vehicle. Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. Part VI Page 6 of 7 Pages Permit No. NCG050000 38. 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. 39. 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 7 of 7 Pages SIP,- �/ 1 i NOR March 2, 2007 Kelly Johnson SW General Permit Coverage Renewal Stormwater and Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Ms. Johnson, NTON Li��A- h gm mz CD Subject: Renewal of General Permit NCI 10000 and Certificate of Coverage NCGI 10083 During our phone conversation this morning you indicated that I could send you the requested information complete with a cover letter reminding you of our phone conversation. Enclosed is our storm water information, if you have any questions about this information you can contact myself at 828-438-5285 or water a>ci.nior�,,aiitorl.]Ic.us. Or Morganton's Wastewater Superintendent Mr. Jeremy Rees at gees i..ici.mor >anton.a1s.us or 828438-5375. The information that I am working from does not coincide with the above numbers so I hope I am sending the correct information. Sincerely, A44 pj` 11 J Don Danford Director of Water Resources Telephone (828) 432-8863 305 E Union Street, Suite A100 Post Office Box 3448 www.ci.morganton.ne.us Morganton, NC 28655 Morganton, NC 28680-3448 0 *Ar�lrr CITY,OE " - ORGLNTON NORT'\.'.N, I N Permit Coverage Renewal Applicdtion Form Certificate of Coverage NCG110083 Owner Information: City of Morganton Owner Contact: Mel S Cohen Mailing Address: PO Box 3448 Morganton, NC 286559850 Plione number: 828-438-5228 Facility information: Morganton City Wastewater Treatment Facility Facility Physical Address: 1000 Vine Arden Rd Morganton, NC 28680-3448 Facility Contact: Jeremy Rees PO Box 3448 Morganton, NC 28680-3448 Phone Number: 828-438-5375 Fax Number: 828-432-2672 Email Address: 'roes a)ci.morUanton.nc.us Permit Information: Pen -nit Contact: Same as above Mailing Address: Same as above Phone Number: Same as above Fax Number: Same as above Email Address: Same as above Discharge Informatiom: Receiving Stream CATAWBA RIVER Stream Class: WSIV; CA Basin: Catawba River Basin Sub -Basin 03-08-31 Facility Activity Changes None Telephone (828) 437-8863 305 1] Union Street, Suite A100 . Post Office Box 3448 www.ci.rnorganton.nc.us Morganton, NC 28655 Morganton, NC 28680-34448 w. N� Certification I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such infonmation is true, complete, and accurate. Signature h`. X Date: "3-Z—u-7 Don Danford 'Director of Water Resources Telephone (828) 437-8863 305 E Union Street, Suite MOO Post Office Box 3448 www.ci.rnorganton.iic.us Morganton, NC 28655 Morganton, NC 28680-3448 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yrlmolday Inspection Type Inspector Fac Type 1 IN, J 2 15 i 3 I NCG110083 11 12 06/03/23 17 18 i � j 19 i G j 201 1 211 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 _1 11 1 I� 1 1 f6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CA --------------Reserved-- 67 70LJI 71 ItyI 72 LNJ 73I74 751 1 1 1 I 1 180 Section 3: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time)Date Permit Effective Date POTW name and NPDES permit Number) 10:OOAM 06/03/23 04/06/04 Catawba River Pollution Control Facility 10oo Vine Arden Rd Exit TimelDate Permit Expiration Date Morganton NC 28680 12:00AM 06103/23 Name(s) of Onsite Representative(s)IT:tles(s)lPhone and Fax Number(s) Other Facility Data UI Name, Address of Responsible Official Title/Phone and Fax Number Contacted Tim Corpening,PO Box 3448 Morganton NC 2868011828438-537518284338593 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) ® Storm Water Section D: Summary of FindinglComments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Larry Frost ARO WQ11828-296-4500 Ext.46581 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Keith Haynes ARO WQ11828-296-45001 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete, Page# 01 NPDES yrlmo/day Inspection Type 31 NCG110083 121 06/03M 17 18 e. Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) In general the facilities are clean and well maintained. Records need to be improved, all records must be retained for 5 years. The screenings/grit pile must be removed. Page# Permit: NCG110083 Inspection Date: 03/23/2006 Owner- Facility: Catawba River Pollution Control Facility Inspection Type: Compliance Evaluation Yes No NA NE Page# Michael F. Easley, Governor ,.���e'^si �iKir.-wif�ierrr=G•.wF2oss Jx�,secfeta ry North Carolina Departrizent of Environment and Nat egources la Klimer eE. Director a n ac#,,�111�jgr Cuality Asheville Regional Office SURFACE WATER PROTECTION March 24, 2006 Mr. Don Danford City of Morganton Post Office Box 3448 Morganton, North Carolina 28680 SUBJECT: Compliance Sampling Inspections Catawba River Pollution Control Facility Permit No: NCO026573 Permit No: NCG110083 Burke County Dear Mr. Danford: Enclosed please find copies of the Compliance Sampling Inspection forms from the inspections conducted on March 23, 2006. Larry Frost of the Asheville Regional Office conducted the Compliance Sampling Inspections. The facility was found to be in Compliance with permit NCO026513 and NCG110083, k Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Lar Fttfst, CPE / vlronmental Engineer Enclosure cc: Jeremy Edward Rees, ORC Central Files Asheville Files NOn: hCarolina ,�aiurn!!U 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. EPA Washington, D C 20464 OMB No. 2040-0057 Water Com fiance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/molday Inspection Type Inspector Fac Type 1 tdl 2 I si 31 NCG110083 f 11 121- 06/03/23 117 1811 CI 191 S1 201 J I I !� Remarks 21 5 Inspection Work Days Facifity Self -Monitoring Evaluation Rating B1 QA--------- 67 l 1 69 70 j j 711 I 72 I N I 73 � 74 751 1 I I I 180 -- Section B: Facility Data Name and Location of Facility {nspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:00 AM 06/03/23 04/06/04 Catawba River Pollution Control Facility Exit Time/Date Permit Expiration Date 1 000 Vi.ne Arden Rd 1organton NC 28600 12:00 AM 06/03/23 Name(s) of Onsite Representadve(s)TTitles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Mel S Cohen,PO Box 3448 Morganton NC 266559850//E28--438-5228/ NO Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Storm Water Section D: Summary of Find in/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name($) and Signature(s) of Inspector(s) Agency[Office/Phone and Fax Numbers Date Larry Frost ARO wQ//828-296-4500 Ext.4658/ Signature of Management Q-A Reviewer Agency/Office/Phone and Fax Numbers Date Keith Haynes ,'�+,: ARO f4Q//826-296-4500/ EPA Form 3660-3 (Rev 9=94) Previous editions are obsolete. Page # 1 STATE OF NORTH CAROLINA DI--�PARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY (:GNI+.RAI. 1-'ERMI"1' NO, NCG021 000 TO DISCHARGE STORMWATER. MINE DEWATERING, AND PROCESS WASTEWATER UNDER THE NATIONAL. PO1.,LU'I'AN'I' I)ISCHARCI? 1?I.IMINA"1'1()N SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certilicate of Coverage by the Environmental Management Commission to allow the discharge of stormwater, mine dewatering wastewater. and process wastewater to the surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters in accordance with the terms and conditions set forth herein. COVerage under this general permit is applicable to: • Stormwater point source discharge outfalls associated with mining and quarrying of nonmetallic minerals (except fuels), land disturbance, and vehicle maintenance. • Mine dewatering wastewater discharge outfalls. • Wastewater discharge outfalls from sand and/or gravel operations. • Nondischarging closed loop recycle systems. • Process recycle wastewater discharge outfalls. The hollowing activities and their associated discharges are specifically excluded from coverage under this General Permit: borrow pits covered by the DOT statewide stormwater permit, peat mining, coal reining, metal mining, oil and gas extraction operations, and combined mining/asphalt operations (where the asphalt operation is not covered by a separate permit). The General Permit shall become effective on January 19, 2005. The General Permit shell expire at midnight on December 31, 2009. Signed tills day January 19, 2005. Oi-iginuil Sigluetl /Lv Alun Klimek Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCG020000 TABLE OF CONTENTS PART 1 INTRODUCTION Section A: General Permit Coverasue Section B: Permitted Activities PART 11 AUTHORIZATION TO CONSTRUCT AND OPERATE A TREATMENT FACILITY Section A: Requirements to Construct New or Expanded Treatment Facilities Section B: Requirements For Operation ofa Treatment Facility PART III MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Best Mana-ement Practices (BMPs) Plan Section B: Analytical and Qualitative Monitoring Requirements for Discharges Composes! Entirely of Stormwater Section C: Effluent Limitations and Monitoring Requirements for Mine Dewatering and Process Wastewater Discharges PART IV STANDARD CONDITIONS Section A: Compliance and Liability I. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and HazardOLls Substance Liability G. Property Rights 7. Severablllty 8. DLILV to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. General Permit Expiration 2. Transfers Permit No. NCG020000 3. When an Individual Permit May be Required 4. When an Individual Permit May be Requested 5. Signatory Requirements 6. General Permit Modification, Revocation and Reissuarice, or Termination 7. Certificate of CoveraLg.e Actions Section C: Operation and Maintenance nl Pollution Controls I . Proper Operation and Maintenance 2. Need to Halt or Reduce not a Defense. 3. Bypassing of Wastc\vater or Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Non-Stormwater Disehar-es 6. Representative Outfall 7. Records Retention 8. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting {). Other Noncompliance 10. Other Information PART V LIMITATIONS REOPENER PART VI ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VII DEFINITIONS Permit No. NCG020000 PART I INTRODUCTION SEC'E'1ON A: GENE-RAL PE RMIT COVEI?RAGE. All persons desiring to have facilities covcred by this General Permit must register with the Division of Water Quality (DWQ) by file filing of a Notice of Intent (NO1) and applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to any discharge of stormwater associated with 1ndUstrlal activity, mine dewater117g wastewater or process wastewater that has a point source discharge to the surface waters of the state. This General Permit covers mining and quarrying of nonmetallic minerals (except fuels) including borrow pits that would not be covered under the statewide DOT stormwater permit) and active or inactive mines that discharge stormwater contaminated with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located at the site of such operations and stormwater runoff from vehicle maintenance areas. This General Permit also covers discharge of wastewater fi-om processing mined materials and mine dewatering wastewater from the groundwater and/or stormwater that accumulates in the mine pit. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDIS procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 days prior to commencement of discharge. This General Permit does not cover activities or discharges covered by an individual N PDES permit until the individual permit has expired or has been revoked. Any Pelson conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be revoked and coverage under this General Permit be provided. Facilities submitting NOIs for coverage under this permit, prior to establishment or approval of a Total Maximum Daily Load (TMDL) for a priority pollutant(s) for stormwater discharges (Le. wet weather flows), may be covered under this permit during its term. For such facilities continued coverage under the reissuance of this permit is subject to the facility demonstrating that it does not have a reasonable potential to violate applicable water quality standards for such pollutants dl]c to the stormwater discharge(s). For facilities that do have a reasonable potential for violation of applicable water quality standards due to the stormwater discharge(s) the facility shall apply for an individual permit 180 days prior to the expiration of this general permit. Once the i►dividual permit is issued and becomes effective the facility will no longer have coverage under the general permit. A list of approved TMDLs for the state of North Carolina can be found at http://li2o.enr.state.rrc.us/tmdl/Genera]_TMDLs.litm. Part I Page I of 2 Permit No. NCG020000 S1?C'1'1ON 11: PERMITTED F1CTIVI`l'IES Until this hermit expires or is modified or revoked, the permittee is authorized to discharge stortl)watcr, mine dewatering and process wastewater to the surface waters of'North Carolina or a Separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this General Permit. All discharges shall be in accordance with the conditions ol'this permit. Any other point source discharge to surface waters of the suite is prohibited unless it is an allowable non-stormwater dischary-e or is covered by another permit, authorization or approval. The discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. Discharges allowed by this permit must meet applicable wetland standards as Outlined in I �A NCAC 2f3 .0230 and .0231 and water quality certification requirements as outlined in 15A NCAC 2H .0500. This permit does not relieve the permitee from responsibility for compliance with any other applicable federal, state or local law, rule, standard, ordinance. order or decree. Part I Pa-e 2 of 2 Permit No. NCG020000 PART II AUTHORIZATION TO CONSTRUCTAND OPERATE A TREATMENT FACILITY Milling 01lCratl0llS which n1V01VC COIlStrtictlon and operation of treatment facilities for 11line dewatel'llll." wastewater or process 1vaStCwa1Cl• (SnCh !IS Saw water, wash \vatcr, etc.) are stlb_jcct to C011StRIC11011 alld OPCrati011 requirements for these ILlcllltics as outlined in Section A alld Section B below. SECTION A: REQUIREMENT'S TO CONSTRUCT NEW OR EXPANDING "1'ItEA'I'MEN'l' FACILITIES All new or expanding treatment facilities must receive an Authorization to Construct (A to C) from DWQ. Application for the A to C requires that plans and specifications be submitted to the Division of Water Quality, Stormwater Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617 for approval. Upon approval of the plans and specifications by the Division, a set of approved plans and specilcations for the suhjcct project will be returned to the permittec. These plans must be retained by the pernlittee for the life of•tile treatment facility. 4. Upon receipt of an approved A to C, the approved treatment facilities shall be constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. The treatment facilities shall be constructed to meet the effluent limitations in Part III, Section C of this general permit. Upon completion of construction and prior to operation of permitted facility, a certification of• plans and specifications must be received from a professional engineer in accordance with G.S. 89-25 certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification of•plans and specifications to the Division of Water Quality, Stormwater Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699- 1617. 