HomeMy WebLinkAboutNCS000134_FINAL PERMIT_20150617l STORMWATER-DIVISION CODING -SHEET -
PERMIT NO.
DOC TYPE
FINAL PERMIT
❑ MONITORING INFO
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ . r s o 6 7
YYYYMM DD
A
7JFA�;-
NCDETIR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 15, 2015
Mr. David Peele
Avoca, Inc.
P.O. Box 129
Merry Hill, NC 27957-0129
Dear Mr. Peele:
John E. Skvarla, III
Secretary
Subject: Final NPDES Stormwater Permit
Permit No. NCS000134
Avoca Farms — Merry Hill
Bertie County
In response to your renewal application for continued coverage under NPDES stormwater
permit NCS000134, we are forwarding herewith the subject state NPDES permit. This permit is
issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the
Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
Agency dated October 15, 2007 (or as subsequently amended).
This final permit includes no major changes from the draft permit that was noticed on
April 29, 2015.
Monitoring: The monitoring strategy remains the same (semi-annual) as the previous term of
the permit. Please note that analytical and qualitative monitoring is required in this permit.
Failure to complete the monitoring as required is a violation of the permit and any permit
noncompliance constitutes a violation of the Clean Water Act. Reference Part III, Section A,
Item 2 "Duty to Comply", Item 9 "Penalties for Tampering" and Item 10 "Penalties for
Falsification of Reports" of your permit for further information.
Reporting: The data you provided with your permit renewal application lists TKN and Nitrate -
Nitrite in separate columns. Your permit requires that you report Total Nitrogen which is
TKN+Nitrate+Nitrite expressed in mg/L. Please begin reporting Total Nitrogen in this
manner.
Representative Outfall Status: Your request for Representative Outfall Status was granted
March 5, 2008 and will continue to be in effect under your renewed permit. For purposes of
Division of Energy, Mineral, and Land Resources
Energy Section - Geological Survey Section • Land Quality Section
512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http:tlportai.ncdenr,o[ lwq eb/Ir/
Mailing Address:1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
NCS000134
Page 2 of 2
analytical sampling, Outfall 001 is granted representative outfall status for Outfall 002; and
Outfall 003 is granted representative outfall status for Outfalls 006 and 007. Outfalls 002, 006,
and 007 must still be included in the twice -yearly qualitative monitoring event. Outfall 005 is a
non-stormwater discharge covered under a separate NPDES permit. Please remember that any
actions you initiate in response to benchmark exceedances as directed in the tiered response
provisions of your permit must address all drainage areas represented by Outfalls 001 and 003,
where appropriate.
Change in Ownership: Please take notice this permit is not transferable. Part I1I, 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 Energy, Mineral, and Land Resources, or permits required by the Division of
Water Resources, Coastal Area Management Act or any other federal or local governmental
permit that may be required.
Appeal: 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.
If you have any questions or comments concerning this permit, contact Julie Ventaloro at (919)
807-6370 or at julie.ventaloro@ncdenr.gov.
Sincerely,
/" j
for Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land Resources
Attachment: Permit NCS000134
cc: DEMLR Washington Regional Office, Bill Moore
Sam Sampath, Ph.D., EPA Region IV, 61 Forsyth Stree',. Atlanta, GA 30303
Stormwater Permitting Program
DWR Central Files
Permit Number NCS000134 V
Program Category
NPDES SW
Permit Type
Stormwater Discharge, Individual
Primary Reviewer
julle.ventaloro
Coastal SWRule
Permitted Flow
0
Facility
Central Files: APS _ SWP _
6/15/2015
Permit Tracking Slip
Status Project Type
rRKEC'EIVED
In review Renewal
Version Permit Classification
JUN 17 2015
Individual
CENTRAL FILES
Permit Contact Affiliation
DWR SECTION
Facility Name
Major/Minor Region
Avoca Farms - Merry Hill
Minor Washington
Location Address
County
841 Avoca Farm Rd
Bertie
Facility Contact Affiliation
Merry Hill NC 27957
Owner
Owner Name
Owner Type
Avoca Inc
Non -Government
Owner Affiliation
David M. Peele
841 Avoca Farm Rd
DatestEvents
Merry Hill NC 27957
Scheduled
Orig Issue App Received Draft Initiated
Issuance Public Notice Iss a Effective Explratioi
9/30/1994 12/4/2012
4/29/2015 �7J}/7&15 rl [ 112015 6,130 J-2-020
Regulated Activities
Requested /Received Events _
Commercial or industrial, other
Region comments on draft requested 4/8/15
Organic chemical processing
Region comments on draft received 5128/15 Y
Stormwater (activities not covered)
Ok Ao C'4 -
Outfall 001
Waterbody Name
Strearnlndex Number Current Class Subbasin
Salmon Creek
25-24 C;NSW 03-01-04
NCS000134
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PERMIT
TO DISCHARGE STORMWATER UNDER THE
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,
Avoca, Inc.
is hereby authorized to discharge stormwater from a facility located at
Avoca Farms - Merry Hill
841 Avoca Farm Road
Merry Hill, NC
Bertie County
to receiving waters designated as Salmon Creek, a class C; NSW stream in the Chowan River
Basin, in accordance with the discharge limitations, monitoring requirements, and other
conditions set forth in Parts 1, II, III, and IV hereof.
This permit shall become effective July 1, 2015.
This permit and the authorization to discharge shall expire at midnight on June 30, 2020.
Signed this day June 15, 2015.
for Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
Permit No. NCS000134
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: Qualitative Monitoring Requirements
Section D: On -Site Vehicle Maintenance Monitoring Requirements
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS.
Section A: Compliance
and Liability
1.
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
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
d
Permit No. NCS000134
Section B: General Conditions
1. Permit Expiration
2. Transfers
3. Signatory Requirements
4. Permit Modification, Revocation and Reissuance, or Termination
5. 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
S.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Spills
8.
Bypass
9.
Twenty-four Hour Reporting
10.
Other Noncompliance
11.
Other Information
PART IV DEFINITIONS
T
Permit No. NCS000134
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration,
the permittee is authorized to discharge stormwater associated with industrial activity.
Such discharges shall be `IIcontrolled, limited and monitored as specified in this permit.
k
a
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 (NO1) 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 [ Page 1 of 2
Permit No. NCS000134
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Avoca Farms - Merry Hill
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W-:.Mpm
NCS000134
T'
aT E
S
Map Scale 1: 24, 000
I rk
commit 4(
/01
Avoca, Inc.
Avoca Farms - Merry Hill
Latitude: 360 00' 07" N
Longitude: 760 42' 37" W
County: Serde
Receiving Stream: Salmon Creek
Index No: 25-24
Stream Class: Q NSW
Sub -basin: 03-01-04 (Chowan River Basin)
y
J
Facility Location
Permit No. NCS000134
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
i
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 111, Standard
Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum,
the fallowing 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 of stormwater discharge associated with industrial
activity. The general location map (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 11 Page 1 of 12
Permit No. NCS000134
(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 document the 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 storage of liquid materials; storage in any amount of Section 313
of Title III of the Superfund Amendments and Reauthorization Act (SARA) wa e
priori , _chemicals; and storage in any amount of hazardous substances, in order to
prevent leaks and spills from contaminating stormwater runoff. A table or summary
of all such tanks and stored materials and their associated secondary containment
areas shall be maintained. if the secondary containment devices are connected 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. For facilities subject to a federal oil Spill
Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan
fully compliant with the requirements of this permit may be used to demonstrate
compliance with this permit.
(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
Part 11 Page 2 of 12
Permit No. NCS000134 '
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
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
increased 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 and implemented.
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 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 where not already addressed under
another element of the SPPP. Inspection of material handling areas and regular
cleaning schedules of these areas shall be incorporated into the program. Timely
compliance with the established schedules for inspections, maintenance, and
housekeeping shall be recorded and maintained in the SPPP.
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 11 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. NCS000134
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
Program's website (See'Monitoring Forms' here:
http://aortal.ncdenr.org/web/lr/npdes-stormwaterI
The Director may notify the permittee 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 I11, 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 consistent with the provisions of this permit,
in order to control contaminants 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 11 Page 4 of 12
Permit No. NCS000134 '
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 measureable 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 DEMLR Regional Engineer. See DeFnitions.
Table 1. Analytical Monitoring Requirements
b 1Dcharge
Measurement
Sample.
Sample
Characteristics
Units
Fre , uenc 1
T 'e? .,
Lacation3
Nitrogen, Total
m L
semi-annual
Grab
SDO
Phosphorous, Total
m L
semi-annual
Grab
SDO
Total Suspended Solids (TSS)
m L
semi-annual
Grab
SDO
Chemical Oxygen Demand COD
m L
semi-annual
Grab
SDO
Lead, Total Recoverable
m L
semi-annual
Grab
SDO
H
standard
semi-annual
Grab
SDO
Total Rainfalls
inches
semi-annual
Rain
-
Gauge
Footnotes:
1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly
sampling) during a measureable storm event, until either another permit is issued for this facility or until
this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three
response actions under the previous permit, the facility shall continue a monthly monitoring and
reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or
the Division.
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between
outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30
minutes, and shall continue until completed.
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 Division's letter granting ROS shall be
kept on site.
4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge
is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading
may be substituted for an on -site reading.
Part 11 Page 5 of 12
Permit No. NCS000134
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). Sampling is not required outside of the facility's
normal operating hours. A minimum of 60 days must separate Period 1 and Period 2
sample dates, unless monthly monitoring has been instituted under a "Tier Two"
response. 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). However, for purposes
of benchmark comparison and Tiered response actions, the permittee shall use the
analytical results from the first sample with valid results within the monitoring period.
Table 2. Monitoring Schedule
Monitor>In eraod1,?,w
..,
.Sample°Number k
'` Start
End
Year 1- Period 1
1
July 1, 2015
December 31, 2015
Year 1- Period 2
2
January 1, 2016
June 30, 2016
Year 2 - Period 1
3
July 1, 2016
December 31, 2016
Year 2 - Period 2
4
January 1, 2017
June 30, 2017
Year 3 - Period 1
5
July 1, 2017
December 31, 2017
Year 3 - Period 2
6
January 1, 2018
June 30, 2018
Year 4 - Period 1
7
July 1, 2018
December 31, 2018
Year 4 - Period 2
8
January 1, 2019
June 30, 2019
Year 5 - Period 1
9
July 1, 2019
December 31, 2019
Year 5 - Period 2
10
January 1, 2020
June 30, 2020
Footnotes:
1 Maintain semi-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 (180 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 semi-annually per permit terms may result in the Division requiring
monthly monitoring for all parameters for a specified time period. "No discharge" from an
outfall during a monitoring period does not constitute failure to monitor, as long as it is
properly recorded and reported.
The permittee shall compare monitoring results to the benchmark values in Table 3.
Exceedances of benchmark values require the permittee to increase monitoring, increase
management actions, increase record keeping, and/or install stormwater Best Management
Practices (BMPs) in a tiered program. See below the descriptions of Tier One, Tier Two, and
Tier Three response actions below. In the event that the Division releases the permittee from
continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's
release letter may remain in effect through subsequent reissuance of this permit, unless the
release letter provides for other conditions or duration.
Part ll Page 6 of 12
Permit No. NCS000134
Table 3. Benchmark Values for Analytical Monitoring
Discharge Chatacteristics
Units
Benclimak
Total Suspended Solids (TSS)
mg/L
100
Chemical Oxygen Demand
mg/L
120
pH
standard
6-9
Nitrogen, Total
mg/L
30
Phosphorous, Total
mg/L
2
The benchmark values in Table 3 are not permit limits but should be used as guidelines for
implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value
is not a permit violation; however, failure to respond to the exceedance as outlined in this
permit is a violation of permit conditions.
Part 11 Page 7 of 12
Permit No. NCS000134
If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for
any parameter at any outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. Identify potential, and select the specific feasible: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, and/or to bring
concentrations within the benchmark range.
4. Implement the selected feasible 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 actions were implemented.
6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response.
If: The first valid sampling results from two consecutive monitoring periods are above the benchmark
values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall;
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring and reporting for all parameter. The permittee shall
conduct monthly monitoring 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 benchmark range.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating "No Flow' to comply with reporting requirements.
4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances,
exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three.
The Regional Engineer may direct the response actions on the part of the permittee as provided in
Tier Three, including reduced or additional sampling parameters or frequency.
'.5. Maintain a record of the Tier Two response in the SPPP.
6. Continue Tier Two response obligations throughout the permit renewal process.
I 1 l i 'i.• Y' - iry
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 DEMLR Regional Engineer in writing within 30 days of receipt of
the fourth analytical results;
Then: The Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring and reporting frequency for
some or all of the parameters herein;
• require sampling of additional or substitute parameters;
• require the permittee to 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 implement site modifications to qualify for a No Exposure Exclusion;
• require the permittee to continue Tier Three obligations throw h the permit renewal process.
Part 11 Page 8 of 12
Permit No. NCS000134 '
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater
Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater
pollution. Qualitative monitoring of stormwater outfalis 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 semi-annually as
specified in Table 4, and during required analytical monitoring events (unless the
permittee is required to perform further qualitative monitoring per the Qualitative
Monitoring Response, below). Inability to monitor because of adverse weather conditions
must be documented in the SPPP and recorded on the Qualitative Monitoring Report form
(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 maintained with the SPPP.
Table 4. Qualitative Monitoring; Requirements
4"'..: -.mow . ,.
Discharge Characteristics
� ,
Frequency)
q.: .
Monitoring;
Lacation?>
Color
semi-annual
SDO
Odor
semi-annual
SDO
Clarity
semi-annual
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semi-annual
SDO
Oil Sheen
semi-annual
SDO
Erosion or deposition at the outfall
semi-annual
SDO
Other obvious indicators
of stormwater pollution
semi-annual
SDO
Footnotes:
1 Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this
permit prompt monthly monitoring. 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
(00) regardless of representative outfall status.
Part II Page 9 of 12
Permit No. NCS000134
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 Stormwater Pollution Prevention Plan.
Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential
sources of stormwater pollution, and prompting the permittee'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, the
Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for some
or all parameters (analytical or qualitative)
• require the permittee to 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 implement 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).
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
Units
Measurement
Sample
Sample
re quency ��
�Typei
Location3:
Non -Polar Oil & Grease by
mg/L
semi-annual
Grab
SDO
EPA Method1664 SGT-HEM
Total Suspended Solids
m L
semi-annual
Grab
SDO
Total Rainfa114
inches
semi-annual
Rain gauge
New Motor Oil Usage
I gallons/month
1 semi-annual
Estimate
I-
Part 11 Page 10 of 12
Permit No. NCS000134 '
Footnotes:
1 Measurement Frequency: Twice per year during a measureable storm event (unless other provisions of
the permit prompt monthly sampling), 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. If the facility is monitoring monthly because of Tier Two or Three response actions
under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in
Tier Two or Tier Three status until relieved by the provisions of this permit or the Division.
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation
between outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within
the first 30 minutes, and shall continue until completed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur, unless representative outfall
status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site.
4 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain
gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain guage may
be substituted for an on -site reading.
Failure to monitor semi-annually per permit terms may result in the Division requiring
monthly monitoring for all parameters for a specified time period, as provided in Part 11
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 require
the permittee to increase monitoring, increase management actions, increase record
keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part
11 Section B.
Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring
Dischar a Characteristics
Units
Benchmark.;'
Non -Polar Oil & Grease by
EPA Method1664 (SGT-HEM)
mg/L
15
Total Suspended Solids I
mg/L
1 100
Part 11 Page 11 of 12
Permit No. NCS000134
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 permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the
effective date of the initial permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished
within 12 months of the effective date of the initial permit issuance.
New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan
shall be developed and implemented prior to the beginning of discharges from the operation of the
industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified
in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of
stormwater discharges from the operation of the industrial activity.
Existing facilities previously permitted and applying 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 of this permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part II, Paragraph 2(b) of this permit shall be accomplished prior to the
beginning of stormwater discharges from the operation of the industrial activity.
2. Day to Comply
The permittee must comply with 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 [40 CFR 122.41].
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)].
c. 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
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)].
Part III Page 1 of 9
Permit No. NCS000134 '
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)].
e. 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 the Act, and who knows at that time that 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)(iii) 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)].
f. 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 accordance with the terms, conditions, or requirements
of a permit [North Carolina General Statutes § 143-215.6A].
g. Any person may be assessed an administrative 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 in 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 II
violations are not to exceed $16,000 per day for each day during which the violation continues,
with the maximum amount of any Class II penalty not to exceed $177,500 [33 USC 1319(g)(2)
and 40 CFR 122.41(a)(3)].
3. quh+ 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 III, 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.
5. 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.
6. 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
personal rights, nor any infringement of federal, state or local laws or regulations [40 CFR 122.41(g)].
Part III Page 2 of 9
Permit No. NCS000134
7. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application of
any provision of this permit to any circumstances, is held invalid, the application of such provision to
other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 1508-23].
B. Duty 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 122.411.
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 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 [40 CFR 122.41).
11. Onshore -or -Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
12. DAY 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
1. 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 I II Page 3 of 9
Permit No. NCS000134 '
2. 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 identify the new permittee and incorporate
such other requirements as may be necessary under the CWA [40 CFR 122.41(I)(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.
3. 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 business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the manager
of one or more manufacturing, production, or operating facilities, provided, the manager is
authorized to make management decisions which govern the operation of the regulated
facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing 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. NCS000134
4.
d. Certification. Any person signing a document under paragraphs a. or b. of this section, or
submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR
122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
"1 certify, under penalty of law, that this document and all attachments were prepared under my
direction orsupervision in accordance with a system designed to assure that qualified personnel
properlygother 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 is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility offrnes and imprisonment for knowing violations."
e. Electronic Reports. All electronic reports (e.g., eDMRs) submitted to the Permit Issuing
Authority shall be signed by a person described in paragraph a. above or by a duly authorized
representative of that person as described in paragraph b. A person, and not a position, must be
delegated signatory authority for eDMR or other electronic reporting purposes.
The Permit Issuing Authority may require the permittee to begin reporting monitoring data
electronically during the term of this permit. The permittee may be required to use North
Carolina's Electronic Discharge Monitoring Report (eDMR) internet application for that purpose.
For eDMR submissions, the person signing and submitting the eDMR must obtain an eDMR user
account and login credentials to access the eDMR system.
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.
5. Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of
planned changes or anticipated noncompliance does not stay any permit condition [40 CFR
122.41(f)].
5. Annual Administering and Compliance Monitoring Fee Requirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A
NCAC 2H .0105(b)(2) may cause the Division to initiate action to revoke the permit.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this 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)].
Part III Page 5 of 9
Permit No. NCS000134 '
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
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 11I, 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
gcoresentative Sampline
Samples collected and measurements taken, as required herein, shall be characteristic of the volume
and nature of the permitted discharge. Analytical sampling shall be performed during a 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 122.410)].
2. 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.
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.
Part III Page 6 of 9
Permit No. NCS000134
5. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that
are required to be sampled, the permittee may petition the Director for representative outfall status.
If it is established that the stormwater discharges are substantially identical and the permittee is
granted representative outfall status, then sampling requirements may be performed at a reduced
number of outfalls.
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the
stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be
maintained on -site. The permittee shall retain records of all monitoring information, including
o all calibration and maintenance records,
o all original strip chart recordings for continuous monitoring instrumentation,
o copies of all reports required by this permit, including Discharge Monitoring Reports (DMRs)
and eDMR or other electronic DMR report submissions,
o 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 122.41].
7. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to:
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at any location [40
CFR 122.41(i)].
SECTION E: REPORTING REQUIREMENTS
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 or submitted electronically to
the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR
forms are available on the Division's website ( r 1 w ).
Regardless of the submission method (paper or electronic), submittals shall be delivered to the
Division or appropriate authority no later than 30 days from the date the facility receives the
sampling results from the laboratory.
Part III Page 7 of 9
Permit No. NCS000134
When no discharge has occurred from the facility during the report period, the permittee is required
to submit a discharge monitoring report, within 30 days of the end of the specified sampling period,
giving all required information and indicating "NO FLOW" as per NCAC T15A 0213.0506.
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 permittee 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 the Division's
specific requirement to do so. Qualitative Monitoring Report forms are available at the website
above.
2. Submitting Reports
Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to;
Central Files
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The Permit Issuing Authority may require the permittee to begin reporting monitoring data
electronically during the term of this permit. The permittee may be required to use North Carolina's
eDMR internet application for that purpose. Until such time that the state's eDMR application is
compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be
required to submit all discharge monitoring data to the state electronically using eDMR and will be
required to complete the eDMR submission by printing, signing, and submitting one signed
original and a copy of the computer printed eDMR to the address above.
3. AvgilabilityofReports
Except for data determined to be confidential under NCGS 143-215.3(a) (2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be
available 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 143-215.613 or in Section 309 of
the Federal Act.
4. Non-Stormwater Discharges
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 Chan=
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(l)]. 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 notice 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)].
Part III Page 8 of 9
Permit No. NCS000134
SFills
The permittee shall report to the local DEMLR 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.
8• BK12ass
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 effect 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 Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the circumstances.
A written submission shall also be provided within 5 days of the time the permittee becomes
aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the
period of noncompliance, including exact dates and times, and if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [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 122.41(1)(7)].
11. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in 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 Ill Page 9 of 9
NCS000134
PART IV DEFINITIONS
Ash
See Clean Water Act.
2. 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.
This permit regulates stormwater discharges. However, non-stormwater discharges which shall be
allowed in the stormwater conveyance system include:
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-(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. More information on BMPs can be found at:
http,//cfpub.epa.gov/npde5/5tormwatCrf,luenuof bmps-/index.cfm.
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, intermediate products, 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 any General IPermit and is signed by the Director.
B. 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 DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environment and Natural
Resources.
Part IV Page 1 of 4
Permit No. NCS000134
10. Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority.
The North Carolina Environmental Management 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 the 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 injection 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 DEMLR Regional Office. Two
copies of this information and a written request letter shall be sent to the local DEMLR Regional
Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on
site in the permittee's SPPP.
16, Municipal Separa[e_StorM Sewer System (M541
A stormwater collection system within 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 [40 CFR 122.26 (b)(14)]. DEMLR 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 Energy, Mineral, and Land Resources (see "Director" above).
20. Permittee
The owner or operator issued this permit.
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.
Part IV Page 2 of 4 Pages
Permit No. NCS000134 '
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 Division 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 contain 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 II1, Section 313 reporting
requirements; and
d. Meets at least one of the following criteria:
L Is listed in appendix D of 40 CFR part 122 on Table 11(organic priority pollutants), Table
III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR
116.4; or
iii. Is a pollutant for which EPA has published acute or chronic water quality criteria.
25. Severe PropeM 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
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 (SDOI
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.
29, Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
Part IV Page 3 of 4 Pages
Permit No. NCS000134
30. Stormwater Associated with industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an industrial
site. Facilities considered to be engaged in "industrial activities" include those activities defined in
40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded
from the NPDES program.
31. StQrmwater 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. TQjal Maximum Daily Load (TMDQ
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 hUp:/Jyortaimcdennorg/web/wgJRs/mtu/tmdl.
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean WaterAct
34. Vehicle Maintenance -Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations,
or airport deicing operations.
35. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water,
air, gravity, or ice from its site of origin which can be seen with the unaided eye.
36. 4 hour StoCM Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once
in 25 years.
Part 1V Page 4 of 4 Pages
NCS000134
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
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 and4adopted by the North Carolina
Environmental Management Commission, and thelFederal Water Pollution Control Act, as
amended,
is hereby authorized' discligfi& stormwater from a facility located at
Avoca Farms - Merry Hill
841 Avoca Farm Road
Merry Hill, NC
Bertie County
to receiving waters designated as Salmon Creek, a class C; NSW stream in the Chowan River
Basin, in accordance with the discharge limitations, monitoring requirements, and other
conditions set forth in Parts I, Il, II1, and IV hereof.
Note: Draft Permit Dates are Approximate
This permit shall become effective [July 1, 20151.
This permit and the authorization to discharge shall expire at midnight on [June 30, 2020].
Signed this day [June 15, 2015].
for Tracy E. Davis, P.B., CPM, Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
Permit No. NCS000134
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
i
Section B: Permitted Activities
Section C: Location Map
PART II
Section A:
Section B:
Section C:
Section D:
h //
MONITORING, CONTROLS, AND LIMITATIONS -FOR PERMITTED
DISCHARGES
Stormwater Pollution Prevention Plan
v �
Analytical Monitoring Req
Qualitative Monitoring Re
On -Site Vehicle' interian
Monitoring Requirements
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
Section A: Com liance�an
P�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. NC5000134
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 Conffols
1. Proper Operation and Mainteena ce
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 PrQedurle's
5. Rep s
entative Outfall
c2.6. Reo4ds Retention
i00* 7. Insti and Entry
Section E: Reporting Requirements
1. Discharge Monitoring Reports
2. Submitting Reports
3. Availability of Reports
4. Non-Stormwater Discharges
5. Planned Changes
6. Anticipated Noncompliance
7. Spills
8. Bypass
9. Twenty-four Hour Reporting
10. Other Noncompliance
11. Other Information
PART IV DEFINITIONS
M
,
Permit No. NC5000134
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration,
the permittee is authorized to discharge stormwater associated with industrial activity.
Such discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described
in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES
stormwater discharge permit requirements. Any owner or operator wishing to obtain a No
Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NOI) form to
the Division; must receive approval by the Division mull 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'br 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
rj N� .:�
this permit. All stormwater dischargesshall be in accordance with the conditions of this
permit.
Any other point source discharg/to urface 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. NCS000134
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`~ Avoca Farms - Merry hill
o;
.ZA
NCS000134
N
W E
S
Map Scale 124, 000
Avoca, Inc.
Avoca Farms - Merry Hill
Latitude: 360 00' 07" N
Longitude: 760 42' 37 W
County: Berne
Receiving Stream: Salmon Creek
Index No: 25-24
Stream Class: C; NSW
Sub -basin: 03-01-04 (Chowan River Basin)
,,or
�,,
pt
J5rsa,r�ep
f)�
Facility Location
Part I Page 2 of 2
Permit No. NCS000134
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. The SPPP shall include, at a minimum,
the following items:
1. Site Overview. The Site Overview shall provide a d
and the potential pollutant sources that may be�exp
contamination of stormwater discharges. The Site�C
(a) A general location map (USGS quadrangle:map
map), showing the facility's location in r6 ation t
waters; the name of the receiving waters to,whii
discharge, or if the discharge is to
name of the municipality and thel
and longitude of the points.of'stot
activity. The general locati on�mai
whether any receiving wat
waters) or if the site is locE
established, and what the
a
)n of the physical facility
contribute to
J-shall contain the following:
appropriately drafted equivalent
.ransportation routes and surface
the stormwater outfalls
muriicipal`separate storm sewer system, the
Itimate-receiving waters; and accurate latitude
1w(ater discharge associated with industrial
(or alternatively the site map) shall identify
mpaired (on the state's 303(d) list of impaired
watershed for which a TMDL has been
ameters 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 i npervious, and the site map
must include a graphic scale indication and north arm v.
(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 11 Page 1 of 12
Permit No. NCSo00134
(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 onomic feasibility of changing
i
the methods of operations and/or storage pr�5tiees to eliminate or reduce exposure
of materials and processes to rainfall and run-on?flowWhgrever practical, the
permittee shall prevent exposure of all storage areas, material handling operations,
and manufacturing or fueling operations. Ii -areas where elimination of exposure is
not practical, this review shall document.the f asibility 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 e.of li ui' materials; storage in any amount of Section 313
of Title III of the SuperfunAm`eindments and Reauthorization Act (SARA) water
priority chemicals; and storany amount of hazardous substances, in order to
prevent leaks and spills rom contaminating stormwater runoff. A table or summary
of all such tanks anAtored materials and their associated secondary containment
areas shall be mainta ned.,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. For facilities subject to a federal oil Spill
Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan
fully compliant with the requirements of this permit may be used to demonstrate
compliance with this permit.
