HomeMy WebLinkAboutNCS000155_HISTORICAL FILE_20200924STORMWATER DIVISION CODING SHEET
NCS PERMITS
PERMIT NO.
N C S 0001 S �
DOC TYPE
❑ FINAL PERMIT
❑ MONITORING REPORTS
❑ APPLICATION
❑ COMPLIANCE
OTHER - HlSTbF-16At- INCD
DOC DATE
❑ 20 2D 04 24
YYYYMMDD
Pickle, Ken
From: Pickle, Ken
Sent: Wednesday, June 22, 2016 11:05 AM
To: 'Kimberly Killian'
Subject: RE: NCS000155
Hi Kimberly,
Our database still shows that my supervisor is holding the incoming application until staff are available to work on it.
I note that we received the application on 5/14/2013. We have a fairly substantial backlog on permit renewals at the
moment, and your circumstance is not unsual or specific to GKN.
Unfortunately I cannot provide a reliable estimate for when we can deliver the renewed permit coverage. I may have
relayed to you before that under these specific circumstances federal rules protect GKN from the risk of 'discharging
without a permit' until we can deliver renewed coverage and as long as you abide by the conditions of your current
(expired) permit.
Ken
Ken Pickle
Stormwater Program Specialist
DEMLR Stormwater Permitting Program
Department of Environmental Quality
919 807 6376 office
ken. pickle( ncdenr.gov
1612 Mail Service Center, Raleigh, NC 27699-1612
512 N. Salisbury St, Raleigh, NC 27604
t' --` Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Kimberly Killian [mailto:Kimberly.Killian@gkndriveline.com]
Sent: Wednesday, April 06, 2016 3:56 PM
To: Pickle, Ken <ken.pickle@ncdenr.gov>
Cc: Kimberly Killian <Kimberly.Killian@gkndriveline.com>
Subject: NCS000155
Greetings Ken,
I am again following up on my permit renewal (originally submitted in May 2013). We have continued
monitoring and submitting semi-annual reports in accordance with the permit that expired in September
2013. Please confirm the status of the permit renewal as it has been nearly 24 months since submitted.
Thank you in advance and best regards,
Kim
Thank you for your continued support of the environmental, health and safety program at GKN Driveline Sanford Precision Forming.
.Regards,
Kimberly A. Killian, CSHO, MESH
EHS Specialist - SFD
GKN Driveline North America, Inc. — USA- CVJ
kimberly.killianrmlgkndriveline.com
office: 919-708-4574
cell: 919-353-2139
4901 Womack Rd
Sanford, NC 27330
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AZ®
CER
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Kimberly Killian
GKN Driveline
4901 Womack Rd
Sanford, NC 27330
SUBJECT: Delinquent Annual Fees
Permit Number NCS000155
GKN Automotive Incorporated
Lee County
Dear Ms. Killian:
Division of Water Quality
Coleen H. Sullins
Director
August 16, 2010
Dee Freeman
Secretary
;D1r (a 7 ii P j 1
L� _ 9
0EPJ-11 EI�N RFC
All NPDES permittees must pay an Annual Compliance Monitoring Fee. This requirement is documented in
your current permit in Part V (*or, in the case of Mining Activities, Part VI). As of the date of this letter, fees
for your facility have not been paid. The total amount presently owed is $860.00. Please return your
payment to the address listed below by September 16, 2010.
In addition, please be advised that failure to pay the annual fee is grounds for revocation of your permit, as
documented at 15A NCAC 2H.0105 (b)(4). This letter serves as notice that the Division will refer uncollected
fees to the North Carolina Attorney General's Office for collection through the courts unless payment in the
amount of $860.00 is received by September 16, 2010. Further enforcement action t including the
revocation of the permit, imposition of civil penalties, and notification of the county health departmentj may
also occur if the fees remain unpaid.
Make checks payable to NC DENR, include the permit number on the check, and send the fee payment to:
Fran McPherson .
Annual Administering & Compliance Fee Coordinator
1617 Mail Service Center
Raleigh, NC 27699-1617
If you have questions regarding this matter, contact me at (919) 807-6377 or Niki Maher at (919) 807-6367.
Sincerely,
John Hennessy
Nonpoint Source Assistance & Compliance
Oversight Unit Supervisor
cc: DWQ Central Files
DWQ Raleigh Regional Office- Surface Water Protection Section
DWO NPSACOU file
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 �TOne L, 1
512 North Salisbury Street, Raleigh, North Carolina 27604 1 V 0rthCarofin`l
Phone: 919 807-6300 / FAX 919 807-6495/www.ncwaterquality.org Na 1uo! J Nall _ -
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper l
A ® D
4DENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secrefary
November U2, 2009
Mrs. Kim Killian
GKN Driveline
4901 Womack Road
Sanford, NC 27330
SUBJECT: Compliance Evaluation Inspection
GKN Driveline
NPDES Permit No: NCS000155
Lee County
Dear Mrs. Killian:
On September 25, 2009, I, Vicki Webb, of the Raleigh Regional Office conducted a compliance
evaluation inspection of the subject facility. You represented the facility during the inspection. All of
your help was appreciated as it eased the inspection process.
The following observations were made:
1. The GKN Driveline is permitted to discharge stormwater into the receiving waters designated as
Little Buffalo Creek, classified C waters in the Cape Fear River Basin. The facility's permit will
expire September 30, 2013.
2. All components of the Stormwater Pollution Prevention Plan (SP3) were present including:
detailed site map with labeled storm outfall, a list of potential contaminants, a spill and response
plan, a narrative describing BMPs, and a contact list of whom to contact in an emergency. -
3. Qualitative and quantitative inspection records were available for review and appeared complete.
4. Analytical monitoring was last performed February 2009.
5. The facility contains three stormwater outfalls. All three of the facility's stormwater outfalls
were observed during the inspection.
6. This facility should be commended for having an excellent Stormwater program. It has been a
pleasure to work with Mrs. Killian.
The overall condition of GKN Driveline is compliant with Division standards. If you have any
questions regarding the attached report or any of the findings, please contact Vicki Webb at: (919) 791-
4200 (or email: vicki.webbna ncderingov).
Sincerely.
Vicki Webb
Environmental Specialist
Cc: RRO files
One
Central Files
NprthCarolina
Jlawwlly
North Carolina Division of Water Quality Raleigh Regional office Surface Water Protection Phone (919) 791-4200
Internet: w .ncv,aterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628
Customer Service
FAX (919) 788-7159
877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50 % Recycled/1 G% Post Consumer Paper
�J
E
Compliance Inspection Report
Permit: NCS000155 Effective: 09/08/08 Expiration: 09/30/13 Owner: Gkn Driveline
SOC: Effective: Expiration: Facility: GKN Automotive Incorporated
County: Lee 4901 Womack Rd
Region: Raleigh
Sanford NC 27330
Contact Person: Dib Paul Title: Phone: 919-708-6243
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 09/25/2009 Entry Time: 11:00 AM Exit Time: 12:05 PM
Primary Inspector: Vicki Webb phone:
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: Stormwater Discharge, Individual
Facility Status: ■ Compliant ❑ Not Compliant
Question Areas:
E Storm Water
(See attachment summary)
Inspection Type: Compliance Evaluation
Page:1
Permit: NCS000155 Owner -Facility: Gkn Driveline
Inspection Date: 09/25/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Page:2
Permit: NCS000155 Owner -Facility: Gkn Driveline
Inspection Date: 09/25/2009 Inspection Type: Compliance Evaluation
Reason for Visit: Routine
Stormwater Pollution Prevention Plan
Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan?
■ ❑ ❑ ❑
# Does the Plan include a General Location (USGS) map?
®❑ ❑ ❑
#Does the Plan include a "Narrative Description of Practices"?
®❑ ❑ ❑
# Does the Plan include a detailed site map including outfall locations and drainage areas?
■ ❑ Cl ❑
At Does the Plan include a list of significant spills occurring during the past 3 years?
■ ❑ ❑ ❑
# Has the facility evaluated feasible alternatives to current practices?
■ ❑ ❑ ❑
# Does the facility provide all necessary secondary containment?
■ ❑ ❑ ❑
# Does the Plan include a BMP summary?
■ ❑ ❑ ❑
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
®❑ ❑ ❑
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
® ❑ ❑ ❑
At Does the facility provide and document Employee Training?
■ ❑ ❑ ❑
At Does the Plan include a list of Responsible Party(s)?
®❑ ❑ Cl
# Is the Plan reviewed and updated annually?
■ ❑ ❑ ❑
# Does the Plan include a Stormwater Facility Inspection Program?
■ ❑ ❑ ❑
Has the Stormwater Pollution Prevention Plan been implemented?
■ ❑ ❑ ❑
Comment:
Qualitative Monitoring
Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually?
■ ❑ ❑ ❑
Comment:
Analytical Monitoring
Yes No NA NE
Has the facility conducted its Analytical monitoring?
■ ❑ ❑ ❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas?
❑ ❑ ■ ❑
Comment:
Permit and Outfalls
Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site?
■ ❑ 110
# Were all outfalls observed during the inspection?
■ ❑ ❑ ❑
# If the facility has representative outfall status, is it properly documented by the Division?
❑ ❑ ■ ❑
# Has the facility evaluated all illicit (non stormwater) discharges?
■ ❑ ❑ ❑
Comment: 3 outfalls
Page: 3
\O�0F W A
TF9oG
r
Mr. Dib Paul, or successor
GKN Driveline
4901 Womack Road
Sanford, North Carolina 27330
Dear Mr. Paul:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
September 8, 2008
Subject: Final NPDES Stormwater Permit
Permit No. NCS000155
GIGN Driveline
Lee County
In response to your renewal application for continued coverage under NPDES stormwater permit
NCS000155, the Division of Water Quality (Division) is forwarding herewith the subject state - NPDES
permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and
the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection agency
dated October 15, 2007 (or as subsequently amended).
This final permit includes no major changes from the draft permit sent to you on July 17, 2008.
The qualitative monitoring strategy remains the same (semi-annual) as the previous term of the permit.
Please note that analytical monitoring is also required in this permit. Failure to complete the monitoring as
required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water
Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering " and Item 10
"Penalties for Falsification of Reports" of your permit for further information.
If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to
you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following
receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer
27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and
binding.
Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed in
case of change in ownership or control of this discharge. This permit does not affect the legal requirements
to obtain other permits which may be required by the Division of Water Quality or permits required by
the Division of Land Resources, Coastal Area Management Act or any other Federal or Local
governmental permit that may be required.
NanhCarolina
IVnkrrnllil
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 807-6494 1-877-623-6748
An Equal OpportunitylAffrmative Action Employer— 50% Recycledl10% Post Consumer Paper
Mr. Dib Paul
GKN Driveline
Permit No. NCS000155
If you have any questions or comments concerning this permit, contact Robert Patterson at (919) 807-6375 or
robert.patterson@nciiiail.net.
Sincerely,
ORIGINSLS10"1�DBY ORIOINALSIGNEOEY
KEN PIC KEN PICKLE
for Coleen H. Sullins, Director
cc: Raleigh Regional Office, Water Quality Section
Mike Mitchell, EPA Region IV
Stormwater Permitting Unit
Central Files
Attachments
NCS000155
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
GKN Driveline
is hereby authorized to discharge stormwater from a facility located at
GKN Driveline
4901 Womack Rd.
Sanford, NC
Lee County
to receiving waters designated as Little Buffalo Creek, a class C stream in the Cape Fear River
Basin, in accordance with the discharge limitations, monitoring requirements, and other
conditions set forth in Parts I, II,1II, IV, V and VI hereof.
This permit shall become effective October 1, 2008.
This permit and the authorization to discharge shall expire at midnight on September 30, 2013.
Signed this 81h day of September, 2008.
ORIGINAL SIGNED BY
KEN PICKLE
for Coleen H. SullinsDirector
Division of Water Quality
By the Authority of the Environmental Management Commission
0
Permit No. NCS000155
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: Qualitative Monitoring Requirements
Section D: On -Site Vehicle Maintenance Monitoring Requirements
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL
PERMITS
Section A: Compliance and Liability
1. Compliance Schedule
2. Duty to Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
5. Oil and Hazardous Substance Liability
6. Property Rights
7. Severability
8. Duty to Provide Information
9. Penalties for Tampering
10. Penalties for Falsification of Reports
Section B: General Conditions
1. Individual Permit Expiration
2. Transfers
i
Permit No. NCS000155
3. Signatory Requirements
4. Individual Permit Modification, Revocation and Reissuance, or
Termination
5. Permit Actions
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
I.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Bypass
8.
Twenty-four Hour Reporting
9.
Other Noncompliance
10.
Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
ii
Permit No. NCS000155
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge stormwater associated with industrial activity. Such
discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40
CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater
discharge permit requirements. Any owner or operator wishing to obtain a No Exposure
Certification must submit a No Exposure Certification NOI form to the Division; must receive
approval by the Division; must maintain no exposure conditions unless authorized to discharge
under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once
every five (5) years.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system that has been
adequately treated and managed in accordance with the terms and conditions of this individual
permit. All stormwater discharges shall be in accordance with the conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or approval.
The stormwater discharges allowed by this individual permit shall not cause or contribute to
violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Part I Page I of 2
SECTION C: LOCATION MAP Permit No. NCS000155
Latitude: :79'10'3 N NCS000155 Facility
Longitude:79�10'35"W
County: Lee GKN Driveline Location
Stream Class: C
Receiving Stream: Little Buffalo Creek
Sub -basin: 03-06-02 (Cape Fear River Basin) Cffowli Map Not to Scale
Part I Page 2 of 2
Permit No. NCS000155
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as
the Plan. This Plan shall be considered public information in accordance with Part III, Standard
Conditions, Section E, Paragraph 3 of this general permit. The Plan shall include, at a minimum,
the following items:
Site Plan. The site plan shall provide a description of the physical facility and the
potential pollutant sources which may be expected to contribute to contamination of
stormwater discharges. The site plan shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted
equivalent map), showing the facility's location in relation to transportation
routes and surface waters, the name of the receiving water(s) to which the
stormwater outfall(s) discharges, or if the discharge is to a municipal separate
storm sewer system, the name of the municipality and the ultimate receiving
waters, and accurate latitude and longitude of the point(s) of discharge. The
general location map (or alternatively the site map) shall identify whether each
receiving water is impaired (on the state's 303(d) list of impaired waters) or is
located in a watershed for which a TMDL has been established, and what the
parameter(s) of concern are.
North Carolina's 303(d) List can be found here:
http: //h2 o.en r.s to te. n c.us/tmd I/Gen eral_303d.htm#Down loads
North Carolina TMDL documents can be found here:
httn://h2o.enr.state.nc.us/tmdl/TMDL list.htm#Final TMDLs.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants which
could be expected to be present in the stormwater discharge from each outfall.
(c) A site map drawn to scale (including a distance legend) showing: the site property
boundary, the stormwater discharge outfalls, all on -site and adjacent surface
waters and wetlands, industrial activity areas (including storage of materials,
disposal areas, process areas, loading and unloading areas, and haul roads), site
topography, all drainage features and structures, drainage areas for each outfall,
direction of flow in each drainage area, industrial activities occurring in each
drainage area, buildings, existing BMPs, and impervious surfaces. The site map
must indicate the percentage of each drainage area that is impervious.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the three (3) previous years and any corrective actions taken to mitigate
spill impacts.
Part 11 Pale I of 10
Permit No. NCS000155
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in
accordance with the requirements found in Part III, Standard Conditions, Section
B, Paragraph 5. The permittee shall re -certify annually that the stormwater
outfalls have been evaluated for the presence of non-stormwater discharges.
2. Stormwater Management Plan. The stormwater management plan shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stormwater, including structural and
nonstructural measures. The stormwater management plan, at a minimum, shall
incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to stormwater. Wherever practical, the permittee shall
prevent exposure of all storage areas, material handling operations, and
manufacturing or fueling operations. In areas where elimination of exposure is
not practical, the stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section
313 of Title III of the Superfund Amendments and Reauthorization Act (SARA)
water priority chemicals; and storage in any amount of hazardous substances, in
order to prevent leaks and spills from contaminating stormwater runoff. A table
or summary of all such tanks and stored materials and their associated secondary
containment areas shall be maintained. If the secondary containment devices are
connected directly to stormwater conveyance systems, the connection shall be
controlled by manually activated valves or other similar devices (which shall be
secured closed with a locking mechanism), and any stormwater that accumulates
in the containment area shall be at a minimum visually observed for color, foam,
outfall staining, visible sheens and dry weather flow, prior to release of the
accumulated stormwater. Accumulated stormwater shall be released if found to
be uncontaminated by the material stored within the containment area. Records
documenting the individual making the observation, the description of the
accumulated stormwater, and the date and time of the release shall be kept for a
period of five years.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMP) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
Part 11 Page 2 of 10
Permit No. NCS000155
3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel (or the team) responsible for implementing the
SPRP shall be identified in a written list incorporated into the SPRP and signed and dated
by each individual acknowledging their responsibilities for the plan. A responsible
person shall be on -site at all times during facility operations that have the potential to
contaminate stormwater runoff through spills or exposure of materials associated with the
facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill
Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP,
but may not be sufficient to completely address the stormwater aspects of the SPRP. The
common elements of the SPCC with the SPRP may be incorporated by reference into the
SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance and good housekeeping program shall be developed. The program shall list
all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent
surface waters and wetlands, industrial activity areas (including material storage areas,
material handling areas, disposal areas, process areas, loading and unloading areas, and
haul roads), all drainage features and structures, and existing structural BMPs. The
program shall establish schedules of inspections, maintenance, and housekeeping
activities of stormwater control systems, as well as facility equipment, facility areas, and
facility systems that present a potential for stormwater exposure or stormwater pollution.
Inspection of material handling areas and regular cleaning schedules of these areas shall
be incorporated into the program. Timely compliance with the established schedules for
inspections, maintenance, and housekeeping shall be recorded in writing and maintained
in the SPPP.
5. 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. Facility personnel (or team)
responsible for implementing the training shall be identified, and their annual training
shall be documented by the signature of each employee trained.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position assignments provided.
7. Plan Amendment. The pen-nittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. All aspects of the Stormwater
Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual
update shall include an updated list of significant spills or leaks of pollutants for the
previous three years, or the notation that no spills have occurred. The annual update shall
include re -certification that the stormwater outfalls have been evaluated for the presence
of non-stonrmwater discharges. Each annual update shall include a re-evaluation of the
PartIl Page 3 of 10
Permit No. NCS000155
effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management
Plan.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes
have been made.
Facility Inspections. Inspections of the facility and all stormwater systems shall occur as
part of the Preventative Maintenance and Good Housekeeping Program at a minimum on
a semi-annual schedule, once during the first half of the year (January to June), and once
during the second half (July to December), with at least 60 days separating inspection
dates (unless performed more frequently than semi-annually). These facility inspections
are different from, and in addition to, the stormwater discharge characteristic monitoring
required in Part II B and C of this permit.
Implementation. The permittee shall implement the Plan. Implementation of the Plan
shall include documentation of all monitoring, measurements, inspections, maintenance
activities, and training provided to employees, including the log of the sampling data and
of actions taken to implement BMPs associated with the industrial activities, including
vehicle maintenance activities. Such documentation shall be kept on -site for a period of
five years and made available to the Director or the Director's authorized representative
immediately upon request.
Part II Page 4 of 10
Permit No. NCS000155
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All
analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in a minimum of ten analytical samplings being conducted over the term of
the permit at each stormwater discharge outfall (SDO).
A representative storm event is a storm event that measures greater than 0.1 inches of rainfall
and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1
inches has occurred. A single storm event may contain up to 10 consecutive hours of no
precipitation. For example, if it rains for 2 hours without producing any collectable discharge,
and then stops, a sample may be collected if a rain producing a discharge begins again within the
next 10 hours.
