HomeMy WebLinkAboutNCS000333_COMPLETE FILE - HISTORICAL_20031013STORMWATER-DIVISION CODING SHEET
RESCISSIONS .
PERMIT NO.
DOC TYPE
rl- COMPLETE FILE - HISTORICAL
DATE OF
RESCISSION
❑ go L3 J ty 1 3
YYYYMMDD
4 NPDES FACILITY AND PERMIT DATA 01/05/96 14:10:27
UPDATE OPTION TRXID SNU KEY NCS000333
PERSONAL DATA FACILITY APPLYING FOR PERMIT REGION
FACILITY NAME> CMI, INC -FINISHED FABRICS DIV COUNTY> SURRY 04
ADDRESS: MAILING (REQUIRE➢) LOCATION CREQUIRED)
STREET. P.O. BOX 620 STREET: 304 EAST MAIN STREET
CITY: ELKIN ST NC ZIP 28621 CITY: ELKIN ST NC ZIP 28621
TELEPHONE 910 835 2211 DATE FEE PAID: 03/09/95 AMOUNT: 400.00
STATE CONTACT> MILLS PERSON IN CHARGE ABNER BROWN
1=PROPOSED,2=EXIST,3=CLOSE➢ 1 1=MAJOR,2=MINOR 2 1=NUH,2=NON-MUN 2
LAT LONG: N=NEW,M=MCDIFICATION,R=REISSUE> N
DATE BPP RCVD 09/26/95 WASTELOAD REDS
DATE STAFF REP REDS / / WRSTELOAD RCVD
DATE STAFF REP RCVD / / SCH TO ISSUE
DATE TO P NOTICE / / DATE DRAFT PREPARED 01/05/96
DATE OT AG CON REQS / / DATE DENIED
DATE OT AG CON RCVD / / DATE RETURNED
DATE TO EPA / / DATE ISSUED / / ASSIGN/CHANGE PERMIT
DATE FROM EPA / / EXPIRATION DATE
FEE CODE ( 4 ) 1=0IOMGD),2=0I MGD),3=()0,1MGD),4=C<0,1MGD),5=SF,6=(GP25,64,79),
7=(GP49,73)8=(GP75)9=(GP13,34,30,52)0=(NOFEE) DIS/C 73 CONBILL C )
COMMENTS: WSRO WANTED INDIV. (WAS NCG170219)
MESSAGE: LATITUDE/LONTITUDE MUST BE ALL NUMERIC
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PO Box 530, Elkin NC 28621. (336)835-0244
I N T E R F A C E
F A B R I C S G R O U P
October 6, 2003
NCDENR- Division Of Water Quality
Attn.: Bill Mills
1641 Mail Service Center
Raleigh, NC 27699-1641
RE: Permit No. NCS000333
Dear Mr. Mills:
Attached to this letter is a check for $80.00, due to an error it was not included in our stormwater
application packet that was sent last week. Please give me a call if you have any questions at
(336)835-0244, sorry for any inconvenience.
Sinc'errellay,
W Vv
Will Fritz
Environmental Engineer
OCT 13 2003
l DERR -WATER QUALITY
PO Box 530, Elkin NC 28621. (336)835-0244
•
r��
I N T C R F A C C
F A B R I C S G R 0 U P
September 25, 2003
NCDENR- Division of Water Quality
Stormwater and General Permits Unit
Attn.: Bill Mills
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Mr. Mills:
40 The purpose of this letter is to address stormwater permitting for the Interface Fabrics Group (IFG)
facility located in Elkin, North Carolina.
IFG owns and operates a textile manufacturing facility located in Elkin, North Carolina. The facility as it
is currently configured, was sub -divided from the larger CMI property in May 2000. At the time of sub-
division, an Ownership Name Change Form was submitted to NCDENR by CMI transferring
Stormwater Permit NCS000333 to Chatham, Inc. A copy of the Ownership Name Change Form is
enclosed in Appendix A. Chatham Inc., a wholly owned subsidiary of Interface Fabrics Group, Inc.,
changed its name to Interface Fabrics Group in December 2002. The remaining portions of the
property were retained by CMI and have been subsequently leased to other parties.
A stormwater permit renewal application, prepared by ENSR International, was submitted in November
of 2000 by Chatham, Inc. Since that time IFG has operated under the provisions of the old permit, and
paid the associated annual permit fee(copies of the invoices are attachment 5 in appendix B), pending
renewal of this permit. In February and March of 2001, NCDENR representatives conducted two
onsite inspections for conformance with the stormwater permit. Stormwater permit NCS000333 was
referenced as the applicable permit for the facility.
Recently, I contacted NCDENR (Steve Mauney) to follow-up on the status for the renewal of the
stormwater permit. Discussions with NCDENR staff indicated that there was confusion regarding the
transfer of the stormwater permit from CMI to IFG (originally in the name of Chatham, Inc.) and the
permit renewal. It was decided that IFG should submit an updated permit renewal application.
Enclosed in Appendix B is the updated renewal application for NCS000333.
Since the time of facility purchase in 2000, IFG has made significant upgrades to the facility that have
significantly reduced the actual and potential impacts to stormwater. Based upon these changes, and
the current Best Management Programs in place, IFG believes that the facility qualifies for the
• Page 2
September 25, 2003
NCDENR general permit for textile manufacturing facilities (NCG17000). For your consideration, we
49 have enclosed in Appendix C a completed application form for this stormwater general permit.
After your review of the attached materials, I would appreciate an opportunity to discuss with you the
appropriate stormwater permitting requirements for IFG. In the meantime, should you have any
questions, please do not hesitate to contact me at (336) 835-0244.
Sincceereely, 10
0,
�
Will Fritz
Environment and Energy Engineer
Enclosure: Appendix A, Appendix B, Appendix C
c: Mike Hargett- IFG-w/o enclosures
Wendy Porter— IFG
0
0
MAY..,- 02' 00 (TUE) 11:30 SUTHERLAND ASBILL k BRENNAN
l N O U S T R/ f .s Al r
•
_TEL:404 853 8806
1301 Gervale Streol • Sulu: 700 - posl O(flae Drawer 11599 • Columbio. South Carolina 20211 • a03/771.4Q4 • 90 MI-0463 FAX
May 1, 2000
Stormwater and General Permits Unit
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1617 Mail Service Center
Raleigh , North Carolina 27699-1617
Re: CMI Industries, Inc.
Elkin, North Carolina
Stormwater Discharge Permit No. NCS000333
Ownership Change/Permit Transfer
Dear Sir or Madam:
P_006/Oli
Effective May 1, 2000, CMI Industries, Inc. ("CM1") transferred a portion of its
facility in Elkin, Slurry County, North Carolina to a new owner, Interface Fabrics Group, Inc.
("Interface"). Accordingly, CMI requests a transfer of its Stormwater Discharge Permit No.
NCS000333. Interface will continue to comply with all curront permit requirements.
Enclosed are the following documents:
(1) A NCDENR Permit Name/Ownership Change Form; and
(2) A copy of the certificate evidencing the transfer of the facility.
.MAY:.-Dt 00(TUE) ll:31 SUTHERLAND ASBILL & BRENNAN
State of North Carolina
® Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr,, Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
TEL:404 853 8806
P. 008/017
NCDENR
FNVINONMENT AND NATURAL Fi=SOURCG9
1. : jU MNT PERMIT MORMATTON!
or
Certificate of Coverage Number:
1. Permit holder's name: CMI Tnduatries Trt
2. Permit's signing off)einns name and Iltic Harry B. 4uL1.i van
(Person legally responsible for permit)
Director of
(Title)
3. M@iling address: P.O. Drawer 1 589 City: Col nmbi a
State: SC Zip Code:29211 Phane:(B64) 9sR-779e
II. NEW OWNiERNAMB TNFORMATTON,
I. This request for change is a result of:
EXT q Change in ownership e[property/company —E] Nume change only
_❑ Other (please explain):
2. Neew�owner's/opera or's name (nametobe put/on permit/ eeraflca[e olcowrxge):
j�
I New owner's/operamr's at signing olHcialls name and title: PT D P V 6-
(Person legally responsible far perm Q
(Title)
ts 4. Mailing eddrs: V Ll 1� �T�?/� City: U u I �lr l 7
stater Zip Code: O t{ttti Lam_ Pboon�e�: (.dd,) Cu 7H 33 �
Facility Contact: �Qa.D1vPr C4 In��idL2—iT1L►'1r r _ rti1T.
SWU•239-090199
MAV-02'00(TUE) 11:51 ySUTHERLAND ASBILL & BRENNAN TEL:404 853_8806 _ P.009/Ol7
® PERNUT NAME / OWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER
QUA 4TY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE
SUBMITTAL.
•
REQUTIZED ITEMS:
I. This completed appiication
2. Lcga) documentation of the transfer of ownership (such as a contract, deed, articles of incorporation)
Cerdficatlon muss be completed and signed by bob the current permit holdcr and the new applicant in the case of
change of ownership. For name change only, complete and sign the application certification.
Current Permittee's Certification:
L Tames A. Ovenden attest that this application for
name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I undersand
that if all required parts of thin application are not completed and that if all required supporting information and
attachments arc not included, this applicahan package will be returned as incomplete.