6. The DWQ Regional Office shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an in place inspection can be made If the Regional Office so desires. Such notification to the regional supervisor shall be made during normal business hours from 8:00 a.m. until 5:00 p.iw oil Monday through Friday, excluding State Holidays. Part II Page I of 2 Permit No. NCG020000 Existing, new and expanding treatment facilities shall be subject to the followimg operational rcquirements. SECTION 11: REQUIREMENTS FOR OPERATION 011 A TREATMENT FACILITY Operation and maintenance of treatment facilities must be in accordance with the requirements in this General Permit. For the purposes of this permit no documentation other than a signed Certificate of Coverage is required to operate an existin4- treatment facility. New facilities must also have an Authorization to Construct permit. Diversion or bypass of untreated wastewater from a treatment facility is prohibited except under provisions of this permit in Part IV, Section C.3. In the event that a facility fails to perform satisfactorily, ]ncluding the creation of nuisance conditions, the permittee shall take immediate corrective action, including those actions that may be required by this Division, such as the construction of additional or replacement treatment or disposal facilities. 4. The issuance of this permit shall not relieve the permittee of the responsibility for damages to surface waters of the State resulting" from the operation of a treatment facility. Any discharge from a treatment system to groundwater must protect the groundwater standards specified in 15A NCAC 2L, Groundwater Classification and Standards. Any groundwater quality monitoring, as deemed reasonably necessary by the Division, shall be provided. No chemical flocculants shall be used in the treatment facility without written authorization from the Division. All discharges of mine dewatering wastewater and process wastewater will be monitored in accordance with Part III, Section C of this permit. Part 11 Page 2 of 2 Permit No. NCG020000 PARTIII MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWA,rER IIES'1' MANAGI+,MEN'1' 1'RAC'I'ICES (LIMPS) PLAN The permittee shall implement stormwater BMPs to ensure that contaminants do not enter surface waters via stormwater that comes in contact with any unstabilized overburden, raw materials, intermediate products, finished products, byproducts or waste products located on the site covered by this permit. A BMP Plan shall be developed in accordance with the requirements of this section. The BMP Plan requirement, or portions of the plan requirement, may be met by utilizing appropriate requirements in other documented plans specific to the permitted facility. 2. Management of Stormwater Runoff and Runon. The permittee shall maintain stormwater BMPs for land disturbance areas and outside process areas. In addition, controls should be used to limit or isolate selected land disturbance and process areas and limit the amount of off site stormwater runon to those areas. Appropriate Best Management Practices (BMPs) should be used to divert, infiltrate, reuse or otherwise manage stormwater runoff and R111011. in a planner that reduces pollutants in stormwater discharges leaving the site. Appropriate BMPs may include but are not limited to: vegetative swales, berms, use of reclaimed aline areas, and reuse of collected stormwater (such as for an industrial process or as an irrigation source). 3. BMP Controls inspection and Maintenance. All stormwater BMPs shall be inspected by or under the direction of the permittee at least once every seven calendar days and within 24 hours after any storm event that results in a discharge. The BMPs implemented shall be operated and maintained so that they are cleaned out when the sediment storage capacity has been reduced by 50%. If any visible sedimentation is leaving the property, corrective action shall be taken to reduce the discharge of sediments. Visible sedimentation found offsite shall be recorded with a brief explanation as to the measures taken to prevent future releases as well as any measures taken to remove the sediment that left the site. All other stormwater specific controls (e.g. oil /water separators) shall be inspected and qualitatively monitored (as per Part E11.13.3) on a semiannual schedule, once in the fall (September -November) and once during the spring (April -June). A log of sampling data and of activities taken to implement BMPs associated with the vehicle maintenance activities shall be maintained and incorporated into the BMP Plan and kept onsite for the duration of the permit term and made available to the Director upon request. 4. Erosion and Sedimentation Control. The permittee shall implement the management practices and the erosion and sedimentation control measures that are included in the mining permit or erosion and sedimentation control permit issued by the Division of Land Resources. Compliance with the issued permit is considered a requirement of this general permit. Any deviation from the issued permit, or amendments to the issued permit, that impacts water quality shall constitute a violation of the terms and conditions of this general permit. A signed copy of the issued permit including the approved erosion and sedimentation control measures and the reclamation plan shall be maintained on the site at all times. Once an area is released by the Division of Land Resources in Part I I I Page I of 9 Permit No. NCGD20000 accordance with NCGS Chapter 74. Article 7. it shall no loner be subject to this general permit. Preventive :Maintenance Inspections and Good Housekeeping Practices. Equipment utilized during mining activity on a site must be operated and maintained in such a nianner as to prevent potential or actual pollution Of tile surface water or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, or any other petroleum products, shall not be discharged on the 4"l-ound or into surface waters. Spent fluids shall be disposed of in a manlier so as not to enter the surface watel-s or (roLlnd waters of the state and in accordance xvith applicable federal disposal regulations. Any spilled fluids shall be cleaned Up to the maxillllll1l extent practicable and dlspOse(f Of in a manner that does not allow their entry into the surface waters or ground waters of tllc state. G. Secondary Containment, The perrllittee shall provide secondary containment for bulk storage of liquid materials, storage of Section 3 13 of Title Ill of the Superfund Amendments and Reantl101-iZation Act (SARA) water priority chemicals, or storage of hazardous liquids substances to prevent leaks and spills from contaminating stornlwater runoff. If the secondary containment devices are connected directly to stornlwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured with a locking nicellaillsill) and any stornlwater that accumulates in the containment area shall be at a nlllllillunl visually observed for color, foam, outfall stainino, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaillinated by the material stored within the containment area. SECTION B: ANALYTICAL. AND QUALITATIVE MONITORING REQUIREMENTS FOR DISCHARGES COMPOSED ENTIRELY OF STORMWATER Analytical monitoring for stormwater discharges shall be performed for parameters as specified in Tables I through 4. All analytical monitoring shall be performed during a representative storm event as defined in Part VII. For each parameter, the arithmetic mean of all analytical sampling results collected during the terns of the permit may be calculated for each individual outfall and compared to the cut-off concentrations listed in Tables 2 and 4. If the arithmetic mean is less than the specified CLIt-off concentration fora given parameter, the facility is not required to continue annual monitoring for that parameter (at that outfall) until the last year of the permit unless a significant change ill facility operations or configuration occurs. If I cut-off concentration results in discontinued analytical monitoring at an individual discharge outfall, the pernlittee is required to maintain facility operations that ensure the continuation of stormwater runoff quality. The permittee must perform analytical sampling during the first and last ,year of the permit terns regardless of cut-off concentration conditions. In situations where stornlwater runoff is controlled by some type basin or retention/detention pond, the following provisions are applicable for sample collection for analytical monitoring: • Analytical monitoring for stormwater discharges from a basin or other similar control structures must be performed within the first 30 Minutes of discharge. Part III Page 2 of 9 Permit No. NCG020000 • Analytical monitoring for a basin /pond designed to contain the I0-year desit'n storm (see I'MI V11, D(2finitions) without c11SC11dr&In(r is not required. Qualitative monitoring for color, foam, Outtall staininb, visible sheen and dry weather flow is the only monitoring requirement. • Analytical and qualitative morlitOrin) are not required for a basin/pond designed to contain the 25-year, 24-dour storm (see Part V11, Definitions) without discharing. A basin/ pond meeting this provision is considered a non -discharging stormwater control. I. analytical Monitoring for Stormwater Discharges from Land Disturbance and Process Areas. Analytical monitoring for stormwatcr discharges from land disturbance and process areas shall be performed as specified in Table 1. Table 1. Analytical Monitoring Requirements for Stormwater Discharges from band Disturbing Activities and Process Areas Discharge Characteristics Units Measurement Fre uencyl Sample Tv e2 Sample Location-/ Settleable Solids ml/l Annually Grab SDO Total Sus )ended SOhdS mw/1 Annually Grab SDO -I-urbidity NTU Annually Grab SDO "Total Rainfall4 inches Annually -- -- Event Duration4 mirllrteS Annually -- -- Total Flows MG Annually -- SDO I iVlCast reiacnt i rcillnncy: 1 )it cc per year ahtring a rcprescntaflvc storm even/. A year is delmcd as :hc 12 month period beginning on the nu,nth and clay oI,issuancc ul the 4'crtificale ol'('us'crp,e. 2 The s:urtple is collected wilhin the First 30 minutes 0I'dischar,e fironl the Moul111. ' tiantple I.ocalioil : tiantples shall he collected at etch su,rn„w;uer elischargc tit tfit// (SDO)unless represent;tlivc uulfall s4uus hats beta granted. d For cash sampled rcpresrnta,i,c storm evcnt, the tul;rl precipitation, storm duration, and total flow nrttsl he nuutilored. 'total Ilow shall he cilhcr; (et) measurtil conlinnuusly. (h) ealcuhacd hascd on the amount ol,arca draining lu the uull;tll, the amount ol'hLIHI-upon (impervious) a rea. and the total antounl orrainFitll, or(e) eshIIlaled by Iltc ntcasttrcnicnt oI'How at 20 minulc intervals during the raiIIfdI event. "Table 2. Analytical Monitoring Cut-off Concentrations for Stormwater Dischar;es from Land Disturbance Activities and Process Areas Discharge Characteristics Cut-off Concentration Settleable Solids 0.1 ml/l Total Sus ended Solids 100 111 rll "furbidit (Freshwater non-trOl.lt streams) 50 NTU Turbidity (Non -trout lakes and saltwaters) 25 NTU Turbidity (Trout '`eaters) 10 NTU Part I I I Page 3 of 9 Permit No. NCG020000 2. Analytical Monitoring for On -site Vehicle Maintenance. Facilities which have any oil -site vehicle ]Maintenance activity that 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 Tablc 3. This nionitorim, shall be performed at all outfalls which discharge stormwater runoff from the vehicle ]Maintenance areas. lt I'ahle3. AnaIN'tical Monitorinh Requirements for Stormwater Discharges from On -Site Vehicle Maintenance Areas Discharge Characteristics Units Measurement Frequencv Sample I'v el Sample Location2 H s.u. Annually Grab SDO Oil and Grease nlgIl AnIlMilly Grab SDO Total Suspended Solids 111g/l Annually Grab SDO Total Rainfall3 inches Annually Grab -- Event DLlratlo113 I11111L1tCS A1111Llally Grab -- Total Flow3 MG Annually Grab SDO F, col n„l es: f lc s0111)ilc is collcrlcd %ciIII ill the first +il mimics oI'diSCIInroc. Sunaple LIva liIll: s:till ple:.hull he collrrlyd at such Sion unnva[cr discharge 01.111a11 {SIH )) Z I M I discharges slaxnIWAICr rulloII' Irons ;sea(s) where vrhicle mainlenance:acIiviIirs occur. ? TOW I1n1S ;hall hc; (:a) measureii cottlinuousIV. (h) calcttkit cd hosed on Ir at11OUII1 ul';ttra dtitI06L! to the oolflIL the :aIll ,l01 urhoih- upon 61111 Viuus) urea. anti the lohl anuxml ul'ruinlall, ur Icl rstilwilcd by the naulsurcment ol' flaw :tl 20 minute intervals during the rainfall cvcnl. Total Prccipilaliou and duration oTthc a';ainfall cvcnl rlac;asurrd shall resoll from the sampled rcnrcscnl:uivc storm cveni. Tahle 4. Cut-off Concentrations for On -Site Vehicle Maintenance Activities Discharge Characteristics Cut-off Concentration PH I within range the 6.0 — 9.0 Oil and Grease 30 mg/1 Total Sus ended Solids 100 nl r/l Foolnolcs: I PI I �•lnnot be aceragrd duc to Ihr u;oure ol'llie logurilhtttic psi scale. The most reccnl Ill I sanaplr resoll shall he used 161. rut -oil, Co n C'Cn l ra l l o lI 1) t l rposel_ 3. Qualitative Monitoring for Stormwater Discharges from Land Disturbance Areas, Process Areas and Vehicle Maintenance Areas. Qualitative monitoring requires a visual inspection ofall storrinvater outfalls with stormwater runoff fi-0111 land disturbance, process or vehicle maintenance areas regardless of representative outfall status o1• cut-off concentrations and shall be performed as specified below in Table 5. No analytical tests are required. Part III Page 4 of 9 Permit No. NCG020000 The first qualitative monitoring event d1.1611 . the term of the permit must coincide with the initial analytical monitoring, event (regardless of the season). All other qualitative monitoring; will be performed twice per year, once in the spring; (April - June) and once in the tall (September - November) and does not need to be performed during a representative storm event. Table 5, Qualitative Monitoring Requircn]ents Discharge Characteristics Frequency A'lunitoring Location Color Serni-Annual SDO Odor Sethi-Allrlllal SDO Clarity Semi -Annual SDO Floating Solids Senll-AnnLlal SDO Suspended Solids Senli-Annual SDO Foam Seml-Annual SDO Oil Sheet] Serni-Annual SDO Deposition at or imlllediately below thL oLltlall Sel]ll-Allllual SDO Erosion at or immediately below the outfall Semi -Annual SDO Other obvious indicators of stornlwater pollution Senli-Annual SDO Footnotes: ] Monitoring Location: Qualilative monitoring shall he pertoniwd at rach snimtnatcrdi.w1i irge outran (Si O1 associated x0th kind disturbance arras, process areas and vehicle mointen;u)ce areas regardless ot'represrnlatire outfit]] slams. SECTION C: EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR MINE DEWATEIRING WASTEWATER AND PROCESS WASTF--WATE It I. Mine Dewaterinl; Wastewater (including Borrow Pits) During; the period beginning oil the effective date of the permit and lasting until expiration, the permittee is authorized to discharge mine dewatering wastewater controlled in accordance with the conditions of this permit. Mine dewatering activities that have the potential to drain wetlands must have secured and implemented all Operation and Monitoring Plan approved by the Division. Operation and Maintenance Plans shall include, but are not limited to: Groundwater monitoring strategies to demonstrate the effect of pumping and, as necessary, estabiish the pumping; regime necessary to reduce impacts. Detailed plans to maintain the surrolanding hydrology and the respective monitoring to dcillonstrate compliance. Pai-t III Page 5 of 9 Permit No. NCG020000 Alternative Site Specific pLtnlpitlg and inonitorim, re -isles may be approved by the Division on a case -by -case basis. The discharge of Mine dewaterin✓, wastewater that is directly humped front the pit through an erosion and sediinctltation control Structure prior to dischar471MI to surface Watel•S is not required to rcceivC an authorization to construct in accordance with Part 11, Sections A and B. Mine dewaterin" wastewater discharges )which requires additional treatlllent other thall erosion and SCdimentation control StRlCtLIrCS are subjCCt to the AlthOriZ11tion to construct requirement Analytical monitoring of illitle dewatering wastewater shall be pertornled as Specified below in "fable 6. For each parameter, an effluent lirriltation is contained in Table 9. An exceedence of any of these limitations IS a violation of the permit conditions and slay be SLlbjcct to enforcement action as specified in Part IV, Section A.2 of this permit. Tahlc 6. Monitoring Requirements for Mine De►►atering Wastewater Discharge Characteristics Units Measurement pre uencN,l Sample ['v c? Sample Location3 pH SAL Quarterly Grab E Settleable Solids 1111/1 Quarterly Grab E Total Sus ended Solids5 nig/I Quarterly Grab E Turbidity NTU Quarterly Grab E or U,D Fecal Coliform° col/nil Quarterly Grab E Total FIow4 MG Quarterly - E Footnotes: I The monitorim- Frequency is quarterly unless the effluent limitation in Table 9 is exceeded at which time monthly monitorin�o will be required for that puramctcr lior the remaining permit term. 2 A grab sample is not rcquircd for pH and TSS Irom a basin/ pond designed to contain or treat mine dewatering wastewater that results irom rainfall in excess of' 10-yr• 24-lir storm (this exemption is not available for mine dewatering ol'clay pits). 3 Sample Location: E — Effluent, U — Upstream. D — Downstream 4 Total Flow volume shall be recorded by a continuous Iluw nmasur•cmcnt instrument. Alternatively. pump curves and PumP logs may be used aS a means to calculate flow vultkmc. 5 Only facilities minim" Industrial Sand are rctjuired to monitor fur this parameter. 6 Only facilities discharging to waters classified as SA waters are rcquircd to monitor fi)r this parameter 2. Wastewater Associated With Sand/Gravel Minim During; the period beginning on the effective date ofthc permit and lasting until expiration, the permittee is authorized to discharge wastewater from minim of Sand and/or gravel operations. For the purposes Oftll1S permit, wastewater fi•otn milting; ol•sand and/or gravel is water that that Part III Page 6 of 9 Permit No. NCG020000 is conveyed front the mined sand and/or gravel throng// an erosion and sedimentation control facility prior to disch21-0111g to surface waters. A111h01'1Zat10[1 10 C011MI-lrCl and operate I-e(Iuirenlents (I)MI ll, Sections A and B) are not applicable to this type of wastewater operation. Analytical monitoring of wastewater drairling from mined sand and/or gravel shall be performed as specified below in Table 7. For each parameter. an effluent limitation is contained in Table 9, An excee(fencc of any of these limitations will result in a violation of the permit conditions and may be subject 10 enforcement action as specified in fart IV, Section A.2 of this permit. Table 7. Monitoring Requirements for Wastewater from Sand and/or Gravel Mining Discharge Characteristics Units Measurement Free uencyl Sample "I e2 Sample L,ocation3 11I s.u. Quarterly Grab E Settleable Solids 1111/1 Quarterly Grab E Total Sus ended Solids5 111gr 1 Quarterly Grab E TUrbidity I NTU Quarterly Grab E or U,D Total Flo«v4 I MG Quarterly - E Footnotes: I The numiturimt frequency is yuarter'i\ unless the etlllll'lll 111113tat1(1n ill I able y is exee(ded at which time n7on[hly monitorI g will be require(/ for that parameter for the remaining hermit term. 2 A _rah s,nriple is not required for pH and TSS from a basin/ pond designed to contain or treat process \wastewater lhal resulls 1roni rainfall in excess of I0-yr. 24-hr storm. 3 Sample Location: E— l"flluent, or combined (U — Upstream, t) — Downstream) 4 'Dotal flow voluntc shall be recorded by a continuous flow mcasurentcnl instrument. Alternatively, pump curves and pump logs may be used as a means to calculate flow voluntc. 5 Only facilities mining Industrial Sand are require([ to monitor for [his parameter. 3. Overflow From a Closed Loop Process Recycle Wastewater System Designed to Operate With Minimum of Two Feet of Freeboard During the period beginning on the effective date of the permit arid lasting until cxpiratio[l, the pet-n1111Ce 1S authorized to discharge overflow from the following closed loop process recycle wastewater systems designed and operated with two feet of freeboard (IuI'ing normal operation: a) Sand, Grave[ and Stone Washing Operations b) Dlmcrision Stolle Cutting Operations In c) Crusher Dust Control Operations For the purposes of this permit, overflow refers to a discharge that occurs as a result of a precipitation event that over -tops the two feet of freeboard. Closed loop is defined as limiting the water entering the system to makeup water that is added to operate the system at or below the two feet of4rceboard and/or precipitation that falls directly into the system. The system would also be Part Ill Page 7 of Permit No. NCG020000 designed to exclude stormwater runoff from draining into the system. Authorization to construct and operate requirements (Part 11. Sections A and B) are not applicable to this type of process wastewater operation. No analytical monitoring is required for overflow from closed loop process recycle wastewater systems designed to operate with two t`ect of fi•eeboard. 4. Overflow From Other Process Recycle Wastewater Systems During" the period beginning on the effective elate of the permit and lastitlg until expiration, the permittee is authorized to discharge overflow fi•om the following process recycle wastewater systenis that are not designed as closed loop recycle systems with two feet of freeboard: a) Sand, Gravel and Stone Washing Operations b) Dimension Stone Cutting Operations c) Air Scrubbing and Dust Control Operations Analytical monitoring of overflow from process recycle wastewater systems that are not designed as closed loop recycle systems with two feet of freeboard shall be performed as specified below in Table 8. For the purposes of this permit, overflow refers to a discharge of process wastewater as a result of a precipitation event. These systems don't meet the requirements for closed loop recycle systems and are not designed and operated with two feet of frecboard. Authorization to construct and operate requirements (Part 11, Sections A and B) are applicable to this type of process wastewater operation. Table 8. Monitoring Requirements for Overflow Front Process Recycle Wastewater Systems Discharge Characteristics Units Measurement Fre uenc l Sample 'I,ype2 Sample L,ocation3 pH s.u. Quarterly Grab E Settleable Solids 1111/1 Quarterly Grab E Total Sus ended Solids-5 mg/l Quarterly Grab E Turbidity NTU Quarterly Grab E or U,D Total Flo►►14 MG Quarterly - E F1lolllotes: I The monitoring frcquency is quarterly unless the diluent limitation in 'fable 9 is exceeded at which time monthly monitoring will be require(] lix that parameter fell' the renlairling permil term. 2 A grab sample is not requirc(I for hI-I and "I'SS born it basin/ Pon(f cicsiIIInc(I to contain or treat process wastewater that results From rainfall in excess of It)-yr, 24-hr storm. 3 Sample Location: E— Eillucnt. or combined (U — Upstreiull. 1) — Do+vnstreanl) 4 Total Flow volume shall be recorded by a continuous 11ow rllcasurcnlcnt instrument. Alternatively, Punlll curves and pump logs may be used as a mean. to calculate flow volume. 5 0111V f-116HuCS inrtllllg InLWStriill Sued are required to monitor lilr this parameter. Part III Page 8 0f 9 Permit No. NCG020000 `fable 9. F'ffluent Limitations for Process Wastewater and Mine De►vatering Wastewater Discharge Characteristics I?flluent Limitations Monthly Average Dailv Maximum Settleable Solids 0.1 n1I/l 0,2 n11/I Total Suslcnded Solids (Industrial Sand Mining)' n1"'/l 45 nuYl pl-I Ranzcl -------- 6,0 — 9.0 Turbidity (Freshwater noel -trout streams) -------- 50 NTU Turbidity (Non -trout lakes and saltwaters) ------- 25 NTU Turbidity (Trout waters) -------- 10 NTU hootnotcs: I The pl-I ranwc fiir saltm0cr• is 6.S-8.5. Designated swamp waters can have a pl I as Iowa-, 4.3 ifd(Jc to natural Conditions. N1ontl�ly Avcra C Limit fur discharges io waters designated as I IQw waters is 20 mg/I 5. BMP Conditions a) The pernliucc shall utilize best management practices to ensure that contaminants do not enter the surface waters as a resu]t of blostin- at the site. b) The permittee shall obtain authorization from the Director prior ro utilizing any c11en1ical flocculants. 6. Residual Management The residuals generated from treatment tacllities Used to meet the efflllC,llt limitations Must be disposed of in accordance with applicable standards and in a manner such as to prevent any pollutants from such materials from entering waters of the state or navigable waters of the United States. Part III Page 9 of 9 Permit No. NCG020000 PART IV STANDARD CONllITIONS FOR NPDES STORMWATE'll GENERAL, 111,10,11"1's SECTION A: COMPI.,IANCE AND I,IAI31L1'I'Y Conloliance Schedule a. The permittee shall comply with Limitations and Controls specified for stornlwater discharges in accordance with the following sChedlklC: (1) For Discharge From Process Areas and Vehicle Maintenance Activities: (a) Existing Facilities with First Stornlwater Permit. Develop and implement BMPs and stormwater controls as appropriate within the first 12 months of permit coverage. (b) Proposed Facilities. Develop and implement BMPs and stormwater controls, as appropriate prior to beginning alining operations. (2) For Discharges From Land Disturbance Activities: (a) Existing Facilities with First Stornlwater Permit. Implement BMPs and stormwater controls as appropriate, on the effective date of permit coverage. (b) Proposed Facilities. Develop and implenicrlt BMPs and stormwater controls as appropriate prior to beginning land disturbance activity. b. The permittee shall comply will) Effluent Limitations for wastewater discharges by the effective date of the permit unless otherwise specified in the permit. DutYto COmply The permittee must comply with all conditions of this general permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action: For certificate of coverage termination, revocation and reissuance, or modification, or denial of a certificate of coverage upon renewal application. The permittee shall comply kvith standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308. 3 18 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates such sections, or any permit condition or limitation is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or Part IV Page I of I I Permit No. NCG020000 both. In the case ofa second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. Any person who knowingly violates such sections, or any permit conditions or limitations is subject to criminal penalties of S5,000 to $50,000 per day of violation, or inlprisonnlent for not more than 3 years, or both. In the case ofa second or subsequent conviction for i knowing violation, a pet -soil shall be sub' ICCt t0 CI'lllllllal 1)e11i31t1eS of not ]pore than $100.000 per day of violation, or imprisonment of'not mcwc than 6 years, or both. Any person who knowingly violates such sections, or any permit conditions or limitations, and who knows at that time that he thereby places Another person in imminent danger ofdeath or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case ofa second or subsegLlent COinyiCtiOn for a knowing enciangernlent violation, a person shall be subject to a fine of not more than $500,000 or by in7prisonillent of not more than 30 years, or both. An organization (as defined in section 309 of the Clean Water Act) shall, upon conviction of'violatulg the in7mincnt danger provision, be Subject to a fine of'not more than $1,000,000 and can be filled up to $2,000,000 for second or subsequent convictions. Also, any person who violates a permit condition play be assessed an administrative penalty not to exceed $1 1,000 per violation with the Inilxtmlllll amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a)] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation nlay 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 adtnillistrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation iniplen7enting any of such Sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $1 1,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class 1I violations are not to exceed $1 1,000 per day for each day during which the violation continues, with the Illaxlllllllll amount of any Class 11 penalty not to exceed S 137,500. 3. Duty to Mitigate The permittee shall take all reasonable steps to minjmize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Section C of this part regarding bypassing of storinwater control facilities, nothing in this general permit shall be construed to relieve the pernlittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143- Part IV Page 2 of I Permit No. NCG020000 215.3. 143-215.6A. 143-215.613, 143-2 l 5.6C 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 ef'Icctive compliance may be temporarily suspended. Oil and Hazardous Substance I_iabili Nothing in this general permit shall be construed to preclude the institution of any legal action or relieve the permittee trom any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et sect. or Section 3 11 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this general permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion ofpersonal rights, nor any infringement of Federal,. State or local laws or regulations. 7, Sevcrability The provisions ofthis general permit are severable, and if any provision of this general permit, or the application of any provision ofthis general permit to any circumstances, is held invalid, the application of'such provision to other circumstances, and the remainder of this general permit, shall not be affected thereby. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general permit or to determine compliance with this general permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this general permit. 9. Penalties for Tamperin 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 general permit shall, upon conviction, be punished by a fine of not more than 510,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of'not more that $20.000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports Part IV Pagc 3 of I I Permit No. NCG020000 The Clean Water Act provides that any person who knowingly snakes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this general permit, includilZg monitoring reports or reports of Compliance oi' noncompliance Shall, Upon conviction, be punished by a fine of not more than S10,000 per violation, or by imprisonment for not more than two years per violation. or by both. SECTION R: CENFRAh CONDITIONS General Permit Expiration The permittee is not authorized to discharge Miter the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and tires 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 I80 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 SUblected to enforcement procedures as provided in NCGS § 143-21 53.0 and 33 USC 1251 ct.seq. 2. Transfers The certificate ofcoverage issued pursuant to this general permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and rcissuance ofthc certificate of coverage to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. When an Individual Permit May be Required The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual permit or coverage under an alternative general permit. Any interested person may petition the Director to take action under this paragraph. Cases where an individual permit may be required include, but are not limited to, the following: The discharger is a significant contributor of pollutants; b. Conditions at the permitted site change, altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a general permit; The discharge violates the terms or conditions of this general permit; d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; Part IV Page 4 of I I Permit No. NGG020000 e. Effluent limitations are promulgated for the point sources covered by this general permit; A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit. ti. The Director determines at his own discretion that an illdlvidual permit is required. 4. When an Individual Permit May be Requested Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit. 5. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. All notices of intent to be covered under this general permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation to charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the general 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; Part IV Page 5 of I Permit No. NCG020000 (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having, overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a nailed individual or any individual occupying a nailed position.); and (3) The written authorization is submitted to the Director. C. Any person signing a doCLrrlleilt Lender paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I and aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violatioils." 6. General Permit Modi fication Revocation and Reissuance or Termination The issuance of this general permit does not prohibit the Director from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general peri-nit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123. Title I5A of the North Carolina Administrative Code, Subchapter 2H .0100: and North Carolina General Statute 143- 215.1 et. al. After public notice and opportunity for a hearing, the general permit may be terminated for cause. The filing of a request for a general permit modification, revocation and reissuance, or termination does not stay any general permit condition. The certificate of coverage shall expire when the general permit is terminated. 7. Certificate of Coverage Actions The certificate of coverage issued in accordance with this general permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any general permit condition. SECTION C: 01"E"RATION AND MAIN"PENANCE OF POLLUTION COM'ROLS Proper Operation and Maintenance Part [V Pagc 6 of 1 1 Permit No. NCG020000 The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (.Ind related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this general permit. Proper operation and maIlltenalice 111SO includes adequate laboratory controls and appropriate quality assurance prOCCdUres. This provision requires the operation of back-up Or auxiliary facilities or similar systems which are installed by a permittec only when the operation is necessary to achieve compliance with the conditions of the general 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 general permit. Bypassing of Stormwater or Wastewater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage: and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or Maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of egmpment downtime or preventive maintenance; and The permittee submitted notices as required under Section E of this part. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Samplin�� Samples collected and Measurements taken, as required herein, shall be characteristic of the vohu»e and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. Part IV Page 7 of l I Permit No, NCG020000 Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the regUirements of this general pernlit, the permittee Shall record the followill" information: The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The indiVOLKII(s) who performed the sampling, measlrrel7lerltS, inspection or maintenance activity: C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; C. The analytical techniques or methods used, and The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent With accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of tile Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this general permit, all test procedures must produce rrlininlum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Nan-Stormwater Discharge 11'a monitored storm event coincides with a non-Stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stonrrwater discharge monitoring report. 6. Representative,-Outf ll l 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 Part IV Page 8 of I I Permit No. NCG020000 representative outf'all status. If it is established that the stormwater dischar-es are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed , a reduced number of outfalls. 7. Records Retention Qualitative monitoring shall be documented and records maintained at the facility. Copies ofanalytical monitoring results shall also be maintainer) on -site. The permittee shall retain records of all numitoring information. inCluding all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this general permit for a period of at least 5 year~ from the date of the sample, measurement. report or application. This period may be extended by request of tllc Director at any time. Inspection and Entry The permittee shall allow the Director, or an authorized representative (inClUdm" an authorized contractor actin~ as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of municipal operator or the separate storm sewer system receiving" the dischar"e, Upon the presentation ofcredentials and other documents as may be required by law. to: Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept Under the conditions of this general permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of tills general permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and d. Sample or monitor at reasonable times, for the purposes of assuring general permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREME-NTS Discharge Monitoring Retorts Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 calendar days after the end of the reporting period. Part IV Page 9 of l 1 Permit No. NCG020000 DOCIImCiltatiOn of the qualitative monitorini, associated with the initial analytical monitoring event shall be included with the required analytical monitoring submittal for the first year of the permit coverage. Analytical results from sampling during the final year of the hermit tcrm shall be submitted with the hermit renewal application. Submitting Reports Duplicate signed copies of all reports required herein, shall he submitted to the following address: Central Files Division of Water Quality 1617 Mail Service Center Ralei�0h, North Carolina 27699-1617 Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges 1 f the storm event monitored in accordance with this general permit coincide~ with a non- stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Changes The permittee shall give ,notice to the Director as soon as possible of any planned changes at the permitted facility which couid significantly alter the nature or quantity of Pollutants discharged. This notification requirement includes P0111.1tants which are not specifically listed in the general permit or subject to notification requirements under 40 CFR Part 122.42 (a). Part IV Page 10 of 1 1 Permit No. NCG020000 G. Anticipated Nonconnpliance The permittee shall give notice to the Director as soon as possible ofany planned changes Lit the permitted facility which may result in noncompliance with the general permit requirements. B n1 asti a. Anticipated bypass. If the permittec knows in advance of the need for a bypass, it Shall submit prior notice, if possibkc it least ten days before the date of the bypass, including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Twenty-four Hour Rel2orting The permittee shall report to the DWQ central office or the appropriate DWQ regional office any noncompliance which may endanger health or the cnvirorlrnent. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written Submisslon shall contain .I description of the noncompliance, and its causes, the period of Inoncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to resume; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The following shall be included as information which must be reported within 24 hours under this paragraph: ( I) Any unanticipated bypass which exceeds any effluent limitation in the general permit. (2) Any upset which exceeds any effluent limitation in the general permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the general permit to be reported within 24 hours. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 9. Other Noncom pliance The permittee Shall report all other instances of noncompliance not reported under the 24- hour reporting requirement at the time nnonitoring reports are submitted. 10. 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 general permit or in any report to the Director, it shall promptly submit such facts or information. Part IV Page l l of Permit No. NCG020000 PART V LIMITATIONS I2LOPENF.R This general permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard So issued or approved; a. Contains different conditions or is otherwise more stringent than any effluent limitation in the general hermit; or b. Controls any Pollutant not limited in the general permit. The oeneral permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART N'l ADMINISTERING AND COMPLIANCE MONITORING FEE R1;QUIRLMEINTS 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 a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Certificate of Coverage. PART VII 1)EFllN1110NS Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the sr.mimatioll of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates, in part, stormwater discharges. Non-storm water discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. Part V, VI and V 11 Page l of 7 Permit No. NCG020000 (b) Uncontaminated 4groundwater, IO1.111d2tion drains, air -conditioner condensate without added c}1c1111cals, springs, discharges of urlcontar11i11atCd potable water, waterline and fire hydrant flushings, water from footing drains, flows fi-orn riparian habitats and wetlands. (c) Discharges resuiting front tire-fi;lhting or fire -fighting trainin4'. 4. Best Managcmcnt Practices B{ N411s) NICasurCs or practices used to reduce the amount of'pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. 5. Bypass A bypass is the known diversion of slornlwater or wastewater from any portion of a BMP or control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw malerials, manufactured products, waste materials or by-products with a sin -le 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. Certificate of Covera,�c The Certificate of Coverage (COC) is the cover sheet which accompanies the general permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DWQ The Division of Water Quality, Department of Environment, and Natural Resources. 10. Director The Director of the Division of Water Quality, the permit issuing authority. 11. EMC The North Carolina Environmental Management Commission. Part V, VI and VIl Page 2 of 7 Permit No. NCG020000 12. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or dualitatIVely monitored must be taken within the first 30 miniltes of discharge. 13. Hazardous Suhstance Any substance designated under 40 CFR Part 116 pursuant to Section 31 1 of the Clean Water Act. 14. Landfill A disposal facility or part of disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. MUniCi lal Sc arate Storm Sewer System A stormwatercollection system within an incorporated area ofa local government such as a city Or town. 1 G. Notice of Intent "rhe state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a general permit. 17. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, cacludittg topsoil or similar naturally occurring surface materials that are not disturbed by mining operations. 18. Perillittee The owner or operator issued a certificate of coverage pursuant to this general permit. 19. Point Source Discharge of Stornwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which storniwater is or may be discharged to waters of the state. 20. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For Part V, VI and VII Page 3 of 7 Permit No. NCG020000 . example, if' it rains for 2 hours without producing any coIIectabIc dischar-c, and then stops, a sample may be collected if a rain producin411 a dISCha1-11e be11ins main within the next 10 hours. 21. Renresentative OLIdall Status When it is established that the dischaI]`C of stormwater runoff from a sin'ic oUttall is representative of the discharges at multiple outtalls, the DWQ may orant representative outfall status. Representative outfitll status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 22. Rinse Water Dischar The discharge of rinse water from equipincnt Cleaning areas associated with industrial activity. Rinse waters from vehicle and egUIprncllt Clean III areas are process wastewaters and do not Include washwaters utilizing any type of detergent or cleaning agent. 23. Secondary Containment Spill containment for the contents of the single lar4gest tank \vithin the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 24. