HomeMy WebLinkAboutRiverbend Steam Station (8)A*4
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly EG„eq Dnrt tie C�u.lev '.Nal:lid, P E
Governor Director
March 21, 2012
Mark McGary
Senior Engineer
Duke Energy Carolinas, LLC
P.O. Box 1006, Mail Code EC13K
Charlotte, North Carolina 28201
Ica F ccmar
Secretary
Subject- Draft NPDES Stormwater Permit
Permit Nos NCS000546, NCS000548,
& NCS00549
Duke Energy Carolinas, LLC -
Plant Allen, Marshall Steam Station,
and Riverbend Station
Gaston and Catawba Counties
Dear Mr. McGary:
Enclosed with this letter is a copy of revised draft NPDES stormwater permits for these three
facilities. Please review the draft permits very carefully to ensure thorough understanding of the
conditions and requirements each contains.
Thank you for meeting with us last November to discuss your questions and concerns with the
proposed stormwater permits for these facilities. As we explained, efforts to permit coal -fired
power plants consistently across the state led to a comprehensive stormwater monitoring scheme
for all such plants. The original draft permits for these sites contained the same requirements as
other NDPES stormwater permits issued for coal -fired power plants since 2009.
We also hope we clarified the intent and flexibility of designating outfalls with "Representative
Outfall Status" (ROS) to alleviate the company's concerns about that process. We will continue to
work with you and the Mooresville Regional Office during this draft permit stage to establish ROS
for the most appropriate outfalls at these sites. With this letter, we are transmitting our proposed
ROS designation at each site. We invite further consultation with you and the regional office to
reach a mutual resolution if necessary.
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location 512 N Salisbury St Raleigh, North Carolina 27604
Phone 919 -807 -63001 FAX 919 -807 -6492
Internet www rimaterouallty oro
An Equal Opportunity 1 Affirmative Action Employer
One
NorthCarohna
Nah(raliff
Duke Energy Carolinas, LLC
March 21, 2012
Page 2 of 9
Changes to Draft Permits 7� c
These permits reflect a newer NPDES stormwater Permit template, `rll?ICI? the Stprrnwater
Permitting Unit (SPU) implemented for all industrial stormwater permits this year (not just power
plants). Standard changes include the requirement to monitor during a "measureable storm event,"
rather than "representative storm event." Based on our discussion at the November meeting and
your comments, we have also proposed revised monitoring requirements. These changes reduce
metals monitoring significantly. The Division will continue to structure stormwater permits for all
coal -fired power plants as consistently as possible across the state.
These permits contain monitoring for conventional pollutants COD, TSS, O &G, and pH because
they are general indicators of potential stormwater contaminants at these types of sites. Data from
permitted power plants and new permit applications indicate these parameters sometimes exceed
or fall outside of benchmark ranges The pH is also critical to characterizing toxicity of metals
These draft permits also include monitoring for mercury (Hg) and selenium (Se) Both metals are
in coal combustion waste ash, a potential stormwater contaminant at these sites. All waterbodies in
the state are impaired for mercury, and a statewide mercury TMDL is under development Studies
by N.C. State University researchers suggest that selenium may be taken up in fish in preference to
mercury at locations in close proximity to coal -fired power plants (Sackett et al., 2010). Regional
deposition may influence mercury discharge concentrations, and therefore field blank data must be
reported. DWQ has not identified a conflict with sampling during a stormwater event and
employing Method 1631 for analysis when the intent is to characterize stormwater discharges (and
not uncontaminated wastewater discharges).
Permits for these sites will include aluminum (Al) monitoring if sample results submitted with the
application exceed the stormwater benchmark concentration of 0.75 mg /1, or if no data are
available North Carolina does not currently have a water quality standard for aluminum, but there
are federal recommended water quality criteria An aluminum benchmark will not apply unless
the waterbody is ever impaired for aluminum or for biological integrity.
Power plants discharging stormwater to waterbodies impaired for copper (Cu), zinc (Zn), or
other priority pollutant metals will monitor for those metals. Biological impairment also
prompts copper and zinc monitoring, and possibly other metals associated with coal ash.
Exceptions may be made (and monitoring required) for metals or other toxicants for plant sites
discharging to waterbodies that are not impaired if data or other information evidences a possible
problem with stormwater discharges. However, in general, these permits will not require
monitoring for all priority pollutant metals as originally proposed.
There is no benchmark that triggers monthly monitoring for mercury. Also, sampling for metals
may be discontinued after four consecutive samples are below the benchmark or below 12 ng /1 of
mercury Where applicable, these permits offer alternatives to copper and zinc benchmarks (see
Part II, Section B.). In some cases, nutrient monitoring (total nitrogen and /or total phosphorus)
will apply because of nutrient problems in the river basin The draft permit for Plant Allen includes
annual nitrogen and phosphorus monitoring because of nutrient concerns in the Catawba River
basin and Lake Wylie.
Duke Energy Carolinas, LLC
March 21, 2012
Page 3 of 9
These draft permits allow qualitative monitoring to be limited to representative outfalls if the
remaining outfalls can be observed once per the permit term Exceptions may be made where the
regional office agrees outfaiis are truiy inaccessible or cannot be made safe without excessive
burden on the permittee; or the regional office determines some outfalls warrant more periodic
observation.
Plants Shutting Down
Draft permits for plants scheduled to shut down within the five -year permit term will include
monitoring for the same parameters based on the criteria explained above. Annual sampling
without benchmarks that trigger monthly monitoring is proposed for the Riverbend Steam
Station, contingent on the company submitting a plan within six months of the permit effective
date to outline the shutdown schedule and clean -up details This plan should include a
demonstration that past or present industrial activities will longer have the potential to pollute
stormwater.
Please note that the Division is still obligated to review any request for permit rescission and to
consider site conditions after the shutdown before approving the request The Division may also
require more frequent monitoring at a plant scheduled to shut down if discharge data or in- stream
data justify concern about in- stream standard violations
Comment Period
Because of the significant changes, the Division will re- notice these revised draft permits for
another public comment period. We are also appending responses to comments Duke Energy
submitted on each of these plant's original draft permits (see attached) We hope this information
will answer some of the questions that remained after our initial meeting with you last fall We
welcome the opportunity to meet with you again to discuss the proposed permits during the 30 -day
public notice period
Please submit any comments to the appropriate Stormwater Permitting Unit (SPU) contact no later
than thirty (30) days following your receipt of the draft. Comments should be sent to the address
listed at the bottom of this page. If no adverse comments are received from the public or from you,
these permits will be issued in about two months If you have any questions or comments
concerning these draft permits, please contact
Plant Allen - Bethany Georgoulias at (919) 807 -6372 or bethany.georgoulias @ ncdenr.gov
Marshall Steam Station - Brian Lowther at (919) 807 -6368 or brian lowther@ncdenr.gov
Riverbend Steam Station - Robert Patterson at (919) 807 -6375 or robert patterson @ncdenr.gov
Sincerely,
Bradley Bennett
Supervisor, Stormwater Permitting Unit
cc Mooresville Regional Office, Water Quality Section (w /attachment)/ M Parker
Stormwater Permitting Unit
Attachments
Duke Energy Carolinas, LLC
March 21, 2012
Page 4 of 9
References
Sackett D K D D Adav% !.A. 12ice, W.G Cope, and D Daa:d Buchwalter, 201 01 Does proximity to coal -
fired power plants influence fish tissue mercury? Ecotoxicology 19:1601 -1611 DOI:
10.1007/s10646- 010 - 0545 -5.
Duke Energy Carolinas, LLC
March 21, 2012
Page 5 of 9
Response to Comments from Duke Energy on Previous Draft Permits
Plant Allan - NC5000546
Comments on the draft permit were received September 15, 2011, and subsequent comments
were received via e-mail on November 18, 2011 We have tried to address many of these
comments below.
With its permit application, the company requested representative outfall status (ROS) for four
stormwater discharge outfalls. The Mooresville Regional Office has recommended approval with
some modifications. The recommendations include approval of ROS for SWO05, SWO08, SW011
and SW015 (instead of SW018)
• SW005 represents outfalls SW002, SW004 - SW006, SW014, and Group SW017
• SW008 represents outfalls SW001, SW003, SW007 - SW010, and Group SW013
• SW011 represents outfalls SW011 and SW012.
