NCG120000_2012 General Permit_20121025

Permit No. NCG120000
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG120000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
for
Landfills
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, this permit is hereby issued to all owners or
operators, hereinafter permittees, which are covered by this permit as evidenced by receipt of a Certificate
of Coverage by the Environmental Management Commission to allow the discharge of stormwater to the
surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface
waters in accordance with the terms and conditions set forth herein.
Coverage under this General Permit is applicable to:
♦ All owners or operators of stormwater point source discharges associated with activities categorized as
landfills, including construction and demolition debris landfills, which are permitted by the North
Carolina Division of Waste Management under the provisions and requirements of North Carolina
General Statute 130A-294.
♦ Stormwater point source discharges from like industrial activities deemed by the Division of Water
Quality to be similar to these operations in the process, or the discharges, or the exposure of raw
materials, intermediate products, by-products, products, or waste products.
Except upon DWQ determination of similarity as provided immediately above, the following
activities and associated discharges are excluded from coverage under this General Permit:
♦ Stormwater point source discharges from open dumps, hazardous waste disposal sites, land clearing
and inert debris landfills, or discharges of wastes (including discharges of leachate as defined in 15A
NCAC 13B .0101(11)).
The General Permit shall become effective on November 1, 2012.
The General Permit shall expire at midnight on October 31, 2017.
Signed this day October 25, 2012.
Original si,qned by Matt Matthews
for Charles Wakild, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission

Permit No. NCG120000
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: General Permit Coverage
Section B: Permitted Activities
PART IIMONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES
Section A: Final Limitations and Controls for Stormwater Discharges
Section B: Analytical Monitoring Requirements
Section C: On -Site Vehicle and Equipment Maintenance Monitoring Requirements
Section D: Qualitative Monitoring and Visual Inspection Requirements
PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS
Section A: Compliance and Liability
1. Compliance Schedule
2. Duty to Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
S. Oil and Hazardous Substance Liability
6. Property Rights
7. Severability
8. Duty to Provide Information
9. Penalties for Tampering
10. Penalties for Falsification of Reports
11. Onshore or Offshore Construction
12. Duty to Reapply
Section B: General Conditions
1. General Permit Expiration
2. Transfers
3. When an Individual Permit May be Required
4. When an Individual Permit May be Requested
5. Signatory Requirements
6. General Permit Modification, Revocation and Reissuance, or Termination
7. Certificate of Coverage Actions
8. Annual Administering and Compliance Monitoring Fee Requirements
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Permit No. NCG120000
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Spills
8.
Bypass
9.
Twenty-four Hour Reporting
10.
Other Noncompliance
11.
Other Information
PART IV DEFINITIONS
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Permit No. NCG120000
PART I INTRODUCTION
SECTION A: GENERAL PERMIT COVERAGE
All persons desiring to be covered by this General Permit must register with the Division of Water Quality
(DWQ) by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a
certificate of coverage issued prior to any point source discharge of stormwater associated with industrial
activity to the surface waters of the state.
Any owner or operator not wishing to be covered or limited by this General Permit may make application
for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the
reasons supporting the request. Any application for an individual permit should be made at least 180 days
prior to commencement of discharge.
This General Permit does not cover activities or discharges covered by an individual NPDES permit until the
individual permit has expired or has been revoked. Any person conducting an activity covered by an
individual permit but which could be covered by this General Permit may request that the individual permit
be revoked and coverage under this General Permit be provided.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR
§122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit
requirements. Any owner or operator wishing to obtain a No Exposure Exclusion must submit a No
Exposure Certification Notice of Intent (NOI) form to the Division; must receive approval by the Division;
must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater
permit; and must recertify the No Exposure Exclusion annually.
Any facility may apply for new or continued coverage under this permit until a Total Maximum Daily Load
(TMDL) for pollutants for stormwater is established. A TMDL sets a pollutant -loading limit that affects a
watershed, or portion of a watershed, draining to a specific impaired water. For discharges to
watersheds affected by a TMDL, coverage under this permit may depend on the facility
demonstrating it does not have reasonable potential to violate applicable water quality standards
for those pollutants as a result of discharges. If DWQ determines that discharges have reasonable
potential to cause water quality standard violations, the facility shall apply for an individual permit 180
days prior to the expiration date of this General Permit. Once that individual permit is effective, the facility
will no longer have coverage under this General Permit.
During the period beginning on the effective date of the permit and lasting until expiration, the permittee is
authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled,
limited, and monitored as specified in this permit.