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III ofthe 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 Ili, Section 313 reporting requirements: and C. Meets at least one of the following criteria: ( l } is listed in appendix D of 40 CFR part 122 on either Table 11 (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table 1V (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the CWA at 40 CFR 1 16.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part V, VI and VI I Page 4 01' 7 Permit No. NCG020000 25. 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 Itte absence of a bypass- Severe property damage does not mean economic loss Caused by delays ]n prodLICtiOn. 26. Si,nificant Materials 111CiLOCS, but is not limited to: raw materials, fuels; materials such as solvents, detergents, and plastic pellet~; finished materials such as metallic products, raw materials used In food processing or production. hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA, fertilizers, pesticides: and waste products such as ashes, slag and Sludge that have the potential to be released with stornlwater discharges. 27. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of repotiable quantities under section 31 1 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.2 l) or section 102 of CERCLA (Ref. 40 CFR 302.4). 28. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately tbllowing rainfall or as it result of Snowmelt. 29. Stormwater ,associated with Industrial Activi The discharge front any point source which is used for collecting and conveying slormwater and which is directly related to manufacturing, processing or raw rnaterial storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR I 22.26(b)( 14). The term does not include discharges from facilities or activities cxCluded front the NPDES program. 30. 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. 31- Ten Year Design Storm The precipitation event of a duration which will produce the maximum peak rate of runoff for the watershed of interest resulting front a rainfall event of an intensity expected to be equaled or exceeded, on the average, once in ten years. Part V, VI and V 1 I Page 5 of 7 Permit No. NCG020000 32. Total flow The flow corresponding to the time period over which the sample collection occurs. Total flow Shall be either-, (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount ofbuilf-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. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(l) of the Clean Water Act. 34. U )set Means an exceptional incident in which there is url]11tcrltional 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. Effect of all Upset. A11 Upset constitutes an affirmative defense to all action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c. of this condition are niet. 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. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permitted facility was at the time being properly operated-, and (3) The permittee submitted notice of the upset as required in Part IV, E. S of tills general permit. (4) The permittee complied with any renledia.l pleasures required under Part II, A. 2. of this general permit. Burden of Proof In any enibrcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof'. Part V, V1 and Vll Page 6 of 7 Permit No. NCG020000 35. Vehicle Maintenance Activit Vehicle rehabilitation, mechanical repairs, painting", fueling, lubrication, vehicle cleaning" operations, or airport deiein',-, operations. 36. Visible Scdlmentatioll 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, 24-110ur storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part V, VI and VI Page 7 of 7 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG140000 TO DISCHARGE STORMWATER 1 PROCESS WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of stormwater and process wastewater to the surface waters of North Carolina or separate storm sewer systems conveying stormwater to surface waters in accordance with the terms and conditions set forth herein. Coverage under this general permit is applicable to all owners or operators of stormwater point source discharges and process wastewater discharges associated with activities classified as establishments primarily engaged in Ready Mixed Concrete [Standard Industrial Classification Code (SIC) 3273]. Also included in this General Permit are stormwater discharges from those areas at the facilities described above which are used for vehicle maintenance activities. The following activities are specifically excluded from coverage under this General Permit: * Disposal of process wastewater not specifically designated in this permit into stormwater conveyances, storm sewer outfalls or into waters of the state. * Disposal of return concrete and dumping excess concrete directly into stormwater conveyances, storm sewer outfalls or into waters of the state. The General Permit shall become effective on August 1, 2004. The General Permit shall expire at midnight on July 31, 2009_ Signed this day July 13, 2004. Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Permit Na. NCG140000 , TABLE OF CONTENTS PART I INTRODUCTION Section A: General Permit Coverage Section B: Permitted Activities Section C: Permit Renewal PART I1 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements - Storimwater discharge Section C: Analytical Monitoring Requirements - Process wastewater discharge Section D. Qualitative Monitoring Requirements PART III STANDARD CONDITIONS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section 13: General Conditions L Continuation of the Expired General Permit 2. Transfers 3. When an Individual Permit May be Required 4. When an Individual Permit May be Requested Permit No. NCG140000 5. Signatory Requirements 6. General Permit Modification, Revocation and Reissuance, or Termination 7. Certificate of Coverage Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements L Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4, Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART V 1 DEFINITIONS m Permit No. NCG140000 PART I INTRODUCTION SECTION A: GENERAL PERMIT COVERAGE All persons desiring to be covered by this General Permit must register with the Division of Water Quality by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to any discharge of stormwater associated with industrial activity that has a point source discharge to the surface waters of the state. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 days prior to commencement of discharge. This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been revoked. Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be revoked and coverage under this General Permit be provided. Facilities submitting NOIs for coverage under this permit, prior to establishment or approval of a Total Maximum Daily Load (TMDL) for a priority pollutant(s) for stormwater discharges (i.e. wet weather flows), may be covered under this permit during its term. For such facilities continued coverage under the reissuance of this permit is subject to the facility demonstrating that it does not have a reasonable potential to violate applicable water quality standards for such pollutants due to the stormwater discharge(s). For facilities that do have a reasonable potential for violation of applicable water quality standards due to the stormwater discharge(s) the facility shall apply for an individual permit 180 days prior to the expiration of this general permit. Once the individual permit is issued and becomes effective the facility will no longer have coverage under the general permit. A list of approved TMDLs for the state of North Carolina can be found at http://h2o.enr.state.nc.us/trndl/General TMDLs.htm During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater and/or process wastewater associated with industrial activity as defined in this permit. Such discharges shall be controlled, limited and monitored as specified in this permit. Although this permit requires submittal of analytical monitoring results annually, discharges occurring throughout the year must meet the conditions and limitations of this permit. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater and process wastewater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this General Permit. All discharges shall be in accordance with the conditions of this permit. Part 1 Page 1 of 2 Permit No. NCG 140000 Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. The discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. SECTION C: PERMIT RENEWAL Dischargers covered by general permits need not submit new Notices of Intent or renewal requests unless so directed by the Division. If the Division chooses not to renew a general permit, all facilities covered under that general permit shall be notified to submit applications for individual permits or notified to take other appropriate actions at the discretion of the Director. Part 1 Page 2 of 2 Permit No. NCG140000 PART I1 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this general permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (b) A list of the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges (c) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (d) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (e) A list of significant spills or leaks of pollutants (see definitions) that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (1) 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 I1I, Standard Conditions, Section B, Paragraph S. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and Part 1l Page] of l 1 Permit No. NCG140000 nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Super -fund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices have a drain, the drain shall be controlled by manually activated valves or other similar devices, which shall be secured with a locking mechanism. If there is no drain, the containment shall be observed and pumped out as needed to maintain adequate capacity. Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, and visible sheens, prior to release of the accumulated stormwater. Accumulated stormwater shall be' released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMWs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment Part II Page 2 of I I Permit No_ NCG140000 and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 5. Employee Training. Training schedules shall be developed and training provided for all employees at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance, which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. Revision dates should be included on the pages changed. The Director, or his designee, 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, or his designee, 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, or his designee, that the changes have been made. 8. Facility Inspection Program. Facilities are required to inspect all BMP's and stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once during the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection, and any comments. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part H of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Part 11 Page 3 of 11 Permit No. NCG 140000 SECTION B. ANALYTICAL MONITORING REQUIREMENTS - STORMWATER DISCHARGE l . Stormwater associated with industrial activity that is not combined with process wastewater 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 that is not combined with process wastewater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1. For each parameter, the arithmetic mean of all analytical sampling results collected during the term of the permit shall be calculated for each individual outfall. The computed arithmetic mean is then compared to the cut-off concentrations listed below in Table 2. If the arithmetic mean is less than the specified cut-off concentration for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter (at that outfall) during the remaining term of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring at an individual discharge outfall, the permittee is required to maintain facility operations that ensure the continuation of stormwater runoff quality. TheMrmittee must perform_anal)gical sampling of stormwater discharges during the first and last year of the permit coverage regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit coverage must be submitted with the permit renewal application. All analytical monitoring shall be performed during a representative storm event. Table 1. Analytical Monitoring Requirements g< n Discharge Units Measuremebt 'Saiiiple Sample Characteristics Fr uet>Ec` ' Ty iez Location' H standard ana221]y Grab SDO Total Suspended Solids mrZI annually Grab SDO Total Rainfall° inches annually- - Event Duration minutes annually- - Total Flow' MG annually Grab SDO Footnotes: 1 Measurement Frequency: Once per year during a representative storm event. A year is defined as the 12 month period beginning on the month and day of issuance of the Certificate of Coverage. Sampling for the next year shall be scheduled to take place at least four months from the previous years sampling event. Part 11 Page 4 of I I Permit No, NCG140000 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. In all cases, water leaving the pond is to meet permit requirements. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Table 2. Cent -off Concentrations for Analytical Monitoring Requirements Dischar `e,Charaterisilks' °Cut-off Concentratiun' HI within range 6.0 - 9.0 Total Sus ended Solids !04 m I Footnotes: ] pH cannot be averaged due to the nature of the logarithmic pH state. The most recent pH sample result shall be used for cut-off concentration purposes. 2. Stormwater associated with industrial activity from on -site vehicle maintenance areas that is not combined with process wastewater 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 3. This monitoring shall be performed at all outfalls which discharge stormwater runoff from the vehicle maintenance areas. For each parameter, the arithmetic mean of all analytical sampling results collected during the coverage of the permit shall be calculated for each individual outfall. The computed arithmetic mean is then compared to the cut-off concentrations listed below in Table 4. If the arithmetic mean is less than the specified cut-off concentration for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter (at that outfall) during the remaining coverage of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring at an individual discharge outfall, the permittee is required to maintain facility operations that ensure the continuation of stormwater runoff quality. The permittee must perform analytical sampling during the first and last year of the permit coverse regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit coverage must be submitted with the permit Part 1I Page 5 of I 1 Permit No. NCG140000 renewal application. All analytical monitoring shall be performed during a representative storm event. Table 3. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Fret uenc ' Sample type" Sample Location H standard annually Grab SDO Total Suspended Solids Me annually Grab SDO Oil and Grease mg/1 annually__Grab SDO New Motor Oil Usa egallons/month annually Estimate - Total Rainfa114 incites annually- - Event Duration4 minutes annually- - Total Flow4 MG annually Grab SDO Footnotes: 1 Measurement Frequency: Once per year during a representative storm event. A year is defined as the 12 month period beginning on the month and day of issuance of the Certificate of Coverage. Sampling for the next year shall be scheduled to tame place at least four months from the previous years sampling event. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. In all cases, water leaving the pond is to meet permit requirements. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Table 4. Cut-off Concentrations for On -Site Vehicle Maintenance Activities llischalr e'Lliatacterlsties _ Cutoff Cont eiit"iraliilEi pH' within range 6.0 - 9.0 Oil and Grease 30 mg/l Total Suspended Solids 100 mg/l Footnotes: pH cannot be averaged due to the nature of the logarithmic pH scale. The most recent pH sample result shall be used for cut-off concentration purposes. Part 11 Page 6 of 11 Permit No. NCG 140000 SECTION C: ANALYTICAL MONITORING REQUIREMENTS - PROCESS WASTEWATER This general permit authorizes the discharge of process wastewater associated with four distinct activities. 1) Vehicle and equipment cleaning - external surfaces; 2) Overflow from recycle systems that receive stormwater runoff; 3) Wetting of raw material stockpiles; 4) Mixing drum cleaning. Discharge of process wastewater generated by any other activity is not authorized under this permit. In the event that authorized process wastewaters commingle prior to discharge, sampling the combined discharge will meet the conditions of this permit for those separate activities, with respect to the annual sample. In the case of commingled process wastewater, the most stringent of the applicable limits will apply. Note: For facilities which route stormwater and all process wastewater to a recycle system, no analytical monitoring of process wastewater discharges is required if that recycle system discharges only as a result of a 10 year - 24 hour precipitation event. Process Wastewater Associated with Vehicle and Equipment Cleaning During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge process wastewater associated with vehicle and equipment cleaning subject to the provisions of this permit. For the purposes of this permit, vehicle and equipment cleaning is limited to the rinsing of the external surfaces of vehicles and equipment. If detergents are used, they must be biodegradable and the pH adjusted to 6 to 9 standard units. With or without the use of detergents, wastewater released to the waters of the State must meet the requirements of Table 5 Analytical monitoring of process wastewater associated with vehicle and equipment cleaning discharges shall be performed as specified below in Table 5. Annual analytical monitoring shall be performed during a process wastewater discharge event associated with vehicle and equipment cleaning. Table 5. Analytical Monitoring Requirements Discharge Measurement n tly Saniple sainple Characi,eristics, Units :1+ wryuency' MAain�urn , Tylm' Location"'`` H° standard annually - Grab E Total Suspended Solids mgJ1 annually 30 mg1l Grab E Settleable Solids mi/l annually 5 ml/l Grab E Event Durations minutes annually- - - Total Flows allons annual - - E Part it Page 7 of 1 1 Permit No_ NCG 140000 Footnotes: 1 Measurement Frequency: Once per year during a discharge event. A year is defined as the 12 month period beginning on the month and day of issuance of the Certificate of Coverage. Sampling for the next year shall be scheduled to take place at least four months from the previous years sampling event. 2 If the discharge is controlled by a detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. In all cases, water leaving the pond is to meet permit requirements. 3 Sample Location: Effluent (E) = vehicle and equipment cleaning wastewater discharge outfall. 4 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 5 For each sampled discharge event the total discharge duration and total flow must be monitored. Total flow can be measured continuously or calculated. 2. Process Wastewater Associated with Recycle. Systems During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge process wastewater associated with the overflow of recycle systems subject to the provisions of this permit. Overflow discharge refers to a discharge associated with precipitation events in excess of the design storm, which produces influent that exceeds the design capacity of the system. Note: By design, a recycle system is closed loop and should not discharge on a routine or continuous basis. As such, the routine or continuous discharge of process wastewater from recycle systems is not authorized under this permit. Analytical monitoring of process wastewater associated with the overflow of recycle system discharges shall be performed as specified below in Table 6. All analytical monitoring shall be performed during a process wastewater discharge event associated with the overflow of recycling system. Table 6. Analytical Monitoring Requirements Discharge Measurement llaily Sample Sample Characteristics Units �lErequencyI ., Maximum Type' Location' Linlit H° standard annually - Grab E Total Sus ended Solids m 1 annually 30 mg/1 Grab E Settleable Solids ml/l annually 5 ml1l Grab E Event Durations minutes annually. - - - Total Flows allons annual l - - E Part 11 Page 8 of 11 Permit No. NCG 140000 Footnotes: I Measurement Frequency: Once per year during a recycle system overflow discharge event. If no discharge event occurs during the monitoring year, the permitte shall generate a signed certification stating that no discharge occurred and that no sample is required for that monitoring year. A year is defined as the 12-month period beginning on the month and day of issuance of the Certificate of Coverage. Sampling for the next year shall be scheduled to take place at least four months from the previous years sampling event. If the recycle system only discharges in response to a 10 year - 24 hour precipitation event, no monitoring is required. 2 Sample within the first 30 minutes of discharge. 3 Sample Location: Effluent (E) = recycle system discharge outfall. 4 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 5 For each sampled recycle system discharge event the total discharge duration and total flow must be monitored. Total flow can be measured continuously or calculated. 3. Process Wastewater Associated with Raw Material Stockpiles During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge process wastewater associated with wetting'of raw materials stockpiles subject to the provisions of this permit. Analytical monitoring of process wastewater associated with wetting of raw material stockpile discharges shall be performed as specified below in Table 7. All analytical monitoring shall be performed during a process wastewater discharge event associated with wetting of raw material stockpiles. Table 7. Analytical Monitoring Requirements 1)iscl>t:�irge ' 6 i.. a.d.}kh Measurement 4411)atl F,vP Y ' . Maximum 5anple 5ari>rpl� �liat•acterislics . , - .Units: t Frequency � � Liriiit�x" Type z Locatao>!il . H3 standard annually - Grab E Total Suspended Solids mg/1 annually 30 m I Grab E Settleable Solids mIA annually_ 5 ml/I Grab E Event Duration minutes annually- - - Total Flow allons annually_ - - E Footnotes: 1 Measurement Frequency: Once per year during a discharge event. A year is defined as the 12 month period beginning on the month and day of issuance of the Certificate of Coverage. Sampling for the next year shall be scheduled to take place at least four months from the previous years sampling event. 2 Sample Location: Effluent (E) = raw material stockpile discharge outfall. 3 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. Part II Page 9 of 1 I Permit No. NCG140000 4 For each sampled discharge event the total discharge duration and total flow must be monitored. Total flow can be measured continuously or calculated. For discharges in excess of 24 hours, report total flow in 24-hour period and event duration in days. 4. Process Wastewater Associated with Mixing Drum cleanout During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge process wastewater associated mixing drum cleanout subject to the provisions of this permit. Analytical monitoring of process wastewater associated with mixing drum cleanout -- discharges shall be performed as specified below in Table 8. All analytical monitoring shall be performed during a process wastewater discharge event associated with mixing drum cleanout. Table 8. Analytical Monitoring Requirements Daily Discharge Measurement MaxintiNm Sample Sample C�haracterlstics , .IZtits Free ue�tcy�' l �,� '�.amtt .'Type I ocation2 r, PH standard annually - Grab E Total Suspended Solids mg/1 annually 30 me Grab E Settleable Solids ml/1 annually 5 ml/1 Grab E Event Duration" minutes annually- - - Total Flow" gallons annually - - E Footnotes: t Measurement Frequency: Once per year during a discharge event. A year is defined as the 12 month period beginning on the month and day of issuance of the Certificate of Coverage. Sampling for the next year shall be scheduled to take place at least four months from the previous years sampling event. 2 Sample Location: Effluent (E) = Mixing drum cleanout area discharge outfall. 3 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 4 For each sampled discharge event the total discharge duration and total flow must be monitored. Total flow can be measured continuously or calculated. Part it Page 10 of It Permit No. NCG140000 SECTION F: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall and/or combined stormwater / process wastewater outfall regardless of representative outfall status and shall be performed as specified below in Table 9. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater and combined stormwater 1 process wastewater outfalls does not need to be performed during a representative storm event. The first qualitative monitoring event durin the coverage of the ermit must coincide with the initial analytical monitoring event (regardless of the season). All other qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 9. Qualitative Monitoring Requirements Discharge Characteristics '.Frequency Monitoring l:.acatinn Color Semi -Annual Discharge Outfall Odor Semi -Annual Dischar e Outfall Clarit Semi -Annual Discharge Outfall Floating Solids Semi -Annual Discharge Outfall Suspended Solids Semi -Annual Discharge Outfall Foam Semi -Annual Discharge Outfall Oil Sheen Semi -Annual Discharge Outfall Other obvious indicators of stormwater pollution Semi -Annual Discharge Outfall Footnotes: 1 Monitoring Location: Qualitative monitoring shall be performed at each stormwater/process wastewater discharge outfall regardless of representative outfall status. Part 11 Page l l of 11 Permit No. NCG140000 PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS SECTION A: COMPLIANCE AND LIABILITY I. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial certificate of coverage issued pursuant to this general permit and updated thereafter on an annual basis. Secondary containment, as specified in Part H, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial certificate of coverage. Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part H, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to Comply, The permittee must comply with all conditions of this 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 renewal application. (a) The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $27,500 per day for each violation. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than I year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 Part III Page I of 19 Permit No. NCG140000 per day of violation, or by imprisonment of not more than 2 years, or both. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. (c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. (d) Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class 11 violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $137,500. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Section C of this permit regarding bypassing of stormwater control facilities, nothing in this general permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143- 215.3, 143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this general permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which Part III Page 2 of 19 Permit No. NCG140000 the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. b. Property Rights The issuance of this general permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 7. Severabilit_Y The provisions of this general permit are severable, and if any provision of this general permit, or the application of any provision of this general permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this general permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to deterrine whether cause exists for modifying, revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general permit or to determine compliance with this general permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this general permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this general permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this general 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. Part III Page 3 of 19 Permit No. NCG140000 SECTION B: GENERAL CONDITIONS 1. General Permit Expiration The permittee is not authorized to discharge after the expiration date of this General Permit. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers The certificate of coverage issued pursuant to this general 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 certificate of coverage to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required to notify the Division in the event the permitted facility is sold or closed. 