(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
Part II Page 2 of 12
Permit No. NC5000134
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
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
increased 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 sufficieneto completely address the
stormwater aspects of the SPRP. The common element Kof the SPCC with the SPRP may
be incorporated by reference into the SPRP. %r %/\ \11_�
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance and good housekeeping progr m sha)lb�developed and implemented.
.11 The program shall address all stormwater controhsystems (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 �ubload ngrareas„and haul roads), all drainage features and
structures, and existing structual BMPs, The program shall establish schedules of
inspections, maintenance, and -housekeeping activities of stormwater control systems,
as well as facility equipment facility/areas, and facility systems that present a potential
for stormwater exposur,4,(or stormwater pollution where not already addressed under
another element of theSPQP.Anspection of material handling areas and regular
cleaning schedules of these -areas shall be incorporated into the program. Timely
compliance with the established schedules for inspections, maintenance, and
housekeeping shall be recorded and maintained in the SPPP.
5. 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 11 B, C, and D of this
permit.
6. Employee Training. Training programs shall be developA and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill
response and cleanup, preventative maintenance activities, ind 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. NCS000134
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.
B. 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 discharg s.(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 of sample 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:(1)MR) farm, available from the Stormwater Permitting
Program's website=(Se6 -Monitoring Farms' here:
The Director may noti
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 consistent with the provisions of this permit,
in order to control contaminants 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. NCS000134
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 measureable storm event at c�
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 DEMLR Regional Engineer. See Definitions.
Table 1. Analytical Monitoring Requiremeti/ ; ._,,: ,
Discharge
Measurement
Sample
Sample
Characteristics
Units
Fre uenc 1
Type2
Location3
Nitrogen, Total
m L/;
i� annual
� serr=
Grab
SDO
Phosphorous, Total
r
mg. L /,
ri
\`;s.,.,eri-annual
Grab
SDO
Total Suspended Solids TSS
j i If
%semi-annual
Grab
SDO
Chemical Oxygen Demand CQD, \
�Rm l:L/
� semi-annual
Grab
SDO
Lead, Total Recoverable
m L
semi-annual
Grab
SDO
H
standard
semi-annual
Grab
SDO
Total Rainfa114
Rain
-
inches
semi-annual
• ., .,
I
I Gauge
Footnotes:
1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly
sampling) during a measureable storm event, until either another permit is issued for this facility or until
this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three
response actions under the previous permit, the facility shall continue a monthly monitoring and
reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or
the Division.
Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between
outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30
minutes, and shall continue until completed.
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 Division's letter granting ROS shall be
kept on site.
4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge
is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading
may be substituted for an on -site reading.
Part it Page 5 of 12
Permit No. NCS000134
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). Sampling is not required outside of the facility's
normal operating hours. A minimum of 60 days must separate Period 1 and Period 2
sample dates, unless monthly monitoring has been instituted under a "Tier Two"
response. 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 ICI, Section E). However, for purposes
of benchmark comparison and Tiered response actions, the permittee shall use the
analytical results from within the monitoring period.
Table 2. Monitorina Schedule
Monitoring period1,2
Sample Number
Start
End
Year 1- Period 1
1
July-$ &�
December 31, 2015
Year 1- Period 2
2
Januar if, 24 �6
10
I
June 30, 2016
Year 2 - Period 1
3
Jul1,.2016
December 31, 2016
Year 2 - Period 2
4
Januar 1, 2017
June 30, 2017
Year 3 - Period 1
5
Jul. ,1,�2417
December 31, 2017
Year 3 - Period 2
6
January 1, 2018
June 30, 2018
Year 4 - Period 1
7 6V
_J,uly 1, 2018
December 31, 2018
Year 4 - Period 2
84&
- January 1, 2019
June 30, 2019
Year 5 - Period 1
9
July 1, 2019
December 31, 2019
Year 5 - Period 2
10 �
January 1, 2020
June 30, 2020
Footnotes:
1 Maintain semi-annual monitoring until ether another permit is issued for this facility or until this
permit is revoked or reswci der The permittee must submit an application for renewal of coverage
before the submittal deadline (180 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 semi-annually per permit terms may result in the Division requiring
monthly monitoring for all parameters for a specified time period. "No discharge" from an
outfall during a monitoring period does not constitute failure to monitor, as long as it is
properly recorded and reported.
The permittee shall compare monitoring results to the benchmark values in Table 3.
Exceedances of benchmark values require the permittee to increase monitoring, increase
management actions, increase record keeping, and/or install stormwater Best Management
Practices (BMPs) in a tiered program. See below the descriptions of Tier One, Tier Two, and
Tier Three response actions below. In the event that the Division releases the permittee from
continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's
release letter may remain in effect through subsequent reissuance of this permit, unless the
release letter provides for other conditions or duration.
Part II Page 6 of 12
Permit No. NCS000134
Table 3. Benchmark Values for Analytical Monitoring
Discharge` Cliarat teristics
Units
Benchmark
Total Suspended Solids (TSS)
mg/L
100
Chemical Oxygen Demand
mg/L
120
pH
standard
6-9
Nitrogen, Total
mg/L
30
Phosphorous, Total
mg/L
2
The benchmark values in Table 3 are not p-et'mit limits but should be used as guidelines for
implementation of the permittee's SPPP. An exceedance of atstormwater benchmark value
is not a permit violation; however, failure to respond to the exceedance as outlined in this
permit is a violation of permit conditions.
Part II Page 7 of 12
Permit No. NCS000134
Tier One
If. The first valid sampling results are above a benchmark value, or outside of the benchmark range, for
any parameter at any outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. Identify potential, and select the specific feasible: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, and/or to bring
concentrations within the benchmark range.
4. Implement the selected feasible 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 actions were implementedO
6. Note: Benchmark exceedances for a different arameterrse aratel trigger a tiered response.
Tier Two
If: The first valid sampling results from two consecutive Monitoring periods are above the benchmark
values, or outside of the benchmark range, for an _s ecificc arrameter at a specific discharge outfall;
Then: The permittee shall: 'r
1. Repeat all the required actions outlined �above in Tier One.
2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall
conduct monthly monitoring at every outfahe�re a sampling result exceeded the benchmark
Monthly (analytical and qualitative) monitoring shall continue value for two consecutive s` akples.
until three consecutive sample results re,below the benchmark values or within benchmark range.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating "No Flow' to comply with reporting requirements.
of 4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances,
exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three.
The Regional Engineer m�rect the response actions on the part of the permittee as provided in
Tier Three, including reduced or additional sampling parameters or frequency.
5. Maintain a record of the Tier Two response in the SPPP.
6. Continue Tier Two response obligations throughout the permit renewal process.
Tier Three ,_ _
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 DEMLR Regional Engineer in writing within 30 days of receipt of
the fourth analytical results; _
Then: The Division may but is not limited to: T
• require that the permittee revise, increase, or decrease the monitoring and reporting frequency for
some or all of the parameters herein;
• require sampling of additional or substitute parameters;
• require the permittee to 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 implement site modifications to qualify for a No Exposure Exclusion;
• require the permittee to continue Tier Three obligations through the permit renewal process.
Part II Page 8 of 12
Permit No. NCS000134
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater
Pollution Prevention Plan (SPPP) and identify new potential 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 semi-annually as
specified in Table 4, and during required analytical monitoring events (unless the
permittee is required to perform further qualitative monitoring per the Qualitative
Monitoring Response, below). Inability to monitor bec us ,6f adverse weather conditions
must be documented in the SPPP and recorded on the Oualitative Monitoring Report form
(see Adverse Weather in Definitions). Only SDOs d
industrial activity must be monitored (See Definiti
In the event an atypical condition is noted at a
shall document the suspected cause of the f ri
the discovery. This documentation will be,ma
Table 4. Qualitative Mo
ments
)rm,water associated with
ischarge outfall, the permittee
actions taken in response to
With the SPPP.
Discharge Characteristics
Frequencyl
Moniitorng
Location
Color
semi-annual
SDO
Odor
semi-annual
SDO
Clarity
semi-annual
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semi-annual
SDO
Oil Sheen
semi-annual
SDO
Erosion or deposition at the outfall
semi-annual
SDO
Other obvious indicators
of stormwater pollution
semi-annual
SDO
Footnotes:
1 Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this
permit prompt monthly monitoring. 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.
Part lI Page 9 of 12
Permit No. NCS000134
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 BM Ps 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 Stormwater Pollution Prevention Plan.
u"'Anti e.Monitoriri"',Res pnse;� i,��.
Qualitative monitoring is for the purposes of evaluating SP P effectiveness, identifying^ new
potential sources of stormwater pollution, and prom p ling the ep.ttee'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, the
Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for some
or all parameters (analytical or qualitative)
• require the permittee to install stru raltt®rimwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to Me form upstream and downstream monitoring to characterize
impacts on receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion.
SECTION D: ON -SITE
NTENANCE 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 runofffrom vehicle maintenance areas,
and in accordance with the schedule presented in Table 2 (Section B).
Table S. Analvtical Monitorinji Requirements for On -Site Vehicle Maintenance
Dischar . e Characteristics
g'
' Units
Measure menu
Fre uenc 1
'^
Sample '
'TypeZ.
"Sample
Location3
Non -Polar Oil &Grease by
EPA Method1664SGT-HEM
mg/L
semi-annual
Grab
SDO
Total Suspended Solids
m L
semi-annual
Grab
SDO
Total Rainfa114
inches
semi-annual
Rain gau e
New Motor Oil Usage
I gallons/month
1 semi-annual
I Estimate
-
Part 11 Page 10 of 12
Permit No. NCS000134
Footnotes:
1 Measurement Frequency: Twice per year during a measureable storm event (unless other provisions of
the permit prompt monthly sampling), 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. If the facility is monitoring monthly because of Tier Two or Three response actions
under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in
Tier Two or Tier Three status until relieved by the provisions of this permit or the Division.
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation
between outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within
the first 30 minutes, and shall continue until completed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from areas) where vehicle maintenance activities occur, unless representative outfall
status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site.
4 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain
gauge is required. Where isolated sites are unmanned for extended peftods of time, a local rain guage may
be substituted for an on -site reading. /�`�
1.
Failure to monitor semi-annually per permit term ma,�a,y� result in the Division requiring
monthly monitoring for all parameters for a speclhi i1ne period, 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 sho` Wbe used as guidelines for the permittee's
Stormwater Pollution Preventron Plan SPPP)JExceedances of benchmark values require
the permiee to increase monitorin , incr•ea a management actions, increase record
keeping, and/or install stormwate Best -Management Practices (BMPs), as provided in Part
I1 Section B. %/ ))v
Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring
Discharge- Characteristics
Units
Benchmark`
Non -Polar Oil & Grease by
EPA Method1664 (SGT-HEM)
mg/L
15
Total Suspended Solids
mg/L
100
PartII Page 11 of 12
Permit No. NCS000134
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 permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the
effective date of the initial permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished
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 dischargegfrom the operation of the
industrial activity and be updated thereafter on an annual%basI 'S 9ndary containment, as specified
in Part II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of
i1...-v it
stormwater discharges from the operation of the industrialkactivity.
Existing facilities previously permitted
limitations, and controls contained in this
shall become effective immediately upon1
Pollution Prevention Plan for this oermiv
months of the effective date,
containment, as specified in
beginning of stormwater dis
happlying.foi renewal: All requirements, conditions,
rni except new SPPP elements in this permit renewal)
rote of,this permit New elements of the Stormwater
wa , tall be developed and implemented within 6
III dated thereafter on an annual basis. Secondary
i 2(b) of this permit shall be accomplished prior to the
operation of the industrial activity.
2. Duty to Comply %J .
The permittee must com(P.11y with,all conditions of this permit. Any permit noncompliance constitutes
a violation of the Clean Wdt r Act(CWA) and is grounds for enforcement action; for permit
termination, revocation and eissuance, 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 [40 CFR 122.41].
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)].
c. 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
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)].
Part III Page 1 of 9
Permit No. NCS000134
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)].
e. 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 the Act, and who knows at that time that 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)(iii)�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 subs equent�convictions'[40 CFR 122.41(a) (2)].
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against
any person who violates or fails to act in accordance with the terms, conditions, or requirements
11
of a permit [North Carolina General Statutes § 143-215.6NA1.
g. Any person may be assessed an adn
301, 302, 306, 307, 308, 318 or 405
implementing any of such sections i
Administrative penalties^f6r. Cla�s i
maximum amount of anv Class I Del
violations are not to exceed'.$;
with the maximum amount of
and 40 CFR 122.41(a}(3)].
ffative penalty by the Administrator for violating section
Us�Act, o7any permit condition or limitation
)ermit-issued under section 402 of this Act
itions" re not to exceed $16,000 per violation, with the
assessed not to exceed $37,500. Penalties for Class 11
day for each day during which the violation continues,
II penalty not to exceed $177,500 [33 USC 1319(g)(2)
3. Duty to Mitigate N_
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 II1, 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 Hazgrdous 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.
6. ProperW-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
personal rights, nor any infringement of federal, state or local laws or regulations [40 CFR 122.41(g)].
Part III Page 2 of 9
Permit No. NCS000134
Severability
The provisions of this permit are severable, and if any provision of this permit, or the application of
any provision of this permit to any circumstances, is held invalid, the application of such provision to
other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23].
8. Duty 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 coi�ction of a p4.erson,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 thalnMgears, or both [40 CFR 122.41).
10. Penalties for Falsification of Reoorts
11.
The Clean Water Act provides that any p
representation, or certification in any re
maintained under this permit, including
noncompliance shall, upon conviction, b'
or by imprisonment for noWore than
This permit does not authorize or
structures or facilities orlthe unde
makes any false statement,
it submitted or required to be
(torts or reports of compliance or
y a fine of not more than $10,000 per violation,
violation, or by both [40 CFR 122.41].
the construction of any onshore or offshore physical
of any work in any navigable waters.