Part I Page 1 of 2

Permit No. NCG120000
SECTION B: PERMITTED ACTIVITIES
Until coverage under this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater, to the surface waters of North Carolina or to a separate storm sewer system, which has been
adequately treated and managed in accordance with the terms and conditions of this General Permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-
stormwater discharge or is covered by another permit, authorization, or approval. The discharges
authorized by this General Permit shall not cause or contribute to violations of Water Quality
Standards.
Where wetlands are located on or nearby landfilling operations, discharges authorized by this permit and
site operations must meet applicable wetland standards, as recorded in 15A NCAC 213.0230 and .0231, and
water quality certification requirements as outlined in 15A NCAC 21-1.0500.
This permit does not relieve the permittee from responsibility for compliance with any other applicable
federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Part I Page 2 of 2

Permit No. NCG120000
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES
SECTION A: LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES
During the period beginning on the effective date of the Certificate of Coverage and lasting until expiration
of the General Permit, the permittee is authorized to discharge stormwater. Such discharges shall be
controlled, limited, and monitored as specified below:
1. Prior to commencement of land disturbing activities, the permittee shall submit for approval a
Sedimentation and Erosion Control Plan (plan) to the Department of Environment and Natural
Resources, Division of Energy, Mineral, and Land Resources, or an approved local program,
pursuant to the requirements of NC G.S. 113A-54.1 and in conformity with the rules adopted by the
Sedimentation and Erosion Control Commission.
2. The permittee shall implement the approved plan. The approved plan is a requirement or condition
of this General Permit. Deviation from the approved plan, or approved amendment to the plan,
shall constitute a violation of the terms and conditions of this General Permit. A signed copy of the
approved plan shall be maintained on the site at all times.
3. Prior to constructing or operating a landfill the permittee shall obtain a permit for a sanitary landfill
from the N.C. Department of Environment and Natural Resources, Division of Waste Management,
pursuant to the requirements of NC G.S. 130A - 294 and in conformity with the rules adopted in 15A
North Carolina Administrative Code, Subchapter 13B Section .0500 or Section .1600. The landfill
permit is a requirement or condition of this General Permit. Deviation from the landfill permit, or
approved amendment or revision of the landfill permit, shall constitute a violation of the terms and
conditions of this General Permit. A signed copy of the landfill permit shall be maintained on the
site at all times.
4. Secondary Containment Requirements and Records. Secondary containment is required for: bulk
storage of liquid materials including petroleum products; storage in any amount of Section 313 of
Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, -
and storage in any amount of hazardous substancesin order to prevent leaks and spills from
contaminating stormwater runoff. A table or summary of all such tanks and stored materials and
their associated secondary containment areas shall be maintained. If the secondary containment
devices are connected to stormwater conveyance systems, the connection shall be controlled by
manually activated valves or other similar devices, which shall be secured closed with a locking
mechanism. Any stormwater that accumulates in the containment area shall be at a minimum
visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to
release of the accumulated stormwater. Accumulated stormwater shall be released if found to be
uncontaminated by any material. Records documenting the individual making the observation, the
description of the accumulated stormwater, and the date and time of the release shall be kept for a
period of five (5) years. For facilities subject to a federal oil Spill Prevention, Control, and
Countermeasure Plan, facility compliance with any portion of the SPCC plan fully consistent with
the requirements of this permit may be used to demonstrate compliance with this permit.
5. Equipment utilized during the land disturbing or landfill operational activities on a site shall be
operated and maintained in such a manner as to prevent potential or actual pollution of the surface
or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, other petroleum
products, and spent fluids shall be disposed of in a manner so as not to enter the waters, surface or
ground, of the state and in accordance with applicable state and federal disposal regulations. Any
Part II Page 1 of 6

Permit No. NCG120000
spilled fluids shall be cleaned up to the extent practicable and disposed of in a manner so as not to
allow their entry into the waters, surface or ground, of the state.
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical
monitoring shall be performed during a measureable storm event at each stormwater discharge outfall
(SDO). Only SDOs having stormwater discharges associated with industrial activity must be sampled. See
Definitions.
A measurable storm event is a storm event that results in an actual discharge from the permitted
site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-
hour storm interval does not apply if the permittee is able to document that a shorter interval is
representative for local storm events during the sampling period, and the permittee obtains
approval from the local DWQ Regional Office. See Definitions.