Date: May 1, 2000
, nowt that this Lpplicarion for a
natne/ownership change has beet reviewed and is accurate and complete to the best of my knowledge. I understand
that if ail;equired parts of this a pllcation are not completed and that if all required supporting informmadon and
auachtnentn are o9k)ncluded rht application package will be remmed as incomplete.
THE COMPLETED APPLICATION PACICAGE, INCLUDING ALL SUPPORTING INFORMATION &
MATERIALS, SHOULD 13I3STINT TO THE FOLLOWING ADDDRESS:
Stormwater and General Permits Unit
Division of Water Quality
2617 Mail Service Center
Raleigh, North Carolina 27699.1617
S WTI.239.n6 t 999
-MAY:-02'00(TUE) 11:30 SUTHERLAND ASBILL & BRENNAN TEL:404 853 8806 P.007/017
• 1 N D u s r R l T S 7 N C.
1301 Gar+ala Strain • Sult6 700 • Post Otpca Drawer 115B9 Columbia, South Camllna 20211 • 503n71-4434. 8031771.0463 FAX
Stormwater and General Pits Unit
Divisiop of Water Quality
North Carolina Department of Environment
and Natural Resources
May 1, 2000
Page 2 of 2
'hank you for your attention to this matter.
Sincerely yours,
CMI INDUSTRIES, INC.
® By. 4-;----
ICL--t A -a,ewd a
•
79BRICS GROUP, INC.
wOCORP 726407.1
l�iSar/viw
/_aN771Y>Y'
° eW^re
or90� PERMIT COVERAGE
o�` RENEWAL APPLICATION FORM Permit Number
National Pollutant Discharge Elimination System NCS000333
Stormwater Discharge Permit
® THIS APPLICATION MUST BE SIGNED AND RETURNED ALONG WITH THE REQUESTED SUPPLEMENTAL
INFORMATION TO THE DIV. OF WATER QUALITY IN ORDER FOR YOUR FACILITY TO QUALIFY FOR
RENEWAL OF YOUR STORMWATER PERMIT NCS000333
The following is the information currently in our database for your facility. Please review this information carefully
and make all corrections as necessary in the space provided to the right of the current information.
OWNER INFORMATION
Owner/Org. Name:
Owner Contact:
Mailing Address:
Phone Number:
Fax Number
E-mail address:
FACILITY INFORMATION
Facility Name:
Facility Contact:
Facility Address:
Phone Number:
Fax Number
E-mail address:
PERMIT INFORMATION
Permit Contact:
Mailing Address:
Phone Number:
Fax Number:
E-mail address:
DISCHARGE INFORMATION
Discharge Receiving Water: YADKIN RIVER
Stream Class: C
Basin: YADKIN - PEE DEE
Sub -Basin #: 030702
Number of outfalls:
CERTIFICATION
I certify that I am familiar with the information contained in the application and that to the best of my knowledge and
belief such information is true, complete and accurate.
z�- loaf-J
Signature d a�e—�/ Dale ./ 3
asw e5 /J. co, W" ell Di,ez4e of OPp,Alii s
Print or type name of person signing above Title
Please return this completed renewal application form to:
Individual Permit Renewal
Attn:
Stormwater and General Permits Unit
1617 Mail Service Center
kaieigh. North Carodna 27699-1617
SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES
STORMWATER PERMIT
Two copies of each of the following shall accompany this submittal in order for the application to be
considered complete:
(Do not submit the site Stormwater Pollution Prevention Plan)
Initials
Ad-- 1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of
industrial activities (including storage of materials, disposal areas, process areas and
loading and unloading areas), drainage structures, drainage areas for each outfall, building
locations and impervious surfaces should be clearly noted.
Wr 2. A summary of Analytical Monitoring results during the term of the existing permit (if your
permit required analytical sampling). Do not submit individual lab reports. The summary
can consist of a table including such items as outfall number, parameters sampled, lab
results, date sampled, and storm event data. *
�JF 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports.
The summary can consist of a table including such items as outfall number, parameters
surveyed, observations, and date monitoring conducted.
4. A summary of the Best Management Practices utilized at the permitted facility. Summary
should consist of a short narrative description of each BMP's in place at the facility. If the
implementation of any BMP's is planned, please include information on these BMP's.
IilF 5. A short narrative describing any significant changes in industrial activities at the permitted
facility. Significant changes could include the addition or deletion of work processes,
changes in material handling practices, changes in material storage practices, and/or
changes in the raw materials used by the facility.
WF 6. Certification of the development and implementation of a Stormwater Pollution Prevention
Plan for the permitted facility (Sign and return attached form).
* If the final year analytical monitoring of the existing permit term has not been completed
prior to filing the renewal submittal, then the last years monitoring results should be
submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal
submittal waiting on lab results)
Representative storm sampling may now be conducted anytime during the year (the April to
November window has been eliminated) and the representative rainfall event is now
defined as a storm event that measures greater than 0.1 inches and is preceded by at least 72
hours in which no storm event measuring greater than 0.1 inches has occurred.
0
Attachment 2 Interface Fabrics Group South, Inc.
Permit No. NCS000333
BSummary of Anylitical Monitoring
�2RiF71F'ii
Parameter
Result
Sample Date
Rainfall
pH
6.26
7/30
.5
Oil/ Grease
ND
7/30
.5"
Lead
ND
7/30
.5
TSS
20 mg/I
7/30
.5"
Detergents
ND
7/30
.5"
Outfall #2
Parameter
Result
Sample Date
Rainfall
pH
6.29
7/30
.5
Oil/ Grease
ND
7/30
.5
Lead
ND
7/30
.5
TSS
3.2 mg/I
7/30
.5
Detergents
ND
7/30
.5
0
Attachment 3 Interface Fabrics Group South, Inc.
07/31/2003 Permit No. NCS000333
oSemi -Annual Visual Monitoring Summary
Outfall #1
11/0212000
04/01/2001
11124/2001
04122/2002
11/11/2002
04/10/2003
Color
clear
none
none
none
none
none
Odor
none
none
none
none
none
none
Clarity
good
clear
clear
clear
clear
clear
Floating Solids
none
none
none
none
none
none
Suspended Solids
none
none
few
few
few
few
Foam
none
none
none
none
none
none
Oil Sheen
none
none
none
none
none
none
Other
na
I na
I na
I na
I na
I na
Outfall #2
11/02/2000
04/01/2001
11/24/2001
04/22/2002
11/11/2002
04/10/2003
Color
clear
none
none
none
none
none
Odor
none
none
none
none
none
none
Clarity
good
clear
clear
clear
clear
clear
Floating Solids
none
none
none
none
none
none
Suspended Solids
none
none
few
few
few
few
Foam
none
none
none
none
none
none
Oil Sheen
none
none
none
none
none
none
Other
na
I na
I na
I na
I na
I na
0
Attachment 4
® Interface Fabrics Group
Permit No. NCS000333
July 3, 2003
1. BEST MANAGEMENT PRACTICES
Good Housekeeping practices is the primary method used by Interface Fabrics Group
(IFG) to minimize the potential for contaminants to enter the storm water discharged
from the plant site. The site drainage map shows the areas of the plant site which have the
greatest risk of introducing contaminants to the discharges.
It is the responsibility of all employees to observe good housekeeping practices and
maintain their work areas inside and outside the facility buildings in a clean and orderly
manner. Any observed areas of poor housekeeping will be immediately corrected or
reported to the appropriate management personnel for correction. All observed spills,
trash or debris is properly cleaned up and disposed of according to local, state and federal
regulations where appropriate.
The Maintenance personnel at the IFG facility maintain a preventative maintenance
program whereby qualified maintenance personnel check all equipment. The frequency
of inspections and maintenance will be determined by the breakdown history for
individual equipment. Emphasis will be placed on material handling & loading
® equipment as this equipment is used outside the facility buildings. The periodic
inspection of all equipment will help uncover conditions that may cause breakdowns or
failures, which could result in discharges of pollutants in the storm water runoff from the
plant site.
Visual inspections of the facility grounds and storm water drainage areas are a most
important part of the prevention of containment runoff from the plant yard. Each team
member is responsible for performing daily visual inspections of their work areas of
responsibility. If materials have spilled or are out of order, the team member will contact
the appropriate personnel for clean up or correcting the problem area. All employees are
instructed to maintain good housekeeping in their work areas and correct any out of order
conditions.
All hazardous materials, upon receipt are handled and stored properly, no drums or
obsolete equipment are stored outside so as to minimize pollutants to stormwater. All
AST's have been upgraded to ensure proper containment during loading and unloading.
2. Spill Prevention and Response Procedures
An effective spill prevention and response program is an important part of the SW3P.
Improperly handled spills inside the facility could potentially contribute pollutants to the
storm water discharge from the site. The IFG facility is required to maintain a SPCC
plan, which establishes policies and procedures in the event of a petroleum spill. The
SPCC plan is consistent with the SW3P plan. In the event of a spill or release outside of
Page 1 of 2
Attachment 4
® the facility the following steps will be implemented immediately: Assure employees
safety, stop spill at source, identify spilled material, notify emergency coordinator,
contain area, start notification process, recover spilled material, prepare internal report,
evaluate SW3P and SPCC plans and amend if necessary.