12. Day 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
1. 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. NCS000134
2. Trance
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 identify the new permittee and incorporate
such other requirements as may be necessary under the CWA [40 CFR 122.41(l)(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.
3. Signatoly ReQuireMebts
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. Fof,the purpose of this Section, a
responsible corporate officer means: (a) a presideritsecretary, treasurer or vice president
of the corporation in charge of a principal bus iness function, or Shy other person who
performs similar policy or decision making(functiW s for�J Corporation, or (b) the manager
of one or more manufacturing, production, or'operating facilities, provided, the manager is
authorized to make management decisions which govern the operation of the regulated
facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and.directing,other comprehensive measures to assure
long term environmental compliance with environmental laws and regulations; the manager
can ensure that the necessary sy�ems are established or actions taken to gather complete
and accurate information for permit application requirements; and where authority to sign
documents has bee\ igned ordelegated to the manager in accordance with corporate
procedures.
(2) For a partnership or sdle.propneto"rship: by a general partner or the proprietor,
respectively; or 7 1
(3) For a municipality, state, fetleral, or other public agency: by either a principal executive
officer or ranking'electedifficial [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. NCS000134
d. Certification. Any person signing a document under paragraphs a. orb. of this section, or
submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR
122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction orsupervision in accordance with a system designed to assure thatqualifred 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 is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties forsubmittingr false information,
including the possibility of fines and imprisonment for knowing violations."
e. Electronic Reports. All electronic reports (e.g., eDMRs) submitted to the Permit Issuing
Authority shall be signed by a person described in paragraph a. above or by a duly authorized
representative of that person as described in paragraph b. A person, and not a position, must be
delegated signatory authority for eDMR or other electronic reporting purposes.
The Permit Issuing Authority may require the permittee�65egin reporting monitoring data
electronically during the term of this permit The' 'perrn ttee nay be,`required to use North
Carolina's Electronic Discharge Monitoring Report((el)MR)'intemet application for that purpose.
For eDMR submissions, the person signing and submitting the�ODMR must obtain an eDMR user
account and login credentials to access the eDMlisystem.
The issuance of this permit does not prohibit th 'Permit Issuing Authority from reopening and
modifying the permit, revoking and reislsuing 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...,
5. Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of
planned changes or anticipated noncompliance does not stay any permit condition [40 CFR
122.41(f)].
6. Annual Administering and Compliance Monitoring Fee Requirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A
NCAC 2H .0105(b) (2) may cause the Division to initiate action to revoke the permit
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1.
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)].
2. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the condition of this
permit [40 CFR 122.41(c)].
Part I l l Page 5 of 9
Permit No. NCS000134
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
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
Samples collected and measurements taken, as
and nature of the permitted discharge. Analyti
storm event. Samples shall be taken on a day/�
samples shall be taken before the discharge,jot
water, or substance. Monitoring points as spec
notification to and approval of the Permit Issui
,qui�bd herein, shall be characteristic of the volume
[,sampling shall be performed during a measureable
l-time•thaM characteristic of the discharge. All
;orris diluted by any other waste stream, body of
ed in)� his permit shall not be changed without
Auithority [40 CFR 122.41(j)].
2. Recording Results\ ��
For each measurement or sample�ta en pursuant to the requirements of this permit, the permittee
shall record the following information `�40 CFR 122.41]:
a. The date, exact pla c/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.
3. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to ensure the accuracy and reliability of measurements
of the volume of monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et seq, the Water and Air Quality Reporting Acts, and to regulations
published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as
Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this 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.
Part I I I Page 6 of 9
Permit No. NCS000134
5. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that
are required to be sampled, the permittee may petition the Director for representative outfall status.
If it is established that the stormwater discharges are substantially identical and the permittee is
granted representative outfall status, then sampling requirements may be performed at a reduced
number of outfalls.
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the
Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be
maintained on -site. The permittee shall retain records of all monitoring information, including
o all calibration and maintenance records,
o, all original strip chart recordings for continuous monitoring instrumentation,
o copies of all reports required by this permit, including4ischarge Monitoring Reports (DMRs)
41
and eDMR or other electronic DMR report sub'mis ions.
o copies of all data used to complete the application,for this permit
These records or copies shall be maintained for a peribd of -at least 5 years from the date of the
sample, measurement, report or application. This -period, ay;be extended by request of the Director
at any time [40 CFR 122.41].
7. Inspection and Enev
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separatelstorm 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 maybe required bylaw, to:
a. Enter upon the permittee's prenilses where a regulated facility or activity is located or conducted,
or where records must be -kept under the conditions of this permit;
b. Have access to and copy; at reasonable times, any records that must be kept under the conditions
of this permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at any location [40
CFR 122.41(i)].
SECTION E: REPORTING REQUIREMENTS
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 or submitted electronically to
the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR
forms are available on the Division's website (http;//nortal.ncdenr.oriz/web/Ir/nodes-stormwater).
Regardless of the submission method (paper or electronic), submittals shall be delivered to the
Division or appropriate authority no later than 30 days from the date the facility receives the
sampling results from the laboratory.
Part III Page 7 of 9
Permit No. NCS000134
When no discharge has occurred from the facility during the report period, the permittee is required
to submit a discharge monitoring report, within 30 days of the end of the specified sampling period,
giving all required information and indicating "NO FLOW" as per NCAC T15A 0213.0506.
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 permittee 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 the Division's
specific requirement to do so. Qualitative Monitoring Report forms are available at the website
above.
2. Submitting Reports ^ /'<(
Two signed copies of Discharge Monitoring Reports (DMRs)shall,be submitted to:
Central Files —1\
Division of Water Resources
1617 Mail Service,Ceriter
Raleigh, North Carolina 27699'1617
The Permit Issuing Authority may requ
electronically during the term of this pE
eDMR internet application for that purl
compliant with EPA's Crass-Media0 c
required to submit all discharge.monitc
required to complete the eDMR submis
original and a copy of the computer j
the permittee to begin reporting monitoring data
[it IThe permittee may be required to use North Carolina's
e. Until such time that the state's eDMR application is
nic Reporting Regulation (CROMERR), permittees will be
ig data to the state electronically using eDMR and will be
n by printing, signing, and submitting one signed
nted eDMR to the address above.
Availability of Reports -
Except for data determined7ti2e confidential under NCGS 143-215.3(a) (2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be
available 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 143-215.613 or in Section 309 of
the Federal Act
4. Non-Stormwater Discharges
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 Chan=
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 pollutant which are not specifically listed in
the permit or subject to notification requirements under 40 CFR F. rt 122.42 (a).
6. Anticipated Noncompliance
The permittee shall give advance notice 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)].
Part III Page 8 of 9
Permit No. NCS000134
Spills
The permittee shall report to the local DEMLR 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.
8. 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 effect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of
an unanticipated bypass. _ /)
Twenty-four Hour Reporting
a. The permittee shall report to the central office
noncompliance which may endanger health or
provided orally within 24 hours from the time
A written submission shall also be provided w
aware of the circumstances.
The written submission shall
period of noncompliance, inc
been corrected, the4hticipati
planned to reduce, eliminate,
122.41(1)(6)]• �' r:
Er th�erappropate regional office any
he,,environment Any information shall be
kid'& miitttee became aware of the circumstances.
hin S°day�s,of the time the permittee becomes
;cription of the noncompliance, and its causes; the
sates and times, and if the noncompliance has not
Hance is expected to continue; and steps taken or
reoccurrence of the noncompliance [40 CFR
b. The Director may waive thew tte report on a case -by -case basis for reports under this section
if the oral report has lieueived 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 122.41(l)(7)].
11. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in 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
NCS000134
1.
0
4.
5.
PART IV DEFINITIONS
Act
See Clean Water Act
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.
Allowable Ngn-Sjo[MWater Discharges
This permit regulates stormwater discharges.
discharges which shall be
allowed in the stormwater conveyance system include: >
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,fros�i��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 eyentof an emergency.
Measures or practices used to redd&ihe 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:
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 Stprgee of Liquid Products
Liquid raw materials, intermediate products, 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 any General Permit and is signed by the Director.
8. CCl i1n yNatgr 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 DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environment and Natural
Resources.
Part IV Page 1 of 4
Permit No. NCS000134
10. Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority.
11. EN1L
The North Carolina Environmental Management 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 the 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 injection well a hazardous waste long-term
storage facility or a surface storage facility. /7
15.
16.
A storm event that results in an actual discharge
measurable storm event must have been at least
apply if the permittee is able to document that�a'
events during the sampling period, and obtains
copies of this information and a written req es6
Office. After authorization by the DEML1�Re Poi
site in the permittee's SPPPd;: "`K
A stormwater collection
town.
permitted site outfall. The previous
or. The 72-hour storm interval may not
iteerrval is representative for local storm
rom the local DEMLR Regional Office. Two
11 be sent to the local DEMLR Regional
a written approval letter must be kept on
incorporated area of local self-government such as a city or
17. No Exposure h-
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 [40 CFR 122.26 (b)(14)]. DEMLR 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 Energy, Mineral, and Land Resources (see "Director" above).
20. Permittee
The owner or operator issued this permit.
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.
Part IV Page 2 of 4 Pages
Permit No. NCS000134 '
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 Division may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
23. Secondaa Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to contain 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 subjecct o'SARA title lil, Section 313 reporting
requirements; and
d. Meets at least one of the following criteria: � \
i. Is listed in appendix D of 40 CFR part 122Non Table 1I (organic priority pollutants), Table
III (certain metals, cyanides, and phenols),or Table IV (certain toxic pollutants and
hazardous substances); �\
ii. Is listed as a hazardous substance p rs�f uant'%se ion 311.(b)(2)(A) of the CWA at 40 CFR
116.4; or �/ ���
iii. Is a pollutant for which EPA has.publdhe acute or chronic water quality criteria.
25. SevCre Proper Damage <1(
Substantial physical damage to,property, damage to the control facilities which causes them to
become inoperable, or substand and,p`ermanent loss of natural resources which can reasonably be
expected to occur in the absence ofb 'pass. Severe property damage does not mean economic loss
caused by delays in production. 11
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 (SDO1
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.
29, Sto[mwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt
s
Part IV Page 3 of 4 Pages
Permit No. NCS000134
30. StormwaterAssociated_with IndustrialActivity
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 Daily 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 athttn://nortal,ncdenr.ore/web/wa/as/mtu/tmdl. n
33.
34.
35.
Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1
Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs,
or airport deicing operations.
Visible Sedimentation
Solid particulate matter, both
air, gravity, or ice from its sit(
vehicle cleaning operations,
[at has been or is being transported by water,
seen with the unaided eye.
36. 25-year. 24 hour Storm Event.t` `v,. \y
The maximum 24-hour precipitations event expected to be equaled or exceeded, on the average, once
in 25 years. /7 YV
Part IV Page 4 of 4 Pages
NC DIV.OF ENERGY, MINERAL, AND
LAND RESOURCES' INTENT TO
ISSUE A STORMWATER
DISCHARGE PERMIT
Public comment or objection to the
draft permits Is invited. Submit
written comments to DEMLR at the
address below. All comments re-
ceived prior to July 24, 2015 will be
considered in the final determination
regarding permits Issuance and per-
mit provisions.
Application: Ennis-Flint,115 Todd
Court, Thomasville, NC 27360 has
applied for an NPDFS permit m dis-
charge stormwater from an Industri-
al facility at: Ennis -Flint, 201 Old
Thomasville Road, High Point, NC,
Guilford County. The facility dis-
charges to Kennedy Mill Creels in the
Yadkin Pee -Dee River Basin.
Stormwater Permitting Contact
Richard Riddle
(919) 807-6372
rick.riddlegricdenr.gov
A copy of the draft permit,
NCS000582, is available at: httpy/Po
rtal.ncdenr.ora/webRr/public•
notices. Additional permit docu-
ments are available for reproduction
cost at:
DEMLR Stormwater Permitting
Program
512 N. Salisbury Street (location, zip
276D4)
1612 Mail Service Center (mail)
Raleigh, NC 27699-1612
Riddle, Rick L
From:
Sent:
To:
Subject:
Attachments:
RR,
Attached for your review.
Thanks,
La
Alexander, Laura
Tuesday, June 16, 2015 3:11 PM
Riddle, Rick L
FW: Nev, Account
Ennis-Flint.pdf
From: GREE Legal Ads[ma iIto: LegalAds@greensboro.coml
Sent: Tuesday, June 16, 2015 2:40 PM
To: Alexander, Laura
Subject: RE: New Account
Cost to publish 6.24.15 is $171.96. We have set up the information for the account. Proof is attached.
LEA ANNE LAMB
NEWS & RECORD
greensbdro.com
For the latest news, sports and videos: greensboro. com
Office 336.373.7053 1 Fax 336.373.7043
Email: LeaAnne.Lamb@greensboro.com
200 E. Market Street, Greensboro, N.C. 27401
From: Alexander, Laura [mailto laura.alexander(&ncdenr.00vl
Sent: Tuesday, June 16, 2015 8:37 AM
To: Lamb, Lea Anne
Subject: RE: New Account
Good Morning LeaAnne,
Please see attached request for publishing a public notice ONE TIME on June 24, 2015. Please email proof to me when
available.
Thank you for your help!
Laura Alexander
1
NCDEE R
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
DATE: June 16, 2015
TO: [RECIPIENT]
EMAIL: [E-MAIL]
FROM: Julie Ventaloro, Division of Energy, Mineral, and Land Resources
SUBJECT: PUBLIC NOTICE
PAGES. 1
Donald R. van der Vaart
Secretary
Please publish only the information (Public Notice) attached, ONE TIME in the legal section of your paper by
Wednesday. April 29, 2016. Please fax a copy of the proof to Laura Alexander at (919) 807-6494 for final approval
prior to publication. Within 10 days after publish date, please send the invoice and two copies of the original affidavit
to:
Laura Alexander
NCDENR/DEMLR/Stormwater
1612 Mail Service Center
Raleigh, NC 27699-1612
NC DIV. OF ENERGY, MINERAL, AND LAND RESOURCES' INTENT TO ISSUE A STORMWATER DISCHARGE PERMIT
Public comment or objection to the draft permit(s) is invited. Submit written comments to DEMLR at the address
below. All comments received prior to May 29, 2015 will be considered in the final determination regarding permit
issuance and permit provisions.
