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HomeMy WebLinkAboutNC0003760_Permit (Modification)_20051201NPDES DOCIMENT SCANNIN` COVER SHEET NPDES Permit: NC0003760 DuPont Kinston facility Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) Permit Modification Complete File - Historical Engineering Alternatives (EAA) Correspondence Owner Name Change Technical Correction Instream Assessment (67b) Speculative Limits Environmental Assessment (EA) Document Date: December 1, 2005 Thus document is printed on reuse paper - ignore any content on the re'rerise side AP7A NCDENR 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 December 1, 2005 Mr. James Proctor Unifi-Kinston LLC 4693 Hwy 11 North Kinston, North Carolina 28502-0800 Subject: NPDES Permit Modification Permit Number NC0003760 Unifi-Kinston LLC Lenoir County Dear Mr. Proctor: Division personnel have reviewed your October 24, 2005 request for modification of the subject permit. Accordingly, we are forwarding the attached final NPDES discharge permit. Please place the amended permit pages in permit and discard the old pages. This permit modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). The expiration date was changed in error when the name change took effect in October 2004 and has been corrected in this modification. In regard to the change in the metals monitoring, quarterly monitoring has been eliminated from Condition A.(1.) of this permit for Chromium, Copper, Lead, Nickel, and Zinc; however, annual monitoring requirements for these parameters remain in Condition A.(2.). Please note that in the event that the analysis for any parameter listed in Condition A.(2.) equals or exceeds its Practical Quantitation Limit, the monitoring frequency for that parameter shall immediately increase to once per quarter. When 12 consecutive quarterly samples using appropriate laboratory methods do not detect the parameter, the monitoring frequency for that parameter shall immediately return to once per year. 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 (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this permit shall be final and binding. Please take notice that this permit is not transferable. 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 permits which may be required. If you have any questions or need additional information, please do not hesitate to contact Maureen Crawford of my staff at (919) 733-5083, extension 538. Sincerely, led .t„r ; Alan W. Klimek, P.E. Enclosure: Modified cover page and Condition A.(1.), NC0003760 cc: Central Files NPDES Unit Files Washington Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919-733-7015 / FAX 919-733-2496 / Internet:: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NorthCarolina Naturally Permit No. NC0003760 • STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER 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, UNIFI-KINSTON LLC is hereby authorized to discharge wastewater from a facility located at U ' '-Kinston LLC 4693 Hwy 11 North Lenoir County to receiving waters designated as Neuse River in the Neuse River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective December 1, 2005. This permit and the authorization to discharge shall expire at midnight on December 31, 2007. Signed this day November 29, 2005. 47r- : Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0003760 A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - OUTFALL 001 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge treated process and sanitary wastewaters, remediated groundwater, and non -contact cooling water from Outfall 001 subject to the effluent limitations and monitoring requirements below and in Condition A.