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HomeMy WebLinkAboutNCS000456_Final Permit_20090904NCDENR North Carolina Department'of Environment and Natural Resources Division of Water Qua ity Beverly Eaves Perdue Coieen H. Su liras Dee Freeman Governor . Director Secretary September 4; 201:9 Mr. Tim Brown Cove City Woodpreserving Inc. PO Box 68 Cove City, NC 28523 Subject: Final NPDES Stormwater Permit Permit NCS000456 Cove City Woodpreserving Inc. Craven County Dear Mr. Brown: In response to your renewal, application: for contnued coverage�Lirder-NPDESst6'fift ter permif NCS000450, the Division of Water Quality (Division) is forwarding herewith the subject state - N?DES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 145-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Envirorfinental Protection agency dated October 15, 2007 (o= as subsequently amended). This final permit includes no major changes from the draft Permit sent,to..you.,on. june 30, 2009. -- The qualitative monitoring strategy remains'the same (semi-anmial) as the previous term of the permit. Please note that analytical monitoring is also required in this permit: ;'failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constz`tutes a violation of the Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 3 ''Penalties for Tampering " and Item 10 "Penalties for Falsification of Reports" of your permit for further inforrriation. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written -request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. Per the requirements of -the Neuse Riparian Buffer Rule, all stormwater drainage from portions of this site that have been constructed after July 22, 1997 must be discharged through a correctly designed level spreader or another device that meets diffuse flow requirements per 15A NCAC 2B .0233. Diffuse flow requirements are described in Chapter 8 of the North Carolina Stormwater BMP Manual, available at: http://h2o.enr.state.nc.us/SU/bmp forms.htm. Please take notice this permit is not transferable. Part 111, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Wetlands and Stormwater Branch One 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Or thCarolillii Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Mr. Tim Brown Cove City Woodpreserving Inc. Permit No. NCS000456 Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions or comments concerning this permit, contact Brian Lowther at (919) 807-6368 or brian Iowther@ncdenr.ggy. Sincerely, ORIGINAL P SIGNED By for Coleen H. Sullins, Director cc: Washington Regional Office, Water Quality Section Mike Mitchell, EPA Region IV Stormwater Permitting Unit :,entral Files Attachments: NPDES Stormwater Permit NCS000456 M NCS000456 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 OV the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Cove City Woodpreserving I_n_� is hereby authorized to discharge stormwater- from a facility located at Cove City Woodpreserving Inc. 11065 Old Hwy- 70 W _ __..... ..Cove Cit-'; Craven County to receiving waters designated as Cove Creek, a class C; Sw, NSW stream in the Neuse River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. This permit shall become effective October 1, 2009. This permit and the authorization to discharge shall expire at midnight on Septmber 30, 2014. Signed this day September 4, 2009. ORIGINAL SIGNED BY KEN PICKil for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000456 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 Monitorir_g Requirements Section D:. On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties far Tampering 10. Penalties for Falsification of Reports SecionB: General Conditions 1. Individual Permit Expiration 2. Transfers i Penr_it No. NCS000456 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwate Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures .75. . 5. Representative Outfall 6. Records Retention 7. Inspection and Entry SectionE: Reportg_Req��irements - -� 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS Permit No. NCS000456 SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effectiv-- date of the permit and lasting until expiration, the permittee is authoriz-zd to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must submit a No Exposure Certification NOI form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once every five (5) years. -- SECTION & PERMITTED ACTIVITIES -- -- Until this permit expires or is modified cr revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this individual permit. Al stormw-ater disciarges shall be in accorda3ce-vaith theme 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 t'iis individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 SUTION C: LOCATION MAP Perm=_t No. NCS000456 Part I Page 2 of 2 Permit No. NCS000456 PART 11 +. CONTROLS, 1 LIMITATIONS FO PERMITTED DISCHARGES SECTION A: STORMWATEI2 POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered pLtlic information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this, individual permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which --r-ay be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation rvutes=ar�d surface -w:..rsy-the_name of the_. receiv_u1g waters) to which the stormwater outfall(s) discharges, or if the discharge is fo a municipal separate storm sewer system, ?he name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge. The general location map (or alternatively the site map) shall identify whether each rec�iviaag water is im aired on the state's 303(d) list of im aired'waters oris located in a watershed for which a T1VID1 lasineer established; and. x�lrat.the parameter(s) of concern we. North Carolina's 303(d) List can be found here: http: //h2o. enr.state.ne.usftmdl/General_303d.htm#Downlo ads North Carolina TMDL documents can be found here: http://h2o.enr.state.ne.us/tmdl/TMDL list.htrn#Final TMDLs. