HomeMy WebLinkAboutNCS000575_Permit Major Mod with Letter (Correction)_20201105ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
Mr. Antonio D. Price
General Manager II
Asheville Steam Electric Station
46 Duke Energy Lane
Arden, NC 28704
Dear Mr. Price:
NORTH CAROLINA
Environmental Quality
November 5, 2020
Subject: NPDES Stormwater Permit
Permit No. NCS000575
Major Modification
Asheville Steam Electric Station
Buncombe County
The Division of Energy, Mineral, and Land Resources' Stormwater Program received your
request to modify permit no. NCS000575 on January 29, 2020.
The Division has issued a correction to the Major Modification issued to you on October 30,
2 02 0. This modification includes the following changes from your current permit:
• Modifications to the permit in Part II on page 9 of 15 to specify the date on which
analytical sampling requirements from this permit modification will go into effect.
• Revisions to the permit cover page to reflect the latest amendment date and correct
address for the Asheville Steam Electric Station.
Please replace these pages in the current permit with the revised pages and discard
the older pages.
All other conditions and schedules in the previous permit remain in place and in effect.
If any parts, measurement frequencies, or sampling requirements in this modification are
unacceptable to you, then you have the right to file a petition for a contested case with the
Office of Administrative Hearings within (30) days following the receipt of the letter. This
petition must conform to the requirements of Chapter 150B of the North Carolina General
Statutes. Petitions must be timely filed with the Office of Administrative Hearings, Post
D_E Q�� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
4;3i•/ 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
NORTH CAROLINA
°pa^"""' °'^^•^� /� 919.707.9200
Office Drawer 11666, Raleigh, North Carolina 27604. If you do not file a petition within the
required time, the agency decision shall be final and binding.
If you have any questions or comments concerning this correspondence, contact Aana
Gamble at (919) 707-3648 or at aana.gambleOncdenngov.
Sincerely,
for Brian Wrenn, Director
Division of Energy, Mineral, and Land Resources
cc: Asheville Regional Office, DEMLR Stormwater Program (via email)
Sam Sampath, US EPA (via email)
Joyce Dishmon, Duke Energy (via email)
Robert Wylie, Duke Energy (via email)
Stormwater Program
Enclosure
Permit No. NCS000575
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
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,
Duke Energy Progress, LLC
is hereby authorized to discharge stormwater from a facility located A:
Asheville Steam Electric Plant
46 Duke Energy Lane
Arden, NC
Buncombe County
to receiving waters designated as Lake Julian, a class C and an unnamed tributary to Powell
Creek, a class C in the French Broad 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 May 24, 2016
This permit and the authorization to discharge shall expire at midnight on April 30, 2021.
Originally issued May 24, 2016; amended and signed this day November 5, 2020.
for Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
Permit No. NCS000575
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop and implement a Stormwater Pollution Prevention Plan
(SPPP). The SPPP shall be maintained on site unless exempted from this requirement by
the Division. The SPPP is public information in accordance with Part III, Standard
Conditions, Section E, paragraph 3 of this permit. The SPPP should also specifically and
separately address deconstruction, demolition, coal, and/or coal ash hauling or disposal
activities. The SPPP shall include, at a minimum, the following items:
1. Site Overview. The Site Overview shall provide a description of the physical facility
and the potential pollutant sources that may be expected to contribute to
contamination of stormwater discharges. The Site Overview shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent
map), showing the facility's location in relation to transportation routes and surface
waters; the name of the receiving waters to which the stormwater outfalls
discharge, or if the discharge is to a municipal separate Aonn sewer system, the
name of the municipality and the ultimate receiving waters; and accurate latitude
and longitude of the points of stormwater discharge associated with industrial
activity. The general location map (or alternatively the site map) shall identify
whether any receiving waters are impaired (on the state's 303(d) list of impaired
waters) or if the site is located in a watershed for which a TMDL has been
established, and what the parameters of concern are.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants that
could be expected to be present in the stormwater discharge from each outfall. The
narrative should also reference deconstruction, demolition, coal, and/or coal ash
hauling or disposal activities where applicable.