Table 1. Analytical Monitoring Requirements
Discharge
Characteristics
Units
Measurement Frequency[
Sample
Type2
Sample
Location3
Total Suspended Solids
mg/L
semi-annual
Grab
SDO
H
standard
semi-annual
Grab
SDO
Total Rainfall
inches
semi-annual
Rain Gauge
Footnotes:
I Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting
cycle.
2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative
outfall status has been granted.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or
local rain gauge reading must be recorded.
The permittee shall complete the minimum ten analytical samplings in accordance with the
schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and
Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two
response.
Part 11 Page 5 of 10
Permit No. NCS000155
Table 2. Monitoring Schedule
Monitoring period""
Sample Number
Start-
End
Year 1 — Period 1
1
October 1, 2008
March 31, 2009
Year 1 — Period 2
2
April 1, 2009
September 30, 2009
Year 2 — Period 1
3
October 1, 2009
March 31, 2010
Year 2 — Period 2
4
April 1, 2010
September 30, 2010
Year 3 — Period 1
5
October 1, 2010
March 31, 2011
Year 3 — Period 2
6
April 1, 2011
September A 2011
Year 4 — Period 1
7
October 1, 2011
March 31, 2012
Year 4 — Period 2
8
April 1, 2012
September 30, 2012
Year 5 — Period 1
9
October 1, 2012
March 31, 2013
Year 5 — Period 2
10
April 1, 2013
September 30, 2013
Footnotes:
1 Maintain semi-annual monitoring during permit renewal process. The applicant must continue semi-annual
monitoring until the renewed permit is issued.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No
Flow" within 30 days of the end of the six-month sampling period.
Monitoring results shall be compared to the benchmark values in Table 3. The benchmark values in
Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater
Pollution Prevention Plan (SPPP). 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 and Tier Two.
Table 3. Benchmark Values for Analytical Monitoring
Discharge Characteristics
Units
Benchmark
Total Suspended Solids
mg/L
100
PH
standard
6-9
Part 11 Page 6 of 10
Permit No. NCS000155
Tier One
If: The sampling results are above a benchmark value, or outside of the benchmark range, for any
Darameter 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 exceedance.
3. Identify potential, and select the specific: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, or to bring
concentrations to within the benchmark range.
4. Implement the selected actions within two months of the inspection.
5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan.
Include the date and value of the benchmark exceedance, 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
of the benchmark range, for any specific parameter at a specific discharge outfall two times in a
row (consecuti
Then: The permittee shall:
I. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring for all parameters at every outfall where a
sampling result exceeded the benchmark value for two consecutive samples. Monthly
(analytical and qualitative) monitoring shall continue until three consecutive sample results
are below the benchmark values, or within the benchmark range, for all parameters at that
outfall.
3. If no discharge occurs during the sampling period, the permittee is required to submit a
monthly monitoring report indicating "No Flow."
4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan.
Part 11 Page 7 of 10
Permit No. NCS000155
DWQ shall be notified in writing if any benchmark value is exceeded or are outside the benchmark
range, for any specific parameter at any specific outfall on more than four occasions. During the
term of this permit, if the sampling results exceed the benchmark value, or are outside the
benchmark range, for any specific parameter at any specific outfall on more than four occasions,
DWQ may:
• Require that the permittee increase or decrease the monitoring frequency for the
remainder of the permit;
• Require the permittee to install structural stormwater controls;
• Require the permittee to implement other stormwater control measures; or
• Require that the permittee implement site modifications to qualify for the No Exposure
Exclusion.
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status and shall be performed as specified in Table 4, and during the
analytical monitoring event. Qualitative monitoring is for the purpose of evaluating the
effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of
stormwater pollution.
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall
document the suspected cause of the condition and any actions taken in response to the
discovery. This documentation will be maintained with the SPPP.
Table 4. Qualitative Monitoring Requirements
Discharge Characteristics
Frequencyl
Monitoring
Location2
Color
semi-annual
SDO
Odor
semi-annual
SDO
Clarity
semi-annual
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semi-annual
SDO
Oil Sheen
semi-annual
SDO
Erosion or deposition at the
outfall
semi-annual
SDO
Other obvious indicators
of stormwater pollution
semi-annual
SDO
Part I I Page 8 of 10
Permit No. NCS000155
Footnotes:
I Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting
cycle.
Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO)
regardless of representative outfall status.
SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55
gallons of new motor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified below in Table 5. This monitoring shall be performed at all
stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance
areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical
monitoring shall be performed during a representative storm event.
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
Units
Measurement
Fre uenc I
Sample
Type2
Sample
Location3
H
standard
semi-annual
Grab
SDO
Oil and Grease
m /I
semi-annual
Grab
SDO
Total Suspended Solids
m /l
semi-annual
Grab
SDO
Total Rainfall4
inches
semi-annual
Rain gauge
New Motor Oil Usage
gallons/month
semi-annual
Estimate
Footnotes:
I Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting
cycle.
2 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge from the pond.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain
gauge reading must be recorded.
Part 11 Page 9 of 10
Permit No. NCS000155
Monitoring results shall be compared to the benchmark values in Table 6. The benchmark
values in Table 6 are not permit limits but should be used as guidelines for the permittee's
Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the
permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs), as provided in Part II Section B.
Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring
. Discharge Characteristics-
Units
Benchmark
PH
standard
6-9
Oil and Grease
mg/L
30
Total Suspended Solids
mg/L
100
Part 11 Page 10 of 10
Permit No. NCS000155
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater
Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the
initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11,
Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of
the initial permit issuance. .
New Facilities applying for coverage for the first time and existing facilities previously permitted and
applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and
implemented prior to the beginning of discharges from the operation of the industrial activity and be
updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph
2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the
industrial activity.
2. Duty to Comoly
The permittee must comply with all conditions of this individual permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit upon renewal application.
a. The permittee shall comply with standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants within the time provided in the regulations that establish these
standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any
permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment for not more than I year, or both. Any person who knowingly violates permit
conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or
imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum
amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR
122.41(a).]
Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per
violation may be assessed against any person who violates or fails to act in accordance with the
terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-
215.6A]
d. Any person may be assessed an administrative penalty by the Director for violating section 301,
302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any
of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class
I violations are not to exceed $1 1,000 per violation, with the maximum amount of any Class 1
penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed $1 1,000
Part III Page l of 9
Permit No. NCS000155
per day for each day during which the violation continues, with the maximum amount of any Class
It penalty not to exceed $137,500.
Duty to Miti,,ate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
individual permit which has a reasonable likelihood of adversely affecting human health or the environment.
4. Civil and Criminal Liability
Except as provided in Part 111, Section C of this permit regarding bypassing of stormwater control facilities,
nothing in this individual permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143-
215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
Oil and Hazardous Substance Liabilitv
Nothing in this individual 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 individual permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of Federal, State or local laws or regulations.
7. Severability
The provisions of this individual permit are severable, and if any provision of this individual permit, or the
application of any provision of this individual permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this individual permit, shall not be affected
thereby.
8. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the Director
may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the
permit issued pursuant to this individual permit or to determine compliance with this individual permit. The
permittee shall also furnish to the Director upon request, copies of records required to be kept by this
individual permit.
9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate,
any monitoring device or method required to be maintained under this individual permit shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more
than two years per violation, or by both. If a conviction of a person is for a violation committed after a first
conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of
violation, or by imprisonment of not more than 4 years, or both.
Part I II Page 2 of 8
Permit No. NCS000155
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this individual
permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be
punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years
per violation, or by both.
SECTION B: GENERAL CONDITIONS
Individual Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are
required by the agency authorized to issue permits no later than I80 days prior to the expiration date. Any
permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be
subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. _
2. Transfers
This permit is not transferable to any person except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is
required to notify the Division in writing in the event the permitted facility is sold or closed.
3. Sip natory Requirements
All applications, reports, or information submitted to the Director shall be signed and certified.
a. All applications to be covered under this individual permit shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the
manager of one or more manufacturing production or operating facilities employing more
than 250 persons or having gross annual sales or expenditures exceeding 25 million (in
second quarter 1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive
officer or ranking elected official.
b. All reports required by the individual permit and other information requested by the Director shall
be signed by a person described above or by a duly authorized representative of that person. A
person is a duly authorized representative only if.
(1) The authorization is made in writing by a person described above;
Part III Page 3 of 8
Permit No. NCS000155
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for environmental
matters for the company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Director.
Any person signing a document under paragraphs a. or b. of this section shall make the following
certification:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. 1 am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
4. Individual Permit Modification, Revocation and Reissuance, or Termination
The issuance of this individual permit does not prohibit the Director from reopening and modifying the
individual permit, revoking and reissuing the individual permit, or terminating the individual permit as
allowed by the laws, rules, and regulations contained in Tide 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.
Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned
changes or anticipated noncompliance does not stay any individual permit condition.
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 individual 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 individual permit.
2. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this individual permit.
3. Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless:
Part I I I Page 4 of 8
Permit No. NCS000155
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
C. The permittee submitted notices as required under, Part 111, Section E of this permit.
If the Director determines that it will meet the three conditions listed above, the Director may approve an
anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
Representative Samnline
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a representative storm
event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be
taken before the discharge joins or is diluted by any other waste stream, body of water, or substance.
Monitoring points as specified in this permit shall not be changed without notification to and approval of
the Director.
2. Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the
requirements of this individual permit, the permittee shall record the following information:
a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
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.
PartIll Page 5 of 8
Permit No. NCS000155
To meet the intent of the monitoring required by this individual permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the minimum
detection or lower reporting level of the procedure.
Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that are
required to be sampled, the permittee may petition the Director for representative outfall status. If it is
established that the stormwater discharges are substantially identical and the permittee is granted
representative outfall status, then sampling requirements may be performed at a reduced number of outfalls.
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the Stormwater
Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The
permittee shall retain records of all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all
reports required by this individual permit for a period of at least 5 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time.
7. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized contractor
acting as a representative of the Director), or in the case of a facility which discharges through a municipal
separate storm sewer system, an authorized representative of a municipal operator or the separate storm
sewer system receiving the discharge, upon the presentation of credentials and other documents as may be
required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this individual permit; _
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of
this individual permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under this individual permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.
SECTION E: REPORTING REQUIREMENTS
1. Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division
no later than 30 days from the date the facility receives the sampling results from the laboratory.
When no discharge has occurred from the facility during the report period, the permittee is required to
submit a discharge monitoring report within 30 days of the end of the six-month sampling period, giving all
required information and indicating `NO FLOW" as per NCAC T15A 02B .0506.
PartIII Page 6 of 8
Permit No. NCS000155
2. Submitting Reports
Duplicate signed copies of all reports required herein, shall be submitted to the following address:
Division of Water Quality
Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal
Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection
at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be
considered confidential. Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act.
4. Non-Stormwater Dischari4es
If the storm event monitored in accordance with this individual permit coincides with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under the non-stormwater
discharge permit and provide this information with the stormwater discharge monitoring report.
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which could significantly alter the nature or quantity of pollutants discharged. This notification
requirement includes pollutants which are not specifically listed in the individual permit or subject to
notification requirements under 40 CFR Part 122.42 (a).
6. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which may result in noncompliance with the individual permit requirements.
7. amass
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass.
8. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any noncompliance which
may endanger health or the environment. Any information shall be provided orally within 24 hours from
the time the permiace became aware of the circumstances. A written submission shall also be provided
within 5 days of the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the period of
noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the
Part III Page 7 of 8
Permit No. NCS000155
anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has been received
within 24 hours. -
9. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitorin= reports are submitted.
10. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in an application for an
individual permit or in any report to the Director, it shall promptly submit such facts or information.
Part III Pale 8 of 8
NCS000155
PART IV LIMITATIONS REOPENER
This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable
effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and
307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual
permit; or
b. Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the
Act then applicable.
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by
the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this
Division to initiate action to revoke the Individual Permit.
PART VI DEFINITIONS
Act
See Clean Water Act.
2. Arithmetic Mean
The arithmetic mean of any set of values is the summation of the individual values divided by the number of
individual values.
Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the
stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
flushings, water from footing drains, flows from riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training.
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.
Parts IV, V and VI Page I of
Permit No. NCS000155
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. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
8. Division or DWQ
The Division of Water Quality, Department of Environment and Natural Resources.
9. Director
The Director of the Division of Water Quality, the permit issuing authority.
10. EMC
The North Carolina Environmental Management Commission.
11. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively
monitored must be taken within the first 30 minutes of discharge.
12. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
13. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land
treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or
a surface storage facility.
14. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a city or town.
15. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter 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,
Part V I Page 2 of 5 Pages
Permit No. NCS000155
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).
16. Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding
topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations.
17. Permtttee
The owner.or operator issued a permit pursuant to this individual permit.
18. 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.
19. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no
storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive
hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours.
20. 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.
21. Rinse Water Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse
waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters
utilizing any type of detergent or cleaning agent.
22. 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.
23. Section 313 Water Prioritv Chemical
A chemical or chemical category which:
Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting
requirements; and
C. That meet at least one of the following criteria:
Part VI Page 3 of 5 Pages
Permit No. NCS000155
(1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority
pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic
pollutants and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the CWA at 40
CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
24. Severe Property Damaee
Means substantial physical damage to property, damage to the control facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused
by delays in production.
25. 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 10 ] (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.
26. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of
CERCLA (Ref: 40 CFR 302.4).
27. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a
result of snowmelt.
28. 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.
29. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and
is based on an evaluation of the pollution potential of the site.
30. Ten Year Design Storm
The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten
years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control
Planning and Design Manual.
Part VI Page 4 of 5 Pages
Permit No. NCS000155
31. Total Flow
The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be
either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the
amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the
measurement of flow at 20 minute intervals during the rainfall event.
32. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet
water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed
water quality assessment that provides the scientific foundation for an implementation plan. The
implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to
restore and maintain water quality standards in all seasons. The Clean Water Act, section 303, establishes
the water quality standards and TMDL programs.
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
34. Upset
Means an exceptional incident in which there is unintentional and temporary noncompliance with
technology based permit effluent limitations because of factors beyond the reasonable control of the
permittee. An upset does not include noncompliance to the extent caused by operational error, improperly
designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive
maintenance, or careless or improper operation.
35. Vehicle Maintenance Activitv
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations.
36. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
37. 25-year. 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25
years.
Part VI Page 5 of Pages
Michael F. Easley, Governor
William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources
� -j
DATE: July 17, 2008
TO: Sanford Herald
NUMBER: 919-774-4269
FROM: SARAH YOUNG, DIVISION OF WATER QUALITY, 919.807.6303
SUBJECT: PUBLIC NOTICE
PAGES: 1
Coleen H. Sullins, Director
Division of Water Quality
Please publish only the information (Public Notice) below, ONE TIME in the legal section of your
paper by Tuesday, July 22, 2008. Please fax a copy of the proof to me at 919-807-6494 for final
approval prior to publication. Within 10 days after publish date, please send the invoice and two
copies of the original affidavit to:
Sarah Young
NCDENRIDWQ Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
PUBLIC NOTICE
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
GKN Driveline, 4901 Womack Road, Sanford, NC 27330 has applied for an NPDES Stormwater Permit to
discharge stormwater associated with industrial activities at a facility located at GKN Driveline, 4901
Womack Road, Sanford, NC, Lee County. The facility discharges to waters designated as Little Buffalo
Creek, within the Cape Fear River Basin.
Copies of the draft permit, No. NCS000155, are available by contacting:
Robert Patterson
NC Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Telephone Number: (919)-807-6375
robert.patterson@ncmail.net
Persons wishing to comment upon or object to the proposed determination are invited to submit their
comments in writing to the above address no later than August 22, 2008. All comments received prior to
that date will be considered in the final determination regarding permit issuance. All comments and
requests should reference draft permit number NCS000155.
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 807-6300
4S.c.W
u�r
NCDENR
Customer Service
1 800 623-7748
Re: NCS000155
Subject: Re: NCS000155
From: classified <classified@sanfordherald.com>
Date: Mon, 21 Jul 2008 09:49:16 -0400
To: Sarah Young <sarah.young@ncmail.net>
Hi Sarah,
Here's a proof of the ad. It will cost $96.13 for the 22nd.
PUBLIC NOTICE
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
GKN Driveline, 4901 Womack Road, Sanford, NO 27330 has applied for an NPDES
Stormwater Permit to discharge stormwater associated with industrial
activities at a facility located at GKN Driveline, 4901 Womack Road,
Sanford, NC, Lee County. The facility discharges to waters designated as
Little Buffalo Creek, within the Cape Fear River
Basin.
Copies of the draft permit, No. NCS000155, are available by contacting:
Robert Patterson
NC Division of Water Quality
1617 Mail Service Center
Raleigh, NO 27699-1617
Telephone Number: (919)-807-6375
robert.patterson@ncmail.net
Persons wishing to comment upon or object to the proposed determination are
invited to submit their comments in writing to the above address no later
than August 22, 2008. All comments received prior to that date will be
considered in the final determination regarding permit issuance. Ali
comments and requests should reference draft permit number NCS000155.
Thanks!
Kelley Desjarlais
Classified Advertising Manager
The Sanford Herald
919-718-1204
fax: 919-774-4269
PO Box 100
Sanford, NC 27331
httD://sanford.heraldsun.com/hotiobs
on 7/18/08 9:54 AM, Sarah Young at sarah.young@ncmail.net wrote:
Kelly -
Here is the legal ad. Thanks, Sarah
I of 1 7/21/2008 9:45 AM
09/25/2013 23:36 FAX
copy upon the attor-
ney for the Petitioner
Robert J.Pinnero
at PO B9x 1379
Albany, Georgia
31702. 1379
(229)426-9661
This 19th day of
June, 2W8.
Sondra Cook
Deputy Cleric
Superior Court
Lee County, Georgia
PUBLIC NOTICE
STATE OF NORTH
CAROLINA
ENVIRONMENTAL
MANAGEMENT
COMMISSION
1617 MAIL SERVICE
CE.iI ER
RALEIGH, NORTH
CAROLINA 27699-
1617
GIiN Driveline, 4901
Womack Road, San-
ford, NC 27330 has ap-
plied for an NPDES
Stormwater Permit to
discharge
stormwater
associated with in-
dustrial activities at a
facility located at
GKN Driveline, 4901
Womack Road, San-
ford. NC, Lee County.
The facility discharg-
es to waters designat-
ed as Little Buffalo
Creek, within the
Cape Fear River
Basin,
Copies of the draft
permit, No.
NCS000155, are avail-
able by contacting:.
Robert Patterson
NC Division of Water
Quality
1617 Mail Service
Center
Raleigh, NC 27699-
1617
Telephone Number:
(919)-807-6375
robert.patterson(p11tc
mailnet
255
-Sport Utilities
CLASSIFIED DEAD-
LINE: 2r00 PM
DAY BEFORE
PUBLICATION. {2:00
Fitts Friday for
Sat/Sun ads). Son -
ford Herald, Classi-
fied Dept.,
718-1201 or
718-1204
260
Vans
GMC 8 passenger van,
A/C, CD, excellent
I1hroughou6 129K mi,
$2900 499,5230
270
Motorcycles
08 Hadey Sporniar 883,
black, only 26 milesl I
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Child Care
Da you need a few hours a
day to yourself, kid -free?
Kids World is rho plooei
Early registration is now
taking plcce. Act fast, act
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Removo ugly stains From
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718.9115, www,pnelps
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Help Wanted -
General
Combination City
Driver/ Dock Workers
Needed
The primary functions of o
I CbmbinoEan City Driver /
Persons wishing to
comment upon or ob.,
jectto the proposed
determination are in-
vited to submit their
comments in writing
to the above address
no later than August
22, 2008. All com-
ments received prior
to that date will be
considered in the ii•
nal determination re-
garding permit issu•
ance. All comments
and requests should.