3. When an Individual Permit May be Required The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual permit or coverage under an alternative general permit. Any interested person may petition the Director to take action under this paragraph. Cases where an individual permit may be required include, but are not limited to, the following: a. The discharger is a significant contributor of pollutants; b. Conditions at the permitted site change, altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a general permit; C. The discharge violates the terms or conditions of this general permit; d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; e. Effluent limitations are promulgated for the point sources covered by this general permit; f. A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit. g. The Director determines at his own discretion that an individual permit is required. Part III Page 4 of 19 Permit No. NCG 140000 4. When an Individual Permit May be Requested Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit. Si ng_atory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All notices of intent to be covered under this general permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the general permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental 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. Part III Page 5 of 19 Permit No. NCG 140000 Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 6. General Permit Modification, Revocation and Reissuance, or Termination The issuance of this general permit does not prohibit the Director from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general 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 .0I00; and North Carolina General Statute I43- 215.1. et. al. After public notice and opportunity for a hearing, the general permit may be terminated for cause. The filing of a request for a general permit modification, revocation and reissuance, or termination does not stay any general permit condition. The certificate of coverage shall expire when the general permit is terminated. T Certificate of Coverage Actions The certificate of coverage issued in accordance with this general permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any general permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall 'at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this general permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the general permit. Part III Page 6 of 19 Permit No. NCG140000 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and The permittee submitted notices as required under Section E of this permit. ' If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. 4. Bypassing of Wastewater Treatment Facilities The permittees may allow any bypass to occur which does not cause effluent 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 Part III, Section C.4.a and Part III, Section CA.b. a. Notices (1) Anticipated bypass. If the permittees 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. (2) Unanticipated bypass. The permittees shall submit notice within 24 hours of becoming aware of an unanticipated bypass as required in Part III, Section E.7. of this permit. b. Prohibition of Bypass (1) Bypass is prohibited and the Director may take enforcement action against the permittees for bypass, unless_ Part III Page 7 of 19 Permit No. NCG 140000 (a) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and (b) There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of untreated waste or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup 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 permittees submitted notices as required under Part III, Section CA.a of this permit. (2) The Director may approve an anticipated bypass, after considering its adverse affects, if the Director determines that it will meet the three conditions listed in Part III, Section CA.b.(1) of this permit. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this general 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; The date(s) analyses were performed; d. The individual(s) who performed the analyses; C. The analytical techniques or methods used: and Part III Page 8 of 19 Permit No. NCG 140000 f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this general 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. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site (preferably in the SPPP file). The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this general permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; Part ID Page 9 of 19 Permit No. NCG 140000 a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this general permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this general permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and d. Sample or monitor at reasonable times, for the purposes of assuring general permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director_ Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. Documentation of the qualitative monitoring associated with the initial analytical monitoring event shall be included with the required analytical monitoring submittal for the first year of the permit coverage. Analytical results from sampling during the final year of the permit coverage shall be submitted with the permit renewal application. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality As Part Ill Page 10 of 19 Permit No. NCG140000 required by the Act, analytical data shall not be considered confidential. Knowingly - making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this general permit coincides with a non- stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. . Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the general 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 general permit requirements. 7. Noncompliance -Notification The permittees shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the wastewater treatment facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. C. Any failure of a treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. Part III Page 1 1 of 19 Permit No. NCG140000 8. Bypass Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 9. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 11. 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 general permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 12 of 19 Permit No. NCG140000 PART IV LIMITATIONS REOPENER This general permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: Contains different conditions or is otherwise more stringent than any effluent limitation in the general permit; or b. Controls any pollutant not limited in the general permit. The general permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Certificate of Coverage. PART VI DEFINITIONS Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: Part H] Page 13 of 19 Permit No. NCG 140000 (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Management Practices BMPs Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. 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 Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies the general permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DWQ The Division of Water Quality, Department of Environment and Natural Resources. Part III Page 14 of 19 Permit No. NCG140000 W. Director The Director of the Division of Water Quality, the permit issuing authority. 11. EMC The North Carolina Environmental Management Commission. 12. Grab Sample An individual samples collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. Municipal Se crate Storm Sewer System A stormwater collection system within an incorporated area of local self- government such as a city or town. 16. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a general permit. 17. 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. 18. Permittee -The owner or operator issued a certificate of coverage pursuant to this general permit. Part III Page 15 of 19 Permit No. NCG140000 19. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 20. Process Wastewater For the purposes of this permit, process wastewater is wastewater generated from the following activities: (a) Vehicle and equipment cleaning operations. For the purposes of this permit, vehicle and equipment cleaning is limited to the rinsing of the external surfaces of vehicles and equipment. If detergents are used, they must be biodegradable and the wastewater pH adjusted to 6 to 9 standard units (b) Recycle system operations overflow discharge. Overflow discharge refers to a discharge associated with an excessive precipitation event, which produces influent that exceeds the design capacity of the system. By design, a recycle system is closed loop and should not discharge on a routine or continuous basis. As such, the routine or continuous discharge of process wastewater from recycle systems is not authorized under this permit. (c) Raw material stockpile wetting operations. This includes wetting for control of temperature and moisture content. Washing of raw materials is not authorized under this permit. (d) Mixing drum -cleaning operations. This includes vehicle mixing drum and facility mixing drum cleaning. it also includes flushing the bed of a dump truck, if used to deliver concrete to a job site. 21. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 22. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. Part 111 Page 16 of 19 Permit No. NCG 140000 23. 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. This structure must have an impervious bottom and walls sealed to hold the chemicals stored within the structure. The walls will preferably be poured concrete, rather than concrete block_ 24. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 25. Severe Pro ert Dama e 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. 26. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste Part III Page 17 of 19 Permit No. NCG140000 products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 27. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 28. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 29. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 30. 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. 31. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. 32. 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. 33. -Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and maintaining water duality standards, in all seasons, for a specific waterbody and pollutant. (A list of approved TMDLs for Part III Page 18 of 19 Permit No. NCG140000 the state of North Carolina can be found at http://b2o.enr.state.ne.us/tmdl/General_TMDLs.htm) 34. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 35. 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. 36. Vehicle Maintenance Activit Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 37. Vehicle and equipment cleaning For the purposes of this permit, this cleaning is limited to the rinsing of the external surfaces of vehicles and equipment. If detergents are used, they must be biodegradable and the pH adjusted to 6 to 9 standard units 38. 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. 39. 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. Part III Page 19 of 19 A rFRQG 7 r June 4, 2004 City of Morganton Ms. Sally Sandy City Manager PO Box 3448 Morganton, NC 28680-3448 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Subject: General Permit No. NCG 110000 Alan W. Klimek, P.E. Director Division of Water Quality Catawba River Water Pollution Control Facility COC NCG 110083 Burke County Dear Ms. Sandy: In accordance with your application for a discharge permit received on May 26, 2004 we are forwarding herewith the subject certificate of coverage to discharge under the subject state — NPDES general permit. This Permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate ol' coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water- Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Jonathan Diggs at telephone number (919) 733-5083 ext. 537. Sincercl OBIGIN4 SIGNED BY WILLIAM C. MILLS Alan W. Klimek, P.E. cc: Asheville Regional Office Central Files Stormwater and General Permits Unit Files N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699.1617 (919) 733-7015 WMEN t Customer Service 1 800 623.7748 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG110000 CERTIFICATE OF COVERAGE No. NCGI10083 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1. other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, City of Morganton is hereby authorized to discharge stormwater from a facility located at Catawba River Water P011eltiOn Control Facility 1000 Vine Arden Rd. 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'�. �p^.,iu .r 1� A '•��,'1'( F \ 1� i ..r"7 wr �� y 7- ll�� •� ..6..�..-�'k,= ^ice � -�: �), � � ,� �'�,� �. • � ;.�• �;•� Gopynghl (G) 1997, Maptech, Inc, Markers Name: City of Morganton Warehouse and Garage NCGO80724 Short Name: CtyfMr Coordinates: 0350 45' 45.2" N, 0810 40' 49.4" W Comment: City of Morganton Warehouse and Garage, subbasin (03-08-31), Catawba River Basin, Burke County, UT to Catawba River, Class WS-IV, USGS quad D12SW Name: Catawba River Water Pollution Control Facility NCG110083 Short Name: CtwbRv Coordinates: 0350 46' 35.0" N, 0810 39' 47.0" W Comment: Catawba River Water Pollution Control Facility, subbasin (03-08-31), Catawba River Basin, Burke County, Catawba River, Class WS-IV, USGS quad D12SW North Carolina Department of Environment and Natural Resources O 0° WA7-,S � Technical Bulletin for N.C. General Stormwater Y Permits NCG05, 07, 11, & 13 Technical Bulletin for NCG0500001 0700001 1 100001 130000, Volume IV Last Revised 12/2/2008 What activities are covered by these general permits? NCGO50000 allows stormwater discharges associated with activities classified as establish- ments primarily engaged in: Apparel and other finished products made from fabrics and similar materials [standard industrial classification (SIC) 231; Printing, publishing, and allied industries [SIC 27]; Converted paper and paperboard prod- ucts [SIC 267]; Paperboard containers and boxes [SIC 2651; Miscellaneous manufacturing industries [SIC 39]; Leather and leather products [SIC 31]; and Rubber and miscellaneous products [SIC 30]; and similar activities (see permit.) Excluded., Leather tanning and finishing [SIC 311] and Tires and inner tubes [SIC 301]. NCG070000 allows stormwater discharges associated with activities classified as establish- ments primarily engaged in: Stone, Clay, Glass, and Concrete Products [standard industrial classi- fication (SIC) 32]; similar activities. Excluded: Ready -mixed concrete [SIC 3273] and Hydraulic Cement [SIC 3241]. NCG110000 allows stormwater discharges associated with activities classified as Treatment Works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage, treatment, recycling, and recla- mation of municipal or domestic sewage, with a design flow of 1.0 million gallons per day or more, or facilities which are required to have an approved pretreatment program under Title 40 CFR §403, including lands dedicated to the disposal of sewage sludge that is lo- cated within the confines of the facility. NCG130000 allows stormwater discharges associated with activities classified as establishments primarily engaged in: wholesale trade of non-metal waste and scrap (hereafter referred to as the non- metal waste recycling industry, a portion of standard industrial classification (SIC) 5093); similar activities. Excluded: wholesale trade of metal waste and scrap, iron and steel scrap, and nonferrous inetal scrap; waste oil recycling; and automobile wrecking for scrap. What does this permit require me to do? r keyPerniitRequire Men S • Implement a Stormwater Pollu- tion Prevention Plan (SPPP) (Part 11, Section A). • Provide secondary containment for all bulk storage of liquid mate- rials. (Part 11, Section A, 2.