•
3. Significant Changes
In May of 2000 CMI Industries sold the property, selling one parcel and leasing the other.
The largest portion was sold to Chatham, Inc, a wholly owned subsidiary of Interface
Fabrics Group, Inc. The remaining portion retained by CMI was leased to another
company. At that time CMI transferred the ownership of the stormwater permit over to
Chatham, Inc., since that time Chatham, Inc. has changed its name to Interface Fabrics
Group.
IFG has invested heavily at the facility. Operational changes include elimination of the
Stock Dye and Blending departments and increasing the Weaving, Piece Dying, and
Finishing departments.
In 2001 IFG made significant improvements to the Above Ground Storage and
Containment program that significantly reduced actual and potential impacts to
stormwater. We have eliminated 11 AST's throughout the facility and have installed 5
new AST's with containment walls and high and low cut off switches and proper loading
and unloading areas.
Additionally, significant areas of unvegetated soil have been regarded and vegetated and
site housekeeping has been improved in reduced pollutants to stormwater.
Page 2 of 2
�iiatltam•
CHECK REQUEST
CHA - 176
Ile sue Check to: N� D EN 2 ' I iyn 4 [ Icy , ` Date:_ p 3
For:
r
$ 71 Syn
check to: w, �� -ri+z
Amount
C]
PURCHASE REQUISITION Signed �/.u� T 2.
Finished Fabrics Division Dept. Vim - 79y
..............................................................................................................
ANNUAL PERMIT INVOICE
(Return This Portion With Check)
Permit Number: NCS000333
Chatham Inc/Interface Fabrics
0
J DERRILL RICE
INTERFACE FABRICS GROUP INC
PO BOX 620
Annual Fee Period:
Invoice Date:
Due Date:
Annual Fee:
%-Ppck
4/1/2003 to 3/31/2004
May 19, 2003
June 18, 2003
$715.00
I
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
INVOICE
® Annual Permit Fee
This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs
associated with your permit. It is required of any person holding a permit for any time during the annual fee
period, regardless of the facility's operating status. Failure to pay the fee by the due date will subject the
permit to revocation. Operating without a valid permit is a violation and is subject to a $10,000 per day fine.
If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding
the permit request may be denied due to changes in environmental, regulatory, or modeling conditions.
Permit Number: NCS000333 Annual Fee Period: 4/1/2002 to 3/31/2003
Chatham Inc/Interface Fabrics Invoice Date: May 15, 2002
J Derrill Rice Due Date: June 14, 2002
Chatham Inc
PO Box 620 Annual Fee: $715.00
Elkin NC 28621
Notes
0
1. A $20.00 processing fee will be charged for returned checks in accordance with the North Carolina
General Statute 25-3-512.
2. Non -Payment of this fee by the payment due date will initiate the permit revocation process.
3. Remit payment to:
NCDENR -Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
4. Should you have any questions regarding this invoice, please contact the Annual Administering and
Compliance Fee Coordinator at 919-733-5083 extension 210.
11
9
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
INVOICE
Annual Permit Fee
This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs
associated with your permit. It is required of any person holding a permit for any time during the annual fee
period, regardless of the facility's operating status. Failure to pay the fee by the due date will subject the
permit to revocation. Operating without a valid permit is a violation and is subject to a $10,000 per day fine.
If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding
the permit request may be denied due to changes in environmental, regulatory, or modeling conditions.
Permit Number: NCS000333 Annual Fee Period: 411/2001 to 3/3112002
Invoice Date: May 11, 2001
J. DERRILL RICE Due Date: June 10, 2001
CHATHAM, INC/INTERFACE FABRICS Annual Fee: $715.00
P.O. BOX 620
ELKIN NC 28621
Notes:
1. A $20.00 processing fee will be charged for returned checks in accordance with the North Carolina
General Statute 25-3-512.
2. Non -Payment of this fee by the payment due date will initiate the permit revocation process.
3. Remit payment to:
NCDENR -Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
4. Should you have any questions regarding this invoice, please contact the Annual Administering and
Compliance Fee Coordinator at 919-733-5083 extension 210.
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
KerrT. Stevens, Director
October 13, 2000
ABNER BROWN
CHATHAM MANUFACTURING
P.O. BOX 620
ELKIN, NC 28621
N Cm D' E N R
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NPDES Stormwater Permit Renewal
Chatham Manufacturing
Permit Number NCS000333
Surry County
Dear Permittee:
Your facility is currently covered for stormwater discharge under NPDES Permit NCS000333. This permit expires
on April 30, 2001. In order to assure your continued coverage under your permit, you must apply to the Division
of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in
advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form,
supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application
form along with the requested supplemental information will constitute your application for renewal of your permit.
The application form must be completed and returned along with all requested information by November 30, 2000
in order to constitute a timely renewal filing.
As of January 1, 1999, legislation modified the fee structure for DWQ permits. Renewal fees have been eliminated
and annual fees have been changed. The new annual fee for your permit is now $715.00 (you will be invoiced at a
later date for your annual fee.) A copy of the new fee schedule is enclosed in this package.
Failure to request renewal by November 30, 2000 may result in a civil assessment of at least $250.00. Larger
penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility
without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and
could result in assessments of civil penalties of up to $10,000 per day.
If you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater and
General Permits Unit at (919) 733-5083, ext. 548.
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Stormwater and General Permits Unit Files
Winston-Salem Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919.733-5083 Fax 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
1\
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
July 28, 2000
Mr. J. Derrill Rice, President
Chatham, Inc., a division of Interface Fabrics Group, Inc.
PO Box 620
Elkin, NC 28621
Dear Mr. Rice:
NC®ENR
Subject: Permit Modification -Name and
Ownership Change
Chatham, Inc., a division of Interface Fabrics
Group, Inc.
Permit No. NCS000333
(formerly CMI, Inc. Finish Fabrics Division)
Surry County
In accordance with your request received June 8, 2000, the Division is forwarding the subject
permit. The changes in this permit are only with regard to a name and an ownership. All other terms and
conditions in the original permit remain unchanged and in full effect. This permit modification is issued
pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of
Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6,
1983.
This permit does not affect the legal requirement 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 government permit that may be required.
If you have any questions concerning this permit, please contact Mr. Mack Wiggins at telephone
number (919)733-5083, extension 542.
SineWIINAL SIGNED BY
WILLIAM C. MILLS
Kerr T. Stevens
cc: Central Files
Winston-Salem Regional Office, Water Quality Section
Stormwater and General Permits Unit
Point Source Compliance Unit
1617 Mail Service Center Raleigh, NC 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
NCS000333
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful
.standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Chatham, Inc., a division of Interface Fabrics Group, Inc.
is hereby authorized to discharge stormwater from a facility located at
304 East Main Street
Elkin
Surry County
to receiving waters designated as Yadkin River, a class C stream, in the Yadkin -Pee Dee River
Basin
in accordance with the discharge limitations, monitoring requirements, and other conditions set
forth in Parts I, II, III, and IV hereof.
This permit shall become effective July 28, 2000.
This permit and the authorization to discharge shall expire at midnight on April 30, 2001.
Signed this day July 28, 2000.
ORIGINAL SIGNED BY
WOW 0. MILLS
for Kerr T. Stevens, Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCS000333
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 Permit. All
discharges shall be in accordance with the attached schedules as follows:
Part I: Monitoring, Controls, and Limitations for Permitted Discharges
Part II: Standard Conditions for NPDES Stormwater Permits
Part III: Limitations Reopener
Part IV: Administering and ComplianMonitoring Fee Requirements
Any other point source discharge to surface watersof t\state is prohibited unless covered by
another permit, authorization or approval.
This pemut does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgement, or decree.
Pa.-e 2
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Permit No. NCS000333
PART I
MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
SECTION A: FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES
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 below.
1. 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 II, Standard
Conditions, Section E.8. of this 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:
(1) 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.
(2) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices.
(31 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 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.
(4) A list of significant spills or leaks of pollutants that have occurred at the facility
during the 3 previous years and any corrective actions taken to mitigate spill
impacts.
(5) 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 II, Standard Conditions, Section
B .9.
Page 4
Permit No. NCS000333
b. 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:
(1) A study addressing 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 practicable the permittee shall cover all
storage areas, material handling operations, manufacturing or fueling operations to
prevent materials exposure to stormwater. In areas where elimination of exposure
is not practicable, the stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.
(2) A schedule to provide secondary containment for bulk storage of liquid materials,
storage of Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) water priority chemicals, or storage of hazardous
materials to prevent leaks and spills from contaminating stormwater runoff. If the
secondary containment devices are connected directly to stormwater conveyance
systems, the connection shall be controlled by manually activated valves or other
similar devices [which shall be secured with a locking mechanism) and any
stormwater that accumulates in the containment area shall be at a minimum visually
observed for color, foam, and visible sheens, prior to release of the accumulated
stormwater. Accumulated stormwater shall be released if found to be
uncontaminated. Records documenting the individual making the observation, the
description of the accumulated stormwater and the date and time of the release shall
be kept for a period of five years.