(2.) of this permit: EFFLUENT CHARACTERISTICS EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Parameter Units Parameter Code Monthly Daily Average Maximum Measurement Frequency Sample Type Sample Location (1) Flow MGD s0oso 3.6 Continuous Recording E Total Monthly Flow MG Monitor & Report . Monthly Calculated E BOD, 5-day, 20°C lb/day 00310 193.8 497.3 Weekly Composite E Total Suspended Solids lb/day 00530 337.1 1,057.9 Weekly Composite E TKN mg/L 00625 Monitor & Report Weekly Composite E NOZ-N + NO3-N mg/L 00630 Monitor & Report Weekly Composite E TN (2) mg/L 00600 Monitor & Report Weekly Composite E TN Load (3) Ib/mo Ib/yr Monitor & Report 35,193 Monthly Annually Calculated Calculated E E Total Phosphorus (4) mg/L 00655 2.0 (quarterly average) Weekly Composite E pH S.U. 00400 Shall be within the range of 6.0 to 9.0 standard units at all times Weekly Grab E Fecal Coliform (geometric mean) #/100 mL 31616 Weekly Grab E, U, D (5) Temperature °C wow Weekly Grab E, U, D (5) Dissolved Oxygen mg/L 00300 See Footnote (6) Weekly Grab S1, U, D (5) NH3-N mg/L 00610 Monthly Composite E Chronic Toxicity P/F TGP3B See Footnote (7) Quarterly Composite E There shall be no discharge of floating solids or visible foam in other than trace amounts. Footnotes: 1) Sample locations: I - Influent, E - Effluent, S1 - Chlorine contact chamber or other approved location, U - Upstream, 100 yard above outfall, D - Downstream, 1 mile below outfall. 2) For a given wastewater sample, TN = TKN + NO3-N + NO2 N, where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen, and NO3-N and NO2-N are Nitrate and Nitrite Nitrogen, respectively. 3) TN Load is the mass quantity of TN discharged in a given period of time. See Special Condition A.(4.), Calculation of Total Nitrogen Loads. The annual TN Load limit shall become effective with the calendar year beginning on January 1, 2003. Compliance with the limit shall be determined in accordance with Special Condition A.(5.) of this permit, Annual Limits for Total Nitrogen. 4) The quarterly average for total phosphorus shall be the average of composite samples collected weekly during the calendar quarter (January -March, AprilJune, July -September, October -December). 5) Stream samples shall be taken three times per week during the months of June, July, August and September, and once per week during the remaining months of the year. 6) The daily average dissolved oxygen effluent concentration shall not be less than 2.5 mg/L at the sampling point. 7) Chronic Toxicity (Ceriodaphnia) P/F at 1.9%; January, April, July, and October; see Condition A.(7.), Chronic Toxicity Permit Limit. Part I, Page 1 of 8 / u Mr. Gil Vinzani DWQ-Point Source Branch 512 North Salisbury Street Raleigh, NC 27604 October 24, 2005 Certified Mail: 7099 3400 0011 5590 5073 Re: Request for changes in permit NC0003760 Dear Mr. Gil Vmzani lJlvlrl® Unifi Kinston, LLC P. O. Box 800 Highway 11 North`NC :28502.0800. n CT 2 8 L I'm working with Mr. Ed Warren at the Regional office in Washington. I'm requesting that the quarterly monitoring removed from 001 sample point based on reasonable potential analysis due to annual monitoring not having had any problems with 001 for metals. The permit has metals already listed under annual sampling with proposed limits in place. This situation has caused problems with the NC's database system. Also in the last inspection it was brought to our attention that the permit due date was changed on the first couple pages to as different renewal date. It appears a copy and paste error was in place. Sincerely, Unifi-Kinston LLC (PApe"--- ames Proctor Environmental Manager 252-522-6443 www.proctojraunifi-inc.com k-e GJ1 ? G�,@.,�.. 0 t f ✓t-� a L LO Q,uc At l£1� t wk.ma. c . 6 W.6. ) ► J►ulos 5� (7 , cao %1 u., Io 0 - mod' . ct u- -(. Alt _A,I CC.-L y d a 0-614_ LAX/VD al`e 1Grit.,._ Ca�� I / c 4 frt. a-hr -7, . Jan L i,j.�-�i,1 ..(.• A 6141)1- 6)54LL At.q. 4.-.e) +a),0 vmDtztvo...t )11/1),6s-. po lo tky lutt. ia, I . I -le t-c-t-iid cAl) cL __Iti_:.-) $1.6-t44 A.-14c( u_Vmtp a, Ylki kii-- C -. <<Iz7.1DS' INVISTit additions Subject: INVISTA additions From: Ken Pickle <ken.pickle @ ncmail.net> Date: Thu, 07 Apr 2005 10:07:55 -0400 To: Sergei Chernikov <sergei.chernikov@ncmail.net> Sergei, 1. I have attached the INVISTA permit additions to cover stormwater at the three newly -identified stormwater outfalls. I have arranged them mostly page by page in the order of the 2003 permit. I'm sending them to you for review. 2. I'll be glad to insert the stormwater portions into your permit text, if you will send me the permit text. Or, if it's easier for you, you can insert my additions into the text. Either way is ok with me. 3. I have not received a signed EPA Form 2F from INVISTA. I spoke to Jay Vincent about it earlier this week, and he reports contacting INVISTA. Until we get a response from INVISTA and Jay, I don't want to issue the permit. 