Table 1 Analytical M nitoring Requirements
Discharge
Characteristics
Units
Measurement
Fre uenc 1
Sample
Type
Sample
Location3
Chemical Oxygen Demand
mg/1
semi-annual
Grab
SDO
Fecal Coliform
# per 100 ml
semi-annual
Grab
SDO
Total Suspended Solids
m /l
semi-annual
Grab
SDO
Total Rainfa114
inches
semi-annual
Rain gauge
-
Footnotes:
1 Measurement Frequency: Twice per year during a measureable storm event.
2 Sample collection must begin within the first 30 minutes of discharge and continue to all outfalls until completed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless
representative outfall status (ROS) has been granted by DWQ. A copy of the DWQ letter granting ROS must be kept
on site. DWQ's ROS letter remains in effect through the subsequent reissuance of this permit and as long as the
pertinent site conditions and operations remain unchanged, unless the ROS letter provides for other conditions or
duration.
4 For each sampled measureable storm event the total precipitation must be recorded from an on -site rain gauge.
(Where isolated sites are unmanned for extended periods, a local rain gauge reading may be substituted for an on -site
gauge, upon prior DWQ written approval.)
The permittee shall complete the analytical samplings in accordance with the schedule specified in Table 2
below, unless adverse weather conditions prevent sample collection (see Definitions.) Inability to sample
because of adverse weather conditions must be recorded on the Discharge Monitoring Report, along with a
description of the adverse conditions and their duration. Sampling is not required outside of the facility's
normal operating hours.
A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring
has been instituted via other requirements of this permit. The permittee must report the results of every
discharge sample taken within the monitoring period (see Part III, Section E).
Failure to monitor semi-annually per permit terms may result in the Division requiring monthly
monitoring for all parameters for a specified time period. "No discharge" from an outfall or inability to
collect a sample because of adverse weather conditions during a monitoring period, for example, does not
constitute failure to monitor, as long as it is properly reported.
Part II Page 2 of 6

Permit No. NCG120000
Table 2 Monitoring Schedule
Monitoring Periodl,z
Sample Number
Start
Year 1- Period 1
1
January 1, 2013
June 30, 2013
Year 1- Period 2
2
July 1, 2013
December 31, 2013
Year 2 - Period 1
3
January 1, 2014
June 30, 2014
Year 2 - Period 2
4
July 1, 2014
December 31, 2014
Year 3 - Period 1
5
January 1, 2015
June 30, 2015
Year 3 - Period 2
6
July 1, 2015
December 31, 2015
Year 4 - Period 1
7
January 1, 2016
June 30, 2016
Year 4 - Period 2
8
July 1, 2016
December 31, 2016
Year 5 - Period 1
9
January 1, 2017
June 30, 2017
Year 5 - Period 2
10
July 1, 2017
October 31, 2017
Footnotes:
1 Maintain semi-annual monitoring during permit renewal process (unless monthly monitoring has been triggered
via other permit requirements.)
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No
Flow" within 30 days of the end of the sampling period.
The permittee shall compare monitoring results to the benchmark values in Table 3. The benchmark values
are not permit limits but should be used as guidelines for the permittee's response actions to control the
discharge of pollutants in site stormwater. Exceedances of benchmark values require the permittee to increase
monitoring, increase management actions, increase record keeping, and/or install stormwater Best
Management Practices (BMPs) in a tiered program.
Table 3 Benchmark Values for Analytical Monitoring Requirements
Discharge Characteristics
Benchmark Value
Chemical Oxygen Demand
120 mg/1
Fecal Coliform
1000 colonies per 100 ml
Total Suspended Solids (TSS)
100 mg/1
TSS ORW, HQW, Trout, and PNA waters
50 m L
Each separate parameter benchmark exceedance triggers a separate tiered response for that parameter at that
outfall. See the descriptions of Tier One, Tier Two, and Tier Three response actions below. In the event that
DWQ releases the permittee from continued monthly monitoring under Tier Three, DWQ's release letter
remains in effect through the subsequent reissuance of this permit, unless the release letter provides for other
conditions or duration.
Part II Page 3 of 6

Permit No. NCG120000
Tier One
If: The first valid sampling results are above a benchmark value, or outside the benchmark range, for
any parameter at anv outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedence.
3. Identify the potential, and select the specific: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern.
4. Implement the selected actions within two months of the inspection.
5. Maintain an on -site record of each instance of a Tier One response. Include the date and value
of the benchmark exceedence, the inspection date, the personnel conducting the inspection,
the selected actions, and the date the selected actions were implemented.