• SW015 represents outfalls SW016, SW018, and SW020.
The draft permit also includes a special footnote for SW011 and SW012 because discharges
commingle with wastewater outfall flows. Because of a lack of recent analytical data, the Region
has advised a short -term period of sampling at some of the outfalls represented by this group,
including outfalls SW002, SW007, SW009, SW010, and SW012. The Division is proposing two
sampling events in the first year of the permit for these outfalls. However, the draft permit
does not contain conditions specifying that sampling.
DWQ typically handles representative outfall status (ROS) designation outside of the permit
because that status (and the relief from monitoring other outfalls) is subject to change if activities
or other circumstances change. Otherwise, the permittee would have to go through the process of a
permit modification every time ROS changed. With our current process, designations of, and any
changes to ROS can be handled more expeditiously without reopening a permit for modification.
The Division will verify ROS approval and temporary monitoring requirements in the cover letter of
the issued permit, unless the company prefers to include these specifications in the final permit.
Your letter in September 2011 listed numerous outfalls on the plant property that Duke Energy
feels are not part of the industrial use areas and should be excluded from the permit Those outfalls
are SW001, Group SW013, SW014, Group SW017, SW019, and SW020
Response: The company may have a better understanding of which outfalls do not drain runoff
associated with industrial activity since our November meeting The NPDES stormwater permit
applies to all stormwater outfalls associated with industrial activity, it is the permittee's
responsibility to identify all appropriate discharge outfalls in the Stormwater Pollution Prevention
Plan (SPPP) and to conduct sampling as necessary Please note that magnitude of risk to surface
waters does not determine whether or not a stormwater discharge is subject to the NPDES permit
Applicability is determined by whether that discharge is associated with industrial activities For a
definition of " Stormwater Associated with Industrial Activity," please refer to the DEFINITIONS
section in Part VI of the permit and to 40 CFR §122 26 (b)(14) The Division will be happy to help
you with any questions about whether a drainage area falls into that category or not
Duke Energy Carolinas, LLC
March 21, 2012
Page 6 of 9
The company commented that several stormwater outfalls are currently inaccessible, and that
there are concerns about safe and secure access to theses outfalls for sampling and monitoring. For
exaunpie, you indicated sampling from Group SW013 and Group SW017 was not feasible.
Response: Most of the outfalls listed will be represented by other outfalls, with the exception of
SWO12 The Mooresville Regional Office (MRO) has advised short -term analytical sampling for
SWO12, and the Central Office is recommending sampling during the first year only Attached to the
comments was a photo of SWO12 that noted sample collection probability was "likely" if sampled
upstream of the outlet because it is submerged This approach is acceptable We understand your
concerns about safety and secure acces., to outfalls, and :Ne %illy support tukiig Caution ill order to
make sure outfalls are accessed safely. We encourage sampling at the nearest, safely accessible
location upstream of a stormwater outfall when it is necessary
Duke Energy's comments in September 2011 addressed many concerns about the list of analytical
monitoring parameters and lack of a basis for the proposed monitoring Your comments express
the opinion that the ash basin discharges of wastewater should represent "the worst case impacts
to surface waters in terms of mass loading associated with the facility.
Response: The NPDES wastewater permits are developed with the benefit of a considerable
amount of historical data With those data, staff can do a reasonable potential analysis and
determine whether monitoring a parameter is warranted for wastewater flows, which are also
permitted at a maximum flow rate Typically no maximum flow rates are established for
stormwater discharge outfalls, and the amount of stormwater data from this plant site is very
limited Only two stormwater samples —each from a different outfall —were submitted with the
permit application, and data from any other samples for previous NPDES wastewater permit
renewals were not provided As a comparison, typically a minimum of 8 -10 samples are required
for a reasonable potential analysis of wastewater concentrations Please see the revised list of
parameters in the attached draft permit and discussion on p 2 to understand how the Division has
addressed this concern
In its comments, the company was concerned that there was no scientific justification for many of
the benchmark values and suggested that a water quality issue, such as a 303(d) listing
(impairment), should drive the need for a benchmark. The comment letter requested that the
benchmarks that do not relate to actual existing water quality issues in the receiving water body be
removed The company expressed concern that exceeding a benchmark would give the appearance
to third parties that a water quality standard had been violated.
Response: The stormwater benchmarks (or "triggers" for additional stormwater management
responses) are not the same as effluent limits, and exceeding those values is not a violation of the
NPDES stormwater permit Benchmarks are intended as a tool for the permittee to evaluate the
effectiveness of BMPs and flag possible stormwater contamination problems The Division has
incorporated flexibility in Tier 3 of the permit to work with the permittee in addressing issues,
including ameliorating monitoring requirements when appropriate
Benchmarks are determined with guidance from the Division's Classification and Standards Unit
and use data from multiple sources, including EPA's National Recommended Water Quality Criteria
and N C Surface Water Quality Standards (found in 15A NCAC 02B Rules) When rules or
regulations do not contain information for a pollutant of concern, benchmarks may be calculated
per 15A NCAC 2B 0200 using peer - reviewed toxicity data, other reference sources, and best
Duke Energy Carolinas, LLC
March 21, 2612
Page 7 of 9
professional judgment (BPJ) For toxics like metals, stormwater benchmark concentrations are
based on the 1/z Final Acute Value (FAV) or other value protective against acute impacts to aquatic
life whenever available Conventional poiiutants in this permit (BOD, COD, u &G) are based on the
secondary treatment standards in the federal regulations (40 CFR §133) In the Division's best
professional_ judgment, stormwater concentrations of these pollutants that regularly exceed those
standards indicate a possible problem
The requirement to control the discharge of stormwater pollutants is established in federal rule and
North Carolina law, that requirement is not based on establishing impact This oversight is
ciinsist,-nt ✓w ith the Division's oti er pr cgrails T'Ilc "'iv% sign has incVrpGr ated Jlorm Jtjatcr
benchmarks into industrial stormwater permits for the last four years, and it modeled the tiered
response approach after other states' programs Compliance with the permit is established by the
permittee responding appropriately to benchmark exceedances in the tiered structure
The company commented that EPA Method 1631 E low level mercury analysis was not appropriate
for stormwater sampling and requested the requirement be removed, or that it be replaced with
Cold Vapor Mercury Analytical Method 245 1.
Response: We understand the limitations of EPA Method 1631 E However, the low level mercury
analysis is the only acceptable method for measuring concentrations at the water quality standard
of 12 ng /1 Even though regional wet deposition may contribute to mercury concentrations
measured in stormwater discharges from this site, Method 245 1 is not likely to detect those
concentrations because its practical quantification limit (PQL) is only 0 2 µg /l DWQ has not
identified a conflict with sampling during a stormwater event and employing Method 1631 for
analysis when the intent is to characterize stormwater discharges
In its comment letter, the company requested that the Annual Summary DMR reporting
requirement (to the DWQ Regional Office) be removed.
Response: We are receptive to the company's concern that this annual submittal was redundant
with the standard reporting requirement to submit DMRs to the Central Office within 30 days of
receiving results This requirement has been removed from Part 11, Section B, Table 2 (and Part III,
Section E 2 ).
The company's comments expressed dissatisfaction about the mandatory 60 -day separation
between concurrent sampling events (Part II, Section B.)
Response: The Division feels that a 60 -day (2- month) separation between two concurrent
sampling events in a year period (12 months) gives sufficient time to capture two representative
events to fulfill the semi- annual sampling schedule If significant drought conditions make
capturing the subsequent qualifying event within the semi - annual (6 month) sampling period
window, the Division will work with permittees who document that difficulty in their monitoring
records
Duke Energy Carolinas, LLC
March 21, 2012
Page 8 of 9
Response to Comments from Duke Energy on Previous Draft Permits, Cont.
ivicirsnali Stearn Station - (Vi
I Duke Energy Carolinas, LLC
March 21, 2012
Page 9 of 9
Response to Comments from Duke Energy on Previous Draft Permits, coat.
Riverdena �teani Station - IVCS000549
Comments on the draft permit were received August 16, 2011, and subsequent comments were
received via e-mail on November 18, 2011. We have tried to address many of these ccmments
below.