(3) :'_ narrative description shall be provided of Best Management Practices (BMPs) to
be considered such as, but not limited to, oil and grease separation, debris control,
vegetative filter strips, infiltration and stormwater detention or retention, where
necessary. The need for structural BMPs shall be based on the assessment of
potential of sources to contribute significant quantities of pollutants to stormwater
discharges and data collected through monitoring of stormwater discharges.
(4) Inspection schedules of stormwater conveyances and controls and measures to be
taken to limit or prevent erosion associated with the stormwater systems.
Spill Prevention and Response Plan. The Spill Prevention and Response Plan shall
incorporate a risk assessment of potential pollutant sources based on a materials inventory
of the facility. Facility personnel (or team) responsible for implementing the plan shall be
identified in the plan. A responsible person shall be on -site at all times during facility
operations that have the potential to contaminate stormwater runoff through spills or
exposure of materials associated with the facility operations.
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.
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
Page 5
Permit No. NCS000333
operations that have the potential to contaminate stormwater runoff. Facility personnel (or
team) responsible for implementing the training shall be identified in the Plan.
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(s) assignments provided.
Plan Ammendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. The Stormwater Pollution
Prevention Plan shall be reviewed and updated on an annual basis.
The Director may notify the pern ittee 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
II, Standard Conditions, Section B, #9) to the Director that the changes have been made.
h. Facility Inspections. Inspections of the facility and all stormwater systems shall occur at a
minimum on 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 a narrative description of the facility's stormwater control
systems, plant equipment and systems. Records of these inspections shall be incorporated
into the Stormwater Pollution Prevention Plan.
Visual monitoring as required in I.A.2.g.(1) shall be performed in addition to facility
inspections.
Implementation. Implementation of the plan shall include documentation of 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.
Pa,-e 6
Permit No. NCS000333
2 Minimum Monitoring and Reporting Requirements
Minimum monitoring and reporting requirements are as follows unless otherwise approved in
writing by the Director of the Division of Environmental Management.
a. 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 outNll status, then
sampling requirements may be performed at a reduced number of outfalls.
b. Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry
weather flow shall be performed at all stormwater discharge outfall locations. All visual
monitoring shall be documented and records maintained with the Stormwater Pollution
Prevention Plan. The initial visual monitoring event shall be performed simultaneously
with the first analytical monitoring event and documentation of only this initial visual
monitoring event shall be submitted along with the required analytical monitoring submittal.
c. For purposes of the stormwater sampling required in this permit, all samples shall be
collected from a discharge resulting from a representative storm event (See Part II,
Standard Conditions, Section A). Failure to monitor storm events in accordance with the
specified frequency shall constitute a violation of this permit. If the stormwater runoff is
controlled by a detention pond, the following sampling requirements shall apply:
(1) If the detention pond detains the runoff generated by one inch of rainfall for 24
hours, visual observations for color, foam, outfall staining, visible sheens, and dry
weather flow are required, but analytical sampling shall not be required.
(2) If the detention pond discharges only in response to a storm event exceeding a 25-
year, 24-hour storm (See Part II, Standard Conditions, Section A), the pond shall
be considered a non -discharging stormwater control system and not subject to
NPDES requirements, unless the discharge causes a violation of water quality
standards.
d. Samples analyzed in accordance with the terms of this permit shall be submitted on forms
provided by the Director no later than January 31 for the previous year in which sampling
was required to be performed.
e. Analytical results from sampling during the fmal year of the permit term shall be submitted
with the permit renewal application.
f. This permit regulates stormwater discharges. Non-stormwater discharges which shall be
allowed in the stormwater conveyance system are:
(1) All other discharges that are authorized by a non-stormwater NPDES permit.
(2) 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.
(3) Discharges resulting from fire -fighting.
Page 7
Permit No. NCS000333
If the storm event monitored and reported in accordance with this permit coincides with a
non-stormwater discharge, the permittee shall separately monitor and report all parameters
as required under the non-stormwater discharge permit and provide this information with
the stormwater discharge monitoring report.
g. Specific Stormwater Monitoring Requirements
The specific stormwater monitoring requirements includes both analytical and visual monitoring of
stormwater samples. Specific monitoring requirements are defined below.
(1) Visual Monitoring
Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless .
of representative outfall status, 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. Visual monitoring of stormwater outfalls does not
need to be performed during a representative storm event.
Stormwater Discharge
Characteristics
Fre uenc I
Monitoring
T 2
Monitoring
Locatio0
Color
Semi -Annual
Visual
SDO
Odor
Semi -Annual
Visual
SDO
Clarity
Semi -Annual
Visual
SDO
Floating Solids
Semi -Annual
Visual
SDO
Suspended Solids
Semi -Annual
Visual
i SDO
Foam
Semi -Annual
Visual
SDO
Oil Sheen
Semi -Annual
Visual
SDO
Other obvious indicators
of stormwater pollution
Semi -Annual
Visual
SDO
Footnotes:
I Frequency: V :suai monitoring will be per.`c^ned twine per year, once
and once in the fall.
2 Monitoring Type: Visual monitoring requires a qualitative visual observation of each
stormwater outfall. No analytical testing or sampling is required.
3 Sample Location: Stormwater Discharge Outfall (SDO)
Page 8
Permit No. NCS000333
(2) Analytical Monitoring Requirements for Vehicle Maintenance Activities)
Stormwater Discharge
Characteristics
nits
Measurement
Ere uenc 2
Sample
TT
Sample
Location3
H
standard
annually
Grab
SDO
Oil and Grease
m
annually
Grab
SDO
New Motor Oil Usage
allons/month
annually
Estimate
SDO
Total Flow4
MG
annually
Grab
SDO
Lead, Total Recoverable5 .
m
annual)
Grab
SDO
Total Suspended Solids
m
annually
Grab
SDO
Detergents (MBAS)6
m
annually
Grab
SDO
Footnotes:
I Stormwater discharges from 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 be monitored by the permittee as specified above.
2 Measurement Frequency: Once per year.
3 Sample Location: Samples to be taken 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.
5 Total recoverable lead monitoring is r?nuired only at facilities whe.rr, fuc'ir� ; r.
6 Detergent monitoring is required only at facilities which conduct vehicle cleaning
operations.
(3) Cut-off Concentrations for Vehicle Maintenance Activities
The arithmetic mean of all analytical sampling results collected during the term of the permit
shall be calculated for each parameter and compared to the cut-off concentrations listed below.
If the arithmetic mean meets the specified cut-off concentration condition for a given parameter,
then the facility is not required to continue annual analytical monitoring for that parameter
during the term of the permit unless a significant change in facility operations or configuration
occurs. If a cut-off concentration results in discontinued analytical monitoring, the permittee is
required to maintain facility operations that ensure the continuation of stormwater runoff
quality.
Page 9
Permit No. NCS000333
The permittee must perform analytical sampling during the fast and last year of the permit term
regardless of cut-off concentration conditions. Analytical results from sampling during the
final year of the permit term must be submitted with the permit renewal application.
Stormwater Dischar e haracteristics
Cut-off
Concentration
H1
within range 6.0 - 9.0
Oil and Grease
< 30 m
Lead, Total Recoverable
< 0.033 mg/1
Total Suspended Solids
< 100 m
Deter ents (MBAS)
< 0.50 m
Footnotes:
1 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.
Page 10
Permit No. NCS000333
SECTION B: SCHEDULE OF COMPLIANCE
The permittee shall comply with Final Limitations and Controls specified for stormwater
discharges in accordance with the following schedule:
The Stormwater Pollution Prevention Plan shall be developed and implemented within 12
months of the effective date of this permit and updated thereafter on an annual basis.
Secondary containment, as specified in Part I, Section A, 1. b. 2. of this permit, shall be
accomplished within 12 months of the effective date of this permit.
Permittee shall at all times provide the operation and maintenance necessary to operate the
pemvtted storinwater controls at optimum efficiency.
Page 11
Individual Stormwater Page AI
PART II
STANDARD CONDITIONS FOR NPDES STORMWATER PERMITS
SECTION A: DEFINITIONS
Act or "the Act" or CWA
The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 USC 1251, et. seq.
Beet Manaizement Practices (BMPs)
Schedules of activities, prohibitions of practices, maintenance procedures, and
other management practices to prevent or reduce the pollution of waters of the
United States. BMPs also include treatment requirements, operation procedures,
and practices to control plant site runoff, spillage or leaks, sludge or waste
disposal, or drainage from raw material storage.
Calculation of Means
Means shall be calculated according to the following definitions:
a. Arithmetic Mean: The arithmetic mean of any set of values is the summation
of the individual values divided by the number of individual values:
Geometric Mean: The geometric mean of any set of values is the Nth root
of the product of the individual values where N is equal to the number of
individual values. The geometric mean is equivalent to the antilog of the
arithmetic mean of the logarithms of the individual values. For purposes of
calculating the geometric mean, values of zero (0) shall be considered to be
one (1).
Weighted by Flow Value: Weighted by flow value means the summation of
each concentration times its respective flow divided by the summation of the
respective flows.
4. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a
single above ground storage container having a capacity of greater than 660 gallons
or with multiple above ground storage containers having a total storage capacity of
greater than 1,320 gallons.