Tier Two
If: During the term of this permit, the sampling results are above the benchmark values, or outside
the benchmark range, for any specific parameter at a specific discharge outfall two times in a row;
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring for all parameters. Conduct monthly monitoring at
every outfall where a sampling result exceeded the benchmark value for two consecutive
samples. Monthly (analytical and qualitative) monitoring shall continue until three
consecutive sample results are below the benchmark values, or within the benchmark range.
3. Submit a monthly monitoring report indicating "No Flow" if no discharge occurs during the
sampling period.
4. Maintain a record of the Tier Two response and monitoring results on site.
Tier Three
During the term of this permit, if the valid sampling results required for the permit monitoring
periods exceed the benchmark value for any specific parameter at any specific outfall on four
occasions, the permittee shall notify the DWQ Regional Office Surface Water Supervisor in writing
within 30 days of receipt of the fourth analytical results. DWQ may, but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for some
or all parameters;
• rescind coverage under the General Permit, and require that the permittee apply for an
individual stormwater discharge permit;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize
impacts on receiving waters.
Part II Page 4 of 6

Permit No. NCG120000
SECTION C: ON -SITE VEHICLE AND EQUIPMENT MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle or equipment maintenance activity occurring on -site which in aggregate
uses more than 55 gallons of new motor oil and hydraulic oil per month when averaged over the calendar
year shall perform analytical monitoring as specified below in Table 4. All analytical monitoring shall be
performed during a measureable storm event at all SDOs which discharge stormwater runoff from the
vehicle maintenance areas, in accordance with the schedule presented in Table 2 (Section B.)
Table 4 Analytical Moni oring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
Units
Measurement
Fre uenc 1
Sample
Type2
Sample
Location3
H
standard
semi-annual
Grab
SDO
Non -Polar Oil & Grease/TPH
EPA Method 1664 SGT-HEM
mg/l
semi-annual
Grab
SDO
Total Suspended Solids
m /l
semi-annual
Grab
SDO
Total Rainfall4
inches
semi-annual
Rain gauge
New Motor Oil Usage
al month
I semi-annual
Estimate
-
Footnotes:
1 Measurement Frequency: Twice per year during a measureable storm event.
2 Sample collection must begin within the first 30 minutes of discharge and continue to all outfalls until completed.
3 Sample Location: Samples shall be collected at each SDO receiving runoff from vehicle and equipment
maintenance areas unless representative outfall status (ROS) has been granted by DWQ. A copy of the DWQ letter
granting ROS must be kept on site. DWQ's ROS letter remains in effect through the subsequent reissuance of this
permit and as long as the pertinent site conditions and operations remain unchanged, unless the ROS letter
provides for other conditions or duration.
4 For each sampled measureable storm event the total precipitation must be recorded from an on -site rain gauge.
(Where isolated sites are unmanned for extended periods, a local rain gauge reading may be substituted for an on -site
gauge, upon prior DWQ written approval.)
Monitoring results shall be compared to the benchmark values in Table 5. Exceedences of benchmark values
require the permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs), in accordance with the tiered response provisions of
Part II, Section B.
Table 5 Benchmark Values for On -Site Vehicle and Equipment Maintenance Activities
Discharge Characteristics
Benchmark Value
pH
Within the range 6.0 - 9.01
Non -Polar Oil & Grease/TPH
EPA Method 1664 (SGT-HEM)]
15 mg/l
otal Sus ended Solids TSS
100 m 1
rTSS ORW, HQW, Trout, and PNA waters
50 m L
Footnote 1: If pH values outside this range are recorded in sampled stormwater discharges, but ambient
precipitation pH levels are lower, then the lower threshold of this benchmark range is the pH of the
precipitation (within instrument accuracy) instead of 6 S.U. Readings from an on -site rain gauge must be
documented to demonstrate that background concentrations were below the benchmark pH range of 6-9.
Part I1 Page 5 of 6

Permit No. NCG120000
Failure to monitor semi-annually per permit terms may result in the Division requiring monthly
monitoring for a specified time period. "No discharge" from an outfall or inability to collect a sample
because of adverse weather conditions during a monitoring period, for example, does not constitute failure
to monitor, as long as it is properly reported.
SECTION D: QUALITATIVE MONITORING AND VISUAL INSPECTION REQUIREMENTS
Qualitative monitoring shall be performed twice per year and concurrent with the analytical monitoring
requirements in Part II Sections B and C for the characteristics listed in Table 6. Qualitative monitoring is
for the purpose of quickly evaluating the effectiveness of the stormwater controls. No analytical tests are
required. The permittee shall maintain a written record of the qualitative monitoring events on site.