With its permit application, the company requested representative outfall status (ROS) for two
stormwater discharge outfalls (SDO) , SWO02 and SW004. Duke Energy's comments in September
2011 reduced that and requested ROS for only a single SDO, SW002. The Moor esvilie Regional
Office has recommended approval with some modifications as discussed with you at the site visit
on June 22, 2011. The recommendations include approval of ROS for SWO01; SWO02, and SWO06
(instead of SWO04).
• SWO01 represents outfall SW001.
• SWO02 represents outfalls SWO02, SW005, SWO07, and SWO14.
• SWO06 represents outfalls SWO03, SWO06, and SWO08
Based on the site visit, outfalls SWO04, SWO10, SWO11, and SWO12 will not be monitored since they
are not part of the industrial activities that occur on the site.
DWQ typically handles representative outfall status (ROS) designation outside of the permit
because that status (and the relief from monitoring other outfalls) is subject to change if activities
or other circumstances change. Otherwise, the permittee would have to go through the process of a
permit modification every time ROS changed. With our current process, designations of, and any
changes to ROS can be handled more expeditiously without reopening a permit for modification
The Division will verify ROS approval in the cover letter of the issued permit, unless the company
prefers to include these specifications in the final permit.
The company commented that several stormwater outfalls are currently inaccessible, and that
there are concerns about safe and secure access to theses outfalls for sampling and monitoring. For
example, you indicated sampling from SWO06 and SWO14 was not feasible.
Response: Most of the outfalls listed will be represented by other outfalls, with the exception of
SWO06 The Mooresville Regional Office (MRO) has recommended that SWO06 be a representative
outfall, and the Central Office is recommending only annual sampling Attached to the comments
was a photo of SWO06 that noted sample collection probability was not feasible at the outlet
However, it would be acceptable to sample further upstream of the pipe outlet for SWO06 We
understand your concerns about safety and secure access to outfalls, and we fully support taking
caution in order to make sure outfalls are accessed safely We encourage sampling at the nearest,
safely accessible location upstream of a stormwater outfall when it is necessary
Earlier responses to Duke Energy's comments pertaining to Plant Allen address other comments
submitted by the company for Riverbend Steam Station.
Permit No NCS000549
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143- 215.1, other
lawful standards and regulations promulgated and adopted by the North Carolina
Environmental Management Commission, and the Federal Water Pollution Control Act, as
amended,
Duke Energy Carolinas, LLC
is hereby authorized,to discharge stormwater from a facility located at
Riverbend Steam Station
175 Steam Plant Road
Mount Holly, NC
Gaston County
to receiving waters designated as the Catawba River (Mountain Island Lake), class WS -IV, B;
CA stream in the Catawba River Basin, in accordance with the discharge limitations,
monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof.
Note Draft Permit Dates are Approximate
This permit shall become effective [June 1, 2012]
This permit and the authorization to discharge shall expire at midnight on [May 31, 2017]
Signed this [11th ] day of [May 2012]
for Charles Wakild, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No NCS000549
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C• Location Map
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: Qualitative Monitoring Requirements
Section D• On -Site Vehicle \Maintenance Monitoring Requirements
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
l
Section A• Compliance and Liability
1. Compliance Schedule
2. Duty to Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
S. Oil and Hazardous Substance Liability
6. Property Rights
7. Severability
8. Duty to Provide Information
9. Penalties for Tampering
10. Penalties for Falsification of Reports
11. Onshore or Offshore Construction
12. Duty to Reapply
I
Permit No NCS000549
Section B• General Conditions
1 Permit Expiration
2. Transfers
3 Signatory Requirements
4. Permit Modification, Revocation and Reissuance, or Termination
S. Permit Actions
6. Annual Administering and Compliance Monitoring Fee
Requirements
Section C. Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not,a Defense
3 Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1.
Representative Sampling
2.
Recording Results,,
3.
Flow Measurements
4.
Test,Procedures'
5.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4
Non - Stormwater Discharges
S.
Planned Changes
6.
Anticipated Noncompliance
7.
Spills
8.
Bypass
9.
Twenty -four Hour Reporting
10.
Other Noncompliance
11.
Other Information
PART IV DEFINITIONS
III
Permit No NCS000549
PART I INTRODUCTION
SECTION A. INDIVIDUAL PERMIT COVEPM.OE
During the period beginning on the effective date of the permit and lasting until expiration,
the permittee is authorized to discharge stormwater associated with industrial activity.
Such discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described
in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES
stormwater discharge permit requirements. Any owner•'or operator wishing to obtain a No
Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NOI) form to
the Division; must receive approval by the Division; must maintain no exposure conditions
unless authorized to discharge under a valid NPDES stormwater permit; and must recertify
the No Exposure Exclusion annually.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of'North Carolina or separate storm sewer system that
has been adequately treated and managed in accordance with the terms and conditions of
this permit All stormwater /discharges/shall be in accordance with the conditions of this
permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non - stormwater discharge or is covered by another permit, authorization, or
approval. The stormwater discharges allowed by this permit shall not cause or contribute
to violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
Part I Page 1 of 2
SECTION C: LOCATION MAP
Permit No NCS000549
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NCS000549 Duke Energy Carolinas, LLC
Riverbend Stearn Station
N Latitude. 350 21' 40" N "EAW
Longitu&%- BCD 58'32'r W
County:, Gaston
Receiwing Stream: Catawba River (Mountain Esl and Lake)
Stream Class. W,5-1V, B; CA
Index No.• 11-(114) Facility Location
Sub -basin 03-08-33 (Catawba River Basin)
Part I Page 2 of 2
Permit No NCS000549
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop and implement a Stormwater Pollution Prevention Plan
(SPPP). The SPPP shall be maintained on site unless exempted from this requirement by
the Division. The SPPP is public information in accordance with Part III, Standard
Conditions, Section E, paragraph 3 of this permit. T he SPPP shall include, at a minimum,
the following items:
1 Site Overview The Site Overview shall provide,a description of the physical facility
and the potential pollutant sources that may be expected to contribute to
contamination of stormwater discharges. The Site Overview shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent
map), showing the facility's location in relation-to transportation routes and surface
waters; the name of the receiving waters to which the stormwater outfalls
discharge, or if the discharge is to a municipal separate storm sewer system, the
name of the municipality and the ultimate receiving waters; and accurate latitude
and longitude of the points ofstormwater discharge associated with industrial
activity. The general location inap`(or alternatively the site map) shall identify
whether any receiving /waters�are impaired (on the state's 303(d) list of impaired
waters) or if the site'is located in a watershed for which a TMDL has been
established, and what-the- parameters of concern are.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants that
could be expected to be present in the stormwater discharge from each outfall.
(c) A site map drawn at a scale sufficient to clearly depict: the site property boundary,
the stormwater discharge outfalls; all on -site and adjacent surface waters and
wetlands, industrial activity areas (including storage of materials, disposal areas,
process areas, loading and unloading areas, and haul roads); site topography and
finished grade; all drainage features and structures; drainage area boundaries and
total contributing area for each outfall; direction of flow in each drainage area;
industrial activities occurring in each drainage area; buildings; stormwater Best
Management Practices (BMPs); and impervious surfaces. The site map must
indicate the percentage of each drainage area that is impervious, and the site map
must include a graphic scale indication and north arrow.
(d) A list of significant spills or leaks of pollutants during the previous three (3) years
and any corrective actions taken to mitigate spill impacts.
Part II Page 1 of 12
Permit No NCS000549
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non - stormwater discharges The permittee shall re- certify annually that the
stormwater outfalls have been evaluated for the presence of non - stormwater
discharges. The certification statement will be signed in accordance with the
requirements found in Part III, Standard Conditions, Section B, Paragraph 3
2. Stormwater Management Strategy. The Stormwater Management Strategy shall
contain a narrative description of the materials management practices employed which
control or minimize the stormwater exposure of significant_ materials, including
structural and nonstructural measures. The Stormwater Management Strategy, at a
minimum, shall incorporate the following-
(a) Feasibility Study. A review of the technical and economic feasibility of changing
the methods of operations and /or storage practices to eliminate or reduce exposure
of materials and processes to rainfall and run -on flows. Wherever practical, the
permittee shall prevent exposure of all storage•areas, material handling operations,
and manufacturing or fueling operations. In areas where elimination of exposure is
not practical, this review shall documentthei,feasibility of diverting the stormwater
run -on away from areas of potential contamination.