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Michael F. Easley, Governor
i
William G. Ross Jr., Secretary
rNorth
Carolina Department of Environment and Natural Resources
1
'C
Coleen H. Sullins, Director
Division of Water Quality
July 17, 2008
Mr. Dib Paul, or successor
GKN Driveline
4901 Womack Road
Sanford, North Carolina 27330
Subject:
Dear Mr. Paul:
Draft NPDES Stormwater Permit
Permit No. NCS000155
GKN Driveline
Lee County
Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft
very carefully to ensure thorough understanding of the conditions and requirements it contains.
The draft permit contains the following significant changes from this facility's current permit:
Analytical monitoring changes:
1.. TSS and pH have been added to the analytical monitoring requirements.
2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in
Part II Section B. The permittee must also document the total precipitation for each event. If no discharge
occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow"
within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a
minimum of 60 days apart, as specified in Table 2.
3. Benchmarks for analytical monitoring have been added to this draft permit. 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.
4. 'You are required to collect all of the analytical and qualitative monitoring samples during representative
storm events as defined in Part II Section B. Qualitative monitoring is required regardless of
representative outfall status.
5. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4,
and 5.
6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall
parameter is in this permit, however.)
7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical
and qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it
only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the
permitted timeframe then the requirements shall apply.
Other permit changes:
1. Additional guidance is provided about the Site Plan requirements. The site map crust now identify if the
receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants
in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of
significant spills that have occurred in the past three years and also must certify that the outfalls have o°
NrihCaro6na
'Vatura!/y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service
Internet h2o.encstate.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 807-6494 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Dib Paul
GKN Driveline
Permit No. NCS000155
been inspected to ensure that they do not contain non-stormwater discharges. Additional information is
provided in Part II Section A.
2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A.
More details regarding secondary containment are provided.
3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II
Section A. The plan must also be updated annually to include a list of significant spills and to certify that
the outfalls do not contain non-stormwater discharges.
4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater
management controls as specified in Part II Section A.
5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial
materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the
facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit.
requirements. Additional information is provided in Part I Section A.
Please submit any comments to me no later than thirty (30) days following your receipt of the draft.
Comments should be sent to the address listed at the bottom of this page. If no adverse comments are
received from the public or from you, this permit will likely be issued in about two months.
If you have any questions or comments concerning this draft permit, contact Robert Patterson at (919) 807-
6375 or robert.patterson@ncmail.net
Sincerely,
Robert D. Patterson, P.E.
Environmental Engineer
Stormwater Permitting Unit
cc: Raleigh Regional Office, Vicki Webb
Stormwater Permitting Unit
Attachments
NCS000155
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute'143-215.1, other lawful
standards and regulations promulgated and adopted by tfie.North Carolina Environmental
Management Commission, and the Federal Water Pollution'Control Act, as amended,
is hereby authorized to.discharge stormwater from a facility located at
� ,. L KN Driveline
1 G
t ,14901 Womack Rd.
Sanford; NC
Lee County
to receiving waters designated as Little Buffalo Creek, a class C stream in the Cape Fear River
Basin, in accordance with the discharge limitations, monitoring requirements, and other
conditions set forth in Parts I, II, III, IV, V and VI hereof.
Note: Draft Permit Dates are Approximate
This permit shall become effective October 1, 2008.
This permit and the authorization to discharge shall expire at midnight on September 30, 2013.
Signed this 22nd day of September, 2008.
for Coleen H. Sullins Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCS000155
PART
Section A:
Section B:
Section C:
PART II
Section A:
Section B:
Section C:
Section D:
PART III
TABLE OF CONTENTS
INTRODUCTION
Individual Permit Coverage
Permitted Activities
Locatior
MONITOR]
DISCHARC
Stormw;
Analytic
Qualitat
On -Site
PERMITTED
STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL
PERMITS
Section A: Compliance
and Liability
1.
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
5.
Oil and Hazardous Substance Liability
6.
Property Rights
7.
Severability
8.
Duty to Provide Information
9.
Penalties for Tampering
10.
Penalties for Falsification of Reports
Section B: General
Conditions
1.
Individual Permit Expiration
2.
Transfers
i
a
Permit No. NCS000155
3. Signatory Requirements
4. Individual Permit Modification, Revocation and Reissuance, or
Termination.
5. Permit Actions
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Faciliti
Section D: Monitoring and Records f
1.
t
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures �
5.
Representative Outfal I`J
6.
Records Retention?,
7.
Inspecttiion,add,Emry-
Section E: Reporting
Requirements'
l .
y
Discharge -Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Bypass
8.
Twenty-four Hour Reporting
9.
Other Noncompliance
10.
Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
I
Permit No. NCS000155
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge stormwater associated with industrial activity. Such
discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40
CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater
discharge permit requirements. Any owner or operator wishing::to obtain a No Exposure
Certification must submit a No Exposure CertificatioWNOhfor`m to the;Division; must receive
rr rr
approval by the Division; must maintain no exposure. conditions unless authorized to discharge
under a valid NPDES stormwater permit; and must reapply for the -No Exposure Exclusion once
every five (5) years.
SECTION B: PERMITTED
Until this permit expires or is 6difed'ar revoked; the permittee is authorized to discharge
stormwater to the surface waters of North arolina or separate storm sewer system that has been
adequately treated and managed,in-accordance with the terms and conditions of this individual
permit. All stormwater discharges shaalllll.be'in accordance with the conditions of this permit.
Any other point source discharge.to'surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or approval.
The stormwater discharges allowed by this individual permit shall not cause or contribute to
violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Part I Page 1 of 2
SECTION C: LOCATION MAP Permit No. NCS000155
Latitude: 35'32'40" N ��+�+000.� 55 FdClilty
Longitude: 79'10'35"W
County: Lee GKN Driveline Location'
Stream Class: C
Receiving Stream: Little Buffalo Creek
Sub -basin: 03-06-02 (Cape Fear River Basin) cffiOrCtlk Map Not to Scale
Part I Page 2 of 2
Pennit No. NCS000155
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as
the Plan. This Plan shall be considered public information in accordance with Part III, Standard
Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a
minimum, the following items:
Site Plan. The site plan shall provide a description of the physical facility and the
potential pollutant sources that may be expected.to contribute to contamination of
stormwater discharges. The site plan shall contain tfie following:
a. A general location map (USGS qt
equivalent snap), showing the faci
routes and surface waters, the nan
stormwater outfall(s) discharges, i
storm sewer system, the name/of.l
waters; and acct
should identify,
List of impaired
been establishe
North Carolina'
North Carolin
http://h2o.en
anglemap or appropriately drafted
s location in relation to transportation
f the receiving water(s) to which the
the discharge is to a municipal separate
I and the ultimate receiving
itude of the point(s) of discharge. The map
g water is impaired (on the state's 303(d)
),rts locatea in a watershed for which a TMDL has
what the parameter(s) of concern are.
)List can be found here:
us/tmdl/General 303d.htm#Downloads
documents can be found here:
VrMDL_list.htm#Final_TMDLs
b. A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants which
could be expected to be present in the stormwater discharge from each outfall.
C. A site map drawn to scale with the following items
(1)
Distance legend and north arrow
(2)
Site property boundary and topography
(3)
Location of industrial activities (including storage of materials,
disposal areas, process areas, and loading and unloading areas)
(4)
Drainage features and structures
(5)
Stormwater discharge points (outfalls)
(6)
Delineated drainage areas for each outfall
(7)
Drainage area for each outfall in acres and percentage or each
drainage area that is impervious
(8)
All on -site and adjacent surface waters and wetlands
(9)
Building locations
Part 11 Page I of 10
Permit No. NCS000155
(10) Existing BMPs and impervious surfaces
d. A list of significant spills or leaks of pollutants that have occurred at the facility
during the three (3) previous years and any corrective actions taken to mitigate
spill impacts.
e. Certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges. The certification statement will be signed in accordance with
the requirements found in Part III, Standard Conditions, Section B, Paragraph 3.
Stormwater Management Plan. The stormwater management plan shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stormwater, including structural and
nonstructural measures. The stormwater manaaeme`nt elan, at a minimum, shall
incorporate the following:
a. Feasibility Study. A review of the
the methods of operations and/or s
of materials and processes to stow
prevent exposure of all storage are
manufacturing or fueling operanot
not practical, the s6rmwater,mana
diverting the stormwater runoff av
economic feasibility of changing
s to eliminate or reduce exposure
wer practical, the permittee shall
material handling operations, and
In areas where elimination of exposure is
nent plan shall document the feasibility of
from areas of potential contamination.
b. Secondary ContainmentlRequirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section
313 of Title III ofthe�Superfund Amendments and Reauthorization Act (SARA)
water priority chemicals; and storage in any amount of hazardous substances to
prevent leaks and spills from contaminating stormwater runoff. A table or
summary of all such tanks and stored materials and their associated secondary
containment areas shall be maintained. If the secondary containment devices are
connected directly to stormwater conveyance systems, the connection shall be
controlled by manually activated valves or other similar devices which shall be
secured closed with a locking mechanism, and any stormwater that accumulates in
the containment area shall be at a minimum visually observed for color, foam,
outfall staining, visible sheens and dry weather flow, prior to release of the
accumulated stormwater. Accumulated stormwater shall be released if found to
be uncontaminated by the material stored within the containment area. Records
documenting the individual making the observation, the description of the
accumulated stormwater and the date and time of the release shall be kept for a
period of five (5) years.
C. BMP Summary. A narrative description shall be provided of Best Management
Practices (BMPs) to be considered such as, but not limited to, oil and grease
separation, debris control, vegetative filter strips; infiltration and stormwater
detention or retention, where necessary. The need for structural BMPs shall be
based on the assessment of the potential of pollutant sources to contribute
Part I I Page 2 of 10
Permit No. NCS000155
significant quantities of pollutants to stormwater discharges and data collected
through monitoring of stormwater discharges.
3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel (or team) responsible for implementing the
SPRP shall be identified. A responsible person shall be on -site atall times during facility
operations that have the potential to contaminate stormwater runoff through spills or
exposure of materials associated with the facility operations. The SPRP must be site
stormwater specific. Therefore, an oil SPCC plan may be a component of the SPRP, but
may not be sufficient to completely address the stormwater aspects of the SPRP. The
common elements of the SPCC with the SPRP may be incorporated by reference into the
SPRP. j°\ .,f
4. Preventative Maintenance and Good Housekeeping:Program.�A preventative
maintenance program shall be developed. The ,program shall document schedules of
inspections and maintenance activities of stormwater control systems, plant equipment
and systems. Inspection of material handling areas and'regttlar cleaning schedules of
these areas shall be incorporated into the program ;!/
5. Employee Training. Training schedules,shall'be developed and training provided at a
minimum on an annual basis on proper spill response and cleanup procedures and
preventative maintenance activities for all personnel involved in any of the facility's
operations that have the potential'to contaminate stormwater runoff. Facility personnel
(or team) responsible for imple r enting the training shall be identified.
6. Responsible Party. The Stor � ater Pollution Prevention Plan shall identify a specific
position(s) responsible -for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position assignments provided.
7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance that has a significant effect on the
potential for the discharge of pollutants to surface waters. The Stormwater Pollution
Prevention Plan shall be reviewed and updated on an annual basis. The annual update
shall include an updated list of significant spills or leaks of pollutants for the previous
three years, or the notation that no spills have occurred. The annual update shall include
re -certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The penmittee 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.
Part I I Page 3 of 10
Permit No. NCS000155
8. Facility Inspection Program. Inspections of the facility and all stormwater systems shall
occur at a minimum on a semi-annual schedule, once during the first half of the year
(January through June) and once during the second half (July through December), with at
least 60-days separating inspection dates (unless performed more frequently). The
inspection and any subsequent maintenance activities performed shall be documented,
recording date and time of inspection, individual(s) making the inspection and a narrative
description of the facility's stormwater control systems, plant equipment and systems.
Records of these inspections shall be incorporated into the Stormwater Pollution
Prevention Plan. These facility inspections are different from, and in addition to, the
stormwater discharge characteristic monitoring required in Part II of this permit.
9. Implementation. The permittee shall implement the Plan. The permittee shall document
all monitoring, measurements, inspections and maintenance activities and training
provided to employees, including the log of the sampling data and of actions taken to
implement BMPs associated with the industrial activities; including vehicle maintenance
activities. Such documentation shall be kept on site for a`penod of five years and made
available to the Director or the Director's authorized- representative immediately upon
request. % -
Part 11 Page 4 of 10
Permit No. NCS000155
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All
analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in a minimum of ten analytical samplings being conducted over the term of
the permit at each stormwater discharge outfall (SDO).
A representative storm event is a storm event that measures greater than 0.1 inches of rainfall
and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1
inches has occurred. A single storm event may contain up to 10 consecutive hours of no
precipitation. For example, if it rains for 2 hours without producing any collectable discharge,
and then stops, a sample may be collected if a rain producing a discharge begins again within the
next 10 hours.
Table 1. Analytical Monitoring Requirements 4
Discharge
Characteristics
Units
Measurement Frequencyt
Sample
Type2
Sample
Location3
Total Suspended Solids
m
�jsemi-annual
Grab
SDO
H
standard
/semi-annual
Grab
SDO
Total Rainfal14
inches"
1 L-serni-annual
Rain Gauge
Footnotes:r: "year d�,� \
I Measurement Frequency: Twice peuring a representative storm event, for each year until either another
permit is issued for this facility or�until this rinit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered fo'r a`renewal"application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. See Tabie 2 for schedule of monitoring periods through the end of this permitting
cycle.
2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative
outfall status has been granted.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or
local rain gauge reading must be recorded.
The permittee shall complete the minimum ten analytical samplings in accordance with the
schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and
Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two
response.
Part 11 Page 5 of 10
Permit No. NCS000155
Table 2. Monitoring Schedule
Monitoring periodt'Z
Sample Number
Start
End
Year 1 —Period 1
1
October 1, 2008
March 31, 2009
Year 1 — Period 2
2
April 1, 2009
September 30, 2009
Year 2 — Period 1
3
October 1, 2009
March 31, 2010
Year 2 — Period 2
4
April 1, 2010
September 30, 2010
Year 3 — Period 1
5
October 1, 2010
March 31, 2011
Year 3 — Period 2
6
April 1, 2011
September 30, 2011
Year 4 —Period 1
7
October 1, 2011
March 31. 2012
Year 4 — Period 2
8
April 1, 2012
September 30, 2012
Year 5 — Period 1
9
October 1,.20.12
March 31, 2013
Year 5 — Period 2
10
April 1%2013
September 30, 2013
Footnotes:
I Maintain semi-annual monitoring during permit renewal
monitoring until the renewed permit is issued.
2 If no discharge occurs during the sampling period, the p
Flow" within 30 days of the end of the six-month sampli
applicant must continue semi-annual
a monitoring report indicating "No
Monitoring results shall be compared to the_benchinark values in Table 3. The benchmark values in
Table 3 are not permit limits but shouldbe used as guidelines for the permittee's Stormwater
Pollution Prevention Plan (SPPP,): 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 and Tier Two.
Table 3. Benchmark Values-. or Analytical Monitoring
Discharge Characteristics
Units
Benchmark
Total Suspended Solids
mg/L
100
PH
standard
6-9
Part 11 Page 6 of 10
Permit No. NCS000155
Tier One
If: The sampling results are above a benchmark value, or outside of the benchmark range, for any
narameter 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 exceedance.
3. Identify potential, and select the specific: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, or to bring
concentrations to within the benchmark range. /j \
4. Implement the selected actions within two months off the,inspection.
5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan.
a
Include the date and value of the benchmark exceedance, the inspection date, the personnel
conducting the inspection, the selected
implemented. %f
If: During the term of this
date the selected actions were
Two
results are above the benchmark values, or outside
of the benchmark range, for any specific parameter at a specific discharge outfall two times in a
row (consecutive);
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring for all parameters at every outfall where a
sampling result exceeded the benchmark value for two consecutive samples. Monthly
(analytical and qualitative) monitoring shall continue until three consecutive sample results
are below the benchmark values, or within the benchmark range, for all parameters at that
outfall.
3. If no discharge occurs during the sampling period, the permittee is required to submit a
monthly monitoring report indicating "No Flow."
4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan.
Part II Page 7 of 10
Permit No. NCS000155
DWQ shall be notified in writing if any benchmark value is exceeded or are outside the benchmark
range, for any specific parameter at any specific outfall on more than four occasions. During the
term of this permit, if the sampling results exceed the benchmark value, or are outside the
benchmark range, for any specific parameter at any specific outfall on more than four occasions,
DWQ may:
• Require that the permittee increase or decrease the monitoring frequency for the
remainder of the permit;
• Require the permittee to install structural stormwater controls;
• Require the permittee to implement other
• Require that the permittee implement site
Exclusion.
SECTION C: QUALITATIVE
Qualitative monitoring requires a visual
representative outfall status and shall be
analytical monitoring event. Qualitativf
effectiveness of the Stormwater Pollutit
stormwater pollution.
of measures; or
qualify for the No Exposure
Eeach stormwater outfall regardless of
s specified in Table 4, and during the
is for the purpose of evaluating the
Plan (SPPP) and assessing new sources of
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall
document the suspected cause of thecondition and any actions taken in response to the
discovery. This documentation will be maintained with the SPPP.
Table 4. Qualitative Monitoring Requirements
Discharge Characteristics
Frequency]
Monitoring
Location2
Color
semi-annual
SDO
Odor
semi-annual
SDO
Clarity
semi-annual
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semi-annual
SDO
Oil Sheen
semi-annual
SDO
Erosion or deposition at the
outfall
semi-annual
SDO
Other obvious indicators
of stormwater pollution
semi-annual
SDO
Part 11 Page 8 of 10
Permit No. NCS000155
Footnotes:
I Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting
cycle.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO)
regardless of representative outfall status.
SECTION D:. ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity
gallons of new motor oil per month when averaged ovi
analytical monitoring as specified below in Table 5. �T
stormwater discharge outfalls which discharge stormw
areas, and in accordance with the schedule presented-ir
monitoring shall be performed during a representative
Table 5. Analytical Monitoring
on -site which uses more than 55
ndar year shall perform
oring shall be performed at all
f from vehicle maintenance
(Section B). All analytical
r On -Site Vehicle Maintenance
Discharge Characteristics
Units
Measurement
Sample
Sample
Fre uenc I
Type2
Location3
H
_,standard
semi-annual
Grab
SDO
Oil and Grease
/% m ]✓
semi-annual
Grab
SDO
Total Suspended Solids t
\ in I
semi-annual
Grab
SDO
Total Rainfall4
inches
semi-annual
Rain gauge
New Motor Oil Usagegallons/month
I semi-annual
Estimate
Footnotes:
I Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting
cycle.
2 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge from the pond.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain
gauge reading must be recorded.
Part 11 Page 9 of 10
Permit No. NCS000155
Monitoring results shall be compared to the benchmark values in Table 6. The benchmark
values in Table 6 are not permit limits but should be used as guidelines for the permittee's
Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the
permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs), as provided in Part 1I Section B.
Table 6.
Benchmark Values for Vehicle Maintenance Analytical Monitoring
Discharge Characteristics
Units
Benchmark
pH
standard
6-9
Oil and Grease
mg/L
30
Total Suspended Solids
mg/L
1= <]00
Part II Page 10 of 10
Permit No. NCS000155
PART 111 STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater
Pollution Prevention Plan shall be'developed and implemented within 12 months of the effective date of the
initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part II,
Section A, Paragraph 2(b) of this permit, shall be accomplished withind 2 months of the effective date of
the initial permit issuance.