Table 6 Qualitative Monitoring Requirements
Discharge Characteristics
Monitoring
Locationl
Color
SDO
Odor
SDO
Clarity
SDO
Floating Solids
SDO
Suspended Solids
SDO
Foam
SDO
Oil Sheen
SDO
Erosion or deposition at the
outfall
SDO
Other obvious indicators
of stormwater pollution
SDO
Footnote 1: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of
representative outfall status (ROS) unless ROS has been granted specifically for qualitative monitoring. A copy of
DWQ's letter granting ROS must be kept on site. DWQ's ROS letter remains in effect through the subsequent
reissuance of this permit and as long as the pertinent site conditions and operations remain unchanged, unless the
ROS letter provides for other conditions or duration.
Visual inspections shall be conducted to ensure that all stormwater controls, including all sedimentation
and erosion controls, are intact, in good repair, fully functional, and are otherwise being properly
implemented. Inspections shall be conducted at least once every seven calendar days, and within 24 hours
after any storm event of greater than 0.5 inches of rain per 24 hour period. The permittee shall maintain a
written record of each visual inspection on site.
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall maintain on -
site records of both the suspected cause of the condition and the corrective actions taken.
If the permittee's qualitative monitoring or visual inspections indicate that existing stormwater controls are
ineffective, or that significant stormwater contamination is a recurring condition, the permittee shall
investigate potential causes, evaluate the feasibility of corrective actions, and implement feasible corrective
actions within 60 days. A written record of the permittee's investigation, evaluation, and response actions
shall be kept on site. Records related to qualitative monitoring and visual inspections need only be
submitted to DWQ upon the Division's specific request for those records.
Part II Page 6 of 6

Permit No. NCG120000
PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS
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1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance
with the following schedule:
Existing facilities already operating, but applying for coverage under this general permit for the first time:
Secondary containment, as specified in Part II, Section A, Paragraph 4 of this permit, shall be accomplished
within 12 months of the effective date of the initial Certificate of Coverage. All other requirements,
conditions, limitations, and controls contained in this permit become effective immediately upon issuance of
the Certificate of Coverage.
New facilities applying for permit coverage for the first time and existing facilities previously permitted and
applying for renewal under this general permit: All requirements, conditions, limitations, and controls
contained in this permit become effective immediately upon issuance of the Certificate of Coverage.
2. Duty to Comply
The permittee must comply with all conditions of this general permit. Any permit noncompliance constitutes
a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination,
revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.411.
a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA
for toxic pollutants within the time provided in the regulations that establish these standards or
prohibitions, even if the general permit has not yet been modified to incorporate the requirement.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act,
or any permit condition or limitation implementing any such sections in a permit issued under section
402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or
402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC
1319(d) and 40 CFR 122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405
of the Act, or any condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act, or any requirement imposed in a pretreatment program approved under section
402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of
violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent
conviction for a negligent violation, a person shall be subject to criminal penalties of not more than
$50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1)
and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both.
In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to
criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6
years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any
permit condition or limitation implementing any of such sections in a permit issued under section 402 of
the Act, and who knows at that time that he thereby places another person in imminent danger of death
or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or
imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a
Part III Page 1 of 9

Permit No. NCG120000
knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by
imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii)
of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not
more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR
122.41(a) (2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any
person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit.
[North Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301,
302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations
are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to
exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during
which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500.
[33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]
3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this general
permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR
122.41(d)].
4. Civil and Criminal Liability
Except as provided in Part III, Section C of this general permit regarding bypassing of stormwater control
facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the Federal
Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills,
even though the responsibility for effective compliance may be temporarily suspended.
5. Oil and Hazardous Substance Liability
Nothing in this general permit shall be construed to preclude the institution of any legal action or relieve the
permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to
under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
6. Property Rights
The issuance of this general permit does not convey any property rights in either real or personal property,
or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal
rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)].
7. Severability
The provisions of this general permit are severable, and if any provision of this general permit, or the
application of any provision of this general permit to any circumstances, is held invalid, the application of
such provision to other circumstances, and the remainder of this general permit, shall not be affected thereby
[NCGS 15013-23].
8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which
the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and
reissuing, or terminating the general permit issued pursuant to this general permit or to determine
compliance with this general permit. The permittee shall also furnish to the Permit Issuing Authority upon
request, copies of records required to be kept by this general permit [40 CFR 122.41(h)].
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Permit No. NCG120000
9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate,
any monitoring device or method required to be maintained under this general permit shall, upon conviction,
be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years
per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of
such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by
imprisonment of not more than 4 years, or both [40 CFR 122.41].