Calendar Day
The period from midnight of one day until midnight of the next day. However, for
purposes of this permit, any consecutive 24-hour period that reasonably represents
the calendar day may be used for sampling.
6. Coal Pile Runoff
The rainfall runoff from or through any coal storage pile.
Individual Stormwater Page A2
7. DEM or Division
The Division of Environmental Management, Department of Environment, Health
and Natural Resources.
8. Director
The Director of the Division of Environmental Management, the permit issuing
authority.
EMC
The North Carolina Environmental Management Commission.
10 Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the
Clean Water Act.
11. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land .
and which is not a land treatment facility, a surface impoundment, an injection well,
a hazardous waste long-term storage facility or a surface storage facility.
12. age or Medium Municipal Separate Storm Sewer System
All municipal separate storm sewers that are either:
a. Located in an incorporated place with a population of 100,000 or more as
determined by the Decennial Census by the Bureau of Census; or
Located in the counties with unincorporated urbanized populations of
100,000 or more, except municipal separate storm sewers that are located in
the incorporated places, townships or towns within such counties; or
Owned or operated by a municipality other than those described in
paragraph (a) or (b) and that are designated by the Director as part of the
large or medium separate storm sewer system.
13. Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral
deposit, excluding topsoil or similar naturally -occurring surface materials that are
not disturbed by mining operations.
14. Permittee
The owner or operator issued a permit.
15. Point Source Discharee
Any discernible, confined and discrete conveyance, including but specifically not
limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
Individual Stormwater Page A3
container, rolling stock, or concentrated animal feeding operation from which
pollutants are or may be discharged to waters of the state.
16. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded
by at least 72 hours during which no storm event measuring greater than 0.1 inches
has occured. A single storm event may contain intervals of up to 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.
17. Runoff Coefficient
The fraction of total rainfall that is not infiltrated into or otherwise retained by the
soil, concrete, asphalt or other surface upon which it falls that will appear at the
conveyance as runoff.
18. Secondary Containment
Spill containment for the contents of the single largest tank within the containment
structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event.
19. Section 313 Water Priority Chemical
A chemical or chemical category which:
Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the
Superfund Amendments and Reauthorization Act (SARA) of 1986, also
titled the Emergency Planning and Community Right -to -Know Act of 1986;
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.
20. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents,
detergents, and plastic pellets; finished materials such as metallic products; raw
materials used in food processing or production; hazardous substances designated
under section 101(14) of CERCLA; any chemical the facility is required to report
pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste
Individual Stormwater Page A4
products such as ashes, slag and sludge that have the potential to be released with
stormwater discharges.
21. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of
reportable quantities under section 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).
22. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
23. 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 engaging in
"industrial activities" include the activities defined in 40 CFR 122.26(b)(14). The
term does not include discharges from facilities or activities excluded from the
NPDES program.
24. 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 from a rainfall event of an intensity
expected to be equaled or exceeded, on the average, once in ten years.
25. Total Flow
The flow corresponding to the time period over which the sample collection occurs.
The total flow calculated based on the size of the area draining to the outfall, the
amount of the built -upon (impervious) surfaces within the drainage area, and the
total amount of rainfall occurring during the sampling period.
26. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
27. des of Samples
Grab samples are individual samples collected instantaneously. Grab samples that
will be directly analyzed or visually monitored must be taken within the first 30
minutes of discharge. Grab samples for compositing purposes must be cc llected at
no greater than 20 minute intervals.
Composite Sample: a composite sample shall mean:
(1) A flow -weighted composite sample, which is a mixture of aliquots collected
at a constant time interval, where the volume of each aliquot is proportional
to the flow rate of the discharge at the time the sample is collected; or
Individual Stormwater Page A5
(2) A time -weighted composite sample, which is a mixture of equal volume
aliquots collected at a constant interval of time.
A composite sample can be obtained from the collection of a series of grab samples,
taken at intervals of no greater than 20 minutes for the entire storm event or the first
three hours of the storm event. The grab sample to be composited must be of no
less than 100 milliliters.
28. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle
cleaning operations, or airport deicing operations.
29. 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.
30. Waste Pile
Any non -containerized accumulation of solid, non -flowing waste that is used for
treatment or storage.
31. 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.
Individual Stormwater Page A6
SECTION B• GENERAL CONDITIONS
1. 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 within the time
provided in the regulations that establish these standards or prohibitions, even if the
permit has not yet been modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is
subject to a civil penalty not to exceed $25,000 per day for each violation. Any
person who negligently violates any permit condition is subject to criminal penalties
of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1
year, or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $10,000 per violation with
the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act
33 USC 1319 and 40 CFR 122.41(a).]
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:
North Carolina General Statutes 143-215.6A]
d. Any person may be assessed an administrative penalty by the Administrator for
violating section 301, 302, 306, 307, 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 1I violations are not to exceed
$10,000 per day for each day during which the violation continues, with the
maximum amount of any Class 11 penalty not to exceed $125,000.
Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.
Civil and Criminal Liability
Except as provided in permit conditions on 'Bypassing" (Part II, C.3.), nothing in
this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A,
143-215.613, 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.
Individual Stormwater Page A7
Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal
action or relieve the permittee from any responsibilities, liabilities, or penalties to
which the permittee is or may be subject to under NCGS 143-215.75 et seq. or
Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
Property Rights
The issuance of this permit does not convey any property rights in either real or
personal property, or any exclusive privileges, nor does it authorize any injury to
private property or any invasion of personal rights, nor any infringement of
Federal, State or local laws or regulations.
6. Severability
The provisions of this permit are severable, and if any provision of this permit, or
the application of any provision of this permit to any circumstances, is held invalid,
the application of such provision to other circumstances, and the remainder of this
permit, shall not be affected thereby.
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any
information which the Director may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating this permit or to determine
compliance with this permit. The permittee shall also furnish to the Director upon
request, copies of records required to be kept by this permit.
Expiration of Permit
The permittee is not authorized to discharge after the expiration date. In order to
receive automatic authorization to discharge beyond the expiration date, the
permittee shall submit such information, forms, and fees as are required by the
agency authorized to issue permits no later than 180 days prior to the expiration
date. Any permittee that has not requested renewal at least 180 days prior to
expiration, or any permittee that does not have a permit after the expiration and has
not requested renewal at least 180 days prior to expiration, will be subjected to
enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et.
seq.
Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed
and certified.
a. All applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of
this Section, a responsible corporate officer means: (a) a president,
secretary, treasurer or vice president of the corporation in charge of a
Individual Stormwater Page A8
principal business function, or any other person who performs similar
policy or decision making functions for the corporation, or (b) the manager
of one or more manufacturing production or operating facilities employing
more than 250 persons or having gross annual sales or expenditures
exceeding 25 million (in second quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the
proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a
principal executive officer or ranking elected official.
All reports required by the 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."
10. Permit Modification Revocation and Reissuance. or Termination
The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 40, Code of
Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute
143-215.1 et. al.
Individual Stormwater Page A9
11. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any
permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or
used by the permittee to achieve compliance with the conditions of this permit.
Proper operation and maintenance also includes adequate laboratory controls and
appropriate quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems which are installed by a permittee
only when the operation is necessary to achieve compliance with the conditions of
the 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 permit.
3. Bypassing of Stormwater Control Facilities
a. Definitions
(1) 'Bypass" means the known diversion of stormwater from any portion of a
stormwater control facility including the collection system, which is not a
designed or established or operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property,
damage to the control facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does
not mean economic loss caused by delays in production.
Bypass Not Exceeding Limitations.
The permittee may allow any bypass to occur which does not cause limitations to be
exceeded, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provisions of Paragraphs c. and d.
of this section.
Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a
bypass, it shall submit prior notice, if possible at least ten days before the
date of the bypass; including an evaluation of the anticipated quality and
affect of the bypass.
Individual Stormwater Page A 10
(2) Unanticipated bypass. The permittee shall submit notice within 24 hours of
an unanticipated bypass as required in Part II, E. 5. of this permit. (24-
hour notice).
Prohibition of Bypass
Bypass is prohibited and the Director may take enforcement action against a
permittee for bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury or severe
property damage;
(2) 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
(3) The permittee submitted notices as required under Paragraph c. of this
section.
The Director may approve an anticipated bypass, after considering its adverse
effects, if the Director determines that it will meet the three conditions listed above
in Paragraph d. of this section.
4. Upsets
a. Definition
"Upset " means an exceptional incident in which there is unintentional and
temporary noncompliance with technology based permit effluent limitations
because of factors beyond the reasonable control of the permittee. An upset does
not include noncompliance to the extent caused by operational error, improperly
designed treatment or control facilities, inadequate treatment or control facilities,
lack of preventive maintenance, or careless or improper operation.
Effect of an Upset
An upset constitutes an affirmative defense to an action brought for noncompliance
with technology based permit effluent limitations if the requirements of paragraph c.
of this condition are met. No determination made during administrative review of
claims that noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial review.