(b) Secondary Containment Requirements and Records Secondary containment is
required for. bulk stora eg of liquid materials; storage in any amount of Section 313
of Title III of the Superfund Amendments and Reauthorization Act (SARA) water
priority chemicals; and storage in any amount of hazardous substances, in order to
prevent leaks and soillsjroom contaminating stormwater runoff A table or summary
of all such tanks and, stored materials and their associated secondary containment
areas shall be maintained. If the secondary containment devices are connected to
stormwater conveyance systems, the connection shall be controlled by manually
activated valves or other similar devices (which shall be secured closed with a
locking mechanism). Any stormwater that accumulates in the containment area
shall be at a minimum visually observed for color, foam, outfall staining, visible
sheens and dry weather flow, prior to release of the accumulated stormwater.
Accumulated stormwater shall be released if found to be uncontaminated by any
material. Records documenting the individual making the observation, the
description of the accumulated stormwater, and the date and time of the release
shall be kept for a period of five (5) years.
(c) BMP Summary. A listing of site structural and non - structural Best Management
Practices (BMPs) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and on data collected
through monitoring of stormwater discharges The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
Part II Page 2 of 12
Permit No NCS000549
3. Spill Prevention and Response Procedures. The Spill Prevention and Response
Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based
on a materials inventory of the facility Facility personnel responsible for implementing
the SPRP shall be identified in a written list incorporated into the SPRP and signed and
dated by each individual acknowledging their responsibilities for the plan. A
responsible person shall be on -site at all times during facility operations that have the
potential to contaminate stormwater runoff through spills or exposure of materials
associated with the facility operations. The SPRP must be site stormwater specific.
Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a
component of the SPRP; but may not be sufficient to completely address the stormwater
aspects of the SPRP. The common elements of the SPCC with the SPRP may be
incorporated by reference into the SPRP.
4. Preventative Maintenance and Good Housekeeping Program A preventative
maintenance and good housekeeping program"hall be developed and implemented. ts
The program shall address all stormwater control systems (if applicable), stormwater
discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial
activity areas (including material storage areas; - material handling areas, disposal areas,
process areas, loading and unloading areas, and haul roads), all drainage features and
structures, and existing structural BMPs. The program shall establish schedules of
inspections, maintenance, and housekeeping aactivities of stormwater control systems,
as well as facility equipment, facility areas, and facility systems that present a potential
for stormwater exposure or stormwater - pollution where not already addressed under
another element of the SP,PP. Inspection of material handling areas and regular
cleaning schedules of these areas)shall be incorporated into the program. Timely
compliance with the establi hed schedules for inspections, maintenance, and
housekeeping shall be recorded and maintained in the SPPP.
S Facility Inspections Inspections of the facility and all stormwater systems shall occur
as part of the Preventative Maintenance and Good Housekeeping Program at a
minimum on a semi- annual schedule, once during the first half of the year (January to
June), and once during the second half (July to December), with at least 60 days
separating inspection dates (unless performed more frequently than semi- annually)
These facility inspections are different from, and in addition to, the stormwater
discharge characteristic monitoring at the outfalls required in Part I1 B, C, and D of this
permit.
6. Employee Training Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill
response and cleanup, preventative maintenance activities, and for any of the facility's
operations that have the potential to contaminate stormwater runoff. The facility
personnel responsible for implementing the training shall be identified, and their
annual training shall be documented by the signature of each employee trained.
Part II Page 3 of 12
Permit No NLS000549
7. Responsible Party The SPPP shall identify a specific position or positions responsible
for the overall coordination, development, implementation, and revision of the SPPP.
Responsibilities for all components of the SPPP shall be documented and position
assignments provided
8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP
whenever there is a change in design, construction, operation, site drainage,
maintenance, or configuration of the physical features which may have a significant
effect on the potential for the discharge of pollutants to surface waters. All aspects of
the SPPP shall be reviewed and updated on an annual basis The annual update
shall include:
(a) an updated list of significant spills or leaks of,pollutants for the previous three
(3) years, or the notation that no spills have occurred (element of the Site
Overview);
(b) a written re- certification that the stormwater outfalls have been evaluated for
the presence of non - stormwater discharges .(element of the Site Overview),
(c) a documented re- evaluation of the effectiveness of the on -site stormwater
BMPs (BMP Summary element of the Stormwater Management Strategy).
(d) a review and comparison ofsample analytical data to benchmark values (if
applicable) over the past year, including a discussion about Tiered Response
status. The permittee shall use the Division's Annual Summary Data
Monitoring Report (DMR)`form, available from the Stormwater Permitting
Unit's website (See `Monitoring Forms' here:
http: / /portal:ncdenr.orgf web /wq/ws /sulnpdessw).
The Director may notifythe.pdrmittee when the SPPP 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 SPPP to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes
have been made.
9. SPPP Implementation. The permittee shall implement the Stormwater Pollution
Prevention Plan and all appropriate BMPs to prevent contaminants from entering
surface waters via stormwater. Implementation of the SPPP shall include
documentation of all monitoring, measurements, inspections, maintenance activities,
and training provided to employees, including the log of the sampling data and of
actions taken to implement BMPs associated with the industrial activities, including
vehicle maintenance activities. Such documentation shall be kept on -site for a period of
five (5) years and made available to the Director or the Director's authorized
representative immediately upon request.
Part II Page 4 of 12
Permit No NCS000549
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1
All analytical monitoring shall be performed during a rneasureable storm event at each
stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with
industrial activity must be sampled (See Definitions).
A measurable storm event is a storm event that results in an actual discharge from the
permitted site outfall The previous measurable storm event must have been at least 72 hours
prior. The 72 -hour storm interval does not apply if the permittee is able to document that a shorter
interval is representative for local storm events during the sampling period, and the permittee
obtains approval from the local DWQ Regional Office See Definitions,
Table 1. Analytical Monitoring Requirements
Discharge
Characteristics -
Uinits
Measurement
Fre uen - �> ,
Sample
T , e2
Sample
Location3
Total Suspended Solids (TSS)
m L
annual
Grab
SDO
Chemical Oxygen Demand COD
mg/L,;
;, annual
Grab
SDO
Oil and Grease 0 &G
m L
annual
Grab
SDO
H
standard
annual
Grab
SDO
Mercury (Hg)4
mg %L`
annual4
Grab
SDO
�_.
Selenium (Se)5 �'
% \/
mg /L
annuals
Grab
SDO
Aluminum (Al)5 i
mg /L
annuals
Grab
SDO
Boron (B), optional6 ��
mg /L
annual
Grab
SDO
Total Rainfa117
inches
annual
Rain Gauge
-
Footnotes
1 Measurement Frequency Once per year during a measureable storm event
2 Grab samples shall be collected within the first 30 minutes of discharge
3 Sample Location Samples shall be collected at each stormwater discharge outfall (SDO) unless
representative outfall status (ROS) has been granted A copy of the letter granting ROS shall be kept on
site
4 Mercury shall be analyzed by EPA Low -level detection method 1631E This method also requires a field
blank be analyzed Field blank data must be reported for all Hg samples The permittee may discontinue
Hg monitoring at every outfall where four (4) consecutive samples are below 12 ng /l (0 012 µg /1) The
permittee may request approval by the Division to discontinue Hg monitoring at other outfalls where Hg
concentrations are above 12 ng /l but field blank data or other information suggest no localized stormwater
contamination source (for example, typical of stormwater concentrations elsewhere in the region)
5 Monitoring for each of these parameters may be discontinued at every outfall where four (4) consecutive
samples are below the benchmark concentration
6 Boron (B) monitoring is optional The permittee may elect to monitor boron for the purpose of establishing
a relationship between B concentrations and other metals as a surrogate indicator for coal - related sources
If the permittee proposes a benchmark concentration for boron with sufficient data and supporting
rationale, DWQ will consider relieving monitoring for one or more of the other metals in the permit The
Part II Page 5 of 12
Permit No NCS000549
permittee must also demonstrate contributions from other (not coal - related) potential sources of those
metals on -site are minimal
7 For each sampled measureable storm event, the total precipitation must be recorded An on -site rain gauge
or local rain gauge reading muust be recorded
The permittee shall complete the analytical samplings in accordance with the schedule
specified below in Table 2, unless adverse weather conditions prevent sample collection
(see Adverse Weather in Definitions). A minimum of 60 days must separate Period 1
and Period 2 sample dates, unless more frequent monitoring has been instituted
Inability to sample because of adverse weather conditions must be documented in the SPPP
and recorded on the DMR. The permittee must report the results from each sample taken
within the monitoring period (see Part III, Section E).