Application: Avoca, Inc, P.O. Box 129, Merry Hill, NC has applied for an NPDES permit to discharge stormwater from
an industrial facility at: Avoca Farms -Merry Hill, 841 Avoca Farm Rd, Merry Hill, NC, Bertie County. The facility
discharges to Salmon Creek in the Chowan River Basin.
Stormwater Permitting Contact: Julie Ventaloro
(919) 807-6370
iulie.ventaloro(@ncdenr.gov
A copy of the draft permit(s) NCS000134 is available at: httr)://portat.ncdenr,org/web/Ir/public-notices. Additional
permit documents are available for the reproduction cost at:
DEMLR Stormwater Permitting Program
512 N. Salisbury Street (location, zip 27604)
1612 Mail Service Center (mail)
Raleigh, NC 27699-1612
Division of Energy, Mineral, and Land Resources
Energy Section - Geological Survey Section - Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 / FAX: 919-715-8801
512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: hftp;Nportal.ncdenr,org/web/ir/
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
z Permit Coverage Permit Number
,oFw"TPA . Renewal Application Form NCS000134
National Pollutant Discharge Elimination System
Stormwater Discharge Permit
The following is the information currently in our database for your facility. Please review this information carefully and make all
corrections/additions as necessary in the space provided to the right of the current information.
Owner__ Affiliation Information
Owner / Organization Name:
Owner Contact:
Mailing Address:
Phone Number:
Fax Number:
E-mail address:
* Reissued Permit will be mailed to the owner address
Avoca Inc
Mr. David MPeele
PO Box 129
Merry Hill, NC 279570129
(252)482-2133
Facility4ftrmit Contact in f Qr a� tL ion
Facility Name: Avoca Farms - Merry Hill
Facility Physical Address: NCSR 1502
Merry Hill, NC 27957
Facility Contact:
Mailing Address:
Phone Number:
Fax Number:
E-mail address:
Receiving Stream
Stream Class:
Basin:
Sub -Basin:
Number of Outfalls:
Salmon Creek
C;NSW
Chowan River Basin
03-01-04
Impaired Waters/TMDL
Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? ❑ Yes W No 0 Don't Know
( for information on these waters refer to http://h2o.enr.state.nc.uslsulimpairecLWaters TMDL/ )
CERTIFICATION
1 certify that I am fa ' r with the inforW
ned in the application and that to the best of my knowledge and belief such
information is tru c mplete P ccur
+ 5
Signature Date
11�2aj2o12
r. DaVA Pee Pr(S}dev-,+-
Print or type name of person signing above Title -
Please return this completed renewal application form to: Stormwater Permitting UnitAttn: Brian Lowther
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Avoca, Inc. Storm Water Analytical Monitoring Results
Permit No. NC5000134
Outfail #: 001
Sample Date
Total Flow
Total Rainfall
pH
COD
TSS
TKN
Nitrate -
Nitrite
Phosphorus
Million Gal.
Incites
mg/L
mg/L
mg/L
mg/L
mg/L
7/11/2008
0.022
0.3
7.16
33.00
107.00
1.30
1.35
0.67
5/18/2009
0.118
1.6
7.53
34.00
16.00
1.21
3.21
1.51
11/11/2009
0.907
12.3
6.99
15.00
37.00
1.31
0.28
0.73
5/24/2010
0.295
4
6.80
45.00
5.70
2.13
3.28
2.50
9/30/2010
1.017
13.8
7.20
29.00
31.00
0.93
0.10
0.36
6/5/2011
0.015
0.2
7.70
24.00
18.00
1.90
0.62
0.54
11/29/2011
0.029
0.4
7.08
63.00
24.00
4.01
0.66
1.15
5/22/2012
0.133
1.8
7.44
30.00
123.00
1.50
0.38
0.45
Aiierage '
0.317 1
4.3
7.24..
34.13
45.211
1.79 1
1.24
0.99
Avoca, Inc. Storm Water Analytical Monitoring Results
Permit No. NCS000134
Outfall #: 003
Sample Date
Total Flow
Total Rainfall
pH
COD
TSS
TKN
Nitrate -
N itrite
Phosphorus
Million Gal.
Inches
mg/L
mg/L
mg/L
mg/L
mg/L
7/11/2008
0.008
0.3
6.95
618.00
103.00
27.40
3.24
4.44
5/18/2009
0.104
1.6
7.73
14.00
7.80
0.51
0.86
0.16
11/11/2009
0.802
12.3
7.37
<10
1 15.00
1.00
0.28
0.31
5/24/2010
0.261
4
6.90
46.00
8.00
1.93
2.63
2.03
9/30/2010
0.899
13.8
7.10
27.00
25.00
0.71
0.05
0.21
6/5/2011
0.013
0.2
7.60
27.00
18.00
2.04
0.58
0.57
11/29/2011
0.026
0.4
6.99
139.00
20.00
5.81
4.65
1.72
5/22/2012
0.117
1.8
7.23
31.00
183.00
1.35
0.39
0.42
Average
0.27875
4.3
7.23
128.86
. 47.48
; 5.09
1.59 ,
1 23
Avoca, Inc. Storm Water Analytical Monitoring Results
Permit No. NCS000134
Outfall #: 004
Sample Date
Total Flow
Total Rainfall
pH
COD
TSS
TKN
Nitrate -
Nitrite
phosphorus
Million Gal.
Inches
mg/L
mg/L
mg/L
mg/L
mg/L
7/11/2008
0.006
0.3
6.77
25.00
23.00
0.53
0.20
<0.04
5/18/2009
0.03
1.6
7.51
5.00
2.10
0.47
0.58
2.07
11/11/2009
0.23
12.3
7.84
5.00
2.40
0.83
0.19
0.10
5/24/2010
0.075
4
7.00
45.00
9.00
2.12
3.03
2.31
9/30/2010
0.259
13.8
8.70
14.00
6.60
0.38
0.11
<0.04
6/5/2011
0.004
0.2
8.50
30.00
51.00
1.75
0.77
0.48
11/29/2011
0.007
0.4
7.15
28.00
11.00
0.74
0.28
0.22
5/22/2012
0.034
1.8
7.41
10.00
66.00
0.99
0.16
0.29
Average
0 034-
_ T g
= 7 41�, ;=
. � 40:00
66 00.
- 0
Avoca, Inc. Storm Water Visual Monitoring Results
Permit No. NCS000134
Outfall #: 001
The scale for Clarity, Floating Solids, and Suspended Solids is 1-5.1 is very clear or none present to 5 is high or
covered.
"SampleFloating
e
Color;Odor
Clarity
Solids
Suspended
Solids
Foam?
Oil Sheen?
Erosion?
(1-5)
(1-5)
Yes / No
Yes / No
Yes / No
7/11/2008
Clearone
1
2
1
No
No
No
5/18/2009
Clear
None
1
1
1
No
No
No.
11/11/2009
Clear
None
1
2
1
No
No
No
5/24/2010
Clear
None
2
1
1
No
No
No
9/30/2010
Clear
None
2
1
1
No
No
No
6/5/2011
Clear
None
2
1
1
No
No
No
11/29/2011
Clear
None
1
1
1
No
No
No
5/22/2012
Clear
None
1
2
1
No
No
No
Avoca, Inc. Storm Water Visual Monitoring Results
Permit No. NCS000134
Outfall #: 002
The scale for Clarity, Floating Solids, and Suspended Solids is 1-5. 1 is very clear or none present to 5 is high or
covered.
Sample Date
Color
Odor
Clarity
Floating
Solids
Suspended
Solids
Foam?
Oil Sheen?
Erosion?
[1-5}
(1-5)
(1-5)
Yes / No
Yes / No
Yes / No
7/11/2008
Clear
None
1
2
1
No
No
No
5/18/2009
Clear
None
1
1
1
No
No
No
11/11/2009
Clear
None
1
2
1
No
No
No
5/24/2010
Clear
None
2
1
1
No
No
No
9/30/2010
Clear
None
2
1
1
No
No
No
6/5/2011
Clear
None
2
1
1
No
No
No
11/29/2011
Light
Brown
None
2
1
1
No
No
No
5/22/2012
Clear
None
1
2
1
No
No
No
Avoca, Inc. Storm Water Visual Monitoring Results
Permit No. NCS000134
Outfall #: 003
The scale for Clarity, Floating Solids, and Suspended Solids is 1-5. 1 is very clear or none present to 5 is high or
covered.
Sample Date
Color
Odor
Clarity
Floating
Solids
SuspendedFoam?
Solids
Oil Sheen?
Erosion?
{1-5]
(1-5)
(1-5)
Yes / No
Yes / No
Yes / No
7/11/2008
Light
Brown
None
4
2
2
No
No
No
5/18/2009
Clear
None
1
1
1
No
No
No
11/11/2009
Clear
None
1
1
1
No
No
No
5/24/2010
Clear
None
2
1
1
No
No
No
9/30/2010
Clear
None
2
1
1
No
No
No
6/5/2011
Clear
None
2
1
1
No
No
No
11/29/2011
Light
Brown
None
2
1
1
No
No
No
5/22/2012
Light
Brown
None
2
2
1
No
No
No
Avoca, Inc. Storm Water Visual Monitoring Results
Permit No. NCS000134
Outfall #: 004
The scale for Clarity, Floating Solids, and Suspended Solids is 1-5.1 is very clear or none present to 5 is high or
covered.
"Samplee
Color
Odor
Clarity
Floating
Solids
Suspended
Solids
Foam?
Oil Sheen?
Erosion?
(1-5]
(1-5)
(1-5)
Yes / No
Yes / No
Yes / No
7/11/2008
Clear
None
1
1
1
No
No
No
5/18/2009
Clear
None
1
1
1
No
No
No
11/11/2009
Clear
None
1
1
1
No
No
No
5/24/2010
Clear
None
1
1
1
No
No
No
9/30/2010
Clear
None
1
1
1
No
No
No
6/5/2011
Clear
None
1
1
1
No
No
No
11/29/2011
Clear
None
1
1
1
No
No
No
5/22/2012
Clear
None
1
1
1
No
No
No
Avoca, Inc. Storm Water Visual Monitoring Results
Permit No, NCS000134
Outfall #: 006
The scale for Clarity, Floating Solids, and Suspended Solids is 1-5.1 is very clear or none present to 5 is high or
covered.
Sample Date
Color
Odor
Clarity
Floating
Solids
Suspended
Solids
Foam?
Oil Sheen?
Erosion?
(1-5)
(1-5)
(1-5)
Yes / No
Yes / No
Yes / No
7/11/2008
Clear
None
1
2
1
No
No
No
5/18/2009
Clear
None
1
2
1
No
No
No
11/11/2009
Clear
None
1
2
1
No
No
No
5/24/2010
Clear
None
2
2
1
No
No
No
9/30/2010
Clear
None
1
2
1
No
No
6/5/2011
Clear
None
1
2
1
No
No
11/29/2011
Clear
None
2
2
1
No
No
5/22/2012
light
brown
None
2
2
1
No
No
jNo
Avoca, Inc. Storm Water Visual Monitoring Results
Permit No. NCS000134
Outfall #: 007
The scale for Clarity, Floating Solids, and Suspended Solids is 1-5.1 is very clear or none present to 5 is high or
covered.
Sample pate
Color
Odor
Clarity
Floating
Solids
Suspended
Solids
Foam?
Oil Sheen?
Erosion?
(1-5)
(1-5)
(1-5)
Yes / No
Yes / No
Yes / No
7/11/2008
Light Tan
None
3
2
2
No
No
No
5/18/2009
Light Tan
None
2
2
2
No
No
No
11/11/2009
Light Tan
None
2
2
2
No
No
No
5/24/2010
Clear
None
2
2
1
No
No
No
9/30/2010
Clear
None
2
2
1
No
No
No
6/5/2011
Clear
None
2
2
1
No
No
No
11/29/2011
Clear
None
1
1
1
No
No
No
5/22/2012
Light
Brown
None
2
1
1
No
No
No
BEST MANAGEMENT PRACTICES (BMPs)
AVOCA, INCORPORATED
Stormwater Permit No. NCS000134
BMP 1- Containment Berms: Avoca, Inc. has spill containment berms installed around
each of its fuel, solvent, and other processing tanks. These berms are large enough to hold
the total capacity of at least one of the contained tanks plus a minimum of 10%. The
following is a listing of the containment areas and their locations:
1) Fuel Oil Storage and Unloading, West of Building 1001-2
2) Gasoline Storage and Unloading, South of Building 1002-4
3) Emergency Generator Fuel Storage, Near Cooling Tower
4) Emergency Generator Fuel Storage, South of Building 1001-1
5) Hazardous Waste Storage, Building 1003-5
6) Tank Farm, South of 1001-1
7) Tank Farm, North of Building 1001-1
8) Tank Farm, West of Building 1003-2
9) Unloading Station, South of Building 1001-2
10) Sclareol Recrystallization & Storage tanks, Building 1003-10
11) Chemical Storage, 1003-7
12) Botanical Extraction Process & Storage tanks, North of Building 1001-11
13) Biomass Extraction Process & Storage tanks, Building 1004-2
14) Limited Use Generator, South of Building 1004-1
BMP lA - Sage Storage Leachate Capture: During the early part of the sage processing
season, the material staged under the shed roof at building 1003-5 may leach liquid from
the sage plant under the wall on the structure onto the ground and into the drainage to
outfall 3. A berm/gutter system is being implemented to capture this material and route it
through a solids capture system with the plant solids being added to that returned to the
farm, and the liquid being routed to the existing wastewater treatment plant.
BMP 2 - Weekly monitoring of all areas listed in BMP 1: Monitoring includes
inspection of equipment and tanks within containments as well as all areas of the facility.
The operational status of the processes, housekeeping and cleanliness, condition of
equipment and tanks, and notification of spills and leaks are noted as well as any
corrective actions taken.