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this general
permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be
punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years
per violation, or by both [40 CFR 122.41].
11. Onshore or Offshore Construction
This general permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
12. Duty to Reapply
Dischargers covered by this general permit need not submit a new Notice of Intent (NOI) or renewal request
unless so directed by the Division. If the Division chooses not to renew this general permit, the permittee will
be notified to submit an application for an individual permit [15A NCAC 02H .0127(e)].
SECTION B: GENERAL CONDITIONS
1. General Permit Expiration
General permits will be effective for a term not to exceed five years, at the end of which the Division may
renew them after all public notice requirements have been satisfied. If a general permit is renewed, existing
permittees do not need to submit a renewal request or pay a renewal fee unless directed by the Division.
New applicants seeking coverage under a renewed general permit must submit a Notice of Intent to be
covered and obtain a Certificate of Coverage under the renewed general permit [15A NCAC 02H .0127(e)].
2. Transfers
The certificate of coverage issued pursuant to this general permit is not transferable to any person without
prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may
condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may
require modification or revocation and reissuance of the Certificate of Coverage, or a minor modification, to
identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40
CFR 122.41(1)(3), 122.61] or state statute. The Permittee is required to notify the Division in writing in
the event the permitted facility is sold or closed.
3. When an Individual Permit May be Required
The Director may require any owner/operator authorized to discharge under a certificate of coverage issued
pursuant to this general permit to apply for and obtain an individual permit or an alternative general permit.
Any interested person may petition the Director to take action under this paragraph. Cases where an
individual permit may be required include, but are not limited to, the following:
a. The discharger is a significant contributor of pollutants;
b. Conditions at the permitted site change, altering the constituents and/or characteristics of the
discharge such that the discharge no longer qualifies for a general permit;
C. The discharge violates the terms or conditions of this general permit;
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Permit No. NCG120000
d. A change has occurred in the availability of demonstrated technology or practices for the control or
abatement of pollutants applicable to the point source;
e. Effluent limitations are promulgated for the point sources covered by this general permit;
f. A water quality management plan containing requirements applicable to such point sources is
approved after the issuance of this general permit;
g. The Director determines at his or her own discretion that an individual permit is required.
4. When an Individual Permit May be Requested
Any permittee operating under this general permit may request to be excluded from the coverage of this
general permit by applying for an individual permit. When an individual permit is issued to an
owner/operator the applicability of this general permit is automatically terminated on the effective date of
the individual permit.
5. Signatory Requirements
All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and
certified [40 CFR 122.41(k)].
a. All Notices of Intent to be covered under this general permit shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing, production,
or operating facilities, provided, the manager is authorized to make management decisions which
govern the operation of the regulated facility including having the explicit or implicit duty of making
major capital investment recommendations, and initiating and directing other comprehensive
measures to assure long term environmental compliance with environmental laws and regulations;
the manager can ensure that the necessary systems are established or actions taken to gather
complete and accurate information for permit application requirements; and where 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 [40 CFR 122.22].
b. All reports required by the general permit and other information requested by the Permit Issuing
Authority shall be signed by a person described in paragraph a. 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 Permit Issuing Authority [40 CFR 122.22]
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the
Director prior to or together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 122.22]
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Permit No. NCG120000
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
'7 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 forgathering the information, the information submitted is, to the best
of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations. "
6. General Permit Modification. Revocation and Reissuance, or Termination
The issuance of this general permit does not prohibit the Permit Issuing Authority from reopening and
modifying the general permit, revoking and reissuing the general permit, or terminating the general permit
as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122
and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina
General Statute 143-215.1 et al.
After public notice and opportunity for a hearing, the general permit may be terminated for cause. The filing
of a request for a general permit modification, revocation and reissuance, or termination does not stay any
general permit condition. The Certificate of Coverage shall expire when the general permit is terminated.
Certificate of Coverage Actions
The general permit may be modified, revoked and reissued, or terminated for cause. The notification of
planned changes or anticipated noncompliance does not stay any general permit condition [40 CFR
122.41(f)].
8. Annual 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)(2)
may cause this Division to initiate action to revoke coverage under the general permit.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the permittee to achieve compliance with
the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls
and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary
facilities or similar systems which are installed by a permittee only when the operation is necessary to
achieve compliance with the conditions of this permit [40 CFR 122.41(e)].
2. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this general permit [40
CFR 122.41(c)].
3. Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention
of stormwater or maintenance during normal periods of equipment downtime or dry weather. This
condition is not satisfied if adequate backup controls should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
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Permit No. NCG120000
c. The permittee submitted notices as required under, Part III, Section E of this general permit.