Table 2. Monitoring Schedule
lVionitoring periodic?`
Saitiple Numbers
Start -
. y End
Year 1
1
June 1, 2012
June 30, 2013
Year 2
2
July 1, 2013
June 30, 2014
Year 3
3
July 1, 2014
June 30, 2015
Year 4
4
July 1, 2015
June 30, 2016
Year 5
5
July 1, 2016
May 31, 2017
Footnotes. A
1 Maintain annual monitoring -until either another permit is issued for this facility or until this permit
is revoked or rescinded The permittee must submit an application for renewal of coverage before
the submittal deadline (A80 days before expiration) to be considered for renewed coverage under
the permit The permittee must continue analytical monitoring throughout the permit renewal
process, even if a renewal permit is not issued until after expiration of this permit
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report
indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period
Failure to monitor annually per permit terms immediately institutes monthly
monitoring for all parameters, upon the next measureable storm event. After six (6)
months of monthly monitoring, the permittee may return to an annual sampling
monitoring schedule, unless DWQ requires continued monthly monitoring "No discharge"
from an outfall during a monitoring period does not constitute failure to monitor, as long as
it is properly reported
The permittee shall compare monitoring results to the benchmark values in Table 3 The
benchmark values in Table 3 are not permit limits but should be used as guidelines for the
permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values
may require the permittee to increase monitoring, increase management actions, increase
record keeping, and /or install stormwater Best Management Practices (BMPs) in a tiered
program. See below the descriptions of Tier One and Tier Two response actions below.
Part I1 Page 6 of 12
Permit No NCS000549
Table 3. Benchmark Values for Analytical Monitoring
1)ischarEe�Chartacteristics
Units
Benchmark
Total Suspended Solids
mg /L
100
Chemical Oxygen Demand
mg /L
120
Oil and Grease (0 &G)
mg /L
30
pH (see footnote 1)
standard
6-91
Mercury (Hg)
mg /L
N/A
Selenium (Se)
mg /L
0.056
Aluminum (Al) (see footnote 2)
mg /L
0 075 (impairment) or N /A2
Boron (B), optional
mg /L
N/A
Footnotes
1 If pH values outside this range are recorded in sampled stormwater discharges, but ambient rainfall
data indicate precipitation pH levels are within ± 0.1,standard units of the measured discharge
values or lower, then the lower threshold of this benchmark range does not apply Readings from an on-
site or local rain gauge (or local precipitation data) must be documented to demonstrate background
concentrations were below the benchmark pH range
2 Aluminum (AI) benchmark does not apply unless the waterbody is ever listed as impaired for this
metal or because of biological integrity, mpairment
1
Part II Page 7 of 12
Permit No NCS000549
�.. T1e'K" ne
If: The first valid sampling results are above a benchmark value, or outside of the benchmark range,
for anv parameter at anv outfal
Then: The permittee shall
1 Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2 Identify and evaluate possible causes of the benchmark value exceedance
3. Identify potential and select the specific- source controls, operational controls, or physical
improvements to i educe concentrations of the pai ametef s of concet n, and j ur to bring
concentrations within the benchmark range
4 Implement the selected actions within two months of the inspection.
5 Record each instance of a Tier One response in the SPPP. Include the date and value of the
benchmark exceedence, the inspection date, the personnel conducting the inspection, the
selected actions, and the date the selected action's-'we're implemented
.-
Tier
During the term of this permit, if the valid sampling results-required for the permit monitoring periods
exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any
specific outfall on four occasions, the permittee shall - notify the DWQ Mooresville Regional Office
Supervisor in writing within 30 days of receipt of tl e fourth analytical results DWQ may but is not
limited to:
r_
• require that the permittee revise, increase, or decrease the monitoring frequency for the
remainder of the permit, ,1
• require the permittee 0 install structural stormwater controls,
• require the permittee to implement other stormwater control measures,
• require the permittee to perform upstream and downstream monitoring to characterize
impacts on receiving waters, or
• require the permittee to implement site modifications to qualify for a No Exposure Exclusion.
This site discharges to the Catawba River, which is impaired for low pH If a Total
Maximum Daily Load (TMDL) is approved for this segment of the river, the Division may
require additional monitoring for this metal (currently part of the permit) or consider
routine sample results in determining whether additional BMPs are needed to control the
pollutant(s) of concern to the maximum extent practicable.
If additional BMPs are needed to achieve the required level of control, the permittee will be
required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a
timetable for incorporation of those BMPs into the permitted Stormwater Pollution
Prevention Plan.
Part II Page 8 of 12
Permit No NCS000549
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater
Pollution Prevention Plan (SPPP) and assess new sources of stormwater pollution
Qualitative monitoring of stormwater outfalls must be performed during a measurable
storm event.
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status. Qualitative monitoring shall be performed annually as
specified in Table 4, and during required analytical monitoring events (unless the permittee
is required to perform further qualitative sampling per the Qualitative Monitoring
Response, below). Inability to sample because of adverse weather conditions must be
documented in the SPPP and recorded on the DMR (see Adverse Weather in Definitions)
Only SDOs discharging stormwater associated with.industrial activity must be monitored
(See Definitions).
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee
shall document the suspected cause of the condition -and any actions taken in response to
the discovery This documentation will be mains hed with the SPPP.
Table 4. Qualitative Monitprin le uirernents
Discharge Characteristics
Frequency�l
Monitoring'I
LONIC! n2
Color �i� L.�
annual
SDO
Odor ! /
annual
SDO
Clarit y
annual
SDO
Floating Solids
annual
SDO
Suspended Solids
annual
SDO
Foam
annual
SDO
Oil Sheen
annual
SDO
Erosion or deposition at the outfall
annual
SDO
Other obvious indicators
of stormwater pollution
annual
SDO
Footnotes
1 Measurement Frequency Once per year during a measureable storm event See Table 2 for schedule of
monitoring periods through the end of this permitting cycle The permittee must continue qualitative
monitoring throughout the permit renewal process until a new permit is issued
2 Monitoring Location Qualitative monitoring shall be performed at each stormwater discharge outfall
(SDO) regardless of representative outfall status, unless ROS is granted specifically for qualitative
monitoring A copy of any letter granting ROS shall be kept on site Remaining outfalls must be observed
at least once during the permit term during a measureable storm event, except where the DWQ Regional
Office (1) agrees outfalls are truly inaccessible or cannot be made safe without excessive burden on the
permittee, or (2) determines some outfalls warrant more periodic observation
Part II Page 9 of 12
Permit No NCS000549
A minimum of 60 days must separate monitoring dates, unless additional sampling has
been instituted as part of other analytical monitoring requirements in this permit.
If the permittee's qualitative monitoring indicates that existing stormwater BMPs are
ineffective, or that significant stormwater contamination is present, the permittee shall
investigate potential causes, evaluate the feasibility of corrective actions, and implement
those corrective actions within 60 days, per the Qualitative Monitoring Response, below.
A written record of the permittee's investigation, evaluation, and response actions shall be
kept_ in the St_orrnWater Pollution Prevention Plan.
ualitatiue.!Monitor'in Res prise°.
Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, assessing new sources
of stormwater pollution, and prompting the permit-tee's response to pollution If the permittee
repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if
the discharge causes or contributes to a water quality standard violation, DWQ may but is not
limited to:
• require that the permittee revise, increase, or,decrease the monitoring frequency
(analytical or qualitative) for the remainder'of the permit,
• require the permittee to install structural- §tormwater controls,
• require the permittee to implement other stormwater control measures;
• require the permittee topetform up's'tream and downstream monitoring to characterize
impacts on receiving waters; o'r
• require the permrttee�mplement site modifications to qualify for a No Exposure Exclusion
SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities that have any vehicle maintenance activity occurring on -site which uses more
than 55 gallons of new motor oil per month when averaged over the calendar year
shall perform analytical monitoring as specified below in Table 5 All analytical
monitoring shall be performed during a measureable storm event at all stormwater
discharge outfalls (SDOs) that discharge stormwater runoff from vehicle maintenance areas,
and in accordance with the schedule presented in Table 2 (Section B).
Part II Page 10 of 12
Permit No NCS000549
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
Units
Measwrement
Frame_ uenc, 1
Sample
, e2
Sample
Location3
H
standard
annual
Grab
SDO
Non -Polar Oil & Grease / TPH
EPA Method 1664 SGT -HEM
mg /L
annual
Grab
SDO
Total Suspended Solids
m L
annual
Grab
SDO
Total Rainfa114
inches
annual
Rain au e
New Motor Oil Usage
gallons /month
annual
Estimate
-
Footnotes
1 Measurement Frequency Once per year during a measureable storm event, until either another permit
is issued for this facility or until this permit is revoked or rescinded 'See Table 2 for schedule of
monitoring periods through the end of this permitting cycle
2 Grab samples shall be collected within the first 30 minutes of discharge
3 Sample Location Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle'mamtenance activities occur
4 For each sampled measureable storm event the total precipitation must be recorded An on -site or local
rain gauge reading must be recorded.
Failure to monitor semi -ann l yl per) permit terms immediately institutes monthly
monitoring for all parameters, uporrthe next measureable storm event, as provided in Part
II Section B.
Monitoring results shall be compared to the benchmark values in Table 6. The benchmark
values in Table 6 are not permit limits but should be used as guidelines for the permittee's
Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values may
require the permittee to increase monitoring, increase management actions, increase
record keeping, and /or install stormwater Best Management Practices (BMPs), as provided
in Part II Section B.
Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitorin
Discharge Chart cteristics Units Benchmark
pH standard 6 - 9
Non -Polar Oil & Grease / TPH
[EPA Method 1664 (SGT -HEM)] mg /L 15
Total Suspended Solids mg /L 100
Part II Page 11 of 12
Permit No NCS000549
SECTION E: MANDATORY BEST MANAGEMENT PRACTICES (BMPS) FOR COAL -FIRED
POWER PLANTS SCHEDULED TO SHUT DOWN WITHIN THE TERM OF THE PERMIT
Within six (6) months of the permit effective date, the permittee must submit a plan
that outlines the plant shutdown schedule and clean -up details to DWQ. This shutdown
plan must Include a demonstration that past or present industrial activities will not have
the potential to pollute stormwater DWQ must review and consider site conditions after
the shutdown before approving any request by the permittee to rescind this permit before
the expiration date
r
Part II Page 12 of 12
Permit No NCS000549
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COb;PLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule
Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the
effective date of the initial permit ana upaateci thereafter on an annual basis Secondary
containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished
within 12 months of the effective date of the initial permit issuance
New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan
shall be developed and implemented prior to the beginning of discharges from the operation of the
industrial activity and be updated thereafter on an annual basis Secondary containment, as specified
in Part II, Section A, Paragraph 2(b) of this permit shall,be accomplished prior to the beginning of
discharges from the operation of the industrial activity
Existing facilities previously permitted and applong for renewal: All requirements, conditions,
limitations, and controls contained in this,permit (except new SPPP elements in this permit renewal)
shall become effective immediately upon issuance of this permit New elements of the Stormwater
Pollution Prevention Plan for this permit,renewal shall be developed and implemented within 6
months of the effective date ofthis,peemit and updated thereafter on an annual basis Secondary
containment, as specified in Part III, Paragraph 2(b) of this permit shall be accomplished prior to the
beginning of discharges from the operation of the industrial activity
Duty to Comply
The permittee must comply wi all conditions of this permit Any permit noncompliance constitutes
a violation of the Clean Water Act (CWA) and is grounds for enforcement action, for permit
termination, revocation and reissuance, or modification, or denial of a permit upon renewal
application [40 CFR 122 41]
a The permittee shall comply with standards or prohibitions established under section 307(a) of
the CWA for toxic pollutants within the time provided in the regulations that establish these
standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement
b The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of
the Act, or any permit condition or limitation implementing any such sections in a permit issued
under section 402, or any requirement imposed in a pretreatment program approved under
sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per
day for each violation [33 USC 1319(d) and 40 CFR 122 41(a)(2)]
The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308,
318, or 405 of the Act, or any condition or limitation implementing any of such sections in a
permit issued under section 402 of the Act, or any requirement imposed in a pretreatment
program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal
penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or
both In the case of a second or subsequent conviction for a negligent violation, a person shall be
Part III Page 1 of 9
Permit No NCS000549
subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment
of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122 41(a)(2)]
d Any person who knowingly violates such sections, or such conditions or limitations is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3
years, or both In the case of a second or subsequent conviction for a knowing violation, a person
shall be subject to criminal penalties of not more than $100,000 per day of violation, or
imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122 41(a)(2)]
Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act,
or any permit condition or limitation implementing any of such sections in a permit issued under
section 402 of Lhe Act, and who knows aL that time tliat he thereby places another person in
imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of
not more than $250,000 or imprisonment of not more than 15 years, or both In the case of a
second or subsequent conviction for a knowing endangerment violation, a person shall be
subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both An organization, as defined in section 309(c)(3)(B)(in) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and
can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122 41(a)(2)]
Under state law, a civil penalty of not more than $25,000 per violation may be assessed against
any person who violates or fails to act in accor'd'ance with the terms, conditions, or requirements
of a permit [North Carolina General Statutes § 143 -215 6A]
Any person may be assessed an;adminrstrative penalty by the Administrator for violating section
301, 302, 306, 307, 308,'318 or 405 of this Act, or any permit condition or limitation
implementing any of such sections n,a,permit issued under section 402 of this Act
Administrative penalties'for Class I violations are not to exceed $16,000 per violation, with the
maximum amount of -any Class I penalty assessed not to exceed $37,500 Penalties for Class I1
violations are not to exceed $16,000 per day for each day during which the violation continues,
with the maximum amount-of any Class 11 penalty not to exceed $177,500 [33 USC 1319(8)(2)
and 40 CFR 122 41(a)(3)1'"
Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
permit which has a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122 41(d)]
4 Civil and Criminal Liability
Except as provided in Part 111, Section C of this permit regarding bypassing of stormwater control
facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143 -215 3,143 -215 6, or Section 309 of the
Federal Act, 33 USC 1319 Furthermore, the permittee is responsible for consequential damages,
such as fish kills, even though the responsibility for effective compliance may be temporarily
suspended
Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the
permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be
subject to under NCGS 143 -215 75 et seq or Section 311 of the Federal Act, 33 USC 1321
Property Rights
The issuance of this permit does not convey any property rights in either real or personal property,
or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
Part iIi Page 2 of 9
Permit No NCS000549
personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR
122 41(g)]
Severability
The provisions of thus permit: are severable, and if any provision of this permit, or Lhe appiication of
any provision of this permit to any circumstances, is held invalid, the application of such provision to
other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]
8 Dutv to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to
determine compliance with this permit The permittee shall also furnish to the Permit Issuing
Authority upon request, copies of records required to be kept by this permit [40 CFR'122 41(h)]
9 Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required -to be maintained under this permit shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not
more than two years per violation, or by both If a- conviction of a person is for a violation committed
after a first conviction of such person under this paragraph, punishment is a fine of not more than
$20,000 per day of violation, or by imprisonment of'not more than 4 years, or both [40 CFR 122 41]
p
10 Penalties for Falsification of Reports t
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in'any record or other document submitted or required to be
maintained under this permit,,lnclud►ng monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation,
or by imprisonment for not/more than -two years per violation, or by both [40 CFR 122 41]
11
This permit does not aufhorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters
12 Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date of
this permit, the permittee must apply for and obtain a new permit [40 CFR 122 41(b)]
SECTION B: GENERAL CONDITIONS
Permit Expiration
The permittee is not authorized to discharge after the expiration date In order to receive automatic
authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as
are required by the agency authorized to issue permits no later than 180 days prior to the
expiration date, unless permission for a later date has been granted by the Director (The Director
shall not grant permission for applications to be submitted later than the expiration date of the
existing permit) [40 CFR 122 21(d)]. Any permittee that has not requested renewal at least 180
days prior to expiration, or any permittee that does not have a permit after the expiration and has
not requested renewal at least 180 days prior to expiration, will be subjected to enforcement
procedures as provided in NCGS §143 -215 36 and 33 USC 1251 et seq
Part III Page 3 of 9
Permit No NCS000549
Transfers
This permit is not transferable to any person without prior written notice to and approval from the
Director in accordance with 40 CFR 122 61 The Director may condition approval in accordance with
NCGS 143 -215 1, in particular NCGS 143 -215 1(b)(4)b 2, and may require modification. or revocation
and reissuance of the permit, or a minor modification, to identity the new permittee and incorporate
such other requirements as may be necessary under the CWA [40 CFR 122 41(1)(3), 122 61] or state
statute The Permittee is required to notify the Division in writing in the event the permitted
facility is sold or closed.