(c) A site map drawn at a scale sufficient to clearly depict: the site property boundary;
the stormwater discharge outfalls; all on -site and adjacent surface waters and
wetlands; industrial activity areas (including storage of materials, disposal areas,
process areas, loading and unloading areas, and haul roads); site topography and
finished grade; all drainage features and structures; drainage area boundaries and
total contributing area for each outfall; direction of flow in each drainage area;
industrial activities occurring in each drainage area; buildings; stormwater Best
Management Practices (BMPs); and impervious surfaces. The site map must
indicate the percentage of each drainage area that is impervious, and the site map
must include a graphic scale indication and north arrow.
Part II Page 1 of 14 Pages
(d) A list of significant spills or leaks of pollutants during the previous three (3) years
and any corrective actions taken to mitigate spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The permittee shall submit the first certification
no later than 90 days after the effective date of this permit to the Stormwater
Permitting Program Central Office and shall re -certify annually that the
stormwater outfalls have been evaluated for the presence of non-stormwater
discharges. For any non-stormwater discharge identified, the permittee shall
indicate how that discharge is permitted or otherwise authorized. The certification
statement will be signed in accordance with the requirements found in Part III,
Standard Conditions, Section B, Paragraph 3.
2. Stormwater Management Strategy. The Stormwater Management Strategy shall
contain a narrative description of the materials management practices employed which
control or minimize the stormwater exposure of significant materials, including
structural and nonstructural measures. This strategy should also address
deconstruction, demolition, coal, and/or coal ash hauling or disposal activities where
applicable. The Stormwater Management Strategy, at a minimum, shall incorporate the
following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to rainfall and run-on flows. Wherever practical, the
permittee shall prevent exposure of all storage areas, material handling operations,
and manufacturing or fueling operations. In areas where elimination of exposure is
not practical, this review shall document the feasibility of diverting the stormwater
run-on away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section 313
of Title III of the Superfund Amendments and Reauthorization Act (SARA) water
priority chemicals; and storage in any amount of hazardous substances in order to
prevent leaks and spills from contaminating stormwater runoff. A table or summary
of all such tanks and stored materials and their associated secondary containment
areas shall be maintained. If the secondary containment devices are connected 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 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 (SPCC), any portion of the SPCC Plan fully
compliant with the requirements of this permit may be used to demonstrate
compliance with this permit.
Part II Page 2 of 15 Pages
In addition to secondary containment for tankage, the permittee shall provide drip
pans or other similar protection measures for truck or rail car liquid loading and
unloading stations.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMPs) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and on data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary should also address deconstruction,
demolition, coal, and/or coal ash hauling or disposal activities where applicable.
The permittee shall refer to the BMPs described in EPA's Multi -Sector Permit
(MSGP) and Industrial Stormwater Fact Sheet for Steam Electric Power Generating
Facilities (EPA-833-F-06-030) for guidance on BMPs that may be appropriate for
this site. The BMP Summary shall be reviewed and updated annually.
3. Spill Prevention and Response Procedures. The Spill Prevention and Response
Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based
on a materials inventory of the facility. Facility personnel responsible for implementing
the SPRP shall be identified in a written list incorporated into the SPRP and signed and
dated by each individual acknowledging their responsibilities for the plan. A
responsible person shall be on -site at all times during facility operations that have
increased potential to contaminate stormwater runoff through spills or exposure of
materials associated with the facility operations. The SPRP must be site stormwater
specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC)
may be a component of the SPRP, but may not be sufficient to completely address the
stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may
be incorporated by reference into the SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance and good housekeeping program shall be developed and implemented.
The program shall address all stormwater control systems (if applicable), stormwater
discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial
activity areas (including material storage areas, material handling areas, disposal areas,
process areas, loading and unloading areas, and haul roads), all drainage features and
structures, and existing structural BMPs.