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on-site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in eaci-r drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the p6rcemage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. Part 11 Page 1 of 11 Permit No. NCS000456 (e) Certification that the stormwater outfalls have been evaluatAd for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 5. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence ofnon-stormwater discharges. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The storinwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of charging the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where eiiminaton^of exposure rs-- -=-not-practical; tlre-si:orrnwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials, storage in any amount of Section,,,. 313 of Title IILof the..Super-fund-Amend_-ncnts and -Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from c:)ntarxrinating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanis-m), and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated s-ormwater shall be released if found to be uncontaminated by the material stored witain the- containment area. Records documenting the individual making the observation, the description of fire accumulated stormwater, and the date ar_d time of the release shall be kept for a period of five years. (c) BMP Summary. A listing of site structural and nonstructural Best Management Practices (BMP) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potent --'al for sources to contribute significant quantities of pollutants to stormwater discharges and data coliected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. Part 11 Page 2 of 1= Permit No. NCS000456 3. Spill Prevention and Response Plar_. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acklowledg-ng their responsibilities for the plan. A responsible person shall be on-site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed. The program shall list all stormwater control systems, stormwater discharge outfalls, all on-site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, -- sttatPrialanding,areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures; and- existing structural -BMP s.__ Th. program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution. Inspection of material handling areas and regular cleaning schedules of these areas shall be mc6rporated~into4tlie program: Timcly cornpliance_vvith..the established schedules for inspections, maintenance, and hcusekeeping shall be recorded in writing and maintained in the SPPP. 5. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified, and their annual training shall be documented by the signa-_ure of each employee trained. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented end position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual r-pdate shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the nota: --ion that no spills have occurred. The annual update shall include re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a re-evaluation of the Part 11 Page 3 of ll Permit No. NCS000456 effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the perinittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide .cer-dfication in writing (in accordance with Part III, Standard Conditions, Section B, Paragrap'a 5) to the Director that the changes have been made. 8. 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 storm -water discharge characteristic monitoring required in Part II B and C of this permit. ._____ __ 9._:_- .- _ Irnplernentation: The -pe mittee shall implement the Plan. Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, inch:ding the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on-site for a period of five years and made-available.to-the-Dire tor- or -the -Director's authorized representative immediately upon request. Part II Page 4 of 1 I Permit No. NCS000456 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical nionitorino, of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed du-ing a representative storm event. The required monitoring will result in a minimum of ter_ analytical samplings being conducted over the term of the p_-rmit a each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours ii_ which no storm event measuring greater than 0.1 inches has cccurred. A single storm event may contain up to 10 consecutive hours of no prec pitation. For example, if it rains for 2 hours without producing any collectable discharge, and ,hen steps, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. Table 1. Analytical Monitori Footnotes: 1 Measurement Frecuency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this pennitting cycle the permittee has. submitted the appropriate paperwork for a renewal permit before the submittal deadline, the pennittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each samplec representative storm event the total precipitation must be recorded. An on-site rain gauge or local rain gauge reading must be recorded. Part II Page 5 of 11 Biological Oxygen Demand -BOD5-- --- -mg/L---- _._ sPmt-annual Grab SDO Chemical Oxygen Demand, COD mg/L semi-annual Grab SDO Total Suspended Solids mg/L semi-annual Grab SDO Oil and Grease mg/L semi-annual _ Grab SDO Copper w..._ au.. �.... ..,. ...mg�� .,4 semi_ annual ..mLL_,v. - r...:,.d. Grab..._.