New Facilities applying for coverage for the first time and existing facilities previously permitted and
applying for renewal under this permit: The Stormwatei pollution Prevention Plan shall be developed and
implemented prior to the beginning of discharges from.the operation of the industrial activity and be
updated thereafter on an annual basis. Secondary containment, as•specified in Part 11, Section A, Paragraph
2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the
industrial activity.
Duty to Comply
The permittee must comply with all'conditi ns.of this individual permit. Any permit noncompliance
constitutes a violation of the Clean Water Act. and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit upon renewal application.
a. The permittee shall comply,with standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants within the time provided in the regulations that establish these
standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any
permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment for not more than I year, or both. Any person who knowingly violates permit
conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or
imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $ 11,000 per violation with the maximum
amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR
122.41(a).]
C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per
violation may be assessed against any person who violates or fails to act in accordance with the
terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-
215.6A]
d. Any person may be assessed an administrative penalty by the Director for violating section 301,
302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any
of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class
I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed $11,000
Part III Page I of 8
Permit No. NCS000155
per day for each day during which the violation continues, with the maximum amount of any Class
I I penalty not to exceed $137,500.
3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
individual permit which has a reasonable likelihood of adversely affecting human health or the environment.
4. Civil and Criminal Liability
Except as provided in Part Ill, Section C of this permit regarding bypassing of stormwater control facilities,
nothing in this individual permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143-
215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended. % O
5. Oil and Hazardous Substance Liability
Nothing in this individual 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 individual permit d es` t co ey 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.
Severability
The provisions of this individual permit are severable, and if any provision of this individual permit, or the
application of any provision of this individual permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this individual permit, shall not be affected
thereby.
8. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the Director
may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the
permit issued pursuant to this individual permit or to determine compliance with this individual permit. The
permittee shall also furnish to the Director upon request, copies of records required to be kept by this
individual permit.
9. Penalties for Tamperine
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate,
any monitoring device or method required to be maintained under this individual permit shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more
than two years per violation, or by both. If a conviction of a person is for a violation committed after a first
conviction of such person under this paragraph, punishment is a tine of not more that $20,000 per day of
violation, or by imprisonment of not more than 4 years, or both.
Part III Page 2 of 8
Permit No. NCS000155
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this individual
permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be
punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years
per violation, or by both.
SECTIONB: GENERAL CONDITIONS
Individual Permit Expiration
The permittee is not authorized to discharge after the expiration da
authorization to discharge beyond the expiration date, the permute
required by the agency authorized to issue permits no latentha jl8
permittee that has not requested renewal at least 180 days prior to .
have a permit after the expiration and has not requested renewal at
subjected to enforcement procedures as provided in NCGSA 143-2
2. Transfers
This permit is not transferable to any
Director may require modification or
incorporate such other requirements 2
required to notify the Division in writ
Si gn€, atory Requirements
All applications, reports, I 6r,infarma
a. All applications to be cove
te.; In order to receive automatic
t`sF all submit forms and fees as are
D'days prior to the expiration date. Any
ol
!xpiration, or any permittee that does not
least-180 days prior to expiration, will be
153.6 and 33 USC 1251 et. seq.
fter'notice to and approval by the Director. The
issuance of the permit to change the name and
;ary under the Clean Water Act. The Permittee is
the permitted facility is sold or closed.
submitted to the Director shall be signed and certified.
under this individual permit shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the
manager of one or more manufacturing production or operating facilities employing more
than 250 persons or having gross annual sales or expenditures exceeding 25 million (in
second quarter 1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive
officer or ranking elected official.
b. All reports required by the individual permit and other information requested by the Director shall
be signed by a person described above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
PartI I I Page 3 of 8
Permit No. NCS000155
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for environmental
matters for the company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Director.
Any person signing a document under paragraphs a. or b. of this section shall make the following
certification:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted.\Based on my inquiry of the person or
persons who manage the system, or those persons directly�responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
4. Individual Permit Modification, Revocation and Reissuance, or -Termination
,X / \ -
The issuance of this individual permit does not prohibit the Director from reopening and modifying the
individual permit, revoking and reissuing the individual permit, or terminating the individual 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 `aroli a Administrative Code, Subchapter 2H .0100; and North Carolina
General Statute 143-215.1 et. al.,
Permit Actions
The permit may be modified; revoked and reissued, or terminated for cause. The notification of planned
changes or anticipated noncompliance does not stay any individual permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the permittee to achieve compliance with
the conditions of this individual 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 individual permit.
Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this individual permit.
3. Bvpassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless:
Part III Page 4 of 8
Permit No. NCS000155
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
C. The permittee submitted notices as required under, Part III, Section E of this permit.
If the Director determines that it will meet the three conditions listed above, the Director may approve an
anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
2.
3.
4.
Representative Samplin<>
Samples collected and measurements taken, as
nature of the permitted discharge. Analytical s
event. Samples shall be taken on a day and tin
taken before the discharge joins or is diluted b,
Monitoring points as specified in this permit sf
the Director. „ IV
Recordine Results
For each measurement,
requirements of this ind
a. The date, exac
;hall be characteristic of the volume and
I
erformed during a representative storm
ristic of the discharge. All samples shall be
stream, body of water, or substance.
d without notification to and approval of
maintenance activity performed or collected pursuant to the
rmittee shall record the following information:
tripling, measurements, inspection or maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
C. The analytical techniques or methods used; and
f. The results of such analyses.
Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges.
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.
PartI I I Page 5 of 8
Permit No. NCS000155
To meet the intent of the monitoring required by this individual permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the minimum
detection or lower reporting level of the procedure.
5. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that are
required to be sampled, the permittee may petition the Director for representative outfall status. If it is
established that the stormwater discharges are substantially identical and the permittee is granted
representative outfall status, then sampling requirements may be performed at a reduced number of outfalls.
6. Records Retention
Visual monitoring shall be documented and records maintained at
Pollution Prevention Plan. Copies of analytical monitoring results
permittee shall retain records of all monitoring information, incluc
records and all original strip chart recordings for continuous morn
reports required by this individual permit for a period of at'least 5
measurement, report or application. This period may be extended
Inspection and Entry
the.facility along with the Stormwater
shall also be maintained on -site. The
ing all calibration and maintenance
oring-instrumentation, and copies of all
years from the date of the sample,
by request of the Director at any time.
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 of credentials and other documents as may be
required by law, to; f
a. Enter upon the perI iittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this individual permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of
this individual permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under this individual permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.
SECTION E: REPORTING REQUIREMENTS
Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division
no later than 30 days from the date the facility receives the sampling results from the laboratory.
When no discharge has occurred from the facility during the report period, the permittee is required to
submit a discharge monitoring report within 30 days of the end of the six-month sampling period, giving all
required information and indicating "NO FLOW" as per NCAC T15A 02B .0506.
PartI I I Page 6 of 8
Permit No. NCS000155
2. Submitting Reports
Duplicate signed copies of all reports required herein, shall be submitted to the following address:
Division of Water Quality
Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal
Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection
at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be
considered confidential. Knowingly making any false statementon any such report may result in the
imposition of criminal penalties as provided for in NCGS,143-215.6E or in Section 309 of the Federal Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with
discharge, the permittee shall separately monitor
discharge permit and provide this information wi
5. Planned Changes
mtit coincides with a non-stormwater
required under the non-stormwater
discharge monitoring report.
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which could significantly alter the; nature or quantity of pollutants discharged. This notification
requirement includes pollutants which are not specifically listed in the individual permit or subject to
notification requirements under 40 CFR`Part 122.42 (a).
� �f
6. Anticipated Noncompliance �'
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which may result in noncompliance with the individual permit requirements.
7. Bypass
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass.
8. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any noncompliance which
may endanger health or the environment. Any information shall be provided orally within 24 hours from
the time the permittee became aware of the circumstances. A written submission shall also be provided
within 5 days of the time the pennittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the period of
noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the
PartIll Page 7 of 8
Permit No. NCS000155
anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has been received
within 24 hours.
9. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted.
10. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in an application for an
individual permit or in any report to the Director, it shall promptly submit such facts or information.
Part I I I Page 8 of 8
NCS000155
PART IV LIMITATIONS REOPENER
This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable
effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and
307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual
permit; or
b. Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this
Act then applicable.
PART V ADMINISTERING AND
REQUIREi
The permittee must pay the administering and compliar
the Division. Failure to pay the fee in,timely manner in
Division to initiate action to revoke tti'e.lndividual Pem
Act
See Clean Water Act.
2. Arithmetic Mean
II also contain,any other requirements in the
MONITORING FEE
ig fee within 30 (thirty) days after being billed by
with 15A NCAC 21-1 .0105(b)(4) may cause this
DEFINITIONS
The arithmetic mean of any set of values is the summation of the individual values divided by the number of
individual values.
3. Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the
stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
flushings, water from footing drains, flows from riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training.
4. Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the
form of a process, activity, or physical structure.
Parts IV, V and VI Page I of 5
Permit No. NCS000155
E
6.
h
8.
9.
10.
IL
12.
13.
14.
15.
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.
Bulk Storaee 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.
Clean Water Act
The Federal Water Pollution Control Act, also known
USC 1251, et. seq.
Division or DWO
The Division of Water Quality, Department of En_viror
Director
The Director of the Division of Water<Ouality, the.pen
EMC
The North Carolina
Grab Sample``--
m'Water Act (CWA), as amended, 33
Resources.
issuing authority.
Commission.
An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively
monitored must be taken within the first 30 minutes of discharge.
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
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.
Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a city or town.
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,
Part VI Page 2 of 5 Pages
Permit No. NCS000155
no
17
I"
1W
20.
21
22.
23
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).
Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding
topsoil or similar naturally -occurring surface materials that are riot disturbed by mining operations.
Permittee
The owner or operator issued a permit pursuant to this individual permit.
Point Source Discharee 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.
Representative Storm Event
A storm event that measures greater than 0.1 inche sof 'rainfall and that is preceded by at least 72 hours in which no
storm event measuring greater than 0.1 inches.has.occurred. A single storm event may contain up to 10 consecutive
hours of no precipitation. For example, if it'rains for-2 ours without producing any collectable discharge, and then
stops, a sample may be collected'if a rain proing-a discharge begins again within the next 10 hours.
Representative Outfall Status >�\ �X
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'perfortn analytical monitoring at a reduced number of outfalls.
Rinse Water Discha=
The dischafge of rinse water from equipment cleaning areas associated with industrial activity. Rinse
waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters
utilizing any type of detergent or cleaning agent.
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.
Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA Title 111, Section 313 reporting
requirements; and
C. That meet at least one of the following criteria:
Part V I Page 3 of 5 Pages
Permit No. NCS000155
(1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority
pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic
pollutants and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the CWA at 40
CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
24. Severe Property Damage
Means substantial physical damage to property, damage to the control facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused
by delays in production. J�
25. 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 sectiond01(l4) ofCERCLA; any chemical the facility is required to
report pursuant to section 313 of Title III of SAR / fertilizers; pesticides; and waste products such as ashes,
11
slag and sludge that have the potential `sed-with stormwater discharges.
26. Significant Spills
Includes, but is not limited to5rel e f oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water rAct �(Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of
CERCLA (Ref: 40 CFR 302.4). {
27. Stormwater Runoff
The Flow of water which results from precipitation and which occurs immediately following rainfall or as a
result of snowmelt.
28. 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.
29. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and
is based on an evaluation of the pollution potential of the site.
30. Ten Year Design Storm
The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten
years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control
Planning and Design Manual.
Part V I Page 4 of 5 Pages
Permit No. NCS000155
31
32.
Total Flow
The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be
either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the
amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the
measurement of flow at 20 minute intervals during the rainfall event.
Total Maximum Daily Load (TMDL)
A TMDL. is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet
water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed
water quality assessment that provides the scientific foundation for an implementation plan. The
implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to
restore and maintain water quality standards in all seasons. Thetlean Water Act, section 303, establishes
%/the water quality standards and TMDL programs. ' 1>. `\ ty
33. Toxic Pollutant
34.
35.
36.
37
Any pollutant listed as toxic under Section
upset
Act.
Means an exceptional incident in which there is unintentional and temporary noncompliance with
technology based permit effluent limitation`s because'`of factors beyond the reasonable control of the
permittee. An upset does not include noncompliance to the extent caused by operational error, improperly
designed treatment or control facilities inadequate treatment or control facilities, lack of preventive
r e
maintenance, or careless or improperoperation.
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations.
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.
25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25
years.
Part VI Page 5 of 5 Pages
f
NCS000155
J
[7
Michael F. Easley, Governor
QWilliam G. Ross Jr., Secretary
G North Carolina Department of Environment and Natural Resources
rI Calecn H. Sullins Director
` Division of Water Quality
STAFF REVIEW AND EVALUATION
NPDES Stormwater Permit
Facility Name:
GKN Driveline
NPDES Permit Number:
NCS000155
—�
Facility Location:
Sanford, NC (Lee County)
mo
M
Type of Activity:
Metal forming
na
L
C
f
Receiving Streams:
See Figure 1y
���
EIJI. ``
River Basin:
Cape Fear River Basin, Sub -basin 03-06-02
z
J
oN
Stream Classification:
C, NSW
—
00
^ fJ
Proposed Permit Requirements:
See attached draft permit.
Monitoring Data:
See Table 1
Facility Location:
See Figure 1
Response Requested by (Date): June 20, 2008
Central Office Staff Contact: Robert Patten
Special Issues:
ext. 360
Issue
Rating Scale: 1 eas to 10 hard
Compliance history
1
Benchmark exceedance
1
Location (TMDL, T&E
species, etc)
10
Other Challenges:
5
Difficulty Rating:
17/40
Special Issues Explanation:
e Location: This site is upstream of an endangered species habitat
• Other: This facility may have two owners with co -mingling outfalls after June 2008.
Description of Onsite Activities:
The site currently has two plants, driveline and forming. (The driveline plant is closing in June 2008.) The forming
plant heats metal and then forms it to specific shapes.
Documents Reviewed: _ _ -
• Draft 2008 303(d) list
• 2006 EPA Sector -Specific Permit (draft) U
I
• SPu Files MAY L 3 2008i�
• National Heritage Program (NHP) Threatened & Endangered database I If ��
History: REGIO�;A
tDENR RkLEIGH L [OFFICE
• December 1, 1994: Date permit first issued. Qualitative requirements only. tD -- —
1
Page 1 of 7
I`►1*11IIIIJIM,
• May 1, 2000: Date permit re -issued. Qualitative requirements only.
• September 2, 2004: Notified permittee that they needed to re -apply.
• November 1, 2004: Permittee submitted renewal application
Central Office Review Summary:
1. Owner's Other Permits: N/A
2. General Observations: Recipient of the 2006 Environmental Stewardship Award, presented by Secretary Ross. The
Environmental Stewardship Initiative is a voluntary program that encourages facilities to use pollution prevention
and innovation to meet and go beyond regulatory requirements.
Page 2 of 7
NCS000155
3. Impairment: Not 303(d) listed. Not addressed by the 2005 Basinwide Plan (North and South Buffalo creeks are
addressed and parts of those creeks are listed.)
4. Location: This facility appears to drain to Little Buffalo Creek. However, the watershed for Gum Fork is also in
the immediate vicinity. It appears from the Google Satellite Map that the facility is in the location to drain to
Little Buffalo Creek. "Buffalo Creek" (not "Little Buffalo Creek") is listed on both the previous permit and the
application. However, "Buffalo Creek" is not the receiving stream. If a site visit is done, verify the receiving
stream. This is an important element because if the facility drains to Little Bt flalo Creek, then it drains to an
endangered species habitat.
Figure 2: Receiving Stream Validation
5. Industrial Changes Since Previous Permit: The driveline portion of this facility will be closing in June 2008.
Request the RRO's input on the following: The changes in activities on the site may make them eligible for
the NCG03 (metal fabrication) permit instead of an individual permit (unless the owner or RO would prefer to
keep it as an individual permit). This could depend on who leases the former driveline building. They could be
co-permittees or get separate permits. Another option would be to hold off issuing until they have more
information on who will be leasing the building.
6. Analytical Monitoring Notes: No sampling was required in the previous permit. EPA requires TSS sampling.
7. Qualitative Monitoring Notes: No issues noted. However, The color and clarity are always "clear". The other
parameters are always "none". Typically, there is at least one instance where an anomaly is recorded.
Determine if the person monitoring understands what items to record.
Page 3 of 7
NCS000155
8. Threatened and Endangered: The Cape Fear Shiner (a fish) is found in downstream of the facility in Little Buffalo Creek, where the creek meets the
Cape Fear River. The NHP database shows that the Shiner was found in a separate creek -that also drains to the Cape Fear, downstream of where the
Little Buffalo Creek meets the river. However, the expected range of the fish includes part of Little Buffalo Creek. Though the outfall of the facility
does not intersect the expected location of the fish, stormwater from the site may affect the Shiner downstream. Potential threats to the species and its
habitat could come from such activities as changes in stream flow, runoff from agriculture and communities, road construction, impoundments,
wastewater discharge, and other development projects in the watershed (http://www.fws.gov/nc-es/fish/cfshiner.html).
Page 4 of 7
NCS000155
Revised Permit Recommendations: Analytical Monitoring:
I. TSS and pH have been added to the analytical monitoring requirements. TSS has been added because it is
required in the EPA Sector Specific permit. pH has been added to the analytical monitoring for all permits.
2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II
Section B. The permittee must also document the total precipitation for each event. If no discharge occurs
during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days
of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart,
as specified in Table 2.
3. Benchmarks for analytical monitoring have been added to this draft permit. 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. If the sampling results are above a
benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall
follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a
mitigation plan within two months. If during the term of this permit, the sampling results are above the
benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall
two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of
the steps listed for Tier I and also immediately institute monthly monitoring for all parameters at every outfall
where a sampling result exceeded the benchmark value for two consecutive samples.
4. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative
storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative
outfall status.
5. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote I of Tables 1, 4,
and 5.
6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in
this permit, however.)
7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and
qualitative monitoring.
Other Proposed Changes to the Previous Permit:
1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the
receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each
outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant
spills that have occurred in the past three years and also must certify that the outfalls have been inspected to
ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section
A.
2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More
details regarding secondary containment are provided.
3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A.
The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not
contain non-stormwater discharges.
4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater
management controls as specified in Part II Section A.
5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and
activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify
for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information
is provided in Part I Section A.
Page 5 of 7
NCS000155
Discussions with permittee: Dib Paul, 919.708.6243, dib.paulAekndriveline.com and Kimberly Killian,
919.708.4574, Kimberly. kiIIian(a)gkndriveline.com. (Kimberly is the main contact.) :
1. Discussion with Dib, late April 2008: Discussed the fact that part of his facility will soon be closing. He indicated
that most of the stormwater concerns were for the portion that would be closing, and asked if he still needed a permit.
I explained the No Exposure option. He met with his staff, and they decided not to pursue that route.
2. Have there been any significant changes at your facility since you applied for the renewal permit in November 2004?
a. The site currently has two plants; driveline and forming. The driveline plant is closing in June 2008. It is
being mothballed in preparation for selling it to a new owner or leasing it to a leasee. Most of the
stormwater concems for the previous permit were related to the `oil bearing activities" at the driveline plant.
The stormwater from the two facilities co -mingles in at least one of the outfalls. The permit will need to be
written appropriately. As of May 2, the permittees do not know who will be using that building.