The program shall establish schedules of inspections, maintenance, and housekeeping
activities of stormwater control systems, as well as facility equipment, facility areas,
and facility systems that present a potential for stormwater exposure or stormwater
pollution where not already addressed under another element of the SPPP. Inspection
of material handling areas and regular cleaning schedules of these areas shall be
incorporated into the program. Compliance with the established schedules for
inspections, maintenance, and housekeeping shall be recorded and maintained in the
SPPP. The program should also address deconstruction, demolition, coal, and/or coal
Part II Page 3 of 15 Pages
ash hauling or disposal activities where applicable. The Good Housekeeping Program
shall also include, but not be limited to, BMPs to accomplish the following:
(a) Minimize contamination of stormwater runoff from oil-bearing equipment in
switchyard areas;
(b) Minimize contamination of stormwater runoff from delivery vehicles and rail
cars arriving and departing the plant site;
(c) Inspect all residue -hauling vehicles for proper covering over the load,
adequate gate -sealing, and overall integrity of the container body. Repair
vehicles as necessary; and
(d) Reduce or control the tracking of ash and residue from ash loading and
storage areas;
Facility Inspections. Inspections of the facility (including tanks, pipes, and equipment)
and all stormwater systems shall occur as part of the Preventative Maintenance and
Good Housekeeping Program at a minimum on a semi-annual schedule, once during the
first half of the year (January to June), and once during the second half (July to
December), with at least 60 days separating inspection dates (unless performed more
frequently than semi-annually). These facility inspections are different from, and in
addition to, the stormwater discharge characteristic monitoring at the outfalls required
in Part II B, and C of this permit.
6. Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill
response and cleanup, preventative maintenance activities, and for any of the facility's
operations that have the potential to contaminate stormwater runoff. The facility
personnel responsible for implementing the training shall be identified, and their
annual training shall be documented by the signature of each employee trained.
7. Responsible Party. The SPPP shall identify a specific position or positions responsible
for the overall coordination, development, implementation, and revision of the SPPP.
Responsibilities for all components of the SPPP shall be documented and position
assignments provided.
8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP
whenever there is a change in design, construction, operation, site drainage,
maintenance, or configuration of the physical features which may have a significant
effect on the potential for the discharge of pollutants to surface waters. All aspects of
the SPPP shall be reviewed and updated on an annual basis. The annual update
shall include:
(a) an updated list of significant spills or leaks of pollutants for the previous three
(3) years, or the notation that no spills have occurred (element of the Site
Overview);
(b) a written re -certification that the stormwater outfalls have been evaluated for
the presence of non-stormwater discharges (element of the Site Overview);
Part II Page 4 of 15 Pages
(c) a documented re-evaluation of the effectiveness of the on -site stormwater
BMPs (BMP Summary element of the Stormwater Management Strategy).
(d) a review and comparison ofsample analytical data to benchmark values (if
applicable) over the past year, including a discussion about Tiered Response
status. The permittee shall use the Division's Annual Summary Data
Monitoring Report (DMR) form, available from the Stormwater Permitting
Program's website (See `Monitoring Forms' here:
http://portal.ncdenr.org/web/ir/npdes-stormwater).
If the Director notifies the permittee that the SPPP does not meet one or more of the
minimum requirements of the permit, the permittee shall have 30 days to respond.
Within 30 days of such notice, the permittee shall submit a time schedule to the
Director for modifying the SPPP to meet minimum requirements. The permittee shall
provide certification in writing (in accordance with Part III, Standard Conditions,
Section B, Paragraph 3) to the Director that the changes have been made.
9. SPPP Implementation. The permittee shall implement the Stormwater Pollution
Prevention Plan and all appropriate BMPs consistent with the provisions of this permit,
in order to control contaminants entering surface waters via stormwater.