(b)). + Perform and document semi- annual qualitative monitoring during a representative storm event. (Part II, Section B). • Perform semi-annual analytical monitoring for vehicle mainte- nance area, if present, and submit the results on the monitoring re- port forms provided with the per- mit. (Part II, Section C)• What are BMPs, and why are they important? The SPPP should include the use of Best Management Practices (BMPs) to control discharge of pollutants from a facility's stormwater out - falls. BMPs include a variety of things that the industrial facility can do to minimize the potential for pollutants to get into the stormwa- ter draining from a facility. There are different types of BMPs: Non-Str-itctural BMPs Non-structural ()ractices or activi- ties) BMPs include: * Eliminate exposure of materials and equipment wherever possible by moving materials and equipment to indoor locations. * Practice good housekeeping on - site. Keep materials handled and stored at the facility in an orderly fashion. * Exchange hazardous materials for non -hazardous ones wherever possible. * Establish routine leak and main. tenance checks to minimize the chance of spills before they occur. � PAGE TECHNICAL BULLETIN FOR N.C. GENERAL STORMWATER PERMITS NCG05, 07, 11, & 13 LAST REV.12n108 What does this permit require me to do? (continued) When spills occur, clean them up immediately. * Establish bulk storage tank protocols that minimize the risk of spills during loading and unload- ing procedures. * Store used pallets and process waste dunipsters inside or under a roof where water cannot now on or around them. Structural BMPs Structural (equipment or devices) BMPs include: * Build containment dikes around the loading areas of bulk liquid storage containers. * I practical, change painting operations from liquid systems to powdered systems that. do not Could I monitor at fewer outfalls? All outfalls associated with vehi- cle maintenance must be moni- tored. However, the facility may request approval of "Represent- ative Outfall Status." This status allows analytical monitoring at fewer outfalls. To request, repre- sentative outfall status, send a letter to the DWQ Regional Office explaining which outfall(s) can be considered representative of other discharges and include all neces- sary supporting documentation. Where can I find more information? Additional information is avail- able at our website (see right). Another valuable source is the Division of Pollution Prevention and Environniental Assistance. The DPPEA has specific informa- tion about how to minimize pol- lutants at various industries. Call (919) 571-4100 or visit lit,t,l)://%vww.1)2pays.org/ generate solvent wastes. * Build roofs and secondary con- tainment around materials stored outside where stormwater cannot contact them. Could I be exempted from an NPDES stormwater permit? Possibly. A facility with any indus- trial activity subject to the NPDES Stormwater regulations that elimi- nates all potential stormwater ex- posure may be eligible for a No Ex- posure Exclusion from a st,orniwa- ter permit. A facility that meets this condition may submit a No Exposure Certification application form (see NC DWQ's Stormwater Do I need a certified lab to analyze stormwater samples? Monitoring under all NPDES per- mits must be conducted in accor- dance with test procedures ap- proved under federal regulations in 40 CPR §136. All labs certified by North Carolina perform analysis in accordance with those procedures. While N.C. certification require- ments do not apply to stormwater only discharges, any data gathered under an NPDES permit must con form to federal requirements. Us- ing a certified lab is one way to en - Permitting Unit's website: lit tp:l/h2o.enr.stale.uc.ualsu) to apply for a No Exposure Exclu. sion. The facility must re- certify No Exposure every five (5) years. What if I sell my business, or the name of my business changes? This change is a minor modifica- tion and requires the Director's approval. You should complete the Naine/Ownership Change Form SWU-239. This form is downloadable from our website, http:llhln.e� n r.w tnCc.nc�.0 v15u. sure compliance with these re- quirements. A list. of certified labs is available from: littp:// h2o.enr.st:ate.tic. usllableert..ht:m Note that pH is a field parameter and must be measured within 15 minutes. You must either train on -site staff to measure pH in accordance with approved methods or contract with cornrner- cial services. All entities with field parameter certification as per 15A NCAC 2H .0800 can ana- lyze pH in accordance with federal procedures (see website for list). Who can help me with questions? Your questions about. stormwater permit requirements can be addressed to the Division of Water Quality Offices: Asheville Office......... (828) 296-4500 Washington Office........ (252) 946-6481 Fayetteville Office...... (910) 433-3300 Wilmington Ofrt"ice........ (910) 796-7215 Mooresville Office...... (704) 663-1699 Winston-Salem Office.... (336) 771-5000 Raleigh Office........... (919) 791-4200 Central Office .............. (919) 807-6300 more information about the programs of the Division of Water Quali Stormwater Permitting Unit, see our home page at: hup:11h2o.enns1a1e. nc.uslsu N NORTHCAROLIN,I DIVISIONOF FYATER QUALITY �Jpril 16, 2003 NCG050000, NCG070000, NCG110000, NCG130000, and NCG210000 The stormwater oermittin program's objective is to reduce the pollutant load in stormwater runoff bv: 1- Educating the permitted community about stormwater pollutants, 2- Encouraging the use of Best Management Practices (BMPs) to minimize the entry of pollutants into stormwater, and 3- Using collected analytical data to assess stormwater's contribution to water pollution to help prioritize controls in problem areas. Key Permit Requirements ❑ Implementation of a Stormwater Pollution Prevention Plan (SPPP) (Part 11, Section A). ❑ Provide secondary containment for all bulk storage of liquid materials. (Part II, Section A: 2. (b))• ❑ Perform and document semi- annual qualitative monitoring. (Part II, Section B). ❑ Perform annual analytical monitoring for vehicle maintenance area, if present, and submit the results on the monitoring report forms provided with the permit. (Part II, Section C), Obtaining Representative Outfall ^ Status If a facility has more than one stormwater outlall from the vehicle maintenance area(s) then the permit requires that all such outfalls be monitored. However, the permit also allows for the facility to request "Representative Outfall Status". Representative Outfall status allows the facility to perform analytical monitoring at a reduced number of outfal Is. Application is made by a letter to the Stormwater and General Permits Unit clearly explaining which Outfall(s) is/are to be considered representative of other discharges from the site. A copy of the site map used in the SPPP that delineates drainage areas, industrial activities, and any other potential stormwater pollutant exposures shall be included with the letter to support the application. BMP's The Stormwater Pollution Prevention Plan should include the use of Best Management Practices (B,MP's) to control the discharge of pollutants from a facility's stormwater outfa115. BMP's include a variety of things that the industrial facility can do in order to minimize the potential for pollutants to get into the stormwater draining from a facility. The following outlines some potential types of BMP's. Non -Structural BNIP's Some examples of non-structural (practices or activities) BMP's are as follows: • Eliminate exposure of materials and equipment wherever possible by moving materials and equipment to indoor locations. • A very effective and cost effective BMP is to practice good housekeeping on -site. Keep materials handled and stored at the facility in an orderly fashion. • Examine process and exchange hazardous materials for non- hazardous ones wherever possible. • Establish routine leak and maintenance checks to minimize the chance of spills before they occur. When spills do occur, clean them up immediately. A xi r_ NCDENR Establish bulk storage tank protocols that minimize the risk of spills during loading and unloading procedures. Store used pallets and process waste dumpsters inside or under a roof where water cannot flow on or around them. Structural BMP's Some examples of structural (equipment or devices) BMP's are as follows: • Build containment dikes around the loading areas of bulk liquid storage containers. • Where practical, change painting operations from liquid systems to powdered systems that don't generate solvent wastes. • Build roofs and secondary containment around any materials stored outside so that stormwater doesn't run onto them and carry pollutants away with it. No Exposure Certification Facilities that eliminate all of their potential stormwater exposures do not require a stormwater permit. Facilities that meet these conditions need to complete an EPA No Exposure Certification form and mail that to our attention at; N.C. Division of Water Quality Water Quality Section Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, N.C. 27699-1617 You can download a copy of the No Exposure Certification (EPA Form 35 10-11) from our website, http://h2o.enr.state.ne.us/su/storm water.html. If facility changes its operations so as to be exempt after it has already obtained a permit it may send a letter explaining the changes that have been made and request rescission of their existing permit. )ther sources of information on North Carolina's Stormwater Permitlin;_, Program The following documents are available through the stormwater permitting group by calling (919)733- 5083. • Summary of Ilederal National Pollutant Discharge Application Regulations for Stormwater Discharges Associated with Industrial Activities. • Stormwater Pollution Prevention Plans for Stormwater Runoff at Industrial Activities. • Stormwater Pollution Prevention Plan Guidance Document. • Stormwater Management Guidance Manual. The Unit can be found on the World Wide Web at http://h2o.enr.state.ne.us/su/storm water.html. Another source of information is the DENR Customer Service Center. They may be reached at 1-877-NC ENR 4 U (1-877-623- 6748) or http://www.envhelp.or2/. An additional source of information is the Division of Pollution Prevention and Environmental Assistance. They have lots of specific information on how to minimize pollutants at various types of industries. They may he reached at (919) 571-4100 or http://www.p2p-,iys.oriz/. Commonly asked questions 1) Do all stormwater outfalls need to he analytically monitored? Only those outfalls that drain areas of the facility where vehicle maintenance activities using over 55 gallons of new motor oil per month need to be analytically monitored. Also, see previous discussion on representative outfall status. 2) What happens if when I pull samples for my annual analytical - monitoring I'm unable to get a sample for one of the parameters? If this happens it is fine to go ahead and just sample for the missing parameter during the next representative storm event, just be sure to note the total rainfall, event duration, and total flow apart from the initial monitoring data. 3) Does a certified lab need to be used to analyze stormwater samples? Yes, a North Carolina certified lab must be used to perform analytical monitoring. The only exception to this rule is when measuring the value of pH. pH values should be measured in the field because they may change considerably between when the sample is pulled and it is analyzed at the laboratory. A list of certified labs can be found at (http://www.esb-onr.state.nc.tis/lab/tic cert.asp). 4) How do you average the first year's analytical monitoring results? The measured concentration of a particular pollutant collected during the first year's analytical monitoring is the average value for that parameter since dividing it by one gives the same value for cut-off purposes. 5) What If I Sell My Business Or The Name of My Business Changes ? The Division views changes of name or ownership as a minor modification and requires the Director's approval. Name and ownership changes require you to complete a Name/Ownership Change Form SWU-239. The form is downloadable from our website. ChanL3es in Reissued General Permits These permits include some clarifying and updated language throughout the permit. In addition language has been added to address coverage under these permits for discharges to waters with approved TMDLs (Part 1 Section A). Language has also been added to Part I Section B in reference to water quality standards. Other Information Additional Technical Bulletins will be available in the future from the Division. Contact us at: htip://h2o.enr.statc.nc.tis/su/stor mwater.html N.C. Division of Water Quality Water Quality Section Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, N.C. 27699-1617 Phone 919-733-5083 Fax 919-733-0719 Please make us aware of any issues you fee! should be addressed in future Technical Brdletins. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Atari W. Klimek, P.E. Director Division of Water Quality March 31, 2006 City of Morganton 1000 Vine Arden Rd Morganton, NC 28680 Subject: General Stormwater Permit Inspections Catawba River Pollution Control Facility Permit No. NCG110083 Burke County Dear Sir or Madam: Your facility holds a general permit from the North Carolina Division.of Water Quality to discharge stormwater associated with industrial activities performed at your facility. Please be advised that the Asheville Regional Office will be performing NPDES stormwater inspections sometime in the near future. If this office has not previously inspected your facility, you should be prepared to demonstrate compliance with all terms and conditions included in the permit. Specifically, we will'be evaluating the following: your stormwater pollution prevention plan, stormwater outfall locations, qualitative and analytical monitoring data and any other activities required by your permit. Please note that any data reported to the State must be analyzed by a facility that has a North Carolina laboratory certification, either as a full laboratory or as a facility certified to perform on -site field testing. If you have any questions regarding the generation of your facility's data, please feel free to call Gary Francies at (828) 296-4677. Copies of the general permits and accompanying documents can be accessed from the following webpage: hitp:Ilii>it)w.ncii,(tlergziality.vrg/su/Foi-m,s_Docun7ents,.hUn#stornni,aterGP. If you have any questions, please contact me in the Asheville Regional Office at (828) 296-4500. Sincerely, Starr Silvis Environmental Engineer cc: NPS Compliance & Assistance Oversight Unit SWP-Central Files ARO Files N°ncCarolina Mhtura!!y North Carolina Division of Water Quality 2090 U.S. tiwy 70 Swannanoa, NC 28779 Phone (828) 2964500 Fax (828) 299-7043 lnternet: hnp:/Awm.ncwaterquality.org/ An Equal OpporiunitylAHirmativeAction Employer