3. What does each of your two plants manufacture? Your website says driveline "precision forming".
a. Driveline: Oil bearing operations (will be closing)
b. Forming: Heat and form metal components
4. What is your SIC code for the plant that will remain open?
a. Metal forming plant: SIC=3714, and NAICS=336350
Page 6 of 7
Robert,
I met with Kim Killian with GKN Driveline facility NCS000155 on july 81h, 2008 to do a
site visit.
After review of their paperwork and doing an inspection of the outfalls, this is my
finding:
1. The facility should draft a site map that shows all outfalls and the direction of
flow for stormwater. Also describe any potential pollutants for each outfall.
2. The driveline plant is closed. The facility is still not sure who will occupy this
front building or when this will happen.
3. The facility drains to Little Buffalo Creek not Buffalo Creek. Stormwater from
the front is carried to the back of the facility and then discharged where it will
flow to Little Buffalo Creek. I don't see where Gum Fork will be affected by this
facility.
The facility is doing a good job of following their permit. I did talk with Kim to let her
know that sampling was going to be required in the new permit and she is already
working on getting a contract lab and quotes for the sampling.
I recommend that the permit continue to go forward and be renewed. If the driveline
building is leased or sold then at that time we can revisit the facility to see if they need a
separate permit or if the one permit shall stay in tacked and or other sampling parameters
added.
NCS000155
Recommendations: Based on the documents reviewed, the application information submitted on November 1, 2004
sufficient to issue an Individual Stormwater Permit.
Prepared by (Signature)
Date 5
Date Su O $
Page 7 of 7
Contact information for GKN Precision Forming, Sanford NC NCS 0...
Subject: Contact information for GKN Precision Forming, Sanford NC NCS 000166 GKN Driveline
Application
From: "Kimberly Killian" <Kimberly.Killian@gkndriveline.com>
Date: Fri, 2 May 2008 15:14:11 -0400
To: <kelly.p.johnson@ncmai1.net>
CC: "Dib Paul" <Dib.Paul@gkndriveline.com> �1tt Nein
l.'OlXI1A C 1
Good afternoon Kelly,
Thank you for taking the time to speak with Dib Paul and I today. Feel free to contact me at anytime while
determining the status of our stormwater permit requirements per our conference call.
«NCS 000155_GKN Driveline_ Application.pdf>>
Thank you for your continued support of the environmental, health and safety program at GKN Precision
Forming.
Regards,
Kimberly A. Killian, CSHO
EHS Specialist
GKN Precision Forming - Sanford
kimberly.killian@gkndriveline.com
office: 919-708-4574
cell: 919-353-2139
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virus. The GKN Group does not accept liability for any loss or damage arising in any way from changes to this e-mail or its attachments which may occur in
transmission due to network, machine or software failure or manufacturer or operator error, or from unauthorised access or interference with intemel
communications by any third party or from the transmission of any viruses. Any opinion or other information in this e-mail or its attachments that does not relate to
the business of the GKN Group or any part of it is personal to the sender and is not given or in anyway endorsed by the GKN Group or any part of it.
Content -Description: NCS 000155_GKN
Driveline_ Application.pdf
NCS 000155_GKN Driveline_Application.pdfl Content -Type: application/octet-stream
I
Content -Encoding: base64
1 of 1 5/2/2008 3:19 PM
Re: Contact information for GKN Precision Forming, Sanford NC NC...
Subject: Re: Contact information for GKN Precision Forming, Sanford NC NCS 000166_GKN
Driveline Application
From: Kelly Johnson <kelly.p.johnson@ncmail.net>
Date: Fri, 02 May 2008 15:50:10 -0400
To: Kimberly Killian <Kimberly.Killian@gkndriveline.com>
Kimberly,
Based on the EPA Sector -Specific permit available at (page 162)
http://cfpub2.cpa.gov/npdes/stormwater/msgp.cfm, I would require TSS monitoring for this site. Note
that this is the "draft 2006" version of the permit, but it is the most current one that we reference for
guidance. NC has its own NPDES permitting system, but we typically reference EPA in order to be
consistent and because they have much more data available for the various industry types than we have
in-house. In addition to TSS, if the stormwater from the forming operation that you own co -mingles
with the stormwater from the current driveline area, and the new tenant or owner of that building begins
operations that have potential parameters of concern for stormwater then we would have to figure out
how to handle that from a permitting perspective. As I mentioned on the phone, there would be
sampling for all potential chemical parameters that could be present in the stormwater, but the actual
permit owner would be either GKN, the other owner, or a shared permit. There may be other ownership
options to consider as that situation develops. It is still very early in the permitting process, and I have
not completely reviewed your file. So, at this point I just wanted to answer your general question as to
whether or not sampling would be required. There may be other parameters as well as we get into this
more. Just FYI, I have found that there is an endangered species present downstream from your facility.
I have attached an excerpt of the staff report I am writing that shows a map. So, that is also a concern.
Kelly
Kimberly Killian wrote:
Good afternoon Kelly,
Thank you for taking the time to speak with Dib Paul and I today. Feel free to contact me at anytime
while determining the status of our stormwater permit requirements per our conference call.
«NCS 000155_GKN Driveline_Application. pdf>>
Thank you for your continued support of the environmental, health and safety program at GKN
Precision Forming.
Regards,
Kimberly A. Killian, CSHO
EHS Specialist
GKN Precision Forming - Sanford
kimberly. ki I I ian(agkndrivel i ne. com
office: 919-708-4574
cell: 919-353-2139
This e-mail and any attachments transmitted with it contain information which is confidential, intended solely for the addressee(s) and which may also be
prwileged or exempt from disclosure under applicable law. If you are not the addressee(s), or have received this e-mail in error, please notify the sender
immediately, delete it from your system and do not copy, print, disclose or use any part of it or its attachments. Internet communications are not guaranteed to
be secure or free of any virus. The GKN Group does not accept liability for any loss or damage arising in any way from changes to this e-mail or its
attachments which may occur in transmission due to network, machine or software failure or manufacturer or operator error, or from unauthorised access or
interference with internet communications by any third party or from the transmission of any viruses. Any opinion or other information in this e-mail or Its
attachments that does not relate to the business of the GKN Group or any part of it is personal to the sender and is not given or in any way endorsed by the
1 of 2 5/2/2008 3:50 PM
Re: Contact information for GKN Precision Forming, Sanford NC NC...
GKN Group or any part of iL
Kelly Johnson
Environmental Engineer
N.C. Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: (919) 733-5083 ext. 376
Fax: (919) 733-9612
[GKN T&E.doc Content -Type: application/msword
Content -Encoding: base64
2 of 2 5/2/2008 3:50 PM
Stormwater Permit, NCS 000155, GKN Driveline
Subject: Stormwater Permit, NCS 000155, GKN Driveline
From: Kelly Johnson <kelly.p.johnson@ncmail.net>
Date: Mon, 07 Apr 2008 10:34:48 -0400
To: dib.paul@gkndriveline.com
Dib,
our office has a significant backlog of permit renewal applications, and we have just
begun to review the application you submitted on 11/l/04. I apologize for the delay,
but I had a few questions for you now that I have reviewed your materials.
1.) What do you manufacture? Your website says that you do driveline precision
forming. Does that mean that you manufacture metal components? Do you also
manufacture rubber, plastic, or other components? What is your SIC Code?
2.) You noted on your application (attached) that you had not had any significant
changes at your facility since your previous permit. Have you had any significant
changes since your application?
3.) Your previous permit did not require stormwater sampling/analytical monitoring.
Are most of your operations inside or under a covered roof? What materials do you
manufacture or store uncovered outside? Have you aware of the No Exposure
Certification option for this permit? "No Exposure" essentially means that there
aren't any outside activities that would negatively affect stormwater. You can read
the specifics and determine if you believe you are eligible on our website,
http://h2o.enr.state.nc.us/su/Forms_Documents.htm, under Miscellaneous Forms. If you
have a No Exposure Certification, then you don't need a permit. It is unclear from
your file whether or not you have ever considered this option before.
If you would prefer to discuss this over the phone, please give me a call.
Thanks,
Kelly
Kelly Johnson
Environmental Engineer
N.C. Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: (919) 733-5083 ext. 376
Fax: (919) 733-9612
NCS 000155_GKN Driveline_Application.pdf Content -Type: application/pdf,
Content -Encoding: base64
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1 of 1 4/7/2008 10:35 AM
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Alan W. Klimek, P.E., Director
September 2, 2004
GKN AUTOMOTIVE INCORPORATED
ATTN: DIB PAUL, OR SUCCESSOR
4901 WOMACK RD
SANFORD, NC 27330
ID
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCE5
Subject: NPDES Stormwater Permit Renewal
GKN Automotive Incorporated
Permit Number NCS000155
Lee County
Dear Permittee:
Your facility is currently covered for stormwater discharge under NPDES Permit NCS000155. This permit expires
on April 30, 2005. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for
permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued
coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit.
To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed
you will find an individual permit renewal application form, supplemental information request, and Stormwater
Pollution Prevention Plan certification.
Filing the application form along with the requested supplimental information will constitute your application for
renewal of your permit. As stated above, the application form must be completed and returned along with all
requested information by in order for the permit to be renewed by April 30, 2005.
Failure to request renewal by may result in a civil assessment of at least $500.00. Larger penalties may be
assessed depending on the delinquency of the request. Discharge of stormwater from your facility without
coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could
result in assessments of civil penalties of up to $25,000 per day.
If you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater and
General Permits Unit at (919) 733-5083, ext. 548.
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Stormwater and General Permits Unit Files
Raleigh Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10 % post -consumer paper
E OF NORTH C A
Department of Environment and Natural Resources
Raleigh Regional Office
3800 Barrett Drive
Raleigh, North Carolina 27609
919-571-4700
He Access Record
SECTION
DATE
NAME
REPRESENTING
Guidelines for Access: The staff of the Raleigh Regional Office is dedicated to making
public records in our custody readily available to the public for review and copying. We
also have the responsibility to the public to safeguard these records and to carry out our
day-to-day program obligations. Please read carefully the following guidelines before
signing the form:
1. Please call for an appointment with Charlene Stephens, extension 241.
Appointments will be scheduled between 10:30 a.m. and 3 30 o m Tuesd
through Thursday. Viewing time ends at 4:00 p.m.
You must specify files you want to review by facility name, address or incident
number. The number of files that you may review at one time will be limited to
five.
3. You may make copies of a file when the copier is not in use by the staff and if
time permits. Cost per copy is 10 cents for ALL copies if you make more than 25
copies -there is no charge for less than 25 copies: payment may also be made b
check, money order, or cash at the reception desk. Your company can also be
invoiced.
4. FILES MUST BE KEPT IN THE ORDER YOU FOUND THEM. Files may
not be taken from the office. To remove, alter, deface, mutilate, or destroy
material in one of these files is a misdemeanor for which you can be fined up to
$500.00.
5. In accordance with General Statute 25-3-506, a $25.00 processing fee will be
charged and collected for checks on which payment has been refused.
2.
3.
4.
5.
Facility Name 1..,,ident- �„o� County
G K Q Q� mg g000t55 4,A. Cam_
A'44_��
9:1S_ a vL/
Signature /Da e Time In / Time Out
Please attach a business card if possible
2006 MSGP
Table D-I. Sectors of Industrial Activity Covered by This Permit
SIC Code or t
Activity Codc
Activity Represented
3951-3955
Pens, Pencils, and Other Artists' Materials
(except3952
facilities as
specified in
Sector C)
3961, 3965
Costume Jewelry, Costume Novelties, Buttons, and Miscellaneous Notions, Except
Precious Metal
3991-3999
j Miscellaneous Manufacturing Industries
SECTOR Z: LEATHER TANNING AND FINISHING
3111
Leather Tanning and Finishing
SECTOR AA: FABRICATED METAL PRODUCTS
3411-3499
Fabricated Metal Products, Except Machinery and Transportation Equipment, and
Coating, Engraving, and Allied Services.
3911-3915
Jewelry, Silverware, and Plated Ware
SECTOR AB: TRANSPORTATION EQUIPMENT, INDUSTRIAL OR COMMERCIAL
MACHINERY
3511-3599
Industrial and Commercial Machinery, Except Computer and Office Equipment (see
(except 3 5 7 1 -
Sector AC)
3579)
'371.1-3799
Transportation Equipment Except Ship and Boat Building and Repairing (see Sector R)
(except 3731,
3732)
SECTOR AC: ELECTRONIC, ELECTRICAL, PHOTOGRAPHIC, AND OPTICAL GOODS
3571-3579
Computer and Office Equipment
3612-3699
Electronic and Electrical Equipment and Components, Except Computer Equipment
3812-3873
Measuring, Analyzing, and Controlling Instruments; Photographic and Optical Goods,
Watches, and Clocks
SECTOR AD: NON -CLASSIFIED FACILITIES
N/A
Other stormwater discharges designated by the Director as needing a permit (see 40
CFR 122.26(a)(9)(i)(C) & (D)) or any facility discharging stormwater associated with
industrial activity not described by any of Sectors A -AC. NOTE: Facilities may not
elect to be covered under Sector AD. Only the Director may assign a facility to Sector
AD.
' A complete list of SIC Codes (and conversions from the newer North American Industry Classification System"
(NAICS)) can be obtained from the Internet at www.census.eov/epcd/www/naics.html or in paper form from
various locations in the document titled Handbook of Standard Industrial Classifications, Office of Management
and Budget, 1987.
Appendix D - D-6
I
2006 MSGP
Part 4 - Sector -Specific Requirements for Industrial Activity
Subsection AB - Sector AB -Transportation Equipment, Industrial and Commercial
Machinery
ABA Covered Stormwater Discharges.
The requirements in Subsection AB apply to stormwater discharges associated with
industrial activity from transportation equipment, industrial or commercial machinery facilities
as identified by the Activity Code specified under Sector AB in Table D-I of Appendix D of the
permit.
AB.2 Industrial Activities Covered by Sector AB.
Permittees under Sector AB are primarily engaged in the following types of activities:
A13.2.1 Industrial and commercial machinery (except computer and office equipment) (see
Sector AC) and
AB.2.2 Transportation equipment (except ship and boat building and repairing) (see Sector R);
AB.3 Stormwater Pollution Plan (SWPPP) Requirements.
In addition to the following requirements, you must also comply with the requirements
listed in Part 2 of the permit.
AB.3.1 Drainage Area Site Map. (See also Part 2.1.2) Identify where any of the following may
be exposed to precipitation or surface runoff: vents and stacks from metal processing
and similar operations.
AB.3.2 Non-Stormwater Discharges. (See also Part 2.1.4.5) If your facility has a separate
NPDES permit (or has applied for a permit) authorizing discharges of wastewater,
attach a copy of the permit (or the application) to your SWPPP. Any new wastewater
permits issued or reissued to you must then replace the old one in your SWPPP. If you
discharge wastewater, other than solely domestic wastewater, to a Publicly Owned
Treatment Works (POTW), you must notify the POTW of the discharge (identify the
types of wastewater discharged, including any stormwater). As proof of this
notification, attach to your SWPPP a copy of the permit issued to your facility by the
POTW or a copy of your notification to the POTW.
Part 4 — Sector AB
161
r--
2006 MSGP
ABA Monitoring and Reporting Requirements. (See also Part 3 of the permit.)
Table AB-1. Sector -specific Numeric Effluent Limitations and Benchmark Monitoring
Subsector
Benchmark
Effluent
(Discharges may be subject to requirements
Parameter
Monitoring
Limitation
for more than one sector/subsector)
Concentration[
Guidelines
Transportation Equipment, Industrial, or
Total Suspended
100 mg/L
Commercial Machinery (SIC 3511-3599, except
Solids (TSS)
3571-3579, 371 L'-3799, except 3731 and 3732)
You most monitor quarterly in the first year of your coverage for each benchmark parameter (see Part 3.2.2.1). For
each parameter, no additional benchmark monitoring is required if the average of your 4 monitoring values does not
exceed the benchmark (see Part 3.2.2.3). However, for each parameter there are additional requirements if the
average of your four monitoring values exceeds the benchmark (see Part 3.2.2.4).
Part 4 — Sector AB 162
2006 MSGP
Part 4 - Sector -Specific Requirements for Industrial Activity
Subsection AC - Sector AC -Electronic and Electrical Equipment and Components,
Photographic and Optical Goods.
ACA Covered Stormwater Discharges.
The requirements in Subsection AC apply to stormwater discharges associated with
industrial activity from facilities that manufacture electronic and electrical equipment and
components, photographic and optical goods as identified by the SIC Codes specified in Table
D-1 of Appendix D of the permit.
AC.2 Industrial Activities Covered by Sector AC.
Permittees under Sector AC are primarily engaged in the manufacturing of the following
types of products:
AC.2.1 measuring, analyzing, and controlling instruments;
AC.2.2 photographic, medical, and optical goods;
AC.2.3 watches and clocks;
AC.2.4 computer and office equipment; and
AC.2.5 electrical and electronic equipment and components.
AC.3 Stormwater Pollution Prevention Plan (SWPPP) Requirements.
No additional sector -specific requirements apply.
Part 4 — Sector AC 163
Proposed 2006 MSGP
ACA Monitoring and Reporting Requirements. (See also Part 3 of the permit.)
Table AC-1. Sector -specific Numeric Effluent Limitations and Benchmark Monitoring
Subsector
(Discharges may be subject to
Benchmark
Effluent
requirements for more than one
Parameter
Monitoring
Concentration[
Limitation
Guidelines
sector/subsector)
Electronic, Electrical, Photographic,
Total Suspended
100 mg/L
and Optical Goods (SIC 3571-3579,
Solids (TSS)
3812-3873)
Electronic and Electrical Equipment
Total Suspended
100 mg/L
and Components, except Computers
Solids (TSS)
(SIC 3612-3699)
Total Recoverable
0.014 mg/L
Copper
Total Recoverable
0.082 mg/L
Lead
'You must monitor quarterly in the first year of your coverage for each benchmark parameter (see Part 3.2.2.1). For
each parameter, no additional benchmark monitoring is required if the average of your 4 monitoring values does not
exceed the benchmark (see Part 3.2.2.3). However, for each parameter there are additional requirements if the
average of your four monitoring values exceeds the benchmark (see Part 3.2.2.4).
z The benchmark value of copper is determined as a function of hardness (in units of mgfL) in the water column.
The value given in Table AC-1 (i.e. 0.014 mg/L) corresponds to a hardness of 100 mg/L and should be used if you
either did not analyze water hardness, other hardness data are not available, or the water hardness is less than 100
mg/L. If a laboratory analysis indicates that the water hardness is below 100 mg/L, then you should use the
benchmark for 100 mg/L. If a laboratory analysis indicates that the water hardness is greater than 100 mg/L, then the
following equation may be used to determine the benchmark value for copper:
Benchmark = (e [(0.9422)(In hardness) - 1.700] )/1000
Example. Laboratory analysis of your water sample indicates the hardness is 175 mg/L.
[(0.9422)(In 175) - 1.700]
Benchmark = (e )/ I000
_ (c3.166)/1000
= 23.72/1000
= 0.024 mg/L
The following are example benchmark values for copper:
Hardness (mg/L) Benchmark value (melL)
100 0.014
125
0.017
150
0.021
175
0.024
200
0.027
225
0.030
250
0.033
Part 4 - Sector AC 164
A
2006 MSGP
' The benchmark value of lead is determined as a function of hardness (in units of mg/L) in the water column. The
value given in Table AC-1 (i.e. 0.082 mg/L) corresponds to a hardness of 100 mg/L and should be used if you either
did not analyze water hardness, other hardness data are not available, or the water hardness is less than 100 mg/L. If
a laboratory analysis indicates that the water hardness is below 100 mg/L, then you should use the benchmark for
100 mg/L. If a laboratory analysis indicates that the water hardness is greater than 100 mg/L, then the following
equation may be used to determine the benchmark value for lead:
Benchmark = (e [(1.273)(In hardness) — 1.460] )/1000
Example. Laboratory analysis of your water sample indicates the hardness is 175 mg/L.