If the Director determines that it will meet the three conditions listed above, the Director may approve an
anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a measureable storm
event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be
taken before the discharge joins or is diluted by any other waste stream, body of water, or substance.
Monitoring points as specified in this general permit shall not be changed without notification to and
approval of the Permit Issuing Authority [40 CFR 122.41(j)].
2. Recording Results
For each measurement or sample taken pursuant to the requirements of this general permit, the permittee
shall record the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
3. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to
NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to
Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR
136.
To meet the intent of the monitoring required by this general permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the minimum
detection or lower reporting level of the procedure. If no approved methods are determined capable of
achieving minimum detection and reporting levels below general permit discharge requirements, then the
most sensitive (method with the lowest possible detection and reporting level) approved method must be
used.
5. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that are
required to be sampled, the permittee may petition the Director for representative outfall status. If it is
established that the stormwater discharges are substantially identical and the permittee is granted
representative outfall status, then sampling requirements may be performed at a reduced number of outfalls.
6. Records Retention
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Permit No. NCG120000
Qualitative monitoring shall be documented and records maintained at the facility. Copies of analytical
monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring
information, including
o all calibration and maintenance records,
o all original strip chart recordings for continuous monitoring instrumentation,
o copies of all reports required by this general permit,
o copies of all data used to complete the Notice of Intent to be covered by this general permit.
These records or copies shall be maintained for a period of at least 5 years from the date of the sample,
measurement, report or Notice of Intent application. This period may be extended by request of the Director
at any time [40 CFR 122.41]. If this volume of records cannot be maintained on -site, the documents must be
made available to an inspector upon request as immediately as possible.
Inspection and Entr
The permittee shall allow the Director, or an authorized representative (including an authorized contractor
acting as a representative of the Director), or in the case of a facility which discharges through a municipal
separate storm sewer system, an authorized representative of a municipal operator or the separate storm
sewer system receiving the discharge, upon the presentation of credentials and other documents as may be
required by law, to:
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or
where records must be kept under the conditions of this general permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this
general permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under this general permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)].
SECTION E: REPORTING REQUIREMENTS
1. Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this general permit shall be submitted to the Division on
Discharge Monitoring Report (DMR) forms provided by the Director. DMR forms are available on the
Division's website (httR//portal.ncdenr.org/web/wq/ws/su/nl2dessw). Submittals shall be delivered to the
Division no later than 30 days from the date the facility receives the sampling results from the
laboratory.
When no discharge has occurred from the facility during the report period, the permittee is required to
submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all
required information and indicating "NO FLOW" as per NCAC T15A 0213.0506.
If the permittee monitors any pollutant more frequently than required by this general permit using test
procedures approved under 40 CFR Part 136 and at a sampling location specified in this general permit or
other appropriate instrument governing the discharge, the results of such monitoring shall be included in the
data submitted on the DMR.
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative
monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so.
Qualitative Monitoring Report forms are available at the website above.
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Permit No. NCG120000
2. Submitting Reports
Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to:
Central Files
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act,
33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the
offices of the Division. As required by the Act, analytical data shall not be considered confidential. Knowingly
making any false statement on any such report may result in the imposition of criminal penalties as provided
for in NCGS 143-215.613 or in Section 309 of the Federal Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this general permit coincides with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under all other applicable
discharge permits and provide this information with the stormwater discharge monitoring report.
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122.41(1)].
This notification requirement includes pollutants which are not specifically listed in the general permit or
subject to notification requirements under 40 CFR Part 122.42 (a).
6. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes at the permitted facility which
may result in noncompliance with the general permit [40 CFR 122.41(1)(2)].
7. Sills
The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined
in Part IV of this general permit. Additionally, the permittee shall report spills including: any oil spill of 25
gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless
of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be
cleaned up within 24 hours.
8. Bypass
Notice [40 CFR 122.41(m)(3)]:
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior
notice, if possible at least ten days before the date of the bypass; including an evaluation of the
anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass.
9. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any noncompliance
which may endanger health or the environment. Any information shall be provided orally within 24
hours from the time the permittee became aware of the circumstances. A written submission shall also
be provided within 5 days of the time the permittee becomes aware of the circumstances.
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Permit No. NCG120000
The written submission shall contain a description of the noncompliance, and its causes; the period
of noncompliance, including exact dates and times, and if the noncompliance has not been corrected,
the anticipated time compliance is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section if the
oral report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone].