Implementation of the SPPP shall include documentation of all monitoring,
measurements, inspections, maintenance activities, and training provided to
employees, including the log of the sampling data and of actions taken to implement
BMPs associated with the industrial activities, including vehicle maintenance activities.
Such documentation shall be kept on -site for a period of five (5) years and made
available to the Director or the Director's authorized representative immediately upon
request.
Part II Page 5 of 15 Pages
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Tables
1-3. All analytical monitoring shall be performed during a measurable storm event at the
specified-stormwater discharge outfalls (SDOs) that discharge stormwater associated with
industrial activity (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 DEMLR Regional Engineer. See Definitions.
The following parameters shall be monitored during a measurable storm event from the
back entrance access road area, designated as Outfall SW001, SW003, SW-7, and SW-8
discharging into Lake Julian.
Table 1. Analytical Monitoring Requirements for Outfall SW001, SW003, SW-7,
and SW-8
Discharge
Measurement
Sample
Sample
Characteristics
Units
Frequencyl
Type2
Location3
Total Suspended Solids (TSS)
semi-annual
(quarterly, during
Grab
SDO
mg/L
coal or ash
transport only)
Total Rainfall4
semi-annual
(quarterly, during
inches
coal or ash
Rain Gauge
transport only)
40 CFR Part 423 Appendix A:
Priority Pollutant Metals - Ag, As,
quarterly, during
mg/L
coal or ash
Grab
SDO
Be, Cd, Cr, Cu, Hg, Ni, Pb, Sb, Se, Tl,
transport only
Zn5
BoronS
quarterly, during
mg/L
coal or ash
Grab
SDO
trans ort only
pH5
semi-annual
(quarterly, during
standard
coal or ash
Grab
SDO
transport only)
Footnotes:
1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt quarterly or
monthly sampling) during a measurable storm event, until either another permit is issued for this facility
or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or
Three response actions under the previous permit, the facility shall continue a monthly monitoring and
reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the
Division.
Part II Page 6 of 15 Pages
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between
outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30
minutes, and shall continue until completed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) specified above
unless representative outfall status (ROS) has been granted. The permittee may petition the Director for
ROS using DEMLR's ROS Request Form. DEMLR may grant ROS if stormwater discharges from a single
outfall are representative of discharges from multiple outfalls. Approved ROS will reduce the number of
outfalls where the analytical sampling requirements apply and will be documented in a letter to the
permittee. A copy of the Division's letter granting ROS shall be kept on site.
4 For each sampled measurable storm event, the total precipitation must be recorded. An on -site rain gauge
is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading
may be substituted for an on -site reading.
5 These parameters shall be monitored only if coal or coal ash is transported through the drainage areas of
these outfalls during the quarterly monitoring period in Table 4. Mercury shall be measured by EPA
Method 1631E.
The stormwater outfalls identified as SWO04, SWOOS, and SWO06 (outfalls along the main
entrance) are not associated with industrial activities. Any modifications to these outfalls
that result in a potential stormwater discharge associated with past or present industrial
activities will require a modification to this permit.
The parameters in Table 2 shall be monitored during a measurable storm event discharging
from the exterior stormwater drains around the power house to two stormwater collection
basins, via outfalls SWO09 and SWO10. Sampling at outfall SWO10 shall be conducted at
the SDO, unless the permittee can justify to the Division that sampling at the SDO
presents significant risk to human health. Outfalls SWO09 and SWO10 discharge to a
slope which has been stabilized by riprap and then to a wetland which ultimately flows into
the French Broad River. Monitoring for Priority Pollutant Metals and Boron, listed in
Table 2, can be discontinued after four consecutive sampling events with no
benchmark exceedances for these parameters.