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;
Individual Stormwater Page A15
PART III
LIMITATIONS REOPENER
This permit shall be modified or alternatively, revoked and reissued, to comply with any
applicable effluent guideline or water quality standard issued or approved under Sections
302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent
guideline or water quality standard so issued or approved:
a. contains different conditions or is otherwise more stringent than any effluent
limitation in the permit; or
controls any pollutant not limited in the permit.
The permit as modified or reissued under this paragraph shall also contain any other
requirements in the Act then applicable.
PART IV
ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty)
days after being billed by the Division. Failure to pay the fee in timely manner in
accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to
revoke the permit.
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Abner Brown
CMI Inc. -Finished Fabrics Div.
P.O. Box 620
Elkin, NC 28621
Dear Mr. Brown:
A1
m�
IDEHNF10
April 1, 1996
Subject: Permit No. NCS000333
Cmi Inc. -Finished Fabrics Div.
Surry County
In accordance with your application for a stormwater discharge permit received on
September 26, 1995, we are forwarding herewith the subject state - NPDES permit. This permit is
issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the
Memorandum of Agreement between North Carolina and the US Environmental Protection agency
dated December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory. hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 2763.'
-7447. Unless such demand is made, this decision shall be final and binding.
Please take notice this permit is not transferable. Part II, B.2. addresses the requirements to
be followed in case of change in ownership or control of this discharge.
This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Environmental Management or permits required by the Division of
Land Resources, Coastal Area Management Act or any other Federal or Local governmental
permit that may be required.
If you have any questions concerning this permit, please contact Bill Mills at telephone
number 919/733-5083.
Sincerely, ORIGINAL SIGNED BY
BRADLEYBENNETT
A. Preston Howard, Jr, P. E.
cc: Mr. Roger O. Pfaff, EPA
Winston Salem Regional Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
Permit No. NCS000333
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management Commission,
and the Federal Water Pollution Control Act, as amended,
CMI, Inc. Finished Fabrics Division
is hereby authorized to discharge stormwater from a facility located at
304 East Main Street
Elkin
Surry County
to receiving waters designated as Yadkin River, it class C stream, in the Yadkin - Pee Dee River Basin
in accordance with the discharge limitations, monitoring requirements, and other conditic,�s set forth in
Parts I, 11, III, and IV hereof.
This permit shall become effective May 1, 1996.
This permit and the authorization to discharge shall expire at midnight on April 30, 2001.
Signed this day April 1, 1996.
ORIGINAL SlGfXD 9Y
BRADLEY KENNErr
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By the Authority of the Environmental Management Commission
Permit No. NCS000333
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 Permit. All
discharges shall be in accordance with the attached schedules as follows:
Part I: Monitoring, Controls, and Limitations for Permitted Discharges
Part II: Standard Conditions for NPDES Stormwater Permits
Part III: Limitations Reopener
Part IV: Administering and Compliance Monitoring Fee Requirements
Any other point source discharge to surface waters of the state is prohibited unless covered by
another permit, authorization or approval.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgement, or decree.
Pace 2
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LANDING FIELD
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i
Permit No. NCS000333
PART I
MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
SECTION A: FINAL LIMI_TATIONS AND CONTROLS FOR STORMWATER DISCHARGES
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 below.
1. 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 II, Standard
Conditions, Section E.8. of this 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:
(1) A general location map (USGS quadrangle map or appropriately dratted 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 thedischarge is to a municipal separate storm sewer system; the
name of the municipality and the ultimate receiving waters; and accurate. latitude
and longitude of the point(s) of discharge.
(2) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices.
(3) 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 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.
(4) A list of significant spills or leaks of pollutants that have occuned at the facility
during the 3 previous year's and any corrective actions taken to mitigate spill
impacts.
(5) 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 1I, Standard Conditions, Section
13.9.
Page 4
Permit No. NCS000333
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:
(1) A study addressing 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 practicable the permittee shall cover all
storage areas, material handling operations, manufacturing or fueling operations to
prevent materials exposure to stormwater. In areas where elimination of exposure
is not practicable, the stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.
(2) A schedule to provide secondary containment for bulk storage of liquid materials,
storage of Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) water priority chemicals, or storage of hazardous
materials to prevent leaks and spills from contaminating stormwater runoff. If the
secondary containment devices are connected directly to stormwater conveyance
systems, the connection shall be controlled by manually activated valves or other
similar devices [which shall be secured with a locking mechanism] and any
stormwater that accumulates in the containment area shall be at a minimum visually
observed for color, foam, and visible sheens, prior to release of the accumulated
stormwater. Accumulated stormwater shall be released if found to be .
uncontaminated. Records documenting the individual making the observation, the .
description of the accumulated stormwater and the date and time of the rcicase.shall
be kept for a period of five years.
(3) narrative description shall be provided of Best Management Practices (BMPs) to
be considered such as, but not limited to, oil and grease separation, debris control,
vegetative filter strips, infiltration and stormwater detention or retention, where
necessary. The need for structural BMPs shall be based on the assessment of
potential of sources to contribute significant quantities of pollutants to stormwater
discharges and data collected through monitoring of stormwater discharges.
(4) Inspection schedules of stormwater conveyances and controls and measures to be
taken to limit or prevent erosion associated with the stormwater systems.
c. Spill Prevention and Response Plan. The Spill Prevention and Response Plan shall
incorporate a risk assessment of potential pollutant sources based on a materials inventory
of the facility. Facility personnel (or team) responsible for implementing the plan shall be
identified in the plan. A responsible person shall be on -site at all times during facility
operations that have the potential to contaminate stormwater runoff through spills or
exposure of materials associated with the facility operations.
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.
e. 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
Pagc 5
Permit No. NCS000333
operations that have the potential to contaminate stormwater runoff. Facility personnel (or
team) responsible for implementing the training shall be identified in the Plan.
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(s) assignments provided.
Plan Ammendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for'the discharge of pollutants to surface waters. The Stormwater Pollution
Prevention Plan shall be reviewed and updated on an annual basis.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with Part
II, Standard Conditions, Section B, #9) to the Director that the changes have been made.
Facility Inspections. Inspections of the facility and all stormwater systems shall occur at a
minimum on 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 a narrative description of the facility's stormwater control
systems, plant equipment and systems. Records of these inspections shall be incorporated
into the Stormwater Pollution Prevention Plan.
Visual monitoring as required in I.A.2.g.(I) shall be performed in addition to facility
inspections.
Implementation. Implementation of the plan shallinclude documentation of 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.
Paec 6
Permit No. NCS000333
2. Minimum Monitoring and Reporting Requirements
Minimum monitoring and reporting requirements are as follows unless otherwise approved in
writing by the Director of the Division of Environmental Management.
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.
Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry
weather flow shall be performed at all stormwater discharge outfall locations. All visual
monitoring shall be documented and records maintained with the Stormwater Pollution
Prevention Plan. The initial visual monitoring event shall be performed simultaneously
with the first analytical monitoring event and documentation of only this initial visual
monitoring event shall be submitted along with the required analytical monitoring submittal.
C. For purposes of the stormwater sampling required in this permit, all samples shall be
collected from a discharge resulting from a representative storm event (See Part II,
Standard Conditions, Section A). Failure to monitor storm events in accordance with the
specified frequency shall constitute a violation of this permit. If the stormwater runoff is
controlled by a detention pond, the following sampling requirements shall apply:
(1) If the detention pond detains the runoff generated by one inch of rainfall for 24
hours, visual observations for color, foam, outfall staining,; visible sheens, and dry
weather flow are required, but analytical sampling shall not be required.
(2) If the detention pond discharges only in response to a stormevent exceeding a 25-
year, 24-hour storm (See Part II, Standard Conditions, Section A), the pond shall
be considered a non -discharging stormwater control system and not subject to
NPDES requirements, unless the discharge causes a violation of water quality
standards.
d. Samples analyzed in accordance with the terms of this permit shall be submitted on forms
provided by the Director no later than January 31 for the previous year in which sampling
was required to be performed.
e. Analytical results from sampling during the final year of the permit term shall be submitted
with the permit renewal application.
f. This permit regulates stormwater discharges. Non-stormwater discharges which shall be
allowed in the stormwater conveyance system are:
(1) All other discharges that are authorized by a non-stormwater NPDLS permit.
(2) 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.
(3) Discharges resulting from fire -fighting.
Page 7
Permit No. NCS000333
If the storm event monitored and reported in accordance with this permit coincides with a
non-stormwater discharge, the permittee shall separately monitor and report all parameters
as required under the non-stormwater discharge permit and provide this information with
the stormwater discharge monitoring report.
g. Specific Stormwater Monitoring Requirements
The specific stormwater monitoring requirements includes both analytical and visual monitoring of
stormwater samples. Specific monitoring requirements are defined below.
(1) Visual Monitoring
Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless -
of representative outfall status, 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. Visual monitoring of stormwater outfalls does not
need to be performed during a representative storm event.
Stormwater Discharge
Characteristics
Fre uenc 1
Monitoring
T e2
Monitoring
Location3
Color
Semi -Annual
Visual
SDO
Odor
Semi -Annual
Visual
SDO
Clarity
Semi -Annual
Visual
SDO
Floating Solids
Semi -Annual
Visual
SDO
Suspended Solids
Semi -Annual
Visual
i SDO
Foam
Semi -Annual
Visual
SDO
Oil Sheen
Semi -Annual
Visual
SDO
Other obvious indicators
of stormwater pollution
Semi -Annual
Visual
SDO
Footnotes:
I Frequency: V ,:al mcnituring •.vi:l be performed tw.,,,, ,^,(.
and once in the fall.