- SDO Chromium mg/L semi-annual Grab SDO Arsenic mg/L semi-annual Grab SDO Nitrogen, total mg/L semi-annual Grab SDO Phosphorus, total mg/L semi-annual Grab SDO PIS standard semi-annual Grab SDO Tetal Rah inches semi-annual ain Gauge - Footnotes: 1 Measurement Frecuency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this pennitting cycle the permittee has. submitted the appropriate paperwork for a renewal permit before the submittal deadline, the pennittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each samplec representative storm event the total precipitation must be recorded. An on-site rain gauge or local rain gauge reading must be recorded. Part II Page 5 of 11 Permit No. NCS000456 The permittee shall complete the minimum ten anaytical samplings in accordance with the schedule specified below in Table 2. A minimum of 64 days must separate Period 1 and Period 2 sample dates unless monthly monitoring =las been instituted und'r a Tier Two response. Table 2. Monitoring Schedule Monitoring periodl'2 Sample Number Start End Year 1 —Period 1 1 October 1, 2009 March 31, 2010 Year 1 — Period 2 2- April 1, 2010 September 30, 2010 Year 2 — Period 1 3 October 1, 2010 March 31, 2011 Year 2 — Period. 2 4 April 1, 2011 September 30, 2011 Year 3 — Period 1 5 O tober 1, 2011 March 31, 2012 Year 3 — Period 2 6 April 1, 2012 September 30, 2010 Year 4 - Period 1 7 October 1, 2012 March 31, 2013 Year 4 — Period 2 8 April 1, 2013 September 30, 2013 Year 5 — Period 1 9 October 1, 2013 March 31, 2014... Year -5 =Period:2__ _.:_: -- -- �„ April"1; 2014 September 30, 2014 . Footnotes: 1 Maintain semi-annual monitoring during permit renewal process. The applicant must continue semi-annual monitoring until the renewed permit is issued. 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. - Permit No. NCS000456 The permittee shill report the analytical results from the first sample with valid results within the monitoring period. The. permittee shall compare monitoring results to the benchmark values in Table 3. Th; benchmark values in Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions; increase record keeping, and/or install ste-rmwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analytical Monitoring Characteristics Units' Benchmark Discharge Biological Oxygen Demand, BODS mg/L 30 Chemical Oxygen Demand, COD =ng/L 120 Total Suspended Solids mg/L 100 Oil and Grease mg/L 30 Copper mg/L 0.007 Chromium --mg - Arsenic mg/L 0.36 Nitrogen, total mg/L 30 _ Phosphorus,, total mg/L.. 2 PH standard 6 - 9 Part II Page 7 of I I Permit No. NCS000456 If. The first valid sampling results'are above a benchmark value, or outside of the benchmark range, for anv Darameter at anv outfall: Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results: 2. Identify and evaluate possible causes of the ber_chmark.value exceedence. 3. Identify potential, and select the specific: source.controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations to within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected: actions,..anel_.the:date ..the selected -actions were--� Taer Two If: During the term of this permit, the first valid sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at aspecific discharge outfall two times in a row (consecutive); Then: The permittee shall: 1. Repeat all the required actions outlined above ir_ Tier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three -consecutive sample results are below the benchmark values, or within the ber_chrnark range, for all parameters at that outfall. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow." 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. Part II Page 8 of 11 Permit No. NCS000456 . , During the term of this permit, if the valid sampling results required for the peiinit monitoring periods exceed the benchmark value, or are outside the benclunark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may, but is not lirlited to: ® require that the permittee increase cr decrease the monitoring frequency for the remainder of the permit; ® require the permittee to install structural stormwater controls; ® require the permittee to implement other stormwater control measures; or ® require that the permittee implement site modifications to qualify for the No Exposure Exclusion. Part 11 Page 9 of 11 Permit No. NCS000456 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, during the analytical monitoring event. [If analytical monitoring is not required; the permittee still must conduct semi- annual qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In the event an atypical condition is noted ata stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Oualitative MonitorinLy Requirements Odor nine Solids Foam Oil Sheen Erosion or deposition at the outfall Other obvious indicators of stormwater pollution semi-annual SDO semi-annual SDO semi-annual SDO semi-annual SDO semi-annual SDO semi-annual SDO semi-annual SDO Footnotes: l Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON-SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on-site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all Part 11 Page 10 of _ 1 Permit No. NCS000456 ' ' stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units' Measurement ., Sample Sample Fre` uencyt „T e2 Location3 pH standard semi-annual. Grab SDO Oil and Grease mg/l semi-annual Grab SDO Total Suspended Solids mg/l semi-annual Grab SDO Total Rainfa114 inches semi-annual Rain gauge New Motor Oil Usage I gallons/month I semi-annual Estimate - Fcotnotes: 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a reneival a li atzct : -The applicant rnt st. continue_semi-aru?ual monitoring until the renewed permit =s issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a sto-mwater detention pond a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge from the pond. 3 Sample Location: Samples shall be collected a each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 For each sampled representative storm event _lw total precipitation must be recorded. An on-site or local rain gauge reading must be recorded. 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). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or uistall stormwater Best Management Practices (BMPs), as provided in Part II Section B. fable 6. benchmark Values for Vehicle Maintenance Analvtical Moni Part II Page 11 of 11 toring Permit No. NCS000456 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for hermit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part Il, Section A, Paragraph 2(b) of this permit, shall be accempliszed within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time and existing facilities previously permitted and applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part II Section_ A Paregraplr - - 2(b) of this permit shall-accomplishedNriar to -the begrnzii rg of discharges from the operation of the industrial activity. 2. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of th..e..,Clearr Water--Act-and is-grounrds'for enf6rceinenf action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulaions that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement., b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or imprisomnent for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both, Alsc, any person who violates a permit condition may be assessed. an administrative penalty not tc exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more tnan ten thousand dollars (S 10,000) per violation may be assessed against any person who violates or fai's to act in accordance with the terms, I onditions, or requirements of a permit. [Rei NC Ger_eral Statutes 143-215.6A]. d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are"not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed Part III Page 1 of 3 Permit No. NCS000456 $ i 0,000 per day for each day during which the violation continues, with the maximum amount of any Class I1 penalty not to ez teed S 125,000. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual pen -nit which has a reasonable Aelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as prov.ded in Part III, Secticn C o- this permit regarding bypassing of stormwater control facilities, nothing in this _ndividual permit shall be construed to relieve the permittee from any responsibilities, liabi_ities, or penalties for noncompl_ance pursuant to NCGS 143-215.3,143-215.6A, 143-215.613, 143- 2I5.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability - - —Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve _._: .,.t.. " or -. it e f[s_[ / C_ ... z as Y the nermtttee from any responsibihttes, nabnlrres; �� peraa�r.s .., .� hilh the_pe<� *t . �_ �so maybe subject to under NCGS '-43-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this individual permit does not convey any property rights in either real or personal roey p g m ^: } 1 o y p a p p y any invasion of personal nglas, norcany infringement of Federal, or local laws orregulations. eY or Severability The previsions of this individual permit are severable, and if any provision of this individual permit, or the application cf any provision of this individual permit to any circumstances, is held invalid, the application of such prov.sion to other circums-ances, and the remainder of this individual permit, shall not be affected thereby. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering The Clean ;Nater Act provides that ar-y person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of roc more than $10,000 per violation, or by imprisonment for not more than two years per violation, or Ly both. If a conviction of a person is for a violation committed after a first conviction of such person under this oaragraph, punishment is a fine of not more that $20,000 per day of violation, cr by imprisonment of not ire than 4 years, or both. Part III Page 2 of 8 Permit No. NCS000456 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS L Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and'ees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or arty permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, wiL be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 2.......- _ . Transfers-- This permit is not transferable to any person except afte-- notice to and, approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed._ All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly authorized representative, if such representative is responsible for. the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of a partnership or limited partnership: by a general pat Leer; (3) In the case of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other- public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above. or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent Part III .Page 3 of 8 Permit No. NCS000456 responsibility, or an individual or position having overall responsibility for environmental, matters for the company. 4A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a docurrwnt under paragraphs a. or b. of this section shah make the following certification: "I certify, under penalty of law,lhat this document and all attachments were prepared under my direction or supervision in azcordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inqui_y of the person or persons who manage the system, cr those persons directly responsible for gathering the information, the information suttnitted is, to the best of my knowledge and belief, true, accurate, and co_Tnplete. I am aware tiat tilere are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification Revocat,on and Reissuance or Termination The issuance or this individual permit does not prohibit the Director from reopening and modifying the individual permit; revoking and reissui ng the -individual idual.permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title :5A of the North Carolina Administrative Code, Subchapter 2H.0103; and North Carolina Gene -al Statute 143-215.1 et al. 5. Permit Action: The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or am:.cipated noncompliance does not stay any individual permit conditior_. SECTION C: OPER_XTION AND MAINTENANCE OF POLLUTION CONTROLS I. Proper Operadon and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and