Signatory Requirements
All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed
and certified [40 CFR 122 41(k)]
a All permit applications shall be signed as follows
(1) For a corporation by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal bu_'siness function, or any other person who
performs similar policy or decision making' functions for the corporation, or (b) the manager
of one or more manufacturing, production,,or operating facilities, provided, the manager is
authorized to make management decisions-whA-,govern the operation of the regulated
facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and dire "c mg other comprehensive measures to assure
long term environmental compliance with environmental laws and regulations, the manager
can ensure that the necessary systems are - established or actions taken to gather complete
and accurate information for - permit application requirements, and where authority to sign
documents has been assigned or delegated to the manager in accordance with corporate
procedures
(2) For a partnership or sole proprietorship by a general partner or the proprietor,
respectively, or/'�
(3) For a municipality, State,,Federal, or other public agency by either a principal executive
officer or ranking elected official [40 CFR 122 22]
b All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person described in paragraph a above or by a duly authorized
representative of that person A person is a duly authorized representative only if
(1) The authorization is made in writing by a person described above,
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant manager,
operator of a well or well field, superintendent, a position of equivalent responsibility, or an
individual or position having overall responsibility for environmental matters for the company
(A duly authorized representative may thus be either a named individual or any individual
occupying a named position), and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122 22]
c Changes to authorization If an authorization under paragraph (b) of this section is no longer
accurate because a different individual or position has responsibility for the overall operation of
the facility, a new authorization satisfying the requirements of paragraph (b) of this section must
be submitted to the Director prior to or together with any reports, information, or applications to
be signed by an authorized representative [40 CFR 122 22]
Part III Page 4 of 9
Permit No NCS000549
Certification Any person signing a document under paragraphs a or b of this section shall make
the following certification [40 CFR 122 22] NO OTHER STATEMENTS OF CERTIFICATION WILL
BE ACCEPTED
'7 certq`y, under penalty of law, that this document and all attachments were prepared under my
direction orsuperv►s►on in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible forgathering the
information, the information submitted ►s, to the best of my knowledge and belief, true, accurate,
and complete I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations "
4 Permit Modification. Revocation and Reissuance. or Termination
The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the
laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123,
Title 15A of the North Carolina Administrative Code, Subchapter 2H 0100, and North Carolina
General Statute 143 -215 1 et al
Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause The notification of
planned changes or anticipated noncompliance does not stay any permit condition [40 CFR
122 41(f)]
The permittee must pay the'admimstering arid-compliance monitoring fee within 30 (thirty) days
after being billed by the Division Failure toxpay the fee in timely manner in accordance with 15A
NCAC 2H 0105(b)(2) may cause -this Division to initiate action to revoke the permit
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1 Proper Operation and Mt \ai`ntenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit Proper operation and maintenance also includes
adequate laboratory controls and appropriate quality assurance procedures This provision requires
the operation of back -up or auxiliary facilities or similar systems which are installed by a permittee
only when the operation is necessary to achieve compliance with the conditions of this permit [40
CFR 122 41(e)]
Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the condition of this
permit [40 CFR 122 41(c)]
3 Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass
unless
a Bypass was unavoidable to prevent loss of life, personal injury or severe property damage, and
b There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater or maintenance during normal periods of equipment downtime or dry
weather This condition is not satisfied if adequate backup controls should have been installed in
Part III Page 5 of 9
Permit No NCS000549
the exercise of reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance, and
c The permittee submitted notices as required under, Part III, Section E of this permit
If the Director determines that it will meet the three conditions listed above, the Director may
approve an anticipated bypass after considering its adverse effects
SECTION D: MONITORING AND RECORDS
Representative Sampling
Sampies collected and measurements taken, as required herein, shall be characteristic of the volume
and nature of the permitted discharge Analytical sampling shall be performed during a measureable
storm event Samples shall be taken on a day and time that is characteristic of the discharge All
samples shall be taken before the discharge joins or is diluted by any other waste stream, body of
water, or substance Monitoring points as specified in this permit shall not be changed without
notification to and approval of the Permit Issuing Authority [40 CFR 122 41(j)]
Recording Results
For each measurement or sample taken pursuant to,the requirements of this permit, the permittee
shall record the following information [40 CFR 122 41]
a The date, exact place, and time of sampling or measurements,
b The individual(s) who performed the sampling or measurements,
c The date(s) analyses were performed,
d The individual(s) who performed the analyses,
e The analytical techniques,,or methods used, and
f The results of such analyses
r ,
i
Flow Measurements
Where required, appropriate -flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to ensure the accuracy and reliability of measurements
of the volume of monitored discharges
4 Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143 -215 63 et seq, the Water and Air Quality Reporting Acts, and to regulations
published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as
Amended, and Regulation 40 CFR 136
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the
minimum detection or lower reporting level of the procedure If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge
requirements, then the most sensitive (method with the lowest possible detection and reporting
level) approved method must be used
Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that
are required to be sampled, the permittee may petition the Director for representative outfall status
If it is established that the stormwater discharges are substantially identical and the permittee is
granted representative outfall status, then sampling requirements may be performed at a reduced
number of outfalls
Part III Page 6 of 9
Permit No NCS000549
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
• ail calibration and maintenance records,
• all original strip chart recordings for continuous monitoring instrumentation,
• copies of all reports required by this permit,
• copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 5 years from the date of the
sample, measurement, report or application This period may be extended by request of the Director
at any time [40 CFR 122 4 1 ]
7 Inspection and Entry
The permlttee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director); oe 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 condifions of this permit,
b Have access to and copy, at reasonable times;'any,iecords that must be kept under the conditions
of this permit,
c Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or`operatioos regulated or required under this permit, and
d Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at any location [40
CFR 122 41(1)] �� l�
SECTION E: REPORTING REQUIREMENTS
Discharge Monitorme Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report (DMR) forms provided by the Director DMR forms are available on the
Division's website (http / /portal ncdenrorg/web/wg/ws/su/npdessw) Submittals shall be
delivered to the Division no later than 30 days from the date the facility receives the sampling
results from the laboratory
When no discharge has occurred from the facility during the report period, the permlttee is required
to submit a discharge monitoring report, within 30 days of the end of the specified sampling period,
giving all required information and indicating "NO FLOW" as per NCAC T15A 02B 0506
If the permittee monitors any pollutant more frequently than required by this permit using test
procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or
other appropriate instrument governing the discharge, the results of such monitoring shall be
included in the data submitted on the DMR
The permlttee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division and shall retain the completed forms on site
Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific
requirement to do so Qualitative Monitoring Report forms are available at the website above
Part III Page 7 of 9
Permit No NCS000549
Submitting Reports
Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to
Central Niles
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699 -1617
Availability of Reports
Except for data determined to be confidential under NCGS 143 -215 3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, ail reports prepared in accordance with the terms shall be availabie for
public inspection at the offices of the Division As required by the Act, analytical data shall not be
considered confidential Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143 -215 6B or in Section 309 of the Federal
Act
4 Non - Stormwater Discharges c
If the storm event monitored in accordance with this'permit coincides with a non - stormwater
discharge, the permittee shall separately monitor all parameters as required under all other
applicable discharge permits and provide this information with the stormwater discharge
monitoring report
5 Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which could significantly alter the nature or quantity of pollutants discharged [40