BMP 3 - Annual monitoring of the areas listed in BMP 1: Monitoring includes in
depth inspection of equipment and tanks within containments as well as all areas of the
facility. Parameters of inspection include: housekeeping and cleanliness, operating
condition of equipment, evidence of spills and/or leaks, stormwater conveyance (i.e.
condition of valves, flow channels, etc...), erosion evidence, actions required to remedy
any problems, and the date the problem was resolved.
BMP 4 - Monitor berm contents: Avoca, Inc. keeps its spill containment berm drains
closed and locked. All pumps and valves are capped when not in use. The berms are
either drained by the boiler operator or pumped to Avoca's Tertiary Lagoon. All rain
water is inspected before it is drained to determine if there it has oil sheen or other
contaminates. In the case of a spill, the berms can be pumped out with a suction tanker or
either directly pumped to Avoca's Waste Water Treatment facility. The spilled liquid can
be either treated and disposed of or reused.
BMP 5 - Hazardous waste storage: All hazardous waste is stored in a concrete dike area
with a protective roof covering the containment. There are signs stating that Hazardous
waste is to be stored in this area only.
BMP 6 - Analytical Monitoring: Analytical monitoring of Stormwater Runoff is
performed as stated in Stormwater Permit No. NCS000134. Analytical monitoring of
outfalls 4001, #003, and #004 is performed quarterly. The temperature and pH are
recorded at the time of sampling. The samples are put on ice and sent to Environmental 1
located in Greenville, NC where they are analyzed for Nitrogen, Phosphorous, Total
Suspended Solids, COD, and pH. The analytical monitoring results are kept at Avoca,
Inc. and sent to NCDENR within 30 days of receiving the results from Environmental 1.
BMP 7 - Qualitative Monitoring: Qualitative monitoring of Stormwater Runoff is
performed as stated in Stormwater Permit No. NCS000134. Qualitative monitoring of
outfalls #001, #002, #003, #004, #006, and #007 is performed twice annually. Outfall
#005 is not monitored under the stormwater permit as it is covered under a separate
NPDES permit. The qualitative results are kept on file at Avoca, Inc.
BMP 8 - Training: Training of all Avoca, Incorporated personnel occurs annually.
Employees are trained in the safe handling of chemicals, spill prevention of chemicals,
location of shutoff valves, who to contact in case of a spill, location of containment
equipment, and operation and maintenance of containment equipment.
BMP 9 -- Spill Clean -Up: Hazardous waste clean-up and major Spills are handled be an
outside contractor. AVOCA, Incorporated has a contract with Inco, Inc, located in Rocky
Mount, NC to handle all it's major spill incidents.
BMP 14 — Covered Waste: All waste drums for scrap metal are to be covered. A tarp is
used to cover the scrap metal container which is used to store crushed drums at Avoca,
Inc.
CHANGES IN INDUSTRIAL OPERATIONS AND MATERIAL
HANDLING PRACTICES
AVOCA, INCORPORATED
Stormwater Permit No. NCS000134
Addition of a biomass boiler: Avoca, Inc. installed a biomass fired boiler west of
Building 1003-5. Possible fuels for the boiler include the Clary Sage plant residue after
processing and wood chips from local sources. Currently, the boiler is burning wood
chips exclusively. The design includes a storage shed for the biomass fuel, but the wood
chips are currently stored in the open pending construction of the shed. Drainage from
this location is to the west and southwest by sheet flow.
Expansion of Clary Sage Processing: Avoca, Inc. has increased the processing of Clary
Sage and extended the processing season for this raw material. Building 1003-5 is being
used as a covered staging area for the sage going into the process. In the early season, the
moisture content of the sage is higher and some liquid drains from the sage onto the
concrete floor of the storage shed. A BMP is being planned to capture any liquid
material or plant residue from this operation and remove it from the stormwater flow.
ST'QRMWA�TE-R -IMMUT N PLAN
.
F
r DELVE, PMENTrANDIMPL - MENTAT x
;rCERTIFICATIONf
Facility Name:
Permit Number:
Location Address:
County:
North Carolina Division of Water Quality - Stormwater Permitting Unit
Avoca Farms - Merry Hill
NCS000134
NCSR1502
Merry Hill, NC 27957
Berne
I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and
implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather
and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate and
complete."
And
I certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at
this facility location in accordance with the terms and conditions of the Stormwater discharge permit."
And
I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing
violations."
Signature
Dr, Day
Print or type name of person signing above
Date Il�zB�IZ
Pyg-
Title
5PPP Certification 5/09
NCDEE R
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 15, 2015
Mr. David Peele
Avoca, Inc.
P.O. Box 129
Merry Hill, NC 27957-0129
Dear Mr. Peele:
John E. Skvarla, III
Secretary
Subject: Final NPDES Stormwater Permit
Permit No. NCS000134
Avoca Farms — Merry Hill
Bertie County
In response to your renewal application for continued coverage under NPDES stormwater
permit NCS000134, we are forwarding herewith the subject state NPDES permit. This permit is
issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the
Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
Agency dated October 15, 2007 (or as subsequently amended).
This final permit includes no major changes from the draft permit that was noticed on
April 29, 2015.
Monitoring: The monitoring strategy remains the same (semi-annual) as the previous term of
the permit. Please note that analytical and qualitative monitoring is required in this permit.
Failure to complete the monitoring as required is a violation of the permit and any permit
noncompliance constitutes a violation of the Clean Water Act. Reference Part III, Section A,
Item 2 "Duty to Comply", Item 9 "Penalties for Tampering" and Item 10 "Penalties for
Falsification of Reports" of your permit for further information.
Reporting_ The data you provided with your permit renewal application lists TKN and Nitrate -
Nitrite in separate columns. Your permit requires that you report Total Nitrogen which is
TKN+Nitrate+Nitrite expressed in mg/L. Please begin reporting Total Nitrogen in this
manner.
Representative Outfall Status: Your request for Representative Outfall Status was granted
March 5, 2008 and will continue to be in effect under your renewed permit. For purposes of
Division of Energy, Mineral, and Land Resources
Energy Section - Geological Survey Section - Land Quality Section
512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: hhtt :Eportal.nodenr.orglwebllrl
Mailing Address:1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801
An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
NCS000134
Page 2 of 2
analytical sampling, Outfall 001 is granted representative outfall status for Outfall 002; and
Outfall 003 is granted representative outfall status for Outfalls 006 and 007. Outfalls 002, 006,
and 007 must still be included in the twice -yearly qualitative monitoring event. Outfall 005 is a
non-stormwater discharge covered under a separate NPDES permit. Please remember that any
actions you initiate in response to benchmark exceedances as directed in the tiered response
provisions of your permit must address all drainage areas represented by Outfalls 001 and 003,
where appropriate.
Chance in Ownership Please take notice this permit is not transferable. Part III, B.2. addresses
the requirements to be followed in case of change in ownership or control of this discharge.
This permit does not affect the legal requirements to obtain other permits which may be required
by the Division of Energy, Mineral, and Land Resources, or permits required by the Division of
Water Resources, Coastal Area Management Act or any other federal or local governmental
permit that may be required.
Appeal: 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.
If you have any questions or comments concerning this permit, contact Julie Ventaloro at (919)
807-6370 or at julie.ventaloro@ncdenr.gov.
Sincerely,
ORIGINAL SIGNED B�
KEN PICKLE
for Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land Resources
Attachment: Permit NCS000134
cc: DEMLR Washington Regional Office, Bill Moore
Sam Sampath, Ph.D., EPA Region IV, 61 Forsyth Street, Atlanta, GA 30303
Stormwater Permitting Program
DWR Central Files
NCS000134
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
. .0
TO DISCHARGE STORMWATER UNDER THE
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,
Avoca, Inc.
is hereby authorized to discharge stormwater from a facility located at
Avoca Farms - Merry Hill
841 Avoca Farm Road
Merry Hill, NC
Bertie County
to receiving waters designated as Salmon Creek, a class C; NSW stream in the Chowan River
Basin, in accordance with the discharge limitations, monitoring requirements, and other
conditions set forth in Parts I, II, III, and IV hereof.
This permit shall become effective July 1, 2015.
This permit and the authorization to discharge shall expire at midnight on June 30, 2020.
Signed this day June 15, 2015.
for Tracy E. Davis, P.E., CPM, Director -
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
Permit No. NCS000134
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: Qualitative Monitoring Requirements
Section D: On -Site Vehicle Maintenance Monitoring Requirements
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
Section A: Compliance and Liability
1. Compliance Schedule
2. Duty to Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
5. Oil and Hazardous Substance Liability
6. Property Rights
7. Severability
8. Duty to Provide Information
9. Penalties for Tampering
10. Penalties for Falsification of Reports
11. Onshore or Offshore Construction
12. Duty to Reapply
0
Permit No. NCS000134
Section B: General Conditions
1.
. Permit Expiration
2.
Transfers
3.
Signatory Requirements
4.
Permit Modification, Revocation and Reissuance, or Termination
5.
. 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
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Spills
8.
Bypass
9.
Twenty-four Hour Reporting
10.
Other Noncompliance
11.
Other Information
PART IV DEFINITIONS
Permit No. NCS600134 01
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration,
the permittee is authorized to discharge stormwater associated with industrial activity.
Such discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described
in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES
stormwater discharge permit requirements. Any owner or operator wishing to obtain a No
Exposure 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
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Permit No. NCS000134
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NCS000134
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WE
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Map Scale 124, 000
Avoca, Inc.
Avoca Farms - Merry Hill
Latitude: 360 00' 07" N
Longitude: 761* 42' 37" W
GDunty: Bertie
Receiving Stream: Salmon Creek
Index No: 25-24
Stream Class: C; NSW
Sub -basin: 03-01-04 (Chowan River Basin)
Facility Location
Permit No. NCS000134
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. The 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 of stormwater discharge associated with industrial
activity. The general location map (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 11 Page 1 of 12
Permit No. NC50o0134
(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 II1, 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 document the 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 storage of liquid materials; storage in any amount of Section 313
of Title III of the Superfund Amendments and Reauthorization Act (SARA) water
priority chemicals: and storage in any amount of hazardous substances, in order to
prevent leaks and spills from contaminating stormwater runoff. A table or summary
of all such tanks and stored materials and their associated secondary containment
areas shall be maintained. If the secondary containment devices are connected 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. For facilities subject to a federal oil Spill
Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan
fully compliant with the requirements of this permit may be used to demonstrate
compliance with this permit.
(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
Part 11 Page 2 of 12
Permit No. NCS000134
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
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
increased 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 and implemented.
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 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 where not already addressed under
another element of the SPPP. Inspection of material handling areas and regular
cleaning schedules of these areas shall be incorporated into the program. Timely
compliance with the established schedules for inspections, maintenance, and
housekeeping shall be recorded and maintained in the SPPP.
5. 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 Quly 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 1I 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 1I Page 3 of 12
Permit No. NCS000134
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 nori-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
Program's website (See'Monitoring Forms' here:
hUp:llpbrtal.ncdenr.org/weblirinpdes-stormwater).
The Director may notify the permittee 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 I11, 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 consistent with the provisions of this permit,
in order to control contaminants 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. NCS000134
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 measureable 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 DEMLR Regional Engineer. See Definitions
Table 1. Analytical Monitoring Requirements
Discharge
Charactertistics
Units
Measurement
Fre uen_ i
Sample
y T , +e2
ample
Fcatiion3
Nitrogen, Total
m L
semi-annual
Grab
SDO
Phosphorous, Total
m L
semi-annual
Grab
SDO
Total Suspended Solids SS
mgjL
semi-annual
Grab
SDO
Chemical Oxygen Demand COD
m L
semi-annual
Grab
SDO
Lead, Total Recoverable
m L
semi-annual
Grab
SDO
H
standard
semi-annual
Grab
SDO
Total Rainfal14
inches
semi-annual
Rain
Gau e
-
Footnotes:
1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly
sampling) during a measureable storm event, until either another permit is issued for this facility or until
this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three
response actions under the previous permit, the facility shall continue a monthly monitoring and
reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or
the Division.
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between
outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30
minutes, and shall continue until completed.
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 Division's letter granting ROS shall be
kept on site.
4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge
is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading
may be substituted for an on -site reading.
Part 11 Page 5 of 12
Permit No. NCS000134
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). Sampling is not required outside of the facility's
normal operating hours. A minimum of 60 days must separate Period 1 and Period 2
sample dates, unless monthly monitoring has been instituted under a "Tier Two"
response. 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 HI, Section E). However, for purposes
of benchmark comparison and Tiered response actions, the permittee shall use the
analytical results from the first sample with valid rgsulM within the monitoring period.
Table 2. . Monitoring Schedule
1Vlomtorrn periods
�Sample�Numbe
StaF,, �Endt'u�
p
Year 1- Period 1
1
July 1, 2015
December 31, 2015
Year 1- Period 2
2
January 1, 2016
June 30, 2016
Year 2 - Period 1
3
July 1, 2016
December 31, 2016
Year 2 - Period 2
4
January 1, 2017
June 30, 2017
Year 3 - Period 1
5
July 1, 2017
December 31, 2017
Year 3 - Period 2
6
January 1, 2018
June 30, 2018
Year 4 - Period 1
7
July 1, 2018
December 31, 2018
Year 4 - Period 2
8
January 1, 2019
June 30, 2019
Year 5 - Period 1
9
July 1, 2019
December 31, 2019
Year 5 - Period 2
10
January 1, 2020 _r
June 30, 2020
Footnotes:
1 Maintain semi-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 (180 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 semi-annually per permit terms may result in the Division requiring
monthly monitoring for all parameters for a specified time period. "No discharge" from an
outfall during a monitoring period does not constitute failure to monitor, as long as it is
properly recorded and reported.
The permittee shall compare monitoring results to the benchmark values in Table 3.
Exceedances of benchmark values require the permittee to increase monitoring, increase
management actions, increase. record keeping, and/or install stormwater Best Management
Practices (BMPs) in a tiered program. See below the descriptions of Tier One, Tier Two, and
Tier Three response actions below. In the event that the Division releases the permittee from
continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's
release letter may remain in effect through subsequent reissuance of this permit, unless the
release letter provides for other conditions or duration.