Table 2. Analytical Monitoring Requirements for Outfall SWO09 and SWO10
Discharge
Measurement
Sample
Sample
Characteristics
Units
Frequencyl
Type2
Location3
Total Suspended Solids (TSS)
mg/L
semi-annual
Grab
SDO
Total Rainfa114
Rain
inches
semi-annual
_
Gauge
pH
standard
semi-annual
Grab
SDO
40 CFR Part 423 Appendix A:
Priority Pollutant Metals - Ag, As, Be,
mg/L
semi-annual
Grab
SDO
Cd, Cr, Cu, H , Ni, Pb, Sb, Se, Tl, Zn
Boron
m L
semi-annual
Grab
SDO
Footnotes:
1-4 Refer to Table 1, Footnotes 1-4
Part II Page 7 of 15 Pages
The Parameters in Table 3 shall be monitored during a measurable storm event
discharging from the access roads and coal ash haul for the new proposed coal combustion
residual (CCR) landfill, via outfalls SW011, SW012, and SWO13. Outfalls SW011, SW012,
and SWO13 discharge into an unnamed tributary, then to Powell Creek and then to the
French Broad River. The monitoring frequency will be quarterly for all parameters in
Table 3 and will be allowed to move to a semi-annual monitoring frequency after
four consecutive quarterly monitoring events with no benchmark exceedances post -
landfill closure.
At the time of the issuance of this permit major modification outfall SWO13 is a ditch. The
permittee has notified the Division of plans to add a discharge point at the designated
sampling location for outfall SWO13.
Table 3. Analytical Monitoring Requirements for Outfall SWO11, SW012, and
SWO13
Discharge
Measurement
Sample
Sample
Characteristics
Units
Frequencyl
Type2
Location3
Total Suspended Solids (TSS)
m L
g/
quarterly,
semi-annual
Grab
SDO
Total Rainfa114
quarterly,
Rain
inches
semi-annual
Gauge
-
40 CFR Part 423 Appendix A:
quarterly,
Priority Pollutant Metals - Ag, As, Be,
mg/L
semi-annual
Grab
SDO
Cd, Cr, Cu, H , Ni, Pb, Sb, Se, Tl, Zn
Boron
mg/L
quarterly,
semi-annual
Grab
SDO
pH
standard
quarterly,
semi-annual
Grab
SDO
Footnotes:
1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt quarterly or
monthly sampling) during a measurable storm event, until either another permit is issued for this facility
or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or
Three response actions under the previous permit, the facility shall continue a monthly monitoring and
reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the
Division.
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between
outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30
minutes, and shall continue until completed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) specified above
unless representative outfall status (ROS) has been granted. The permittee may petition the Director for
ROS using DEMLR's ROS Request Form. DEMLR may grant ROS if stormwater discharges from a single
outfall are representative of discharges from multiple outfalls. Approved ROS will reduce the number of
outfalls where the analytical sampling requirements apply and will be documented in a letter to the
permittee. A copy of the Division's letter granting ROS shall be kept on site.
4 For each sampled measurable storm event, the total precipitation must be recorded. An on -site rain gauge
is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading
may be substituted for an on -site reading.
Part II Page 8 of 15 Pages
Should the permittee identify or create any new stormwater outfalls; remove any
stormwater outfalls identified in this permit; or alter any drainage areas that change
the potential pollutants in runoff discharged through corresponding outfalls, the permittee
will submit a request to NC DEMLR to modify this permit. For any newly discovered pipes
or outfalls, the permittee must evaluate the structure and provide a report of the status and
planned actions to NC DENR within 14 days. The permittee must either (1) request
modification of this permit and modify the SPPP accordingly, or (2) eliminate potential
discharges by removal, plugging, or combination of both.
The permittee shall complete the analytical samplings in accordance with the schedule
specified in Table 4, unless adverse weather conditions prevent sample collection (see
Adverse Weather in Definitions). Similarly, sampling is not required outside of the facility's
normal operating hours. The analytical sampling requirements from this permit
modification (effective November 5, 2020) shall not go into effect until January 1,
2021. A minimum of 60 days must separate Period 1 and Period 2 sample dates,
unless monthly monitoring has been instituted under a "Tier Two" response. Inability to
sample because of adverse weather conditions must be documented in the SPPP and
recorded on the DMR. The permittee must report the results from each sample taken
within the monitoring period (see Parl III, SecCion E). However, for purposes of benchmark
comparison and Tiered response actions, the permittee shall use the analytical results from
the first sample with valid results within the monitoring period.
