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.