Part II Page 6 of 12
Permit No. NCS006134
Table 3. Benchmark Values for Analvtical Monitoring
Discha a Characte_risticst
Units '^'
".,, Benchmar
Total Suspended Solids CTSS)
mg/L
100
Chemical Oxygen Demand
mg/L
120
pH
standard
6-9
Nitrogen, Total
mg/L
30
Phosphorous, Total
mg/L
2
The benchmark values in Table 3 are not permit limits but should be used as guidelines for
implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value
is not a permit violation; however, failure to respond to the exceedance as outlined in this
permit is a violation of permit conditions.
Part 11 Page 7 of 12
Permit No. NCS000134
If. The first valid sampling results are above a benchmark value, or outside of the benchmark range, for
any parameter at any outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. Identify potential, and select the specific feasible: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, and/or to bring
concentrations within the benchmark range.
4. Implement the selected feasible 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 actions were implemented.
6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response.
If: The first valid sampling results from two consecutive monitoring periods are above the benchmark
values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall;
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring and reporting for all parametCa. The permittee shall
conduct monthly monitoring 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 benchmark range.
3. If no discharge occurs during the sampling period, the *permittee is required to submit a monthly
monitoring report indicating "No Flow" to comply with reporting requirements.
4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances,
exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three.
The Regional Engineer may direct the response actions on the part of the permittee as provided in
Tier Three, including reduced or additional sampling parameters or frequency.
5. Maintain a record of the Tier Two response in the SPPP.
6. Continue Tier Two response obligations throughout the permit renewal process.
Tier. Three
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 DEMLR Regional Engineer in writing within 30 days of receipt of
the fourth analytical results;
Then: The Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring and reporting frequency for
some or all of the parameters herein;
• require sampling of additional or substitute parameters;
• require the permittee to 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 implement site modifications to qualify for a No Exposure Exclusion;
• require the permittee to continue Tier Three obligations through the permit renewal process.
Part If Page 8 of 12
Permit No. NCS000134
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater
Pollution Prevention Plan (SPPP) and identify new potential 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 semi-annually as
specified in Table 4, and during required analytical monitoring events (unless the
permittee is required to perform further qualitative monitoring per the Qualitative
Monitoring Response, below). Inability to monitor because of adverse weather conditions
must be documented in the SPPP and recorded on the Qualitative Monitoring Report form
(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 maintained with the SPPP.
Table 4. ualitative Monitoring Requirements
iin "."95d5i' l'� xrA^ [. s
Discharge Character st><cs } 4
�gA,1 Gi-,.,�.ti31 }'%i
Frequencyt, ;,,
'j94atiT .�Y4'
; Monito�ng F
Color
semi-annual
SDO
Odor
semi-annual
SDO
Clarity
semi-annual
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semi-annual
SDO
Oil Sheen
semi-annual
SDO
Erosion or deposition at the outfall
semi-annual
SDO
Other obvious indicators
of stormwater pollution
semi-annual
SDO
Footnotes:
1 Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this
permit prompt monthly monitoring. 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
(00) regardless of representative outfall status.
Part li Page 9 of 12
Permit No. NC50o0134
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 Stormwater Pollution Prevention Plan.
Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential
sources of stormwater pollution, and prompting the permittee'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, the
Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for some
or all parameters (analytical or qualitative)
• require the permittee to 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 implement 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).
Table S. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
1)>ischarge�Characteristics`
;Units ` ' ;
Measurement
v Sample o
Sample
`
1~re" uen'
T ez
. Locations
Non -Polar Oil &Grease by
mg/L
semi-annual
Grab
SDO
EPA Method1664SGT-HEM
Total Suspended Solids
m L
semi-annual
Grab
SDO
Total Rainfal14
inches
semi-annual
Rain gauge
New Motor Oil Usage-
I gallons/month 1
semi-annual
I Estimate
-
Part 11 Page 10 of 12
Permit No. NCS000134
Footnotes:
1 Measurement Frequency: Twice per year during a measureable storm event (unless other provisions of
the permit prompt monthly sampling), 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. If the facility is monitoring monthly because of Tier Two or Three response actions
under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in
Tier Two or Tier Three status until relieved by the provisions of this permit or the Division.
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation
between outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within
the first 30 minutes, and shall continue until completed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur, unless representative outfall
status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site.
4 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain
gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain guage may
be substituted"for an on -site reading.
Failure to monitor semi-annually per permit terms may result in the Division requiring
monthly monitoring for all parameters for a specified time period, as provided in Part 1I
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 require
the permittee to increase monitoring, increase management actions, increase record
keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part
11 Section B.
Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring
i)ischairgeCharacterrstics .
__
: Uriiits
Benchmark';",
Non -Polar Oil & Grease by
EPA Method1664 (SGT-HEM)
mg/L
15
Total Suspended Solids
mg/L
100
Part II Page 11 of 12
Permit No. NCS000134
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
2.
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the
effective date of -the initial permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished
within 12 months of the effective date of the initial permit issuance.
New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan
shall be developed and implemented prior to the beginning of discharges from the operation of the
industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified
in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of
stormwater discharges from the operation of the industrial activity.
Existing facilities previously permitted and applying 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 of this permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part II, Paragraph 2(b) of this permit shall be accomplished prior to the
beginning of stormwater discharges from the operation of the industrial activity.
Duty to Comply
The permittee must comply with 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 [40 CFR 122.41).
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
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)].
Part III Page 1 of 9
Permit No. NCS000134
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)].
e. 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 the Act, and who knows at that time that 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)(iii) 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)],
f. 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 accordance with the terms, conditions, or requirements
of a permit [North Carolina General Statutes § 143-215.6A].
g. Any person may be assessed an administrative 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 in 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 11
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(g)(2)
and 40 CFR 122.41(a)(3)].
3. 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.
011_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.
6. PCQRi1SY 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
personal rights, nor any infringement of federal, state or local laws or regulations [40 CFR 122.41(g)].
Part III Page 2 of 9
Permit No. NCS000134
Severability
The provisions of this permit are severable, and if any provision of this permit, or the application of
any provision of this permit to any circumstances, is held invalid, the application of such provision to
other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-231.
8. O,ply 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].
10. Penalties for Fal5ifica 'on of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation,
or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41].
11. { n5hoTp ar Offshorc Construction
This permit does not authorize 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 8: 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. NCS000134
2. 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 identify 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.
3. Signa" toffy 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 business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the manager
of one or more manufacturing, production, or operating facilities, provided, the manager is
authorized to make management decisions which govern the operation of the regulated
facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing 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].
PartIll Page 4 of 9
Permit No. NCS000134
Certification. Any person signing a document under paragraphs a. or b. of this section, or
submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR
122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
7 certify, under penalty of law, that this document and all attachments were prepared under my
direction orsupervision 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 is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are signif cant penalties forsubmitting false information,
including the possibility of fines and imprisonment for knowing violations."
Electronic Reports. All electronic reports (e:g., eDMRs) submitted to the Permit Issuing
Authority shall be signed by a person described in paragraph a. above or by a duly authorized
representative of that person as described in paragraph b. A person, and hot a position, must be
delegated signatory authority for eDMR or other electronic reporting purposes.
The Permit Issuing Authority may require the permittee to begin reporting monitoring data
electronically during the term of this permit. The permittee may be required to use North'
Carolina's Electronic Discharge Monitoring Report (eDMR) internet application for that purpose.
For eDMR submissions, the person signing and submitting the eDMR must obtain an eDMR user
account and login credentials to access the eDMR system.
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 eta].
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)].
6. Annual Administering and Compliance Monitoring FeeRe uir_ements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A
NCAC 2H .0105(b)(2) may cause the Division to initiate action to revoke the permit.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this 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)].
2. Need to Halt Q[RCduce Not a Defense
It shall riot 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 122.41Cc)].
Part III Page 5 of 9
Permit No. NCSOOb134
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
the exercise of reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance; and
c. The permittee submitted notices as required under, Part III, Section E of this permit
If the Director determines that it will meet the three conditions listed above, the Director may
approve an anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
1. Representative Sam In ins
Samples collected and measurements taken, as required herein, shall be characteristic of the volume
and nature of the permitted discharge. Analytical sampling shall be performed during a 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 122.410)].
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.
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.
Part III Page 6 of 9
Permit No. NCS000134
5. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that
are required to be sampled, the permittee may petition the Director for representative outfall status.
If it is established that the stormwater discharges are substantially identical and the permittee is
granted representative outfall status, then sampling requirements may be performed at a reduced
number of outfalls.
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the
Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be
maintained on -site. The permittee shall retain records of all monitoring information, including
o all calibration and maintenance records,
o all original strip chart recordings for continuous monitoring instrumentation,
o copies of all reports required by this permit, including Discharge Monitoring Reports (DMRs)
and eDMR or other electronic DMR report submissions,
o 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 122.41].
Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the,presentation of
credentials and other'documents as may be required by law, to:
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at any location [40
CFR 122.41(i)].
SECTION E: REPORTING REQUIREMENTS
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 or submitted electronically to
the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR
forms are available on the Division's website (httR//pgrtal.urdCnr.grg/web/Ir/npdes-stormwater).
Regardless of the submission method (paper or electronic), submittals shall be delivered to the
Division or appropriate authority no later than 30 days from the date the facility receives the
sampling results from the laboratory.
Part III Page 7 of 9
Permit No. NCS000134
When no discharge has occurred from the facility during the report period, the permittee is required
to submit a discharge monitoring report, within 30 days of the end of the specified sampling period,
giving all required information and indicating "NO FLOW" as per NCAC T15A 0213.0506.
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 permittee 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 the Division's
specific requirement to do so. Qualitative Monitoring Report forms are available at the website
above.
2. Submitting Reports
Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to;
Central Files
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The Permit Issuing Authority may require the permittee to begin reporting monitoring data
electronically during the term of this permit. The permittee may be required to use North Carolina's
eDMR internet application for that purpose. Until such time that the state's eDMR application is
compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be
required to submit all discharge monitoring data to the state electronically using eDMR and will be
required to complete the eDMR submission by printing, signing, and submitting one signed
original and a copy of the computer printed eDMR to the address above.
3. Availability_or fReports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be
available 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 143-215.613 or in Section 309 of
the Federal Act
4.
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 Chanees
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. AnticipatCd Noncompliance
The permittee shall give advance notice 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)].
Part III Page 8 of 9
Permit No. NCS000134
7. $pills
The permittee shall report to the local DEMLR 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.
8. 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 effect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of
an unanticipated bypass.
9. Twenty-four,HQUr Re o�nE
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.
The written submission shall contain a description of the noncompliance, and its causes; the
period of noncompliance, including exact dates and times, and if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR
122.41(l)(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 122.41(I)(7)].
11. Ot Cr Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in 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
NCS000"134
PART IV DEFINITIONS
1. Ad
See Clean Water Act.
2. 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-StoEMMter Discharges
This permit regulates stormwater discharges. However, non-stormwater discharges which shall be
allowed in the stormwater conveyance system include:
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 [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. More information on BMPs can be found at:
t
S. B3Mass
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, intermediate products, 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 any General 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 DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environment and Natural
Resources.
Part IV Page 1 of 4
Permit No. NCS000134
10. Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority.
11. EML
The North Carolina Environmental Management 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.
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the 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 injection 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 DEMLR Regional Office. Two
copies of this information and a written request letter shall be sent to the local DEMLR Regional
Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on
site in the permittee's SPPP.
16. Municipal Separate Storm Sewer System (MS41
A stormwater collection system within an incorporated area of local self-government such as a city or
town.
17. No Ex of sgre
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 [40 CFR 122.26 (b)(14)]. DEMLR 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. Noticg 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 Energy, Mineral, and Land Resources (see "Director" above).
20. Eermittee
The owner or operator issued this permit.
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.
Part IV Page 2 of 4 Pages
Permit No. NCSOOI)134
22. Rgnresentative 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 Division 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 contain the 25-year, 24-hour storm event.
24. Section 313 Water Priorily 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 I11, 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 11(organic priority pollutants), Table
III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR
116.4; or
iii. Is a pollutant for which EPA has published acute or chronic water quality criteria.
25. Severe PropeW 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.
29, Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
Part IV Page 3 of 4 Pages
Permit No. NCS000134
30. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an industrial
site. Facilities considered to be engaged in "industrial activities" include those activities defined in
40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded
from the NPDES program.
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 Daily Load (TMDLI
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:l/portal.ncdenr.org/weblwglpslmtu/tmdl.
33. Toxic Poll,gIgnt
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.
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
T 6112/2015 Request for Affidaut for NCS000134- elaine.nx"a}Qroanole-chamnnewsherald.corn- RoanolEChmw News Herald Mail
'Good Morning Elaine,
Following up from our phone conversation this morning. I am requesting 2 copies of the affidavit for the below public
notice that ran one time in your paper — on 4/29/15. Please mail copies to the below highlighted address to my
attention. I need the of davits in order to submit invoice for payment. I appreciate your help!
NC DIV. OF ENERGY, MINERAL, AND LAND RESOURCES' INTENT TO ISSUE A STORMWATER DISCHARGE PERMIT
`- Public comment or objection to the draft permit(s) is invited. Submit written comments to DEMLR at the address below.
5 t 4 t 1,
prt : All comments received prior to May 29, 2015 will be considered in the final determination regarding permit issuance
�,�-.; and permit provisions.
tApplication: Avoca, Inc, P.O. Box 129, Merry Hill, NC has applied for an NPDES permit to discharge Stormwater from an
industrial facility at: Avoca Farms -Merry Hi11, 841 Avoca Farm Rd, Merry Hi11, NC, Berti e County. The facility discharges
to Salmon Creek in the Chowan River Basin.