Benchmark = (e [(1.273)(ln 175) — 1.460] )/1000
_ (e5.1148)/1000
= 166.46/1000
= 0.17 mg/L
The following are example benchmark value for lead:
Hardness (mg!L)
100
125
150
175
200
Part 4 — Sector AC
225
250
Benchmark value (mg/L)
0.082
0.11
0.14
0.17
0.20
0.23
0.26
165
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Ms. Beth Palma
GKN Automotive, Inc.
4901 Womack Road
Sanford, NC 27330
Dear Ms. Palma:
jai
NCO`ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 14, 2000
Subject: Permit No. NCS000155
GKN Automotive, Inc.
Lee County
In response to your renewal application for continued coverage under NPDES stormwater
permit NCS000155 the Division of Water Quality (DWQ) is forwarding herewith the subject
state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina
General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the
US Environmental Protection agency dated December 6, 1983.
Please note that the Division has revised the analytical monitoring strategy for individual
stormwater permits. Based on a review of the permit monitoring data received to date, the
analytical monitoring measurement frequencies have been changed and cut-off concentrations
have been removed. These changes will be implemented for all second term individual
stormwater permits with analytical monitoring requirements. For those permits with analytical
monitoring requirements, Part II - Monitoring, Controls, and Limitations for Permitted
Discharges has been modified to reflect the change in monitoring strategy.
The qualitative monitoring strategy remains the same as the first term of the permit.
Please note that the semi-annual qualitative monitoring is a requirement of the permit. Failure to
complete the monitoring as required is a violation of the permit and any permit noncompliance
constitutes a violation of the Clean Water Act. Reference Part III, Section A, Item 2 'Duty to
Comply", Item 9 'Penalties for Tampering " and Item 10 "Penalties for Falsification of Reports"
of your permit for further information.
If any parts, measurement frequencies or sampling requirements contained in this permit
are unacceptable to you, you have the right to an adjudicatory hearing upon written request
within thirty (30) days following receipt of this letter. This request must be in the form of a
written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina
27611 -7447. Unless such demand is made, this decision shall be final and binding.
Please take notice this permit is not transferable. Part III, B.2. addresses the requirements
to be followed in case of change in ownership or control of this discharge.
1617 Mail service center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
Page 2
This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Environmental Management or permits required by the Division of
Land Resources, Coastal Area Management Act or any other Federal or Local governmental
permit that may be required.
If you have any questions concerning this permit, please contact Aisha Lau at telephone
number 919/733-5083 ext. 578.
Sincerely,
ORIGINAL SIGNED BY
WILLIAM C. MILLS
for Kerr T. Stevens
cc: Mr. Roger O. Pfaff, EPA
Raleigh Regional Office
Stormwater and General Permits Unit
Central Files
NCS000155
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
GKN Automotive, Inc.
is hereby authorized to discharge stormwater from a facility located at
GKN Automotive, Inc.
4901 Womack Road
Sanford, NC
Lee County
to receiving waters designated as Buffalo Creek, a class C stream, in the Cape Fear River Basin
in accordance with the discharge limitations, monitoring requirements, and other conditions set
forth in Parts I, II, III, IV, V and VI hereof.
This permit shall become effective May 1, 2000
This permit and the authorization to discharge shall expire at midnight on April 30, 2005
Signed this day April 14. 2000
ORIGINAL SIGNED BY
WILLIAM C. MILLS
for Kerr T. Stevens, Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCS000155
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stoimwater Pollution Prevention Plan
Section B: Qualitative Monitoring Requirements
Section C: On -Site Vehicle Maintenance Monitoring Requirements
PART III STANDARD CONDITIONS
Section A: Compliance
and Liability
1.
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
5.
Oil and Hazardous Substance Liability
6.
Property Rights
7.
Severability
8.
Duty to Provide Information
9.
Penalties for Tampering
10.
Penalties for Falsification of Reports
Section B: General Conditions
1. Individual Permit Expiration
2. Transfers
3. Signatory Requirements
Permit No. NCSo00155
4. Individual Permit Modification, Revocation and Reissuance, or
Termination
5. Permit Actions
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Bypass
8.
Twenty-four Hour Reporting
9.
Other Noncompliance
10.
Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
Permit No. NCS000155
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge stormwater associated with industrial activity. Such
discharges shall be controlled, limited and monitored as specified in this permit.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system which has
been adequately treated and managed in accordance with the terms and conditions of this
individual permit. All discharges shall be in accordance with the conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization or approval.
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 I of 2
Permit No. NCS000155
SECTION C: LOCATION MAP
7
269
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Part I PaLe 2 (11'2
Permit No. NCS000155
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as
the Plan. This Plan shall be considered public information in accordance with Part III, Standard
Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a
minimum, the following items:
1. Site Plan. The site plan shall provide a description of the physical facility and the
potential pollutant sources which may be expected to contribute to contamination of
stormwater discharges. The site plan shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted
equivalent map), showing the facility's location in relation to transportation
routes and surface waters, the name of the receiving water(s) to which the
stormwater outfall(s) discharges, or if the discharge is to a municipal separate
storm sewer system, the name of the municipality and the ultimate receiving
waters; and accurate latitude and longitude of the point(s) of discharge.
(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.
(c) A site map drawn to scale with the distance legend indicating location of
industrial activities (including storage of materials, disposal areas, process areas
and loading and unloading areas), drainage structures, drainage areas for each
outfall and activities occurring in the drainage area, building locations, existing
BMPs and impervious surfaces, and the percentage of each drainage area that is
impervious. For each outfall, a narrative description of the potential pollutants
which could be expected to be present in the stormwater discharge.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the 3 previous years and any corrective actions taken to mitigate spill
impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in
accordance with the requirements found in Part III, Standard Conditions, Section
B, Paragraph 3.
2. Stormwater Management Plan. The stormwater management plan shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stormwater, including structural and
Part 11 Page 1 of 5
Permit No. NCS000155
nonstructural measures. The stormwater management plan, at a minimum, shall
incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to stormwater. Wherever practical, the permittee shall
prevent exposure of all storage areas, material handling operations, and
manufacturing or fueling operations. In areas where elimination of exposure is
not practical, the stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.
(b) Secondary Containment Schedule. A schedule to provide secondary containment
for bulk storage of liquid materials, storage of Section 313 of Title III of the
Superfund Amendments and Reauthorization Act (SARA) water priority
chemicals, or storage of hazardous substances to prevent leaks and spills from
contaminating stormwater runoff. If the secondary containment devices are
connected directly to stormwater conveyance systems, the connection shall be
controlled by manually activated valves or other similar devices [which shall be
secured with a locking mechanism] and any stormwater that accumulates in the
containment area shall be at a minimum visually observed for color, foam, outfall
staining, visible sheens and dry weather flow, prior to release of the accumulated
stormwater. Accumulated stormwater shall be released if found to be
uncontaminated by the material stored within the containment area. Records
documenting the individual making the observation, the description of the
accumulated stormwater and the date and time of the release shall be kept for a
period of five years.
(c) BMP Summary. A narrative description shall be provided of Best Management
Practices (BMPs) to be considered such as, but not limited to, oil and grease
separation, debris control, vegetative filter strips, infiltration and stormwater
detention or retention, where necessary. The need for structural BMPs shall be
based on the assessment of potential of sources to contribute significant quantities
of pollutants to stormwater discharges and data collected through monitoring of
stormwater discharges.
3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel (or team) responsible for implementing the.
SPRP shall be identified. A responsible person shall be on -site at all times during facility
operations that have the potential to contaminate stormwater runoff through spills or
exposure of materials associated with the facility operations. The SPRP must be site
stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may
not be sufficient to completely address the stormwater aspects of the SPRP. The commor
elements of the SPCC with the SPRP may be incorporated by reference into the SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance program shall be developed. The program shall document schedules of
inspections and maintenance activities of stormwater control systems, plant equipment
Part 11 Page 2 of 5
Permit No. NCS000155
and systems. Inspection of material handling areas and regular cleaning schedules of
these areas shall be incorporated into the program.
i. Employee Training. Training schedules shall be developed and training provided at a
minimum on an annual basis on proper spill response and cleanup procedures and
preventative maintenance activities for all personnel involved in any of the facility's
operations that have the potential to contaminate stormwater runoff. Facility personnel
(or team) responsible for implementing the training shall be identified.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position assignments provided.
7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. The Stormwater Pollution
Prevention Plan shall be reviewed and updated on an annual basis.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes
have been made.
8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on
at least a semiannual schedule, once in the fall (September -November) and once in the
spring (April - June). The inspection and any subsequent maintenance activities
performed shall be documented, recording date and time of inspection, individual(s)
making the inspection and a narrative description of the facility's stormwater control
systems, plant equipment and systems. Records of these inspections shall be
incorporated into the Stormwater Pollution Prevention Plan.
Stormwater discharge characteristic monitoring as required in Part 11 of this permit shall
be performed in addition to facility inspections.
9. Implementation. The permittee shall document all monitoring, measurements,
inspections and maintenance activities and training provided to employees, including the
log of the sampling data and of activities taken to implement BMPs associated with the
industrial activities, including vehicle maintenance activities. Such documentation shall
be kept on -site for a period of five years and made available to the Director or his
authorized representative immediately upon request.
Part 11 Page 3 of 5
Permit No. NCS000155
SECTION B: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status and shall be performed as specified below in Table 1. Qualitative
monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution
Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests
are required. Qualitative monitoring of stormwater outfalls does not need to be performed during
a representative storm event.
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 Stormwater Pollution Prevention
Plan.
All qualitative monitoring will be performed twice per year, once in the spring (April - June) and
once in the fall (September - November).
Table 1. Oualitative Monitoring Requirements
Discharge Characteristics
Frequency
Monitoring
Location]
Color
Semi -Annual
SDO
Odor
Semi -Annual
SDO
Clarity
Semi -Annual
SDO
Floating Solids
Semi -Annual
SDO
Suspended Solids
Semi -Annual
SDO
Foam
Semi -Annual
SDO
Oil Sheen
Semi -Annual
SDO
Other obvious indicators
of stormwater pollution
Semi -Annual
SDO
Footnotes:
Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO)
regardless of representative outfall status.
SECTION C: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity occurring on -site which uses more than
55 gallons of new motor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified below in Table 2. This monitoring shall be performed at all
outfalls which discharge stormwater runoff from vehicle maintenance areas.
All analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in a minimum of 4 analytical samplings being conducted over the term of
Part 11 Page 4 of 5
Permit No. NCS000155
the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from
vehicle maintenance areas. The permittee shall complete the minimum 4 analytical samplings in
accordance with the schedule specified in Table 3.
Tat,ta 2 Annlvtical Monitoring_ Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
Units— ,
Measurement
Sample
Sample
Frequencyl
Ty e2
Location3
FT
standard
Quarterly- 0 year
Grab
SDO
Oil and Grease
to /l
Quarterly- 0 year
Grab
SDO
Total suspended Solids
m I
Quarterly- 4' year
Grab
SDO
New Motor Oil Usage
allons/month
Quarterly- 4' year
Estimate
Total Flow4
MG
Quarterly- 4`" year
Grab
SDO
Footnotes:
1 Measurement Frequency: Once per quarter during the 4' year of the permit term. A year is defined as the 12
month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring
periods.
2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response
to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative
monitoring shall be performed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur.
4 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall,
the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement
of flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the rainfall event
measured shall result from the sampled representative storm event.
Tnhip A Monitorinp schedule
Monitoring period
Sample Number
Start
End
Year 4 - I" quarter
I
May 1, 2003
July 31, 2003
Year 4 - 2° quarter
2
August 1, 2003
October 31, 2003
Year 4 - 3" quarter
3
November 1, 2003
January 31, 2004
Year 4 - 4"' quarter
4
February 1, 2004
April 30, 2004
Part 11 Page 5 of 5
Permit No. NCS000155
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL
PERMITS
SECTION A: COMPLIANCE AND LIABILITY
1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater
discharges in accordance with the following schedule:
Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and
implemented within 12 months of the effective date of the initial permit and updated
thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A,
Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective
date of the initial permit issuance.
Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and
implemented prior to the beginning of discharges from the operation of the industrial
activity and be updated thereafter on an annual basis. Secondary containment, as
specified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior
to the beginning of discharges from the operation of the industrial activity.
2. Duty to Comply
The permittee must comply with all conditions of this individual permit. Any permit
noncompliance constitutes a violation of the Clean Water Act and is grounds for
enforcement action; for permit termination, revocation and reissuance, or modification; or
denial of a permit upon renewal application.
a. The permittee shall comply with standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants within the time
provided in the regulations that establish these standards or prohibitions, even if
the permit has not yet been modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is
subject to a civil penalty not to exceed $25,000 per day for each violation. Any
person who negligently violates any permit condition is subject to criminal
penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more
than 1 year, or both. Any person who knowingly violates permit conditions is
subject to criminal penalties of $5,000 to $50,000 per day of violation, or
imprisonment for not more than 3 years, or both. Also, any person who violates a
permit condition may be assessed an administrative penalty not to exceed $10,000
per violation with the maximum amount not to exceed $125,000. [Ref: Section
309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
Part III Page I of 10 Pages
Permit No. NCSOOO155
Under state law, a daily civil penalty of not more than ten thousand dollars
($10,000) per violation may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit. [Ref:
North Carolina General Statutes 143-215.6A]
d. Any person may be assessed an administrative penalty by the Director for
violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act. Administrative penalties for Class I violations are not to
exceed $10,000 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $25,000. Penalties for Class II violations are not to exceed
$10,000 per day for each day during which the violation continues, with the
maximum amount of any Class II penalty not to exceed $125,000.
3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this individual permit which has a reasonable likelihood of adversely
affecting human health or the environment.
4. Civil and Criminal Liability
Except as provided in Part III, Section C of this permit regarding bypassing of stormwater
control facilities, nothing in this individual permit shall be construed to relieve the
permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to
NCGS 143-215.3, 143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act,
33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such
as fish kills, even though the responsibility for effective compliance may be temporarily
suspended.
Oil and Hazardous Substance Liability
Nothing in this individual 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 individual permit does not convey any property rights in either real or
personal property, or any exclusive privileges, nor does it authorize any injury to private
property or any invasion of personal rights, nor any infringement of Federal, State or local
laws or regulations.
Part III Page 2 of 10 Pages
Permit No. NCS000155
Severability
The provisions of this individual permit are severable, and if any provision of this
individual permit, or the application of any provision of this individual permit to any
circumstances, is held invalid, the application of such provision to other circumstances,
and the remainder of this individual permit, shall not be affected thereby.
8. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the permit issued pursuant to this individual permit
or to determine compliance with this individual permit. The permittee shall also furnish
to the Director upon request, copies of records required to be kept by this individual
permit.
9. Penalties for Tamperine
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
individual permit shall, upon conviction, be punished by a fine of not more than $10,000
per violation, or by imprisonment for not more than two years per violation, or by both.
If a conviction of a person is for a violation committed after a first conviction of such
person under this paragraph, punishment is a fine of not more that $20,000 per day of
violation, or by imprisonment of not more than 4 years, or both.
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this individual permit, including monitoring reports or reports of
compliance or noncompliance shall, upon conviction, be punished by a fine of not more
than $10,000 per violation, or by imprisonment for not more than two years per violation,
or by both.
SECTION B: GENERAL CONDITIONS
Individual Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall
submit forms and fees as are required by the agency authorized to issue permits no later
than 180 days prior to the expiration date. Any permittee that has not requested renewal
at least 180 days prior to expiration, or any permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration, will be
Part III Page 3 of 10 Pages
Permit No. NCS000155
subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC
1251 et. seq.
2. Transfers
This permit is not transferable to any person except after notice to and approval by the
Director. The Director may require modification or revocation and reissuance of the
permit to change the name and incorporate such other requirements as may be necessary
under the Clean Water Act. Permittee is required to notify the Division in writing in the
event the permitted facility is sold or closed.
3. Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed and
certified.
a. All applications to be covered under this individual permit shall be signed as
follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of
this Section, a responsible corporate officer means: (a) a president,
secretary, treasurer or vice president of the corporation in charge of a
principal business function, or any other person who performs similar
policy or decision making functions for the corporation, or (b) the manager
of one or more manufacturing production or operating facilities employing
more than 250 persons or having gross annual sales or expenditures
exceeding 25 million (in second quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the
proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a
principal executive officer or ranking elected official.
All reports required by the individual permit and other information requested by
the Director shall be signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having
responsibility for the overall operation of the regulated facility or activity,
such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or
position having overall responsibility for environmental matters for the
Part III Page 4 of 10 Pages
Permit No. NCS000155
company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Director.
C. Any person signing a document under paragraphs a. or b. of this section shall
make the following certification:
"I certify, under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing
violations."
4. Individual Permit Modification, Revocation and Re1SSllance, or Termination
The issuance of this individual permit does not prohibit the Director from reopening and
modifying the individual permit, revoking and reissuing the individual permit, or
terminating the individual 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.
5. Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any
individual permit condition.
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 individual permit. Proper
operation and maintenance also includes adequate laboratory controls and appropriate
Part III Page 5 of 10 Pages
Permit No. NCS000155
quality assurance procedures. This provision requires the operation of back-up or
auxiliary facilities or similar systems which are installed by a permittee only when the
operation is necessary to achieve compliance with the conditions of this individual
permit.
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 individual permit.
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
C. The permittee submitted notices as required under, Part III, Section E of this
permit.
If the Director determines that it will meet the three conditions listed above, the Director
may approve an anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of
the volume and nature of the permitted discharge. Analytical sampling shall be
performed during a representative storm event. Samples shall be taken on a day and time
that is characteristic of the discharge. All samples shall be taken before the discharge
joins or is diluted by any other waste stream, body of water, or substance. Monitoring
points as specified in this permit shall not be changed without notification to and
approval of the Director.
Part III Page 6 of 10 Pages
Permit No. NCS000155
>_. Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected
pursuant to the requirements of this individual permit, the permittee shall record the
following information:
a. The date, exact place, and time of sampling, measurements, inspection or
maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection or
maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
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 individual permit, all test procedures
must produce minimum detection and reporting levels and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure.
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.
Part III Page 7 of 10 Pages
Permit No. NCS000155
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with
the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall
also be maintained on -site. The permittee shall retain records of all monitoring
information, including all calibration and maintenance records and all original strip chart
recordings for continuous monitoring instrumentation, and copies of all reports required
by this individual permit for a period of at least 5 years from the date of the sample,
measurement, report or application. This period may be extended by request of the
Director at any time.
Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this
individual permit;
b. Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this individual permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this
individual permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring individual
permit compliance or as otherwise authorized by the Clean Water Act, any
substances or parameters at any location.
SECTION E: REPORTING REQUIREMENTS
Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the
Division on Discharge Monitoring Report forms provided by the Director. Submittals
shall be received by the Division no later than 30 days from the date the facility receives
the sampling results from the laboratory.
Part III Page 8 of 10 Pages
Permit No. NCS000155
2. Submitting Reports
Duplicate signed copies of all reports required herein, shall be submitted to'the following
address:
Division of Water Quality
Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms
shall be available for public inspection at the offices of the Division of Water Quality. As
required by the Act, analytical data shall not be considered confidential. Knowingly
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 individual permit coincides with a
non-stormwater discharge, the permittee shall separately monitor all parameters as
required under the non-stormwater discharge permit and provide this information with the
stormwater discharge monitoring report.