Table 4. Monitoring Schedule
Monitoring periodl 2
Sample Number
Start
End`
Year 1- Period 1
1
May 24, 2016
December 31, 2016
Year 1- Period 2
2
January 1, 2017
June 30, 2017
Year 2 - Period 1
3
July 1, 2017
December 31, 2017
Year 2 - Period 2
4
January 1, 2018
June 30, 2018
Year 3 - Period 1
5
July 1, 2018
December 31, 2018
Year 3 - Period 2
6
January 1, 2019
June 30, 2019
Year 4 - Period 1
7
July 1, 2019
December 31, 2019
Year 4 - Period 2
8
January 1, 2020
June 30, 2020
Year 5 - Period 1
9
July 1, 2020
December 31, 2020
Year 5 - Period 2
10
January 1, 2021
April 30, 2021
Footnotes:
1 Maintain monitoring until either another permit is issued for this facility or until this permit is
revoked or rescinded. The permittee must submit an application for renewal of coverage before the
submittal deadline (180 days before expiration) to be considered for renewed coverage under the
permit. The permittee must continue analytical monitoring throughout the permit renewal process,
even if a renewal permit is not issued until after expiration of this permit.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report
indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period.
Part II Page 9 of 15 Pages
Failure to monitor per permit terms may result in the Division requiring monthly
monitoring for all parameters for a specified time period. "No discharge" from an outfall
during a monitoring period does not constitute failure to monitor, as long as it is properly
recorded and reported.
Proposed NPDES Wastewater Permit NC0000396 requires the facility to conduct fish
tissue monitoring once during that permit term for arsenic (As), selenium (Se), and
mercury (Hg) in accordance with a Sampling Plan approved by the Division of Water
Resources. The permittee shall submit annually a summary of the results of the fish tissue
monitoring results to the DEMLR Stormwater Permitting Program (Central Office) and
indicate the location of sampling in relation to stormwater discharge outfalls. This
reporting timeframe differs from the NPDES Wastewater Permit, which directs that fish
tissue analysis results be submitted with the wastewater discharge permit renewal
application.
The permittee shall compare monitoring results to the benchmark values in Table 5.
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. See below the descriptions of Tier One, Tier Two, and
Tier Three response actions below. In the event that the Division releases the permittee from
continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's
release letter may remain in effect through subsequent reissuance of this permit, unless the
release letter provides for other conditions or duration.
Table 5. Benchmark Values for Analvtical Monitorine
Discharge Characteristics
Units
Benchmark
Antimony (Sb), Total Recoverable
mg/L
0.09
Arsenic (As), Total Recoverable
mg/L
0.34
Beryllium (Be), Total Recoverable
mg/L
0.065
Cadmium (Cd), Total Recoverable'
mg/L
0.003
Chromium (Cr), Total Recoverable'
mg/L
0.9
Copper (Cu), Total Recoverable'
mg/L
0.010
Lead (Pb), Total Recoverable'
mg/L
0.075
Mercury (Hg), Total Recoverable2
ng/L
N/A2
Nickel (Ni), Total Recoverable'
mg/L
0.335
Polychlorinated biphenyl compounds (PCBs)
µg/L
Detected
Selenium (Se), Total Recoverable
mg/L
0.056
Silver (Ag), Total Recoverable'
mg/L
0.0003
Zinc (Zn), Total Recoverable'
mg/L
0.126
Part II Page 10 of 15 Pages
Discharge Characteristics
Units
Benchmark
Total Suspended Solids (TSS)
mg/L
100
Non -Polar Oil & Grease by
EPA Method 1664 (SGT-HEM)
mg/L
15
pH3
standard
6 — 93
Boron (B)
mg/L
N/A (monitor only)
Thallium (Tl), Total Recoverable'
mg/L
N/A (monitor only)
Footnotes:
1 Hardness- dependent. Benchmark based on translation of dissolved value into total recoverable with
an assumed hardness of 25 mg/l and a total suspended solids (TSS) concentration of 10 mg/l.