2 Monitoring Type: Visual monitoring requires a qualitative visual observation of each
stormwater outfall. No analytical testing or sampling is required.
3 Sample Location: Stormwater Discharge Outfall (SDO)
Page S
Permit No. NCS000333
(2) Analytical Monitoring Requirements for Vehicle Maintenance Activities I
Stormwater Discharge
Characteristics
Units
Measurement
Fre uenc 2
Sample
Type
Sample
Location3
H
standard
annually
Grab
SDO
Oil and Grease
ino
annually
Grab
SDO
New Motor Oil Usagegallons/month
annually
Estimate
SDO
Total Flow4
MG
annually
Grab
SDO
Lead, Total Recoverable5
m
annually
Grab
SDO
Total Suspended Solids
m
annually
Grab
SDO
Detergents (MBAS)6
m
annually
Grab
SDO
Footnotes:
I Stormwater discharges from 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 be monitored by the permittee as specified above.
2 Measurement Frequency: Once per year.
3 Sample
Location:
Samples to
be taken 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.
5 Total recoverable lead mnrlltonnc is rPnnin^r nnly t f:;,^.ilifiCS w
6 Detergent monitoring is required only at facilities which conduct vehicle cleaning
operations.
(3) Cut-off Concentrations for Vehicle Maintenance Activities
The arithmetic mean of all analytical sampling results collected during the term of the permit
shall be calculated for each parameter and compared to the cut-off concentrations listed below.
If the arithmetic mean meets the specified cut-off concentration condition for a given parameter,
then the facility is not required to continue annual analytical monitoring for that parameter
during the term of the permit unless a significant change in facility operations or configuration
occurs. If a cut-off concentration results in discontinued analytical monitoring, the pennittee is
required to maintain facility operations that ensure the continuation of stormwater runoff
quality.
Page 9
Permit No. NCS000333
The permittee must perform analytical sampling during the first and last year of the permit term
regardless of cut-off concentration conditions. Analytical results from sampling during the
final year of the permit term must be submitted with the permit renewal application.
Stormwater Discharge
Characteristics
Cut-off Concentration
HI
within range 6.0 - 9.0 ,
Oil and Grease
< 30 m
Lead, Total Recoverable
< 0.033 mg/1
Total Suspended Solids
< 100 m
Detergents (MBAS)
< 0.50 m /l
Footnotes:
1 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.
Pagc 10
Permit No. NCS000333
SECTION B: SCHEDULE OF COMPLIANCE
The permittee shall comply with Final Limitations and Controls specified for stormwater
discharges in accordance with the following schedule:
The Stormwater Pollution Prevention Plan shall be developed and implemented within 12
months of the effective date of this permit and updated thereafter on an annual basis.
Secondary containment, as specified in Part I, Section A, 1. b. 2. of this permit, shall be
accomplished within 12 months of the effective date of this permit.
Permittee shall at all times provide the operation and maintenance necessary to operate the
permitted stormwater controls at optimum efficiency.
Paize I I
Individual Stormwater Page A 1
PART II
STANDARD CONDITIONS FOR NPDES STORMWATER PERMITS
SECTION A: DEFINITIONS
Act or "the Act" or CWA
The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 USC 1251, et. seq.
Best Management Practices (BMPs)
Schedules of activities, prohibitions of practices, maintenance procedures, and
other management practices to prevent or reduce the pollution of waters of the
United States. BMPs also include treatment requirements, operation procedures,
and practices to control plant site runoff, spillage or leaks, sludge or waste
disposal, or drainage from raw material storage.
Calculation of Means
Means shall be calculated according to the following definitions:
a. Arithmetic Mean: The arithmetic mean of any set of values is the summation
of the individual values divided by the number of individual values.
Geometric Mean: The geometric mean of any set of values is the Nth root
of the product of the individual values where N is equal to the number of
individual values. The geometric mean is equivalent to the antilog of the
arithmetic mean of the logarithms of the individual values. For purposes of
calculating the geometric mean, values of zero (0) shall be considered to be
one (1).
Weighted by Flow Value: Weighted by flow value means the summation of
each concentration times its respective flow divided by the summation of the
respective flows.
4. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a
single above ground storage container having a capacity of greater than 660 gallons
or with multiple above ground storage containers having a total storage capacity of
greater than 1,320 gallons.
Calendar Day
The period from midnight of one day until midnight of the next day. However, for
purposes of this permit, any consecutive 24-hour period that reasonably represents
the calendar day may be used for sampling.
6. Coal Pile Runoff
The rainfall runoff from or through any coal storage pile.
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DEM or Division
The Division of Environmental Management, Department of Environment, Health
and Natural Resources.
Director
The Director of the Division of Environmental Management, the permit issuing
authority.
EMC
The North Carolina Environmental Management Commission.
10 Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the
Clean Water Act.
11. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land
and which is not a land treatment facility, a surface impoundment, an injection well,
a hazardous waste long-term storage facility or a surface storage facility.
12. Large or Medium Municipal Separate Storm Sewer System
All municipal separate storm sewers that are either:
a. Located in an incorporated place with a population of 100,000 or more as
determined by the Decennial Census by the Bureau of Census; or
Located in the counties with unincorporated urbanized populations of
100,000 or more, except municipal separate storm sewers that are located in
the incorporated places, townships or towns within such counties; or
c. Owned or operated by a municipality other than those described in
paragraph (a) or (b) and that are designated by the Director as part of the
large or medium separate storm sewer system.
13. Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral
deposit, excluding topsoil or similar naturally -occurring surface materials that are
not disturbed by mining operations.
14. Permittee
The owner or operator issued a permit.
15. Point Source Discharge
Any discernible, confined and discrete conveyance, including but specifically not
limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
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container, rolling stock, or concentrated animal feeding operation from which
pollutants are or may be discharged to waters of the state.
16. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded
by at least 72 hours during which no storm event measuring greater than 0.1 inches
has occured. A single storm event may contain intervals of up to 10 consecutive
hours of no precipitation. For example, if it rains for 2 hours without producing
anv collectable discharge and then stops, a sample may be collected if a rain
producing a discharge begins again within the next 10 hours.
17. Runoff Coefficient
The fraction of total rainfall that is not infiltrated into or otherwise retained by the
soil, concrete, asphalt or other surface upon which it falls that will appear at the
conveyance as runoff.
18. Secondary Containment
Spill containment for the contents of the single largest tank within the containment
structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event.
19. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the
Superfund Amendments and Reauthorization Act (SARA) of 1986, also
titled the Emergency Planning and Community Right -to -Know Act of 1986;
Is present at or above threshold levels at a facility subject to SARA title III,
Section 313 reporting requirements; and
That meet at least one of the following criteria:
(1) Is listed in appendix D of 40 CFR part 122 on either Table II
(organic priority pollutants), Table III (certain metals, cyanides, and
phenols) or Table IV (certain toxic pollutants and hazardous
substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A)
of the CWA at 40 CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water
quality criteria.
20. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents,
detergents, and plastic pellets; finished materials such as metallic products; raw
materials used in food processing or production; hazardous substances designated
under section 101(14) of CERCLA; any chemical the facility is required to report
pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste
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products such as ashes, slag and sludge that have the potential to be released with
stormwater discharges.
21. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of
reportable quantities under section 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).
22. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
23. 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 engaging in
"industrial activities" include the activities defined in 40 CFR 122.26(b)(14). The
term does not include discharges from facilities or activities excluded from the
NPDES program.
24. 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 from a rainfall event of an intensity
expected to be equaled or exceeded, on the average, once in ten years.
25. Total Flow
The flow corresponding to the time period over which the sample collection occurs.
The total flow calculated based on the size of the area draining to the outfall, the
amount of the built -upon (impervious) surfaces within the drainage area, and the
total amount of rainfall occurring during the sampling period.
26. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
27. Types of Samples
Grab samples are individual samples collected instantaneously. Grab samples that
will be directly analyzed or visually monitored must be taken within the first 30
minutes of discharge. Grab samples for compositing purposes must be ct llected at
no greater than 20 minute intervals.
Composite Sample: a composite sample shall mean:
(1) A flow -weighted composite sample, which is a mixture of aliquots collected
at a constant time interval, where the volume of each aliquot is proportional
to the flow rate of the discharge at the 6me the sample is collected; or
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(2) A time -weighted composite sample, which is a mixture of equal volume
aliquots collected at a constant interval of time.
A composite sample can be obtained from the collection of a series of grab samples,
taken at intervals of no greater than 20 minutes for the entire storm event or the first
three hours of the storm event. The grab sample to be composited must be of no
less than 100 milliliters.
28. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle
cleaning operations, or airport deicing operations.
29. 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.
30. Waste Pile
Any non -containerized accumulation of solid, non -flowing waste that is used for
treatment or storage.
31. 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.
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SECTION B: GENERAL CONDITIONS
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 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.