Planned Chances
The permittee shall give notice to the Director as soon as possible of any planned changes
at the permitted facility which could significantly alter the nature or quantity of pollutants
discharged. This notification requirement includes pollutants which are not specifically
listed in the individual permit or subject to notification requirements under 40 CFR Pan
122.42 (a).
Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes
at the permitted facility which may result in noncompliance with the individual permit
requirements.
Bypass
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.
Part III Page 9 of 10 Pages
Permit No. NCS000155
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of
becoming aware of an unanticipated bypass.
8. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour
reporting at the time monitoring reports are submitted.
10. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in an
application for an individual permit or in any report to the Director, it shall promptly
submit such facts or information.
Part III Page 10 of 10 Pages
Permit No. NCS000155
PART IV LIMITATIONS REOPENER
This individual permit shall be modified or alternatively, revoked and reissued, to comply with
any applicable effluent guideline or water quality standard issued or approved under Sections
302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or
water quality standard so issued or approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in
the individual permit; or
b. Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this paragraph shall also contain any other
requirements in the Act then applicable.
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in timely manner in accordance with
15A NCAC 2H..0105(b)(4) may cause this Division to initiate action to revoke the Individual
Permit.
PART VI DEFINITIONS
Act
See Clean Water Act.
2. Arithmetic Mean
The arithmetic mean of any set of values is the summation of the individual values
divided by the number of individual values.
3. Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be
allowed in the stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
Parts IV, V and VI Page I of 6
Permit No. NCS000155
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate
without added chemicals, springs, discharges of uncontaminated potable water,
waterline and fire hydrant flushings, water from footing drains, flows from
riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training.
Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs may take the form of a process, activity, or physical structure.
5. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control
facility including the collection system, which is not a designed or established operating
mode for the facility.
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. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
8. Division or DWQ
The Division of Water Quality, Department of Environment and Natural Resources.
Director
The Director of the Division of Water Quality, the permit issuing authority.
10. EMC
The North Carolina Environmental Management Commission.
11. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge.
Part VI Page 2 of 6 Pages
Permit No. NCS000155
12. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean
Water Act.
13. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and
which is not a land treatment facility, a surface impoundment, an injection well, a
hazardous waste long-term storage facility or a surface storage facility.
14. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such
as a city or town.
15. Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral
deposit, excluding topsoil or similar naturally -occurring surface materials that are not
disturbed by mining operations.
16. Permittee
The owner or operator issued a permit pursuant to this individual permit.
17. Point Source Discharee 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.
18. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72
hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm
event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2
hours without producing any collectable discharge, and then stops, a sample may be collected if a
rain producing a discharge begins again within the next 10 hours.
19. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is
representative of the discharges at multiple outfalls, the DWQ may grant representative
outfall status. Representative outfall status allows the permittee to perform analytical
monitoring at a reduced number of outfalls.
Part VI Page 3 of 6 Pages
Permit No. NCS000155
20. Rinse Water Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial
activity. Rinse waters from vehicle and equipment cleaning areas are process
wastewaters and do not include washwaters utilizing any type of detergent or cleaning
agent.
21. 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.
22. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency
Planning and Community Right -to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III,
Section 313 reporting requirements; and
That meet at least one of the following criteria:
(1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic
priority pollutants), Table III (certain metals, cyanides, and phenols) or
Table W (certain toxic pollutants and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the
CWA at 40 CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality
criteria.
23. Severe Property Damage
Means substantial physical damage to property, damage to the control facilities which
causes them to become inoperable, or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of,a bypass. Severe property
damage does not mean economic loss caused by delays in production.
24. 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
Part VI Page 4 of 6 Pages
Permit No. NCS000155
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.
25. Sienificant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of
reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and
CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4).
26. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
27. 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.
28. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce
stormwater pollution and is based on an evaluation of the pollution potential of the site.
29. Ten Year Design Storm
The maximum 24 hour precipitation event expected to be equaled or exceeded on the
averaee once in ten years. Design storm information can be found in the State of North
Carolina Erosion and Sediment Control Planning and Design Manual.
30. Total Flow
The flow corresponding to the time period over which the entire storm event occurs.
Total flow shall be either; (a) measured continuously, (b) calculated based on the amount
of area draining to the outfall, the amount of built -upon (impervious) area, and the total
amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals
during the rainfall event.
31. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Part VI Page 5 of 6 Pages
Permit No. NCS000155
32. Upset
Means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors
beyond the reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment
or control facilities, inadequate treatment or control facilities, lack of preventive
maintenance, or careless or improper operation.
33. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning
operations, or airport deicing operations.
34. 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.
35. 25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the
average, once in 25 years.
Part VI Page 6 of 6 Pages
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
November 7, 1994
Ms. Sandra Kennerly
GKN Automotive Components Inc.
4901 Womack Rd.
Sanford, NC 27330
Subject: Permit No. NCS000155
GKN Automotive Components, Inc.
Lee County
Dear Mr. Kenncrly:
In accordance with your application for a stormwater discharge permit received on October
28, 1992, we are forwarding herewith the subject state - NPDES permit. This permit is issued
pursuant to the requirements of North Carolina General Statute 143-215 .1 and the A4emorandum
of Agreement between North Carolina and the US Environmental Protection agency dated
December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings, Post Office Drawer 27447. Raleigh. North Carolina 27611
-7447. Unless such demand is made, this decision shall be final and binding.
Please take notice this permit is not transferable- Part II, B.2. addresses the requirements to
be followed in case of change in ownership or control of this discharge.
This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Environmental Management or permits required by the Division of
Land Resources, Coastal Area Management Act or any other Federal or Local governmental
permit that may be required.
If you have any questions concerning this permit, please contact Steve Ulmer at telephone
number 919/733-5083.
Sincerely,
Original Signed q9
Coleen H. Suilms
A. Preston Howard, Jr, P. E.
cc: Mr. Jim Patrick, EPA
Raleigh Regional Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportun"y Affirmative Action Ernp:3yer 51"61l1q,lad; 1316 PZf-co:Isumar pap�t
h
COPIES OF PERMIT ARE TO BE SENT TO THE
FOLLOWING:
SIGNED ORIGINAL TO THE APPLICANT
SIGNED COPY TO CENTRAL FILES
COPY TO REGIONAL OFFICE
Copy To EPA
COPY To P & E FILE
COPY TO COMPLIANCE (NO BP)
_ COPY TO WAKE COUNTY
_ COPY TO MECKLENBURG COUNTY
_ COPY TO ESB
COPY TO TRAINING & CERT. (No BP)
Permit No. NCS000155
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management Commission,
and the Federal Water Pollution Control Act, as amended.
GKN Automotive Components, Inc.
is hereby authorized to discharge stormwater from a facility located at
GKN Automotive Components, Inc.
4901 Womack Road
Sanford
Lee County
to receiving waters designated as Buffalo Creek, a class C stream, in the Cape Fear River Basin
in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in
Parts I,11, III, and IV hereof.
This permit shall become effective December 1, 1994.
This permit and the authorization to discharge shall expire at midnight on November 30, 1999.
Signed this day November 7, 1994.
A. Preston Howard, Jr., P.E.. Director
Division of Environmental Management
By the Authority of the Environmental Management Commission
Permit No. NCS000155
PERMITTED ACFIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system which has been
adequately treated and managed in accordance with the terms and conditions of this Permit. All
discharges shall be in accordance with the attached schedules as follows:
Part I: Monitoring, Controls, and Limitations for Permitted Discharges
Part II: Standard Conditions for NTPDES Stormwater Permits
Part III: Limitations Reopener
Part IV: Administering and Compliance Monitoring Fee Requirements
Any other point source discharge to surface waters of the state is prohibited unless covered by
another permit, authorization or approval.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgement, or decree.
Page 2
Permit No. NCS000155
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Permit No. NCS000155
PART I
MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
ECTION A• FINAL LIMITATIONS AND CONTROLS FOR STORMWATFR DISCHARGE
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge stormwater associated with industrial activity. Such
discharges shall be controlled, limited and monitored as specified below.
1. Stormwater Pollution Prevention Plan
The Pertrittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the
Plan. This Plan shall be considered public information in accordance with Part II, Standard
Conditions, Section E.8. of this permit. The Plan shall include, at a minimum, the.following
items:
a. Site Plan. The site plan shall provide a description of the physical facility and the potential
pollutant sources which may be expected to contribute to contamination of stormwater
discharges. The site plan shall contain the following:
(1) A general location map (USGS quadrangle map or appropriately drafted equivalent
map),.showing the facility's location in relation to transportation routes and surface
waters, the name of the receiving water(s) to which the stormwater outfall(s)
discharges, or if the discharge is to a municipal separate storm sewer system, the
name of the municipality and the ultimate receiving waters; and accurate latitude
and longitude of the point(s) of discharge.
(2) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices.
(3) A site map drawn to scale with the distance legend indicating location of industrial
activities (including storage of materials, disposal areas, process areas and loading
and unloading areas), drainage structures, drainage areas for each outfall and
activities occurring in the drainage area, building locations and impervious surfaces,
and the percentage of each drainage area that is impervious. For each outfall, a
narrative description of the potential pollutants which could be expected to be
present in the stormwater discharge.
(4) A list of significant spills or leaks of pollutants that have occurred at the facility
during the 3 previous years and any corrective actions taken to mitigate spill
impacts.
(5) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in
accordance with the requirements found in Part II, Standard Conditions, Section
B.9.
Page 4
Permit No. NCS000155
b. Stormwater Management Plan. The stormwater management plan shall contain a narrative
description of the materials management practices employed which control or minimize the
exposure of significant materials to stormwater, including structural and nonstructural
measures. The stormwater management plan, at a minimum, shall incorporate the
following:
(1) A study addressing the technical and economic feasibility of changing the methods
of operations and/or storage practices to eliminate or reduce exposure of materials
and processes to stormwater. Wherever practicable the permittee shall cover all
storage areas, material handling operations, manufacturing or fueling operations to
prevent materials exposure to stormwater. In areas where elimination of exposure
is not practicable, the stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.
(2) A schedule to provide secondary containment for bulk storage of liquid materials,
storage of Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) water priority chemicals, or storage of hazardous
materials to prevent leaks and spills from contaminating stormwater runoff. If the
secondary containment devices are connected directly to stormwater conveyance
systems, the connection shall be controlled by manually activated valves or other
similar devices [which shall be secured with a locking mechanism] and any
stormwater that accumulates in the containment area shall be at a minimum visually
observed for color, foam, and visible sheens, prior to release of the accumulated
stormwater. Accumulated stormwater shall be released if found to be
uncontaminated. Records documenting the individual making the observation, the
description of the accumulated stormwater and the date and time of the release shall
be kept for a period of five years.
(3) A narrative description shall be provided of Best Management Practices (BMPs) to
be considered such as, but not limited to, oil and grease separation, debris control,
vegetative filter strips, infiltration and stormwater detention or retention, where
necessary. The need for structural BMPs shall be based on the assessment of
potential of sources to contribute significant quantities of pollutants to stormwater
discharges and data collected through monitoring of stormwater discharges.
(4) Inspection schedules of stormwater conveyances and controls and measures to be
taken to limit or prevent erosion associated with the stormwater systems.
C. Spill Prevention and Response Plan. The Spill Prevention and Response Plan shall
incorporate a risk assessment of potential pollutant sources based on a materials inventory
of the facility. Facility personnel (or team) responsible for implementing the plan shall be
identified in the plan. A responsible person shall be on -site at all times during facility
operations that have the potential to contaminate stormwater runoff through spills or
exposure of materials associated with the facility operations.
d. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance
program shall be developed. The program shall document schedules of inspections and
maintenance activities of stornwater control systems, plant equipment and systems.
Inspection of material handling areas and regular cleaning schedules of these areas shall be
incorporated into the program.
e. Employee Training. Training schedules shall be developed and training provided at a
minimum on an annual basis on proper spill response and cleanup procedures and
preventative maintenance activities for all personnel involved in any of the facility's
Page 5
Permit No. NCS000155
operations that have the potential to contaminate stormwater runoff. Facility personnel (or
team) responsible for implementing the training shall be identified in the Plan.
Responsible Party, The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position(s) assignments provided.
Plan Ammendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. The Stormwater Pollution
Prevention Plan shall be reviewed and updated on an annual basis.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with Part
II, Standard Conditions, Section B, #9) to the Director that the changes have been made.
h. Facility Inspections. Inspections of the facility and all stormwater systems shall occur at a
minimum on a semiannual schedule, once in the fall (September -November) and once
during the spring (April - June). The inspection and any subsequent maintenance activities
performed shall be documented, recording date and time of inspection, individual(s)
making the inspection and a narrative description of the facility's stormwater control
systems, plant equipment and systems. Records of these inspections shall be incorporated
into the Stormwater Pollution Prevention Plan.
Visual monitoring as required in I.A.2.g.(3) shall be performed in addition to facility
inspections.
Implementation. Implementation of the plan shall include documentation of all monitoring,
measurements, inspections and maintenance activities and training provided to employees,
including the log of the sampling data and of activities taken to implement BMPs associated
with the industrial activities, including vehicle maintenance activities. Such documentation
shall be kept on -site for a period of five years and made available to the Director or his
authorized representative immediately upon request.
2. Minimum Monitoring and Reporting_ Requirements
Minimum monitoring and reporting requirements are as follows unless otherwise approved in
writing by the Director of the Division of Environmental Management.
a. If a facility has multiple discharge locations with substantially identical stormwater
discharges that are required to be sampled, the permittee may petition the Director for
representative outfall status. If it is established that the stormwater discharges are
substantially identical and the permittee is granted representative outfall status, then
sampling requirements may be performed at a reduced number of outfalls.
Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry
weather flow shall be performed at all stormwater discharge outfall locations. All visual
monitoring shall be documented and records maintained with the Stormwater Pollution
Prevention Plan. The initial visual monitoring event shall be performed simultaneously
Page 6
Permit No. NCS000155
with the first analytical monitoring event and documentation of only this initial visual
monitoring event shall be submitted along with the required analytical monitoring submittal.
For purposes of the stormwater sampling required in this permit, all samples shall be
collected from a discharge resulting from a representative storm event (See Part H,
Standard Conditions, Section A). Failure to monitor storm events in accordance with the
specified frequency shall constitute a violation of this permit. If the stormwater runoff is
controlled by a detention pond, the following sampling requirements shall apply:
(1) If the detention pond detains the runoff generated by one inch of rainfall for 24
hours, visual observations for color, foam, outfall staining, visible sheens, and dry
weather flow are required, but analytical sampling shall not be required.
(2) If the detention pond discharges only in response to a storm event exceeding a 25-
year, 24-hour storm (See Part 1I, Standard Conditions, Section A), the pond shall
be considered a non -discharging stormwater control system and not subject to
NPDES requirements, unless the discharge causes a violation of water quality
standards.
d. Samples analyzed in accordance with the terms of this permit shall be submitted on forms
provided by the Director no later than January 31 for the previous year in which sampling
was required to be performed.
e. Analytical results from sampling during the final year of the permit term shall be submitted
with the permit renewal application.
This permit regulates stormwater discharges._ Non-stormwater discharges which shall be
allowed in the stormwater conveyance system are:
(1) All other discharges that are authorized by a non-stormwater NPDES permit.
(2) Uncontaminated groundwater, foundation drains, air -conditioner condensate
without added chemicals, springs, discharges of uncontaminated potable water,
waterline and fire hydrant flushings, water from footing drains, flows from riparian
habitats and wetlands.
(3) Discharges resulting from fire -fighting.
If the storm event monitored and reported in accordance with this permit coincides with a
non-stormwater discharge, the permittee shall separately monitor and report all parameters
as required under the non-stormwater discharge permit and provide this information with
the stormwater discharge monitoring report.
Page 7
Permit No. NCS000155
g. Specific Stormwater Monitoring Requirements
The specific stormwater monitoring requirements includes visual monitoring of stormwater
samples. Specific monitoring requirements are defined below.
Visual Monitoring:
Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardiess
of representative outfall status, for the purpose of evaluating the effectiveness of the
Stonnwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater
pollution. No analytical tests are required. Visual monitoring of stormwater outfalls does not
need to be performed during a representative storm event.
Stormwater Discharge
Characteristics
Fre uencvl
Monitoring
TYPKC2
Monitoring
Location3
Color
Semi -Annual
Visual
SDO
Odor
Semi -Annual
Visual
SDO
Clarity
Semi -Annual
Visual
SDO
Floating Solids
Semi -Annual
Visual
SDO
Suspended Solids
Semi -Annual
Visual
SDO
Foam
Semi -Annual
Visual
SDO
Oil Sheen
Semi -Annual
Visual
SDO
Other obvious indicators
of stormwater pollution
Semi -Annual
Visual
SDO
Footnotes:
l Frequency: The first visual monitoring event during the term of the permit must be
performed during the initial analytical monitoring event. All subsequent visual
monitoring will be performed twice per year, once in the spring and once in the fall.
Monitoring Type: Visual monitoring requires a qualitative visual observation of each
stormwater outfall. No analytical testing or sampling is required.
3 Sample Location: Stunnwater Discharge Outfall (SDO)
Page 8
Permit No. NCS000155
SECTION B: SCHEDULE OF COMPLIANCE
The permittee shall comply with Final Limitations and Controls specified for stormwater
discharges in accordance with the following schedule:
The Stormwater Pollution Prevention Plan shall be developed and implemented within 12
months of the effective date of this permit and updated thereafter on an annual basis.
Secondary containment, as specified in Part 1, Section A, 1. b. 2. of this permit, shall be
accomplished within 12 months of the effective date of this permit.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
permitted stormwater controls at optimum efficiency.
Page 9
Individual Stormwater Page Al
PART II
STANDARD CONDITIONS FOR NPDES STORMWATER PERMITS
SECTIONA7 DEFLNMONS
1. Act or "the Act' or CWA
The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 USC 1251, et. seq.
2. Best Management Practices (BNfPs)
Schedules of activities, prohibitions of practices, maintenance procedures, and
other management practices to prevent or reduce the pollution of waters of the
United States. BMPs also include treatment requirements, operation procedures,
and practices to control plant site runoff, spillage or leaks, sludge or waste
disposal, or drainage from raw material storage.
Calculation of Means
Means shall be calculated according to the following definitions:
a. Arithmetic Mean: The arithmetic mean of any set of values is the summation
of the individual values divided by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root
of the product of the individual values where N is equal to the number of
individual values. The geometric mean is equivalent to the antilog of the
arithmetic mean of the logarithms of the individual values. For purposes of
calculating the geometric mean, values of zero (0) shall be considered to be
one (1).
C. Weighted by Flow Value: Weighted by flow value means the summation of
each concentration times its respective flow divided by the summation of the
respective flows.
4. Burk Storage of LiQuid Products
Liquid raw materials, manufactured products, waste materials or by-products with a
single above ground storage container having a capacity of greater than 660 gallons
or with multiple above ground storage containers having a total storage capacity of
greater than 1,320 gallons.
5. Calendar Day
The period from midnight of one day until midnight of the next day. However, for
purposes of this permit, any consecutive 24-hour period that reasonably represents
the calendar day may be used for sampling.
6. Coat_ Pile Runoff
The rainfall runoff from or through any coal storage pile.
Individual Stormwater Page A2
DEM or Division
The Division of Environmental Management, Department of Environment, Health
and Natural Resources.
DirectoI
The Director of the Division of Environmental Management, the permit issuing
authority.
EMC
The North Carolina Environmental Management Commission.
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the
Clean Water Act.
11. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land
and which is not a land treatment facility, a surface impoundment, an injection well,
a hazardous waste long-term storage facility or a surface storage facility.