4. I apologize for delaying this for so long. Ken INVISTA additions.doc Content -Type: application/msword Content -Encoding: base64 1 of 1 4/7/2005 10:10 AM INVISTA TRANSMITTAL LETTER 9/28/04 (Sergei, I see on p. 3 of their 9/28/04 letter that CRA says, "It is INVISTA's understanding that, after review of the permit modification information submitted herein, the NPDES unit, in consultation with the Stormwater Permitting unit, will establish parameters for monitoring, after which the facility will have one year to perform sampling and submit the analytical results required by NCDENR." What I think I remember was more like DWQ is always receptive to a reduction in monitoring requirements based on new data. I don't have any notes or correspondence supporting my vague recollection, however. Our current procedure is to require twice per year stormwater monitoring on constituents that we suspect may be on site. The applicant has not provided us with sufficient information to reduce the list of pollutants, so I have relied on the wastewater parameters in A(1), A(2), A(3), and A(4), and on selected parameters identified in the tables attached to EPA Form 2F. EPA FORM 2F Unsigned by applicant. Signatures are required in part V.B. certifying the absence of non- stormwater flows in each stormwater outfall, and in part X. certifying the accuracy of the submittal information. I have spoken with Jay Vincent, CRA, and requested a fax copy, signed. Jay is also going to clear up some minor errors in the lat and long, and in the narrative description of Outfalls 004 and 006. I suggest that we do not issue the permit until INVISTA signs EPA Form 2F, as required by the instructions for that form. PERMIT COVER SHEET ... INVISTA S.a r.I. is hereby authorized to discharge wastewater and stormwater from a facility located at INVISTA Kinston Fiber Plant SUPPLEMENT TO PERMIT COVER SHEET 3. Discharge stormwater into an unnamed tributary to Beaverdam Branch (Outfall 004), and discharge stormwater into an unnamed tributary to the Neuse River (Outfall 005), and discharge stormwater into an unnamed tributary to the Neuse River (Outfall 006), all of which are Class C NSW waters in the Neuse River Basin, at the locations specified on the attached map. VICINITY MAP (Note that item 2. of the SUPPLEMENT TO PERMIT COVER SHEET references the outfall locations shown on the attached map, which should be modified to reflect the relocation of Outfall 002 and the locations of new Outfalls 004, 005, and 006.) A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 001 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge treated process and sanitary wastewaters, remediated groundwater, non -contact cooling water, and stormwater from Outfall 001 subject to the effluent limitations and monitoring requirements below and in Condition A.2. of this permit:(minor mod, as requested by the permittee) (Sergei, note that footnote 3 on this page references A(4) and A(5), which don't match up on my copy of the permit.) A.(2.) ADDITIONAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 001 (Sergei, FYI - - I don't have any stormwater requirements to add to this page, but I do have a question. INVISTA submitted an EPA Form 2F and indicated in part VILE. the onsite presence of O&G, acetaldehyde, ally/ alcohol, formaldehyde, xy/ene, acrolein, Hg, and cobalt, none of which are present in the current wastewater permit limitations pages. I don't know whether or not these parameters were considered in the wastewater evaluation, or perhaps were in earlier versions of the permit and then removed based on confirmed absence in the discharge.) A.(3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 002 (No stormwater additions.) (Sergei, it looks like the preliminary RPA recommendation included arsenic, but I don't see arsenic in the permit. I was going to include it in the stormwater portion. Is there a reason that arsenic was left out of the permit?) A.(4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall003 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge non -contact cooling water, steam condensate, and stormwater from Outfall 003 subject to the following effluent limitations and monitoring requirements: (minor mod, as requested by the permittee) (Sergei, it looks like the preliminary RPA recommendation included arsenic, but I don't see arsenic in the permit. I was going to include it in the stormwaterportion. Is there a reason that arsenic was left out of the permit?) A.