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 525,000 per day of violation, or imprisonment for not more than 1
year, or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $10,000 per violation with
the maximum amount not to exceed S 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:
North Carolina General Statutes 143-215.6A]
d. Any person may be assessed an administrative penalty by the Administrator for
violating section 301, 302, 306, 307, 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 Cass I penalty
assessed not to exceed S25,000. Penalties for Class 11 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 permit which has a reasonable likelihood of adversely affecting
human health or the environment.
Civil and Criminal Liability
Except as provided in permit conditions on 'Bypassing" (Part II, C.3.), nothing in
this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A,
143-215.613, 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.
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4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal
action or relieve the permittee from any responsibilities, liabilities, or penalties to
which the permittee is or may be subject to under NCGS 143-215.75 et seq. or
Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or
personal property, or any exclusive privileges, nor does it authorize any injury to
private property or any invasion of personal rights, nor any infringement of
Federal, State or local laws or regulations.
6. Severability
The provisions of this permit are severable, and if any provision of this permit, or
the application of any provision of this permit to any circumstances, is held invalid,
the application of such provision to other circumstances, and the remainder of this
permit, shall not be affected thereby.
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any
information which the Director may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating this permit or to determine
compliance with this permit. The permittee shall also furnish to the Director upon
request, copies of records required to be kept by this permit.
8. Expiration of Permit
The permittee is not authorized to discharge after the expiration date. In order to
receive automatic authorization to discharge beyond the expiration date, the
permittee shall submit such information, forms, and fees as are required by the
agency authorized to issue permits no later than 180 days prior to the expiration
date. Any permittee that has not requested renewal at least 180 days prior to
expiration, or any permittee that does not have a permit after the expiration and has
not requested renewal at least 180 days prior to expiration, will be subjected to
enforcement procedures as provided in NCGS §143-2153.6 and 33 USC 1251 et.
seq.
9. Si ng atory Requirements
All applications, reports, or information submitted to the Director shall be signed
and certified.
All applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of
this Section, a responsible corporate officer means: (a) a president,
secretary, treasurer or vice president of the corporation in charge of a
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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 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."
10. Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the Director from reopening and
modifying the pen -nit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 40, Code of
Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute
143-215.1 et. al.
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11. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any
permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Onemtion and Maintenance
The permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or
used by the permittee to achieve compliance with the conditions of this permit.
Proper operation and maintenance also includes adequate laboratory controls and
appropriate quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems which are installed by a permittee
only when the operation is necessary to achieve compliance with the conditions of
the permit.
Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have
been necessary to halt or reduce the permitted activity in order to maintain
compliance with the condition of this permit.
Bypassing of Stormwater Control Facilities
a. Definitions
(1) 'Bypass" means the known diversion of stormwater from any portion of a
stormwater control facility including the collection system, which is not a
designed or established or operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property,
damage to the control facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does
not mean economic loss caused by delays in production.
b. Bypass Not Exceeding Limitations.
The permittee may allow any bypass to occur which does not cause limitations to be
exceeded, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provisions of Paragraphs c. and d.
of this section.
Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a
bypass, it shall submit prior notice, if possible at least ten days before the
date of the bypass; including an evaluation of the anticipated quality and
affect of the bypass.
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(2) Unanticipated bypass. The permittee shall submit notice within 24 hours of
an unanticipated bypass as required in Part II, E. 5. of this permit. (24-
hour notice).
Prohibition of Bypass
Bypass is prohibited and the Director may take enforcement action against a
permittee for bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury or severe
property damage;
(2) 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
(3) The permittee submitted notices as required under Paragraph c. of this
section.
The Director may approve an anticipated bypass, after considering its adverse
effects, if the Director determines that it will meet the three conditions listed above
in Paragraph d. of this section.
4. Upsets
a. Definition
"Upset " means an exceptional incident in which there is unintentional and
temporary noncompliance with technology based permit effluent limitations
because of factors beyond the reasonable control of the permittee. An upset does
not include noncompliance to the extent caused by operational error, improperly
designed treatment or control facilities, inadequate treatment or control facilities,
lack of preventive maintenance, or careless or improper operation.
b. Effect of an Upset.
An upset constitutes an affirmative defense to an action brought for noncompliance
with technology based permit effluent limitations if the requirements of paragraph c
of this condition are met. No determination made during administrative review of
claims that noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial review.
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;
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(2) The permitted facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as required in Part II, E. 5. (b)
(B) of this permit.
(4) The permittee complied with any remedial measures required under Part II,
A. 2. of this permit.
Burden of Proof
In any enforcement proceeding the permittee seeking to establish the occurrence of
an upset has the burden of proof.
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. 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 shall not be changed without notification to
and approval of the Director.
2. Reporting
Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Division of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Flow Measurements
Where required, appropriate flow measurement devices and methods consistent
with accepted scientific practices shall be selected and used to ensure the accuracy
and reliability of measurements of the volume of monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality
Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC
1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40
CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures
must produce minimum detection and reporting levels that are below the permit
discharge requirements and all data generated must be reported down to the
minimum detection or lower reporting level of the procedure. If no approved
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methods are determined capable of achieving minimum detection and reporting
levels below general permit discharge requirements, then the most sensitive
(method with the lowest possible detection and reporting level) approved method
must be used.
Penalties for Tamoerine
The Clean Water Act provides that any person who falsifies, tampers with, or
knowingly renders inaccurate, any monitoring device or method required to be
maintained under this permit shall, upon conviction, be punished by a fine of not
more than $10,000 per violation, or by imprisonment for not more than two years
per violation, or by both. If a conviction of a person is for a violation committed
after a first conviction of such person under this paragraph, punishment is a tine of
not more that $20,000 per day of violation, or by imprisonment of not more than 4
years, or both.
Records Retention
The permittee shall retain records of all monitoring information, including all
calibration and maintenance records and all original strip chart recordings for
continuous monitoring instrumentation, copies of all reports required by this
permit, for a period of at least 5 years from the date of the sample, measurement,
report or application. This period may be extended by request of the Director at any
time.
Recording Results
For each measurement, sample, inspection or maintenance activity performed or
taken pursuant to the requirements of this permit, the permittee shall record the
following information:
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;
The analytical techniques or methods used; and
The results of such analyses.
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;
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a. Enter upon the permittee's premises where a regulated facility or activity is
located or conducted, or where records must be kept under the conditions of
this permit;
b. Have access to and copy, at reasonable times, any records that must be kept
under the conditions of this permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring
and control equipment), practices, or operations regulated or required under
this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit
compliance or as otherwise authorized by the Clean Water Act, any
substances or parameters at any location.
SECTION E: REPORTING REQUIREMENTS
Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned
physical alterations or additions to the permitted facility. Notice is required only
when:
The alteration or addition to a permitted facility may meet one of the criteria
for determining whether a facility is a new source in 40 CFR Part 122.29
(b); or
The alteration or addition could significantly change the nature or increase
the quantity of pollutants discharged. This notification applies to pollutants
which are subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR Part 122.42 (a) (1).
Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in
the permitted facility or activity which may result in noncompliance with the permit
requirements.
Transfers
This permit is not transferable to any person except after notice to and approval by
the Director. The Director may require modification or revocation and reissuance of
the permit to change the name and incorporate such other requirements as may be
necessary under the Clean Water Act.
4. MonitorinQ Reports
Monitoring results shall be reported at the intervals specified elsewhere in this
permit.
Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information
shall be provided orally within 24 hours from the time the permittee became aware
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of the circumstances. A written submission shall also be provided within 5 daps of
the time the pem-ittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, and if the.
noncompliance has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence
of the noncompliance.
The following shall be included as information which must be reported within 24
hours under this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the
permit.
(2) Any upset which exceeds any effluent limitation in the permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants
listed by the Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case -by -case basis for reports urdez
paragraph b. above of this condition if the oral report has been received within 24
hours.
6. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under Part III.
E. 4. and 5. of this permit at the time monitoring reports are submitted. The reports:
shall contain the information listed in Part II. E. 5. of this permit.
7. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a
notice of intent to be covered under this permit or in any report to the Director, it
shall promptly submit such facts or information.
8. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or
Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance
with the terms shall be available for public inspection at the offices of the Division
of Environmental Management. As required by the Act, effluent data shall not be
considered confidential. Knowingly making any false statement on any such report
may result in the imposition of criminal penalties as provided for in NCGS 143-
215.613 or in Secticn 309 of the Federal Act.
Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false
statement, representation, or certification in any record or other document
submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be
punished by a fine of not more than $10,000 per violation, or by imprisonment for
not more than two years per violation, or by both.
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PART III
LIMITATIONS REOPENER
This permit shall be modified or alternatively, revoked and reissued, to comply with any
applicable effluent guideline or water quality standard issued or approved under Sections
302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent
guideline or water quality standard so issued or approved:
contains different conditions or is otherwise more stringent than any effluent
limitation in the permit; or
controls any pollutant not limited in the permit.
The permit as modified or reissued under this paragraph shall also contain any other
requirements in the Act then applicable.
PART IV
ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty)
days after being billed by the Division. Failure to pay the fee in timely manner in
accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to
revoke the permit.