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted [40 CFR 122.41(1)(7)].
11. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be
covered under this general permit, or submitted incorrect information in that Notice of Intent application or
in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)].
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Permit No. NCG120000
PART IV DEFINITIONS
1. Act
See Clean Water Act.
2. Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding,
high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse
weather conditions prevent the collection of samples during the sample period, the permittee must take a
substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of
an adverse event (with date, time and written narrative) and the rationale must be included with your
records. Adverse weather does not exempt the permittee from having to file a monitoring report in
accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and
reported on the relevant DMR.
3. Allowable Non-Stormwater Discharges
This general permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in
the stormwater conveyance system are:
a. All other discharges that are authorized by a non-stormwater NPDES permit.
b. Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals,
springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from
footing drains, irrigation waters, flows from riparian habitats and wetlands.
c. Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or eye wash as a
result of use in the event of an emergency.
4. Best Management Practices (BMPs).
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the
form of a process, activity, or physical structure. More information on BMPs can be found at:
httl2://cfpub.epa.gov/npdes/stormwater/menuofbml2s/index.cfm.
5. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility including
the collection system, which is not a designed or established operating mode for the facility.
6. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single above ground
storage container having a capacity of greater than 660 gallons or with multiple above ground storage
containers located in close proximity to each other having a total combined storage capacity of greater than
1,320 gallons.
7. Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies a general permit upon issuance and
lists the facility name, location, receiving stream, river basin, effective date of coverage under the general
permit and is signed by the Director.
8. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC
1251, et. seq.
9. Division or DWO
The Division of Water Quality, Department of Environment and Natural Resources.
10. Director
The Director of the Division of Water Quality, the permit issuing authority.
11. EMC
The North Carolina Environmental Management Commission.
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Permit No. NCG120000
12. Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or
qualitatively) must be taken within the first 30 minutes of discharge.
13. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
14. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land
treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a
surface storage facility.
15. Measureable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The previous measurable
storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the
permittee is able to document that a shorter interval is representative for local storm events during the
sampling period, and obtains approval from the local DWQ Regional Office. Two copies of this information
and a written request letter shall be sent to the local DWQ Regional Office. After authorization by the DWQ
Regional Office, a written approval letter must be kept on site.
16. Municipal Separate Storm Sewer System (M54)
A stormwater collection system within an incorporated area of local self-government such as a city or town.
17. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff.
Industrial materials or activities include, but are not limited to, material handling equipment or activities,
industrial machinery, raw materials, intermediate products, by-products, final products, or waste products.
DWQ may grant a No Exposure Exclusion from NPDES stormwater permitting requirements only if a facility
complies with the terms and conditions described in 40 CFR §122.26(g).
18. Notice of Intent
The state application form which, when submitted to the Division, officially indicates the facility's notice of
intent to seek coverage under a general permit.
19. Permit Issuing Authority
The Director of the Division of Water Quality (see "Director' above).
20. Permittee
The owner or operator issued a Certificate of Coverage pursuant to this general permit.
21. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch,
channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of
the state.
22. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges
at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the
permittee to perform analytical monitoring at a reduced number of outfalls.
23. 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.
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Permit No. NCG120000
24. Section 313 Water Priority Chemical
A chemical or chemical category which:
b. 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;
C. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting
requirements; and
d. Meets at least one of the following criteria:
i. Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table III
(certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous
substances);
ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or
iii. Is a pollutant for which EPA has published acute or chronic water quality criteria.
25. Severe Property Damage
Substantial physical damage to property, damage to the control facilities which causes them to become
inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to
occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in
production.
26. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets;
finished materials such as metallic products; raw materials used in food processing or production; hazardous
substances designated under section 101(14) of CERCLA; any chemical the facility is required to report
pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and
sludge that have the potential to be released with stormwater discharges.
27. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA
(Ref: 40 CFR 302.4).
28. Stormwater Discharge Outfall (SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not
limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from
which stormwater flows directly or indirectly into waters of the State of North Carolina.
29. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a
result of snowmelt.
30. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and which is
directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities
considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14).
The term does not include discharges from facilities or activities excluded from the NPDES program.
31. Stormwater Pollution Prevention Plan (SPPP)
A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and
is based on an evaluation of the pollution potential of the site.
32. Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific
water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at
http:1112ortal.ncdenr.org/web/wq/ps/mtu/tmdl.
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Permit No. NCG120000
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a) (1) of the Clean Water Act.
34. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations.
35. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
36. 25-year. 24 hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25
years.
Part IV Page 4 of 4