Stormwater Permitting Contact: Julie Venta I oro
bl (919 ,907-6370
iulie.ventaloro(�ncdenr.eov
r• ,
Acopy of the draft permit(s) NCS000134 is available at: http://aortal.ncdenr.ore/web/ir/public-notices. Additional
' permit documents are available for the reproduction cost at:
DEMLR Stormwater Permitting Program
1( 1 •
512 N. Salisbury Street (location, zip 27604)
1612 Mail Service Center (mail)
Raleigh, NC 27699-1612
Laura Alexander
Stormwater Permitting Program
' NC Division of Energy, Mineral and Land Resources
1612 Mail Service Center ��eEivE❑
Raleigh, NC 27699-1612
N--`_ 919 807-6368
.xrt JUN 18 2015
DENR-LAND QUALITY
�.�'r STQRMWATER PERMITTING
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HE
AFFIDAVIT OF PUBLICATION
E ..' This is not an Invoice
Roanoke-Chowan News -Herald
S i11
Post Office Box 1325
Ahoskie, North Carolina 27910
IN ACCOUNT WITH
iED
NC DENR-DAQ
`lU'V 18 2015
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1612 Mail Service Center
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Raleigh, NC 27699
sTORAMATER AIR ��TY
Date Description
Lines Rate
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5/13/2015 NC Div. of Energy, Mineral, and 78 Legal Line
Land Resources Intent To Issue A
Storm Water Discharge Permit
Attorneys placing legal advertising are held responsible for payment. All statements payable 10 days after billing.
Additional copies of this notice will be furnished except upon payment of fee of $20,00.
NORTH CAROLINA
BERTIE COUNTY
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public, duly commissioned, qualified, and authorized by law to
administer oaths, personally appeared the undersigned representative who being duly sworn, deposes and
says that he (she) is an employee or other officer authorized to make this affidavit of Roanoke-Chowan
Publications, LLC, engaged in the publication of a newspaper known as the Roanoke-Chowan News
Herald, issued and entered as second class mailing in the Town Ahoskie, N.C., in said county and state;
that he (she) is authorized to make this affidavit and sworn statement; and the notice or other legal
advertisement, a true copy of which is attached hereto, was published in the Roanoke-Chowan News -
Herald on the following date
April 29, 2015
And that the said newspaper in which such notice, paper, document or legal advertisement was published
was at the time of each and every such publication, a newspaper meeting all of the requirements and
qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper
within the meaning of Section 1-597 of the General Statutes of North Carolina.
This the 13`h day of May 2015.
F_Pavx�
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Signature of representative making affidavit) V Q rjQTiq/?Y
a MY
COMMISMON EXPIRES
Sworn to and subscribed before to me this 13`h day of May 2015. ttlt>3V2pt8
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AFFIDAVIT OF PUBLICATION
This is not tin Invoice
Roanoke-Chowan News -Herald
Post Office Box 1325
Ahoskie, North Carolina 27910 R
�CEjVED
.IN ACCOUNT WITH 1 Uf v IS
2015
DENR.L,4AID
N6 DMNR-Dail rvi e Center SrpRMWAT R f'QUALITy
MI NG
Raleigh, NC 27699
Date Description Lines Rate
511312015 NC Div. of Energy, Mineral, and 78 Legal Line
Land Resources Intent To Issue A
Storm Water Discharge Permit
Attorneys placing legal advertising are held responsible for payment. All statements payable 10 days after billing.
Additional copies of this notice will be furnished except upon payment of fee of $20,00.
NORTH CAROLINA
BERTIE COUNTY
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public, duly commissioned, qualified, and authorized by law to
administer oaths, personally appeared the undersigned representative who being duly sworn, deposes and
says that he (she) is an employee or other officer authorized to make this affidavit of Roanoke-Chowan
Publications, LLC, engaged in the publication of a newspaper known as the Roanoke-Chowan News
Herald, issued and entered as second class mailing in the Town Ahoskie, N.C., in said county and state;
that he (she) is authorized to make this affidavit and sworn statement; and the notice or other legal
advertisement, a true copy of which is attached hereto, was published in the Roanoke-Chowan News -
Herald on the following date
April 29, 2015
And that the said newspaper in which such notice, paper, document or legal advertisement was published
was at the time of each and every such publication, a newspaper meeting all of the requirements and
qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper
within the meaning of Section 1-597 of the General Statutes of North Carolina.
This the 136` day of May 2015.
pvelo_t'_� nxl��Kj `,`,`��S�,�►rl�turrurrrrar,
Via``
(Signature of representative narking ndavil} Q NOTARy
MY
COMMIss" EMAES
Sworn to and subscribed before to me this 13'' day of May 2015, tilt9/2oia
� PUB U0? 4
{ olary public)
381
Advertising
Statement
I Laura Alexander
NC DENR-DAQ (Gerald Desota)
NC DAQ Budget Office
1612 Mail Service Center:
Raleigh, NC 27699-1612
u;
R-C News -Herald Classifieds
PO Box 1325
Ahoskie„ NC 27910
Phone: 252-332-2123
Fax: 252-332-3940
Customer: 35100941-000
Phone: (919)807-6368
Date : 04/30/15
Page : 1
0 Date_ ..._ _Reference #. Type _.. __Description_
( ...
5:04/29/15 01532275-001 i NCS000134 Avoca Public Notice
RECEIVED
MAY 0 5 2015
DEER -LAND QJAL11Y
STCRMINATER PERMITTING
f
r f
QL
.aemarks
f�
Thank you for your business.
Current 74.10 I 1-30 0.00 1 31-60 0.00
Runs Lines Inches- __ Total.
1 78 11.01 74.10
�o - 7
Sub Total: 74.10
Discounts: 0.00
Total Due: 74.10
61-90 0.00 91 + 0.00
Ventaloro, Julie
From: Brian Conner <Brian.Conner@Avocainc.com>
Sent: Monday, April 13, 2015 2:22 PM
To: Ventaloro, Julie; David Peele; Sam Tynch
Subject: RE: NPDES Stormwater Draft Permit NCS000134
Follow Up Flag: Follow up
Flag Status: Flagged
Ms. Ventaloro,
I have reviewed the draft Storm -Water Permit for Avoca, Inc., and everything that I received looks good. I did not get the
last 3 pages however. The attachment only went through page 9 of 12.
This may not be an issue since that may just be general conditions(?).
s rtstri•� drams w! a 1� Pai�
Thanks, V '0
Brian Conner
Environmental, Health, & Safety Manager
Avoca, Incorporated
From: Ventaloro, Julie rmailto:iulle.ventaloro@ncdenr.gov
Sent: Wednesday, April 08, 2015 2:03 PM
To: David Peele
Cc: Brian Conner
Subject: NPDES Stormwater Draft Permit NCS000134
Mr. Peele and Mr. Conner,
We are seeking your comments on the attached draft permit for the Avoca Farms facility in Merry Hill, NC. The cover
letter outlines the changes that were made to the permit since it was last issued. Please review the draft permit and
send your. comments tome either by email or regular mail. I've dropped a hard copy in the mail to you as well.
The draft has not gone out for public notice yet, but I anticipate that happening within the next month or so. I'll let you
know when that happens.
Please feel free to give me a call if you have any questions.
Julie Ventaloro
Stormwater Permitting Program
NC Division of Energy, Mineral, and Land Resources
1612 Mail Service Center, Raleigh, NC 27699-1612
Phone: (919) 807-637o Fax: (919) 807-6494
Website: http:llwatersul?plvwatershed.nc.gov
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties.
CCDEWR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. David M. Peele
Avoca, Inc.
P.O. Box 129
Merry Hill, NC 27957-0129
Dear.Mr. Peele:
Donald R. van der Vaart
Secretary
April 8, 2015
Subject: Draft NPDES Stormwater Permit
Permit No. NCS000134
Avoca Farms — Merry Hill
Bertie County
Enclosed with this letter is a copy,of the draft stormwater permit for your facility. Please review
the draft carefully to ensure thorough understanding of the conditions and requirements it
contains.
The draft permit contains the following significant changes from the facility's current permit:
1. You are required to collect analytical and qualitative monitoring samples during
"measurable storm events" as defined in Part II, Section B. This term is different from
the "representative storm event" in earlier permits.
2. Requirements for the Stormwater Pollution Plan (SPPP) have been updated in Part II,
Section A.
3. Changes have been made to two monitoring parameters, including a change to one
benchmark. Stormwater benchmarks are not permit limits, but rather guidelines for
implementing the Stormwater Pollution Prevention Plan (SPPP). A benchmark
exceedance is not a permit violation; however, the permittee must respond to
exceedances as directed in the Tiers.
• The Oil & Grease parameter is changed to Non -polar Oil & Grease [EPA
Method 1664 (SGT-HEM)]; the benchmark for Non -polar Oil & Grease is 15
mg/L.
• Vehicle maintenance monitoring parameters have been revised as follows:
Division of Energy, Mineral, and Land Resources
Energy Section - Geological Survey Section - Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200/ FAX: 919-715-8801
512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http:Nportal.ncdenr.orglwebAr/
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
NCS000134
Page 2 of 2
o Non -Polar Oil & Grease [EPA Method 1664 (SGT-HEM)] replaces
Oil & Grease/TPH. This requirement appears in all individual
stormwater permits; however, it only applies to facilities that perform
onsite vehicle maintenance activities. If the facility begins vehicle
maintenance during the permit cycle, the requirements shall apply.
o pH monitoring is no longer required for discharges only associated with
vehicle maintenance activities.
4. The data you provided with your permit renewal application lists TKN and Nitrate -
Nitrite in separate columns. Your permit requires that you report Total Nitrogen which
is TKN+Nitrate+Nitrite expressed in mg/L. Please begin reporting Total Nitrogen in
this manner.
Threatened and Endangered Species: Please note that your facility drains to an area where there
are threatened and endangered species. The Shortnose Sturgeon (Acipenser brevirostrum) is an
endangered species that has been identified near your facility. Failure to abide by your
stormwater permit may constitute violation of the Threatened and Endangered Species Act.
Representative Outfall Status: Your request for Representative Outfall Status was granted
March 5, 2008 and will continue to be in effect under your renewed permit. For purposes of
analytical sampling, Outfall 001 is granted representative outfall status for Outfall 002; and
Outfall 003 is granted representative outfall status for Outfalls 006 and 007. Outfalls 002, 006,
and 007 must still be included in the twice -yearly qualitative monitoring event. Outfall 005 is a
non-stormwater discharge covered under a separate NPDES permit. Please remember that any
actions you initiate in response to benchmark exceedances as directed in the tiered response
provisions of your permit must address all drainage areas represented by Outfalls 001 and 003,
where appropriate.
Please review the draft permit and submit any comments to me no later than 30 days following
your receipt of the draft. Comments may be emailed to me at julie.ventaloro(a),ncdenr.gov or
mailed to my attention at NCDENR, Land Quality Section, 1612 Mail Service Center, Raleigh,
NC 27699-1612. If you have any questions, please email me or call me at (919) 807-6370.
Sincerely,
Julie Ventaloro
Stormwater Permitting Program
Attachment: Draft Permit NCS000134
cc: Bill Moore, DEMLR Washington Regional Office
Stormwater Permitting Program Files
z' RIF%
NCDEE R
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
DATE: June 16, 2015
TO: [RECIPIENT]
EMAIL: (E-MAIL]
FROM: Julie Ventaloro, Division of Energy, Mineral, and Land Resources
SUBJECT: PUBLIC NOTICE
PAGES: 1
Please publish only the information (Public Notice) attached, ONE TIME in the legal section of your paper by
Wednesday. April 29, 2015. Please fax a copy of the proof to Laura Alexander at (919) 807-6494 for final approval
prior to publication. Within 10 days after publish date, please send the invoice and two copies of the original affidavit
to:
Laura Alexander
NCDENR/DEMLR/Stormwater
1612 Mail Service Center
Raleigh, NC 27699-1612
NC DIV. OF ENERGY, MINERAL, AND LAND RESOURCES' INTENT TO ISSUE A STORMWATER DISCHARGE PERMIT
Public comment or objection to the draft permit(s) is invited. Submit written comments to DEMLR at the address
below. All comments received prior to May 29, 2015 will be considered in the final determination regarding permit
issuance and permit provisions.
Application: Avoca, Inc, P.O. Box 129, Merry Hill, NC has applied for an NPDES permit to discharge stormwater from
an industrial facility at: Avoca Farms -Merry Hill, 841 Avoca Farm Rd, Merry Hill, NC, Bertie County. She facility
discharges to Salmon Creek in the Chowan River Basin.
Stormwater Permitting Contact: Julie Ventaloro
(919) 807-6370
iulie.ventaloro@ncdenr.aov
A copy of the draft permit(s) NCS000134 is available at: htto.//Portal.ncdenr.org/web/Ir/public-notices. Additional
permit documents are available for the reproduction cost at:
DEMLR Stormwater Permitting Program
512 N. Salisbury Street (location, zip 27604)
1612 Mail Service Center (mail)
Raleigh, NC 27699-1612
Division of Energy, Mineral, and Land Resources
Energy Section • Geological Survey Section - Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 / FAX: 919-715-8801
512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: httpJ/portal.ncdenr,org/web/Ir/
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
nL45 0 oo 13 jV
38
R-C News -Herald ClassifiedsAdvertising
PO Box 1325
Statement Phone:
2- 27910
Phone: 252-332-2123
1 Fax: 252-332-3940
Laura Alexander
NC DENR-DAQ (Gerald Desota)
i NC DAQ Budget Office
1612 Mail Service Center,
Raleigh, NC 27699-1612
Customer: 35100941-000
Phone: (919)807-6368
Date : 04/30/15
Page : 1
:. Date _ . _ __Reference #. _ Type_ _ _ , Description_ ___ _ __ Runs. _Lines._ .._ Inches_ _Total
J-04/29/15 01532275-001 i NCS000134 Avoca Public Notice 1 78 11.01 74.10
1.
i
RECEIVE®
t4 AY 0 5 2015
DEINn-L AM QUALITY
STORUWATiER RtRItIITTWG
_remarks
Thank you for your business.
Current 74.10 1 1-30 0.00
Sub Total: 74.10
Discounts: 0.00
Total Due: 74.10
31-60 0.00 61-90 0.00 91 + 0.00