(5.) CALCULATION OF TOTAL NITROGEN LOADS A.(6.) ANNUAL LIMITS FOR TOTAL NITROGEN (No stormwater additions. Sergei, I don't think we should add stormwater from Outfalls 004, 005, and 006 into this calculation, right?) A.(7.) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY) (No stormwater additions.) A.(8.) BIOCIDES A.(9.) INSTREAM MONITORING A.(10.) NON -DETECTION REPORTING AND DETERMINATION OF COMPLIANCE (No stormwater additions.) NEW A.(11.) EFFLUENT LIMITATIONS AND MONITORING REOUIREMENTS - Outfall 004 (Note that I've added the new sections at the end, rather than in sequence with Outfalls 001, 002, 003, so that we won't have to make additional changes to footnotes and text references.) During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge stormwater from Outfall 004 subject to the following monitoring requirements. All analytical monitoring shall be performed during a representative storm event. Discharge Characteristics Units Measurement Frequency Sample Type Sample Location Rainfall duration minutes Semi-annual - - Total rainfall inches Semi-annual - - Oil & grease mg/L Semi-annual Grab SDO* BOD5 mg/L Semi-annual Grab SDO COD mg/L Semi-annual Grab SDO Total suspended solids mg/L Semi-annual Grab SDO Total Kjeldahl nitrogen mg/L Semi-annual Grab SDO Nitrate + nitrite nitrogen mg/L Semiannual Grab SDO Total nitrogen mg/L Semi-annual Grab SDO Ammonia nitrogen mg/L Semi-annual Grab SDO Total phosphorus mg/L Semi-annual Grab SDO pH Standard units Semi-annual Grab SDO Fecal coliform #/100 mL Semi-annual Grab SDO Cyanide ug/L Semi-annual Grab SDO Aluminum ug/L Semi-annual Grab SDO Arsenic ug/L Semi-annual Grab SDO Cadmium ug/L Semi-annual Grab SDO Chromium ug/L Semi-annual Grab SDO Cobalt ug/L Semi-annual Grab SDO Copper ug/L Semi-annual Grab SDO Lead ug/L Semi-annual Grab SDO Mercury ug/L Semi-annual Grab SDO Nickel ug/L Semi-annual Grab SDO Selenium ug/L Semi-annual Grab SDO Silver ug/L Semi-annual Grab SDO Zinc ug/L Semi-annual Grab SDO Acetaldehyde ug/L Semi-annual Grab SDO Acrolein ug/L Semi-annual Grab SDO Ally! alcohol ug/L Semi-annual Grab SDO Formaldehyde ug/L Semi-annual Grab SDO Xylene ug/L Semi-annual Grab SDO 1,1-biphenyl ug/L Semi-annual Grab SDO 2-methylphenol ug/L Semi-annual Grab SDO 4-methylphenol ug/L Semi-annual Grab SDO *Stormwater discharge outfall In addition, the Permittee shall monitor semi-annually for the parameters listed in Condition A.(2.). Semi-annual monitoring means once in the months of April — June, and once in the months of September — November. NEW A.(12.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 005 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge stormwater from Outfall 005 subject to the following effluent limitations and monitoring requirements. All analytical monitoring shall be performed during a representative storm event. Discharge Characteristics Units Measurement Frequency Sample Type Sample Location Rainfall duration minutes Semi-annual - - Total rainfall inches Semi-annual - - Oil & grease mg/L Semi-annual Grab SDO* BOD5 mg/L Semi-annual Grab SDO COD mg/L Semi-annual Grab SDO Total suspended solids mg/L Semi-annual Grab SDO Total Kjeldahl nitrogen mg/L Semi-annual Grab SDO Nitrate + nitrite nitrogen mg/L Semiannual Grab SDO Total nitrogen mg/L Semi-annual Grab SDO Ammonia nitrogen mg/L Semi-annual Grab SDO Total phosphorus mg/L Semi-annual Grab SDO pH Standard units Semi-annual Grab SDO Fecal coliform #/100 mL Semi-annual Grab SDO Cyanide ug/L Semi-annual Grab SDO Aluminum ug/L Semi-annual Grab SDO Arsenic ug/L Semi-annual Grab SDO Cadmium ug/L Semi-annual Grab SDO Chromium ug/L Semi-annual Grab SDO Cobalt ug/L Semi-annual Grab SDO Copper ug/L Semi-annual Grab SDO Lead ug/L Semi-annual Grab SDO Mercury ug/L Semi-annual Grab SDO Nickel ug/L Semi-annual Grab SDO Selenium ug/L Semi-annual Grab SDO Silver ug/L Semi-annual Grab SDO Zinc ug/L Semi-annual Grab SDO Acetaldehyde ug/L Semi-annual Grab SDO Acrolein ug/L Semi-annual Grab SDO AIIyI alcohol ug/L Semi-annual Grab SDO Formaldehyde ug/L Semi-annual Grab SDO Xylene ug/L Semi-annual Grab SDO 1,1-biphenyl ug/L Semi-annual Grab SDO 2-methylphenol ug/L Semi-annual Grab SDO 4-methylphenol ug/L Semi-annual Grab SDO * Stormwater discharge outfall In addition, the Permittee shall monitor semi-annually for the parameters listed in Condition A.