CFR 122 41(1)] This notification requirement includes pollutants which are not specifically listed in
the permit or subject to notification, requirements under 40 CFR Part 122 42 (a)
6 Anticipated Noncompliance
The permittee shall give advance,riotice to the Director of any planned changes at the permitted
facility which may result in noncompliance with the permit [40 CFR 122 41(1)(2)]
7 Snills
The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as
defined in Part IV of this permit Additionally, the permittee shall report spills including any oil spill
of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil
spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25
gallons that cannot be cleaned up within 24 hours
Bypass
Notice [40 CFR 122 41(m)(3)]
a Anticipated bypass If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass, including an evaluation of
the anticipated quality and affect of the bypass
b Unanticipated bypass The permittee shall submit notice within 24 hours of becoming aware of
an unanticipated bypass
9 Twenty-four Hour Resorting
a The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment Any information shall be
provided orally within 24 hours from the time the permittee became aware of the circumstances
A written submission shall also be provided within 5 days of the time the permittee becomes
aware of the circumstances
Part III Page 8 of 9
Permit No NCS000549
The written submission shall contain a description of the noncompliance, and its causes, the
period of noncompliance, including exact dates and times, and if the noncompliance has not
been corrected, the anticipated time compliance !s expected to continue, and steps taken or
planned to reduce, eliminate, and prevent i euc Lui rence of the noncompliance [40 CFR
122 41(1)(6)]
b The Director may waive the written report on a case -by -case basis for reports under this section
if the oral report has been received within 24 hours
c Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at (800) 662 -7956, (800) 858 -0368 or (919) 733 -3300
10 Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at
the time monitoring reports are submitted [40 CFR 12f 41(1)(7)]
11 Other Information
Where the Permittee becomes aware that it failed tc submit any relevant facts in a permit
application, or submitted incorrect information iri a permit application or in any report to the
Director, it shall promptly submit such facts or information [40 CFR 122 41(1)(8)]
Part III Page 9 of 9
PART IV DEFINITIONS
ALL
See Clean Water Act
Permit No NCS000549
Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local
flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical
When adverse weather conditions prevent the collection of samples during the sample period, the
permittee must take a substitute sample or perform a visual assessment during the next qualifying
storm event Documentation of an adverse event (with date, time and written narrative) and the
rationale must be included with your SPPP records Adverse weather does not exempt the permittee
from having to file a monitoring report in accordance with the sampling schedule Adverse events
and failures to monitor must also be explained and reported on the relevant DMR
3 Allowable Non - Stormwater Discharges
This permit regulates stormwater discharges `Non- stormwater discharges which shall be allowed in
the stormwater conveyance system are
a All other discharges that are authorized by a non - stormwater NPDES permit
b Uncontaminated groundwater, foundation drains, air - conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
flushings, water from footing drains, flows from riparian habitats and wetlands
c Discharges resulting from -_fire- fighting or fire - fighting training, or emergency shower or eye
wash as a result of use in the event of an emergency
4 Best Management Practices (BMBsI
Measures or practices used -to reduce the amount of pollution entering surface waters BMPs may
take the form of a process, activity, or physical structure More information on BMPs can be found at
http / /cfpub epa gov /npdes /stormwater /menuofbmps /index cfm
Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility
including the collection system, which is not a designed or established operating mode for the facility
6 Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by- products with a single above
ground storage container having a capacity of greater than 660 gallons or with multiple above
ground storage containers located in close proximity to each other having a total combined storage
capacity of greater than 1,320 gallons
7 Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage
under the permit and is signed by the Director
8 Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et seq
9 Division or DWO
The Division of Water Quality, Department of Environment and Natural Resources
Part IV Page 1 of 4
Permit No NCS000549
10 Director
The Director of the Division of Water Quality, the permit issuing authority
11 FMC
The North Car ohna Environmental Mariagemeni Commission
12 Grab Sample
An individual sample collected instantaneously Grab samples that will be analyzed (quantitatively
or qualitatively) must be taken within the first 30 minutes of discharge
13 Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of t he Clean Water Act
14 Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a
land treatment facility, a surface impoundment, an inlectioh,well; a hazardous waste long -term
storage facility or a surface storage facility
15 Measureable Storm Event
A storm event that results in an actual discharge from the,permitted site outfall The previous
measurable storm event must have been at least 72 hours prior The 72 -hour storm interval may not
apply if the permittee is able to document that a shorter interval is representative for local storm
events during the sampling period, and obtains approval from the local DWQ Regional Office Two
copies of this information and a written;request letter shall be sent to the local DWQ Regional Office
After authorization by the DWQ ;Regional Office, a written approval letter must be kept on site in the
permittee's SPPP .
16 Municipal Separate Storm Sewe Sr ystem
A stormwater collection system wi hin "an incorporated area of local self - government such as a city or
town
17 No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or
runoff Industrial materials or activities include, but are not limited to, material handling equipment
or activities, industrial machinery, raw materials, intermediate products, by- products, final products,
or waste products DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting
requirements only if a facility complies with the terms and conditions described in 40 CFR
§122 26(g)
18 Notice of Intent
The state application form which, when submitted to the Division, officially indicates the facility's
notice of intent to seek coverage under a General Permit
19 Permit Issuing Authority
The Director of the Division of Water Quality (see "Director" above)
20 Permittee
The owner or operator issued this permit
Part IV Page 2 of 4 Pages
Permit No NCS000549
21 Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe,
ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be
discharged to waters of the state
22 Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the DWQ may grant representative outfall status Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls
23 Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to allow for the 25 -year, 24 -hour storm event
24 Section 313 Water Priority Chemical
A chemical or chemical category which
b Is listed in 40 CFR 372 65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986,
c Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting
requirements, and
d Meets at least one of the following criteria
i Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table
III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances), ,
u Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR
116 4, or
in Is a pollutant for which EPA has published acute or chronic water quality criteria
25 Severe Property Damage /
Substantial physical damage-to property, damage to the control facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass Severe property damage does not mean economic loss
caused by delays in production
26 Significant Materials
Includes, but is not limited to raw materials, fuels, materials such as solvents, detergents, and plastic
pellets, finished materials such as metallic products, raw materials used in food processing or
production, hazardous substances designated under section 101(14) of CERCLA, any chemical the
facility is required to report pursuant to section 313 of Title III of SARA, fertilizers, pesticides, and
waste products such as ashes, slag and sludge that have the potential to be released with stormwater
discharges
27 Significant Spills
Includes, but is not limited to releases of oil or hazardous substances in excess of reportable
quantities under section 311 of the Clean Water Act (Ref 40 CFR 110 3and 40 CFR 117 3) or section
102 of CERCLA (Ref 40 CFR 302 4)
28 Stormwater Discharge Outfall (SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including
but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection
areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina
Part IV Page 3 of 4 Pages
Permit No NCS000549
29 Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt
30 Scormwacei Associated with industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an industrial
site Facilities considered to be engaged in "industrial activities" include those activities defined in
40 CFR 122 26(b)(14) The term does not include discharges from facilities or activities excluded
from the NPDES program
31 Stormwater Pollution Prevention Plan
A comprehensive site - specific plan which details measures and practices to reduce stormwater
pollution and is based on an evaluation of the pollution potential of the site
32 Total Maximum Dailv Load (TMDL
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a
specific water body and pollutant A list of approved TMDLs for the state of North Carolina can be
found at htW:// portal .ncdenr.org /web /wq/ps /mtu /tmdl
v
33 Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1)'of the Clean Water Act
34 Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations,
or airport deicing operations',, `. .
35 Visible Sedimentation j
Solid particulate matter, both mineral,and organic, that has been or is being transported by water,
air, gravity, or ice from its �'site of origin which can be seen with the unaided eye
36 25 -year. 24 hour Storm Event -
The maximum 24 -hour precipitation event expected to be equaled or exceeded, on the average, once
in 25 years
Part IV Page 4 of 4 Pages