All municipal separate storm sewers that are either:
a. Located in an incorporated place with a population of 100,000 or more as
determined by the Decennial Census by the Bureau of Census; or
Located in the counties with unincorporated urbanized populations of
100,000 or more, except municipal separate storm sewers that are located in
the incorporated places, townships or towns within such counties; or
Owned or operated by a municipality other than those described in
paragraph (a) or (b) and that are designated by the Director as part of the
large or medium separate storm sewer system.
13. Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral
deposit, excluding topsoil or similar naturally -occurring surface materials that are
not disturbed by muting operations.
The owner or operator issued a permit.
Any discernible, confined and discrete conveyance, including but specifically not
limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
Individual Stormwater Page A3
container, rolling stock, or concentrated animal feeding operation from which
pollutants are or may be discharged to waters of the state.
A storm event that is between 0.2 and 0.8 inches of rainfall and which has a
duration of greater than 3 hours and that is preceded by at least 72 hours in which
no storm event measuring greater than 0.1 inches has occurred.
The fraction of total rainfall that is not infiltrated into or otherwise retained by the
soil, concrete, asphalt or other surface upon which it falls that will appear at the
conveyance as runoff.
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
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the
Superfund Amendments and Reauthorization Act (SARA) of 1986, also
titled the Emergency Planning and Community Right -to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III,
Section 313 reporting requirements; and
c. That meet at least one of the following criteria:
(1) Is listed in appendix D of 40 CFR part 122 on either Table II
(organic priority pollutants), Table III (certain metals, cyanides, and
phenols) or Table IV (certain toxic pollutants and hazardous
substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A)
of the CWA at 40 CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water
quality criteria.
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.
Individual Stormwater Page A4
Includes, but is not limited to: releases of oil or hazardous substances in excess of
reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR
110.10 and CFR 117.21) or -section 107ofCERCEA Mef: 40 CFR 302.4).
"MMOMMISTY7772M Me
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
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. The term does not include discharges
from facilities or activities excluded from the NPDES program.
The following categories of facilities are considered to be engaging in "industrial
activity":
Facilities subject to stormwater effluent limitations guidelines, new source
performance standards, or toxic pollutant effluent standards under 40 CFR
Subchapter N Parts 400 - 471 (except facilities which are exempted under
(k) of this definition);
Facilities classified as Standard Industrial Classifications 24 (except 2434),
26 (except 265 and 267), 28, 29, 30, 311, 32, 33, 3441, 373;
Facilities classified as Standard Industrial Classifications 10 through 14
(mineral industry) including active or inactive mining operations (except for
areas of coal mining operations meeting the definition of a reclamation area
under 40 CFR 434.11(1)) and oil and gas exploration, production,
processing, or treatment operations, or transmission facilities that discharge
stormwater contaminated by contact with or that has come in contact with,
any overburden, raw material, intermediate products, finished products,
byproducts or waste products located on the site of such operations; inactive
mining operations are mining sites that are not being actively mined, but
which have an identifiable owner/operator,
Hazardous waste treatment, storage, or disposal facilities, including those
that are operating under interim status or a permit under Subtitle C of
RCRA;
Landfills, land application sites, and open dumps that receive or have
received any industrial wastes (waste that is received from any of the
facilities described under this definition) including those that are subject to
regulation under Subtitle D of RCRA;
Facilities involved in the recycling of materials, including metal scrapyards,
battery reclaimers, salvage yards and automobile junkyards, including but
limited to those classified as Standard Industrial Ciassification 5015 and
5093;
Individual Stormwater Page A5
Steam electric power generating facilities, including coal handling sites;
Transportation facilities classified as Standard Industrial Classifications 40,
41, 42, 44, and 45 which have vehicle maintenance shops, equipment
cleaning operations, or airport deicing operations. Only those portions of
the facility that are either involved in vehicle maintenance (including vehicle
rehabilitation, mechanical repairs, painting, fueling and lubrication),
equipment cleaning operations, airport deicing operations, or which are
otherwise identified under (a)-(g) or (i)-(k) of this definition are associated
with industrial activity;
i. Treatment works treating domestic sewage or any other sewage sludge or
wastewater treatment device or system, used in the storage treatment,
recycling, and reclamation of municipal or domestic sewage, including
lands dedicated to the disposal of sewage sludge that are located within the
confines of the facility, with a design flow of 1.0 mgd or more, or required
to have an approved pretreatment program under 40 CFR part 403. Not
included are farm lands, domestic gardens or lands used for sludge
management where sludge is beneficially reused and which are not
physically located in the confines of the facility, or areas that are in
compliance with section 405 of the CWA;
j. Construction activity including clearing, grading and excavation activities
except: operations that result in the disturbance of less that five acres of total
land area which are not part of a larger common plan of development or
sale;
k. Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434,
25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441),
35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise
included within (a)-O) of this definition).
For the categories of industries identified in (a) through 0) of this definition the
term includes, but is not limited to, stormwater discharges from industrial plant
yards; immediate access roads and rail lines used or traveled by carriers of raw
materials, manufactured products, waste material, or by-products used or created
by the facility; material handling sites; refuse sites; sites used for the application or
disposal of process wastewaters; sites used for the storage and maintenance of
material handling equipment; sites used for residual treatment, storage, or disposal;
shipping and receiving areas; manufacturing buildings; storage areas (including tank
farms) for raw materials, and intermediate and finished products; and areas where
industrial activity has taken place in the past and significant materials remain and are
exposed to stormwater. For the categories of industries identified in (k), the term
includes only stormwater discharges from all areas listed in the previous sentence
(except access roads) where material handling equipment or activities, raw material,
intermediate products, final products, waste material, by-products, or industrial
machinery are exposed to stormwater.
Material handling activities include the: storage, loading and unloading,
transportation, or conveyance of any raw material, intermediate product, finished
product, by-product or waste product The term excludes areas located on plant
lands separated from the plant's industrial activities, such as office buildings and
accompanying parking lots as long as the drainage from the excluded areas is not
mixed with stormwater drained from the above described areas.
Individual Stormwater Page A6
Industrial facilities (including industrial facilities that are Federally or municipally
owned or operated that meet the description of the facilities listed in (a)-(k)) include
those facilities designated under 40 CFR 122.26(a)(1)(v).
The precipitation event of a duration which will produce the maximum peak rate of
runoff for the watershed of interest resulting from a rainfall event of an intensity
expected to be equaled or exceeded, on the average, once in ten years.
. a I -
The flow corresponding to the time period over which the sample collection occurs.
The total flow calculated based on the size of the area draining to the outfall, the
amount of the built -upon (impervious) surfaces within the drainage area, and the
total amount of rainfall occurring during the sampling period.
'. i1fiLTii7.
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
,, .
a. Grab samples are individual samples collected instantaneously. Grab samples that
will be directly analyzed or visually monitored must be taken within the first 30
minutes of discharge. Grab samples for compositing purposes must be collected at
no greater than 20 minute intervals.
Composite Sample: a composite sample shall mean
(1) A flow -weighted composite sample, which is a mixture of aliquots collected
at a constant time interval, where the volume of each aliquot is proportional
to the flow rate of the discharge at the time the sample is collected; or
(2) A time -weighted composite sample, which is a mixture of equal volume
aliquots collected at a constant interval of time.
A composite sample can be obtained from the collection of a series of grab samples,
taken at intervals of no greater than 20 minutes for the entire storm event or the first
three hours of the storm event. The grab sample to be composited must be of no
less than 100 milliliters.
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle
cleaning operations, or airport deicing operations.
Solid particulate matter, both mineral and organic, that has been or is being
transported by waver, air,-gravity;•orimfroririis siteof origin which can be seen
with the unaided eye.
Individual Stormwater Page A7
30. Waste Pile
Any non -containerized accumulation of solid, non -flowing waste that is used for
treatment or storage.
The maximum 24-hour precipitation event expected to be equaled or exceeded, on
the average, once in 25 years.
Individual Stormwater Page A8
B- GENERAL CONDITION
The permittee must comply with all conditions -of this permit Any permit
noncompliance constitutes a violation of the Clean Water Act and is grounds for
enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application.
a. The permittee shall comply with effluent standards or prohibitions established
under section 307(a) of the Clean Water Act for toxic pollutants within the time
provided in the regulations that establish these standards or prohibitions, even if the
permit has not yet been modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is
subject to a civil penalty not to exceed $25,000 per day for each violation. Any
person who negligently violates any permit condition is subject to criminal penalties
of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1
year, or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $10,000 per violation with
the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act
33 USC 1319 and 40 CFR 122.41(a).]
c. Under state law, a daily civil penalty of not more than ten thousand dollars
($10,000) per violation may be assessed against any person who violates or fails to
act in accordance with the terms, conditions, or requirements of a permit. [Ref:
North Carolina General Statutes 143-215.6A]
d. Any person may be assessed an administrative penalty by the Administrator for
violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act. Administrative penalties for Class I violations are not to
exceed $10,000 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $25,000. Penalties for Class II violations are not to exceed
$10,000 per day for each day during which the violation continues, with the
maximum amount of any Class II penalty not to exceed $125,000.
�
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment
Except as provided in permit conditions on "Bypassing" (Part II, C.3.), nothing in
this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A,
143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319.
Furthermore, the permittee is responsible for consequential damages, such as fish
kills, even though the responsibility for effective compliance may be temporarily
suspended.
Individual Stormwater Page A9
Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal
action or relieve the perminee from any responsibilities, liabilities, or penalties to
which the permittee is or may be subject to under NCGS 143-215.75 et seq. or
Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
The issuance of this permit does not convey any property rights in either real or
personal property, or any exclusive privileges, nor does it authorize any injury to
private property or any invasion of personal rights, nor any infringement of
Federal, State or local laws or regulations.
SeveraMity
The provisions of this permit are severable, and if any provision of this permit, or
the application of any provision of this permit to any circumstances, is held invalid,
the application of such provision to other circumstances, and the remainder of this
permit, shall not be affected thereby.
0
The perminee shall furnish to the Director, within a reasonable time, any
information which the Director may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating this permit or to determine
compliance with this permit. The perminee shall also furnish to the Director upon
request, copies of records required to be kept by this permit.
Fvniratinn of Ppr it
The perminee is not authorized to discharge after the expiration date. In order to
receive automatic authorization to discharge beyond the expiration date, the
permittee shall submit such information, forms, and fees as are required by the
agency authorized to issue permits no later than 180 days prior to the expiration
date. Any permittee that has not requested renewal at least 180 days prior to
expiration, or any permittee that does not have a permit after the expiration and has
not requested renewal at least 180 days prior to expiration, will be subjected to
enforcement procedures as provided in NCGS §143-2153.6 and 33 USC 1251 et.
seq.
Sjynatoa Renuir m n c
All applications, reports, or information submitted to the Director shall be signed
and certified.
All applications shall be signed as follows:
p) For a corporation: by a responsible corporate officer. For the purpose of
this Section, a responsible corporate officer means: (a) a president,
secretary, treasurer or vice president of the corporation in charge of a
Individual Stormwater Page A10
principal business function, or any other person who performs similar
policy or decision making functions for the corporation, or (b) the manager
of one or more manufacturing production or operating facilities employing
more than 250 persons or having gross annual sales or expenditures
exceeding25 million -(in secondquarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the
proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a
principal executive officer or ranking elected official.
All reports required by the permit and other information requested by the Director
shall be signed by a person described above or by a duly authorized representative
of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having
responsibility for the overall operation of the regulated facility or activity,
such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or
position having overall responsibility for environmental matters for the
company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Director.
Any person signing a document under paragraphs a. or b. of this section shall make
the following certification:
"I certify, under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines
and imprisonment for knowing violations."
M111104movefli Me
The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 40, Code of
Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute
143-215.1 et. al.
Individual Stormwater Page AI I
- n �
This permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any
permit condition.
�ulw •• -.1414V• • u:M FORMORK632 •• yI• • �;•
The permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or
used by the permittee to achieve compliance with the conditions of this permit.
Proper operation and maintenance also includes adequate laboratory controls and
appropriate quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems which are installed by a permittee
only when the operation is necessary to achieve compliance with the conditions of
the permit.
It shall not be a defense for a permittee in an enforcement action that it would have
been necessary to halt or reduce the permitted activity in order to maintain
compliance with the condition of this permit.
a. Definitions
(1) 'Bypass" means the known diversion of stormwater from any portion of a
stormwater control facility including the collection system, which is not a
designed or established or operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property,
damage to the control facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does
not mean economic loss caused by delays to production.
b. Bypass Not Exceeding Limitations.
The permittee may allow any bypass to occur which does not cause limitations to be
exceeded, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provisions of Paragraphs c. and d.
of this section.
Notice
p) Anticipated bypass. If the permittee knows in advance of the need for a
bypass, it shall submit prior notice, if possible at least ten days before the
date of the bypass; including an evaluation of the anticipated quality and
affect of the bypass.
Individual Stormwater Page Al2
(2) Unanticipated bypass. The permittee shall submit notice within 24 hours of
an unanticipated bypass as required in Part E, E. 5. of this permit. (24-
hour notice).
d. Prohibition of Bypass
Bypass is prohibited and the Director may take enforcement action against a
permittee for bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury or severe
property damage;
(2) There were no feasible alternatives to the bypass, such as the use of
auxiliary control facilities, retention of stormwater or maintenance during
normal periods of equipment downtime or dU weather. This condition is
not satisfied if adequate backup controls should have been installed in the
exercise of reasonable engineering judgment to prevent a bypass which
occurred during normal periods of equipment downtime or preventive
maintenance; and
(3) The permittee submitted notices as required under Paragraph c. of this
section.
The Director may approve an anticipated bypass, after considering its adverse
effects, if the Director determines that it will meet the three conditions listed above
in Paragraph d. of this section.
4. Sets
a. Definition
"Upset " means an exceptional incident in which there is unintentional and
temporary noncompliance with technology based permit effluent limitations
because of factors beyond the reasonable control of the permittee. An upset does
not include noncompliance to the extent caused by operational error, improperly
designed treatment or control facilities, inadequate treatment or control facilities,
lack of preventive maintenance, or careless or improper operation.
b. Effect of an Upset.
An upset constitutes an affirmative defense to an action brought for noncompliance
with technology based permit effluent limitations if the requirements of paragraph c.
of this condition are met. No determination made during administrative review of
claims that noncompliance was caused by upset, and before an action for .
noncompliance, is final administrative action subject to judicial review.
C. Conditions Necessary for a Demonstration of Upset
A permittee who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs, or other
relevant evidence that .
(1) An upset occurred and that the permittee can identify the cause(s) of the
upset;
Individual Stormwater Page A13
(2) The permitted facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as required in Part 11, E. 5. (b)
(B) of this permit.
(4) The permittee complied with any remedial measures required [order Part II,
A. 2. of this permit.
Burden of Proof
In any enforcement proceeding the permittee seeking to establish the occurrence of
an upset has the burden of proof.
yr• . • r •: . ; •:.
Samples collected and measurements taken, as required herein, shall be
characteristic of the volume and nature of the permitted discharge. Samples shall be
taken on a day and time that is characteristic of the discharge. All samples shall be
taken before the discharge joins or is diluted by any other waste stream, body of
water, or substance. Monitoring points shall not be changed without notification to
and approval of the Director.
Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Division of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 29535
Raleigh, North Carolina 27626-0535
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.
MNEEMG a. ---.
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality
Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC
1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40
CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures
must produce minimum detection and reporting levels that are below the permit
discharge requirements and all data generated must be reported down to the
minimum detection or lower reporting level of the procedure. If no approved
Individual Stormwater Page A14
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 repotting level) approved method
must be used.
The Clean Water Act provides that any person who falsifies, tampers with, or
knowingly renders inaccurate, any monitoring device or method required to be
maintained under this permit shall, upon conviction, be punished by a fine of not
more than $10,000 per violation, or by imprisonment for not more than two years
per violation, or by both. If a conviction of a person is for a violation committed
after a first conviction of such person under this paragraph, punishment is a fine of
not more that $20,000 per day of violation, or by imprisonment of not more than 4
years, or both.
The permittee shall retain records of all monitoring information, including all
calibration and maintenance records and all original strip chart recordings for
continuous monitoring instrumentation, copies of all reports required by this
permit, for a period of at least 5 years from the date of the sample, measurement,
report or application. This period may be extended by request of the Director at any
time.
For each measurement, sample, inspection or maintenance activity performed or
taken pursuant to the requirements of this permit, the permitter shall record the
following information:
a. The date, exact place, and time of sampling, measurements, inspection or
maintenance activity;
The individual(s) who performed the sampling, measurements, inspection
or maintenance activity;
C. The date(s) analyses were performed;
The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
The results of such analyses.
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;
Individual Stormwater Page A15
a. Enter upon the perminee's premises where a regulated facility or activity is
located or conducted, or where records must be kept under the conditions of
this permit;
b. Have access to and copy, at reasonable times, any records that must be kept
under the conditions of this permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring
and control equipment), practices, or operations regulated or required under
this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit
compliance or as otherwise authorized by the Clean Water Act, any
substances or parameters at any location.
The permittee shall give notice to the Director as soon as possible of any planned
physical alterations or additions to the permitted facility. Notice is required only
when:
a. The alteration or addition to a permitted facility may meet one of the criteria
for determining whether a facility is a new source in 40 CFR Pan 122.29
(b); or
b. The alteration or addition could significantly change the nature or increase
the quantity of pollutants discharged. This notification applies to pollutants
which are subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR Part 122.42 (a) (1).
2. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in
the permitted facility or activity which may result in noncompliance with the permit
requirements.
3. Transfers
This permit is not transferable to any person except after notice to and approval by
the Director. The Director may require modification or revocation and reissuance of
the permit to change the name and incorporate such other requirements as may be
necessary under the Clean Water Act-
4. Monitoring Reports
Monitoring results shall be reported at the intervals speed elsewhere in this
permit.
5. Twen -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 perminee became aware
Individual Stormwater Page A16
of the circumstances. A written submission shall also be provided within 5 days of
the time the perminee becomes aware of the Circumstances.
The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence
of the noncompliance.
b. The following shall be included as information which must be reported within 24
hours under this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the
permit.
(2) Any upset which exceeds any effluent limitation in the permit
(3) Violation of a maximum daily discharge limitation for any of the pollutants
listed by the Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case -by -case basis for reports under
paragraph b. above of this condition if the oral report has been received within 24
hours.
6. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under Part H.
E. 4. and 5. of this permit at the time monitoring reports are submitted. The reports
shall contain the information listed in Pan IL E. 5. of this permit.
7. Other Information
','here the permittee becomes aware that it failed to submit any relevant facts in a
notice of intent to be covered under this permit or in any report to the Director, it
shall promptly submit such facts or information.
8. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or
Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance
with the terms shall be available for public inspection at the offices of the Division
of Environmental Management As required by the Act, effluent data shall not be
considered confidential. Knowingly making any false statement on any such report
may result in the imposition of criminal penalties as provided for in NCGS 143-
215.613 or in Section 309 of the Federal Act
9. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false
statement, representation, or certification in any record or other document
submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be
punished by a fine of not more than $10,000 per violation, or by imprisonment for
not more than two years per violation, or by both.
Individual Stormwater Page A]7
PART III
LIMITATIONS REOPENER
This permit shall be modified or alternatively, revoked and reissued, to comply with any
applicable effluent guideline or water quality standard issued or approved under Sections
302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent
guideline or water quality standard so issued or approved:
contains different conditions or is otherwise more stringent than any effluent
limitation in the permit; or
b. controls any pollutant not limited in the permit
The permit as modified or reissued under this paragraph shall also contain any other
requirements in the Act then applicable.
PART IV
ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The perminee 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 :CAC 2H .0105(b)(4) may cause this Division to initiate action to
revoke the permit.