2 Values above the North Carolina water quality standard for mercury (12 ng/1) should be noted on the
DMR but do not trigger Tier responses. Concentrations infield blanks or method blanks associated
with the sample may be subtracted from the results for that sample, as long as all documentation of the
adjustment is provided with the DMR.
3 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 or local rain
gauge (or local precipitation data) must be documented to demonstrate background concentrations
were below the benchmark pH range of 6- 9.
The benchmark values in Table 5 are not permit limits but should be used as guidelines for
implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value
is not a permit violation; however, failure to respond to the exceedance as outlined in this
permit is a violation of permit conditions.
.............___
Tier One
If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for
any parameter at any outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. Identify potential, and select the specific feasible: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, and/or to bring
concentrations within the benchmark range.
4. Implement the selected feasible actions within two months of the inspection.
5. Record each instance of a Tier One response in the SPPP. Include the date and value of the
benchmark exceedance, the inspection date, the personnel conducting the inspection, the selected
actions, and the date the selected actions were implemented.
6. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall
conduct monthly monitoring at every outfall where a sampling result exceeded the benchmark
value. Monthly (analytical and qualitative) monitoring shall continue until three consecutive
sample results are below the benchmark values or within benchmark range.
7. Note: Benchmark exceedances for a different parameter separately trigger a tiered response.
Part II Page 11 of 15 Pages
Tier Two
If: The first valid sampling results from two consecutive monitoring periods are above the benchmark
values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall;
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Continue monthly monitoring and reporting for all parameters. The permittee shall 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 benchmark range.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating "No Flow" to comply with reporting requirements.
4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances,
exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three.
The Regional Engineer may direct the response actions on the part of the permittee as provided in
Tier Three, including reduced or additional sampling parameters or frequency.
S. If pursuing the alternative above after two consecutive exceedances, the permittee may propose an
alternative monitoring plan for approval by the Regional Engineer.
6. Maintain a record of the Tier Two response in the SPPP.
7. Continue Tier Two response obligations throughout the permit renewal process.
Tier Three
If. The valid sampling results required for the permit monitoring periods exceed the benchmark
value, or are outside the benchmark range, for any specific parameter at any specific outfall on four
occasions, the permittee shall notify the DEMLR Regional Engineer in writing within 30 days of receipt of
the fourth analytcal results;
Then: The Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring and reporting frequency for
some or all of the parameters herein;
• require sampling of additional or substitute parameters;
• 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; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion;
• require the permittee to continue Tier Three obligations through the permit renewal process.
If a Total Maximum Daily Load (TMDL) is developed and approved for Lake Julian, or if this
body of water becomes impaired, the permittee may be required to monitor for the
pollutants) of concern in the future and submit results to the Division. The Division will
consider the monitoring results in determining whether additional BMPs are needed to
control the pollutants) of concern to the maximum extent practicable.
If additional BMPs are needed to achieve the required level of control, the permittee will be
required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a
timetable for incorporation of those BMPs into the Stormwater Pollution Prevention Plan.
Part II Page 12 of 15 Pages
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater
Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater
pollution. Qualitative monitoring of stormwater outfalls must be performed during a
measurable storm event.
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status. Qualitative monitoring shall be performed quarterly as
specified in Table 6, and during required analytical monitoring events (unless the permittee
is required to perform further qualitative monitoring per the Qualitative Monitoring
Response, below). Inability to monitor because of adverse weather conditions must be
documented in the SPPP and recorded on the Qualitative Monitoring Report form (see
Adverse Weather in Definitions). Only SDOs discharging stormwater associated with
industrial activity must be monitored (See Definitions).