cont_ol (and related appurtenances; which are installed or used by the permittee to achieve compliance with the condition -z of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual perinit: 2. Need to Halt ar Reduce Not a Defense It shall not by a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. Bypassing o: Stormwater Control Faciiities 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 dart III Page 4 of 8 Permit No. NCS000456 b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods. of equipment downtime or preventive r-iain.enance; and C. The permittee submitted notices as required under, Part III, Section E of chis permit. If the Director determines that it will meet the three concitions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteris-ic of the volume and nature of the permitted discharge. Analytical sampling.srall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is' diluted by any other waste stream, body, of water, or substance._ Monitoring:pcir�ts as_specified=in this pertrit stall root'& -changed without notification to and approval of the Director. 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the M y y reciuirements cf thisid_vdual permit,.-the.permittee shall r ecard the foilowirig .in%rma ion: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The ar-alytical techniques or methods used; and - f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy Fnd 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. Permit No. NCS000456 To meet the intent of the monitoring required by this individual permit, all test procecures must produce minimum detection and reporting levels anC all data generated must be reported down to the minimum detection or lower reporting level of 6e prccedute. Representative Outfall . If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee ma,,, petition the Director for representative butfall status. If it is estab:ished that the stormwater discharges are substantially identical and the perinittee is granted representative outfall status, then sampling requirements may be perfonned at a reduced number of outfalls. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies o: analytical monitoring results shall also be maintained on-site. The permittee shall retain records of all rnoniroring information, including all calibration and maintenance records and.all original strip chart rezordings for continuous monitoring instrumentation, and copies of all reports required by this individual permh for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Inspection and )✓ntry — The permittee shall allow the Director, or an authorized representative (including ar_ authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate stonr- sewer system, an autiorized representative of a municipal operator or the separate storm sewer system -eceiving the discharge, upon the presentation of credentials and other documents as may be a. Enter upon the permittee's premises where a regulated facility of activity is located or conducted, or where records must be kept under the conditions of this individual permit; b. Have access to and copy, of reasonable times,'any records that must be kept under the conditions of this Individual permit; C. Inspect at reasonable times an-, facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit. and d. San7ole or monitor at reasonable times, for the purposes of assuring indiv--dual permit compliance or aS otherwise authorized by _he Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forrris provided by the Director. 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 permittee is required to submit a diszharge monitoring report within 30 days of the end of the six-month sampling period, giving all required information and indicating "NO FLOW' as per NCAC T15A 02B .0506. Part III Page 6 of 8 Permit No. NCS000456 The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report (QMR) 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. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Centex- Raleigh, North Carolina 27699-1617 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance witz the terms shall be available fer public inspect -'On at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result to the irrpesition of-criminal-penalties-as=provided-for-i-ii NCGS-1�+3=21o.6B or iri Section 309 ofthe.Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this individua: permit coincides with a non-stormwater discharge, the permittee shall separately monitor all pararneters as required under the non-stormwater discharge perrntt.an.d_p.rovide.±his..informaticswith the stonnw3ter°discharge morilformg reFort. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged` This notification requirement includes pollutants which are not specificallw listed in the individual permit or subject to . notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which. may result in noncompliance with the individual permit requirements. 7. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the antcipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of '.)ecoming aware of an unanticipated bypass. 8. Twenty-four Hour Reporting The permittee shall report to the central office or the apprep-late regional office any noncompliance which . may endanger health or the environment. Any information stall be provided orally within 24 hours from Part III Page 7 of 8 Permit No. NCS000456 the time the pernnittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a desc_-iption of the noncompliance, and its causes;'the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccur.-ence of the noncompliance. The Director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours. 9. Other Noncomtcliance The permittee s_iall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 10. Other Information Where the.permittee becomes aware that it failed to submit any relevant facts in an application for an _ individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III . Page 8 of 8 NCS000456 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable. effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent linikation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee mist pay the administering and e;��pliaice monitoring"fee within 30 (thirty) days after being billed by -- the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS 1. Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the _stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air-ccnditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water fi-om footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fight ng training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity,.or physical structure. Parts IV, V and VI Page 1 of 5 Permit No. NCS000456 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers locaTed in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution ContrcI Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DWQ _ c, _ ... n nt and iTa¢i t The Division cf Water Qualify De�rttrleni or �i�vi�o�ut,e��� u.�; 1.�_a_a1,Itesources., ,_. 9. Director The Director of the Division of Wa.er Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. 11. Grab Sample An individua[ sample collected ins.antaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Sobstance Any substanl-e designated under 40 CFR Part 116 pursuant to Section 311 of tre Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impot-ndme-it, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer S sj tem A stormwater collection system within an incorporated area of local self govertur_ent such as a city or town. 15. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storin resistant shelter or acceptable stcrage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities _nclt:de, but are not limited to, material handling equipment or activities, Part VI Page 2 of 5 Pages Permit No. NCS000456 industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR § 122.26(g). 16. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. 17. Peimittee The owner or operator issued a permit pursuant to this individual permit. 18. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunr_el, conduit, well, or discrete fissure from which Stormwater is or may be discharged to waters of the state. 19. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is precededby at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a samp=e may be collected if a rain producing a discharge begins again within the next 10 hours. 20.. Representative Outfall 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 f -ie permittee to perform analytical monitoring at a reduced number of outfalls. 21. Rinse Water Discharge The discharge of rinse water from equipment cleaning are2s associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 22. Secondary. Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25 -year, 24-hour storm.event. 23. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning -and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements; and C. That meets at least one of the following criteria: Part VI Page 3 of 5 Pages Permit No. NCS000456 (1) Is listed in Appendix 1) 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); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 24. Severe Property Damage Mears substanfal physical damage to prcperty, damage to the control facilities which causes them to become inoperable, or substantial and -permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 25. Sign-ficant Materials Includes, but is not limited to: raw rr_ater:als; fuels; materials such as solvents, detergents, and,plastic pellets; finished materia'is such- as-inetallic-produets; raw ;materials.used..in food, proccssipg 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. 26 Sigrifiicant Sp7ls Includes, but is not limited to: releases cf oil or hazardous substances in excess of under section 311 of the Clean Water Act (Ref.= 40 CFR 110 10 and CFR 117.21) or section 102 of CERCLA (Re-": 40 CFR 302.4). 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. Stormwater Associated with Industrial Activity The discharge from any point source w`iicln is used for collecting and conveying stormwater and which is di-ectly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities ecnsidered to be engaged in "indutrial activities" include those activities defined in 40 CFR 122.26(b)(14). The tern does not include discharges fom facilities or activities excluded from the NPDES program. 29. Stormwater Pollution Prevention Plan A zomprehe_rsive site-specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 30. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual: Part VI Page 4 of 5 Pages Permit No. NCS000456 31. Total Flow The flow ecn•esponding to the time period over which We entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 32. Total Maximum Daily Load (TMDLI A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementat_on plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore, and maintain water quality standards in all.seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. 33. Toxic Pollutant Any pollutan, listed as toxic under Section 307(a)(1) of the.Clean Water Act. . 34. set Means Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities inadq, uat�..treatment..or..control-facilities- laek-of°preventive --maintenance, or careless or improper operation. 35. Vehicle Maintenance Activity Vehicle rehabitation, mechanical. repairs, painting, fuel ng, lubrication, vehicle cleaning operations, or airport deicing operations. 36. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice mom its site of origin which can be seen with the unaided eye. 37. 25 -year, 24 hoar storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years.