(2.). Semi-annual monitoring means once in the months of April - 3une, and once in the months of September - November. NEW A.(13.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 006 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge stormwater from Outfall 006 subject to the following effluent limitations and monitoring requirements. All analytical monitoring shall be performed during a representative storm event. Discharge Characteristics Units Measurement Frequency Sample Type Sample Location Rainfall duration minutes Semi-annual - - Total rainfall inches Semi-annual - - Oil & grease mg/L Semi-annual Grab SDO* BOD5 mg/L Semi-annual Grab SDO COD mg/L Semi-annual Grab SDO Total suspended solids mg/L Semi-annual Grab SDO Total Kjeldahl nitrogen mg/L Semi-annual Grab SDO Nitrate + nitrite nitrogen mg/L Semiannual Grab SDO Total nitrogen mg/L Semi-annual Grab SDO Ammonia nitrogen mg/L Semi-annual Grab SDO Total phosphorus mg/L Semi-annual Grab SDO pH Standard units Semi-annual Grab SDO Fecal coliform #/100 mL Semi-annual Grab SDO Cyanide ug/L Semi-annual Grab SDO Aluminum ug/L Semi-annual Grab SDO Arsenic ug/L Semi-annual Grab SDO Cadmium ug/L Semi-annual Grab SDO Chromium ug/L Semi-annual Grab SDO Cobalt ug/L Semi-annual Grab SDO Copper ug/L Semi-annual Grab SDO Lead ug/L Semi-annual Grab SDO Mercury ug/L Semi-annual Grab SDO Nickel ug/L Semi-annual Grab SDO Selenium ug/L Semi-annual Grab SDO Silver ug/L Semi-annual Grab SDO Zinc ug/L Semi-annual Grab SDO Acetaldehyde ug/L Semi-annual Grab SDO Acrolein ug/L Semi-annual Grab SDO AIIyI alcohol ug/L Semi-annual Grab SDO Formaldehyde ug/L Semi-annual Grab SDO Xylene ug/L Semi-annual Grab SDO 1,1-biphenyl ug/L Semi-annual Grab SDO 2-methylphenol ug/L Semi-annual Grab SDO 4-methylphenol ug/L Semi-annual Grab SDO *Stormwater discharge outfall In addition, the Permittee shall monitor semi-annually for the parameters listed in Condition A.(2.). Semi-annual monitoring means once in the months of April - June, and once in the months of September - November. NEW A.(14.) QUALITATIVE STORMWATER MONITORING Qualitative monitoring requires a visual inspection of each stormwater outfall (Outfalls 004, 005, 006) regardless of representative outfall status and shall be performed as specified below. 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. The Permittee shall conduct qualitative monitoring during a stormwater discharge, but not necessarily during a stormwater discharge resulting from 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). Qualitative Monitoring Requirements Discharge Characteristics, ~ Frequency , Monitoring. Color Semi-annually SDO Odor Semi-annually SDO Clarity Semi-annually SDO Floating Solids Semi-annually SDO Suspended Solids Semi-annually SDO Foam Semi-annually SDO Oil Sheen Semi-annually SDO Erosion in the outfall vicinity Semi-annually SDO Sedimentation in the outfall vicinity Semi-annually SDO Trash or other obvious indicators of stormwater pollution Semi -Annually SDO NEW A.(15.) STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, hereinafter referred to as the Plan. The Plan shall be considered public information. 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 that 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 comparable map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is to a municipal separate storm sewer system, the name of the municipality, and the ultimate receiving waters, and accurate latitude and longitude of the points 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 location of industrial activities (including storage of materials, disposal areas, process areas, and loading and unloading areas), site property boundaries, drainage structures, drainage area boundaries, total area for each outfall, activities occurring in each drainage area, building locations, existing BMPs, impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants that 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 three 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 must 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 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, and 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 common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed and implemented. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment, and plant systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on stormwater protection principles, 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 the specific position(s) or person(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 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 to the Director that the changes have been made. 8. Facility Inspection Program. The Permittee must inspect all stormwater systems on at least a quarterly schedule, once in the periods of January - March; April - June; July - September; and October - December. 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 plant systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. 9. Implementation. The Permittee shall document all monitoring, measurements, inspections, maintenance activities, and training provided to employees, a log of the sampling data, and a record of actions taken to implement BMPs. 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. BOILERPLATE ADDITIONS TO THE WASTEWATER PERMIT (Sergei, we may already have these parts in your Standard Conditions, General Conditions, etc. wastewater boilerplate. I've included them here in case we don't.) PART III. 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 shall be accomplished within 12 months of the effective date of the initial permit issuance. 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 I43-215.3, I43-215.6A, 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. Part III. B. GENERAL CONDITIONS 3. Signatory Requirements (This section is specifically referenced in my stormwater pollution prevention plan write-up above, in New A.(15.) 1.(e). - either way, may I ask you to check the reference in A.(15.) to be sure it ties to your correct boilerplate section?) 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: (I) 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; (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. 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." III. C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent Toss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and 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. M.D. MONITORING AND RECORDS I. 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. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. 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. III. E. REPORTING REQUIREMENTS 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. VI. DEFINITIONS 3. Allowable Non-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. 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. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self- government such as a city or town. 17. 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. 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. 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 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. 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 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. 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). 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 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. 32. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(I) of the Clean Water Act. 34. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 35. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 36. 25-Year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. PROPOSED PARAGRAPH TO BE INCLUDED IN THE PERMIT TRANSMITTAL LETTER The permit requires stormwater monitoring for a fairly broad set of parameters based on the constituents monitored in the wastewater discharges and based on the constituents reported to be on site. In general, the September 2004 permit modification request contained insufficient data to provide a basis for DWQ to reduce the stormwater monitoring requirements. DWQ will consider any future request from INVISTA to reduce the stormwater monitoring requirements for specific parameters after the collection of one year of data, i.e., a minimum of two semi-annual monitoring results.