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee
shall document the suspected cause of the condition and any actions taken in response to
the discovery. This documentation will be maintained with the SPPP.
Table 6. Qualitative Monitoring Requirements
Discharge Characteristics
Frequencyl
Monitoring
Location2
Color
quarterly
SDO
Odor
uarterly
SDO
Clarity
quarterly
SDO
Floating Solids
quarterl
SDO
Suspended Solids
quarterly
SDO
Foam
quarterly
SDO
Oil Sheen
quarterly
SDO
Erosion or deposition at the outfall
quarterly
SDO
Other obvious indicators
of stormwater pollution
quarterly
SDO
Footnotes:
1 Monitoring Frequency: Four times per year during a measurable storm event unless other provisions of
this permit prompt monthly monitoring. See Table 7 for schedule of monitoring periods through the end
of this permitting cycle. The permittee must continue qualitative monitoring throughout the permit
renewal process until a new permit is issued.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall
(SDO) regardless of representative outfall status.
Part II Page 13 of 1S Pages
Table 7. Monitoring Schedule
Monitoring period1,2
Sample Number
Start
End
Year 1- Period 1
1
May 24, 2016
September 30, 2016
Year 1- Period 2
2
October 1, 2016
December 31, 2016
Year 1- Period 3
3
January 1, 2017
March 31, 2017
Year 1- Period 4
4
April 1, 2017
June 30, 2017
Year 2 - Period 1
5
July 1, 2017
September 30, 2017
Year 2 - Period 2
6
October 1, 2017
December 31, 2017
Year 2 - Period 3
7
January 1, 2018
March 31, 2018
Year 2 - Period 4
8
April 1, 2018
June 30, 2018
Year 3 - Period 1
9
July 1, 2018
September 30, 2018
Year 3 - Period 2
10
October 1, 2018
December 31, 2018
Year 3 - Period 3
11
January 1, 2019
March 31, 2019
Year 3 - Period 4
12
April 1, 2019
June 30, 2019
Year 4 - Period 1
13
July 1, 2019
September 30, 2019
Year 4 - Period 2
14
October 1, 2019
December 31, 2019
Year 4 - Period 3
15
January 1, 2020
March 31, 2020
Year 4 - Period 4
16
April 1, 2020
June 30, 2020
Year 5 - Period 1
17
July 1, 2020
September 30, 2020
Year 5 - Period 2
18
October 1, 2020
December 31, 2020
Year 5 - Period 3
19
January 1, 2021
March 31, 2021
Year 5 - Period 4
20
April 1, 2021
April 30, 2021
Footnotes:
1 Maintain quarterly monitoring until either another permit is issued for this facility or until this
permit is revoked or rescinded. The permittee must continue qualitative monitoring throughout the
permit renewal process, even if a renewal permit is not issued until after expiration of this permit.
2 If no discharge occurs during the sampling period, the permittee must complete a monitoring report
indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period.
Failure to monitor quarterly per permit terms may result in the Division requiring
monthly monitoring for all parameters for a specified time period. "No discharge" from an
outfall during a monitoring period does not constitute failure to monitor, as long as it is
properly recorded.
If the permittee's qualitative monitoring indicates that existing stormwater BMPs are
ineffective, or that significant stormwater contamination is present, the permittee shall
investigate potential causes, evaluate the feasibility of corrective actions, and implement
those corrective actions within 30 days, per the Qualitative Monitoring Response, below.
A written record of the permittee's investigation, evaluation, and response actions shall be
kept in the Stormwater Pollution Prevention Plan.
Part II Page 14 of 15 Pages
Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential
sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee
repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if
the discharge causes or contributes to a water quality standard violation, the Division may but is not
limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for some
or all parameters (analytical or qualitative)
• 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; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion.
Part II Page 15 of 15 Pages