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HomeMy WebLinkAboutNCS000255_FINAL PERMIT_20070618--- "--STORM INATER-DIVISfON"CODING-SHEET-- — PERMIT NO. �, `� � 000 Z CJcJ DOC TYPEFINAL PERMIT FMONITORING INFO ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ 2LO^f bfe 18 YYYYMMDD a N� '�u4 WATLc�Q . O G y June 18, 2007 Mr. Jamie Saddix General Manager Citation Castings PO Box 748 Biscoe, North Carolina 27209 Michael F. Easley, Governor State of North Carolina William G. Ross, Jr., Secretary Department of Environment and Natural Resources Coleen H Sullins, Director Division of Water Quality DRNR_FRO MAR 13 2008 DWO Subject: Final NPDES Stormwater Permit Permit NCS000255 Citation Castings Montgomery County Dear Mr. Saddix: In response to your renewal application for continued coverage under NPDES stormwater permit NCS000'U the Division of Water Quality (Division) is 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 US Environmental Protection agency dated May 9,1994 (or as subsequently amended). This final permit includes some changes from the draft permit sent to you on April 11, 2007. 1. The definition of "total flow" has been removed per our telephone discussion. 2. This spring, the Division re-evaluated benchmark values for analytical sampling. Three of the changes represent corrections to the number of significant figures, and two represent re -calculations of benchmark values. The reduction in phenols stems from a change in chemical reduction strategy based on input from the Division's Standards and Classifications Unit. The reduction in cadmium stems from recent scrutiny by the NC Environmental Management Commission. A reduction in the State standard for cadmium was proposed this spring. These are summarized below in the format "previous draft"/"current permit": i. Phenols: 5.3/4.5 ii. Total Cadmium: 0.014/0.001 iii. Total Copper: 0.0073/0.007 iv. Total Lead: 0.0338/0.03 v. Total Nickel: 0.261/0.26 PIease note that analytical 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. Please continue to monitor stormwater discharge outfalls (SDOs) SDO-1 and SDO-2 during this permit cycle. Though you have noted on your permit renewal application that SDO-2 drains only a small portion of your site, you did not conduct all of the required monitoring for SDO-2 during the previous permitting cycle. Partial analysis for this outfall was conducted on September 18, 2003 and June 8, 2004. The following parameters were found to be in excess of the current benchmark levels for at least one analysis: COD, Cu, Zn, and TSS. If your sampling during the upcoming permit cycle shows that SDO-2 is consistently below benchmark values, it may be considered for representative outfall status for the next permitting cycle. North Carolina Uvlslon of Water Quality (919) 733-7015 1617 Mail Service Center FAX (919) 733-0719 Raleigh, North Carolina 27699-1617 On the Internet at http://h2o.enr.state.nc.us/ Mr. Jamie Saddix Citation Castings Permit No. NCS000255 Page 2 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. Please take notice this permit is not transferable. Part Ill, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions or comments concerning this permit, contact Kelly Johnson at (919) 733-5083 x 376 or Ke11y.p.Johnson@ncmail.net Sincerely, _ for Coleen H. Sullins, Director cc: Fayetteville Regional Office, Michael Lawyer Stormwater Permitting Unit Central Files Attachments NCS000255 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Citation Castings, LLC is hereby authorized to discharge stormwater from a facility located at Citation Castings, LLC 530 East Main Street Biscoe, NC Montgomery County to receiving waters designated as Lick Creek, a class WS-I11 stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, I1I, IV, V and VI hereof. This permit shall become effective July 1, 2007. This permit and the authorization to discharge shall expire at midnight on June 30, 2012. Signed this 181h day of June 2007. for CoIeen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000255 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 I. 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 Section B: General Conditions 1. Individual Permit Expiration 2. Transfers r Permit No. NCS000255 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls I., 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. Bypass 8. Twenty-four Hour Reporting 9. - Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No. NCS000255 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. 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 which has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All 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 discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule; standard, ordinance, order, judgment, or decree. Part ! Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000255 Latitude: 35°21'38" N NCS000255 Facility Longitude: 79 4G 14 W County: Montgomery Citation Casting, LLC Location Stream Class: WS-III Receiving Stream: Lick Creek Sub -basin: 03-06-10 (Cape Feat River Basin) �Otth 140T TO ICAU Part I Page 2 of 2 Permit No. NCS000255 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum; the following items: L' Site Plan. The site'plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: a. A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, 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 point(s) of discharge. b. A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. C. A site map drawn to scale with the following items: (1) Distance legend and north arrow (2) Location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas) (3) Drainage structures (4) Delineated drainage areas for each outfall (5) Drainage area for each outfall in acres and percentage of each drainage area that is impervious (6) Building locations (7) Existing BMPs and impervious surfaces (8) For each outfall, a narrative description of the potential pollutants that could be expected to be present in the stormwater discharge. d. A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. e. Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. Part lI Page 1 of 7 Permit No, NCS000255 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: a. Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. b. Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater., Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. C. BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 1 Spill Prevention and Response Plan.' The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may Part II Page 2 of 7 Permit No. NCS000255 not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities'for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing.(in a9cordance with Part 111, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part I1 of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall Part 11 Page 3 of 7 Permit No. NCS000255 be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. Monitoring results shall be compared to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). The permittee shall evaluate the sources of any benchmark exceedances and evaluate the effectiveness of any site BMPs. The permittee shall review and/or update the SPPP and document any efforts to address stormwater contamination. Table !. Analytical Monitoring Requirements Y !'k I Fil Dischar e"�I+ ,:F , N„yNFr , ;111"q �t Fri, aracterist�esaF�l fw�,it ,�•� I' �' `�� Units,r t�. Measurement Fre, aerie" ' , qV. ', Sam le + oaf V;p T e„ „ Sa"mple =F , , •,L' ocation3f Chemical Oxygen Demand Mg/L Semi-annually Grab SDO Phenols Mg/L Semi-annually Grab SDO Total Cadmium Mg/L Semi-annually Grab SDO Total Copper Mg/L Semi-annually Grab SDO Total K' eldahl Nitrogen Mg/L Semi-annually Grab SDO Total Lead MPS Semi-annually Grab SDO Total Nickel Mg/L. Semi-annually Grab SDO Total Suspended Solids Mg/L Semi-annually Grab SDO Total Zinc Mg/L Semi-annually Grab SDO Oil and Grease ME& Semi -Annually Grab SDO H Standard Semi-annually Grab SDO Total Rainfall inches Semi -Annually Rainfall Event Duration minutes Semi -Annually Footnotes: I Measurement Frequency: All monitoring will be performed two times per year for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle, the permittee has submitted the appropriate paperwork for a renewal application before the submittal deadline, the permittee will be considered for a renewal permit. The applicant must continue semi-annual monitoring until the Part II Page 4 of 7 Permit No. NCS000255 renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 The permittee may choose to use SVX-246-051100 (or subsequent as amended) for analytical monitoring, though this format is not required. Table 2. Monitoring Schedule i' Monito "n, g period ': � ; Sample)Number ` ? ' ;'� r Start .'' . ,. t . ,• ` 4 :End , ° Year 1 - Spring 1 April 1, 2007 June 30, 2007 Year 1 - Fall 2 September 1, 2007 November 30, 2007 Year 2 - Spring 3 April 1, 2008 June 30, 2008 Year 2 - Fall ; 4 September 1, 2008 November 30, 2008 Year 3 - Spring 5 April 1, 2009 June 30, 2009 Year 3 - Fall 6 September 1, 2009 November 30, 2009 Year 4 - Spring 7 April 1, 2010 June 30, 2010 Year 4 - Fall 8 September 1, 2010 November 30, 2010 Year 5 - Spring 9 April 1, 2011 June 30, 2011 Year 5 - Fall 10 September 1, 2011 November 30, 2011 Footnotes: I Maintain semi-annual monitoring during permit renewal process. Table 3. Benchmark Values for Analytical Monitoring chs,, fia ,Disarge Cliaracteristic p ,; Unfits Benclirnark'" ' _:. Chemical Oxygen Demand Mg/L 120 Phenols Mg/L 4.5 Total Cadmium Mg/L 0.001 Total Copper Mg/L 0.007 Total Kjeldahl Nitrogen Mg/L 20 Total Lead Mg/L 0.03 Total Nickel Mg/L 0.26 Total Suspended Solids Mg/L 100 Total Zinc Mg/L 0.067 Oil and Grease Mg/L 30 pH Standard 6-9 Part 11 Page 5 of 7 Permit No. NCS000255 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 4. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution.' No analytical tests are required. Qualitative monitoring of stormwater outfalls is performed when stormwater discharge occurs but does not need to be performed during a representative storm event. In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 4. Qualitative Monitoring Requirements Y - 7 k --V'' f 1 - ✓ i 1 Discharge Characteristics 11��i' Y 'R 19 Frequency��a+"� .Monitoring :, atlon i.t I 1'i.y Color Semi-annually SDO Odor Semi-annually SDO Clarity Semi-annually SDO Floating Solids Serni-annually SDO Suspended Solids Semi-annually SDO Foam Semi-annually SDO Oil Sheen Semi-annually SDO Other obvious indicators of stormwater pollution Semi-annually SDO Footnotes- 1 Measurement Frequency: All monitoring will be performed two times per year for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. if at the end of this permitting cycle, the permittee has submitted the appropriate paperwork for a renewal application before the submittal deadline, the permittee will be considered for a renewal permit. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 The permittee may choose to use SWU-242-020705 (or subsequent as amended) for recording this data, though this format is not required. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform Part II Page 6 of 7 Permit No. NCS000255 analytical monitoring as specified below in Table 5. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. All analytical monitoring shall be -performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified in Table 2 (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). The permittee shall evaluate the sources of any benchmark exceedances and evaluate the effectiveness of any site BMPs. The permittee shall review and/or update the SPPP and document any efforts to address stormwater contamination. Table 5., Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge, Characteristics'°' L qu gl M ' r.� i�il�"°r^� i� � �� p �r� ', ' y� 'Units ' 11 �f1 Ali c �i r"L. U � v Measurement}, Frequency1 '- , .Sample' '' i s .i.='1 F ° F }• .1� �T �d3 - P' Sample';°;,,,, :_ L l�o eatlon H standard Semi-annually Grab SDO Oil and Grease mgfL Semi-annually Grab SDO Total suspended Solids MEL Semi-annually Grab SDO New Motor Oil Usage allons/month Semi-annually Estimate - Total Rainfall inches Semi-annually Rainfall Event Duration minutes Semi-annually Footnotes; - — — 1 Measurement Frequency: All monitoring will be performed two times per year for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle, the permittee has submitted the appropriate paperwork for a renewal application before the submittal deadline, the permttee will be considered for a renewal permit. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 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. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Disclarge' C}isracteristics '° F ''Untts ' Benchmark pH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 Part II Page 7 of 7 Permit No. NCS000255 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: The Stormwater Pollution Prevention PIan 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. Proposed Facilities; The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years; or both. Also, any person who violates a permit condition may be,assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 304 of the Federal Act 33 USC 1314 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($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. [Ref: North Carolina General Statutes 143- 215.6A] Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class 11 violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. Part III Page I of 8 Permit No. NCS000255 Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this individual 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 individual 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. Severabilitv The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 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 individual 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 that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual Part III Page 2 of 8 Permit No. NCS000255 permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or 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 § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signato1y Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1} For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental PartIII Page 3 of 8 Permit No. NCS000255 matters for the company. (A duty authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification, Revocation and Reissuance, or Tennination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual 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 individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. 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 individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 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 individual permit. 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 Part III Page 4 of 8 Permit No. NCS000255 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 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 required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. - Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. I The individual(s) who performed the sampling, measurements, inspection or maintenance activity; 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 individual 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. Part III Page 5 of 8 Permit No. NCS000255 5. Representative OutfalI If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6.. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan: Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. Inspection and Ent The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law; to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions.of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS I. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part III Page 6 of 8 Permit No. NCS000255 Availabilityof Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal' Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result 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 individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four Hour Reporting 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 antic ipated.time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. . Part III Page 7 of 8 Permit No. NCS000255 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 NCS000255 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the'effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee 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)(4) may cause this Division to initiate action to revoke the Individual Permit. PART.VI DEFINITIONS Act See Clean Water Act. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized.by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Management_ Practices (BMPs,) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page I of 5 Permit No. NCS000255 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources, 9. Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. 11. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. B. 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. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of -local self-government such as a city or town. 15. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. Part VI Page 2 of 5 Pages Permit No. NCS000255 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 18. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 19. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 20. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 21. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 22. Section 313 Water Priori Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986; also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA Title 111, Section 313 reporting requirements; and C. That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); t (2) Is listed as a hazardous substance pursuant to section 31 I(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part VI Page 3 of 5 Pages Permit No. NCS000255 23. Severe Prope , Damage Means 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. 24. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302A). 26. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 27. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 28. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 29. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. 30. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the polIutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, section 303, establishes the water quality standards and TMDL programs. Part VI Page 4 of 5 Pages Petmit No. NCS000255 31, Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 32. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 33. - Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 34. 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. 35. 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 VI Page 5 of 5 Pages ' /kCS 000255 F \N A I Michael F. Easley, Governor � �pG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources rAlan W. Klimek, P. E. Director y Division of Water Quality p N , Coleen H. Sullins, Deputy Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit FacilityName: Citation Castings, LLC NPDES Permit Number: NCS000255 Facility Location: Biscoe, NC (Montgomery County) Type of Activity: Metal Casting Receiving Streams: Lick Creek, See Figure 1 River Basin: Cape Fear River Basin, Sub -basin 03-06-10 Stream Classification: WS-III Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table 1 Facility Location: See Figure 1 Response Requested by (Date): Central Office Staff Contact: Kelly Johnson, (919) 733-5083, ext. 376 Description of Onsite Activities: This is a metal casting facility which does permanent and semi permanent mold, die casting, sand and lost foam casting, closed die forging, fixed, and CNC machining with aluminum, ductile, gray or Ni-Resist J iron, steel alloys or magnesium. Documents Reviewed: • NPDES Stormwater Permit Application Materials • Stormwater Permit File • Cape Fear Basinwide Plan • Draft 2006 303(d) List • EPA Sector -Specific Permit, 2006 draft ENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Customer Service 1-877-623-6748 NCS000255 h I i History: 1 January 1995: First issued to Citation Corporation for Foundry Service Company, to Lick Creek (class C) in the Yadkin -Pee Dee River Basin. This required annual monitoring for TSS, COD, Cu, Zn, Cd, Pb, Ni, TKN, phenols, and used cutoff concentrations. Vehicle maintenance monitoring was required for pH, oil and grease, Pb, TSS, and detergents containing methylene blue active substances (MBAS). • 1 March 2000: Re -issued requiring seven samples per cycle without cutoff concentrations. Vehicle maintenance monitoring was required, but no MBAS or Pb. • 3 December 2002: Corrected the River Basin from Yadkin -Pee Dee to Cape Fear. The receiving stream classification was also corrected at this time (revised from C to WS-111). There is a Lick Creek in the Yadkin River Basin that has a C classification, which may have been the source of the original error. • 6 August 2004: Renewal submitted, 2 "r 4-5000255 Central Office Review Summary: General Observations: This facility has not completed all of the requirements of the previous permit. A site visit may be pertinent for this facility if one has not already been conducted recently. Specifically, the analytical monitoring data shows excursions beyond the current benchmark values and is incomplete, the permittee needs guidance on determining the locations of outfalls and needs determination of representative outfall status, and the`qualitative data is also of concern. Additionally, the application references solid waste disposal dumpsters, which may contain oily'metal scraps that may contaminate the stonnwater. The applicant also notes that there is HAZMAT onsite. The site plan shows that there is an illicit connection "to be removed" at CB432, that CB# 12 is "to be plugged", and that "quench water was to be routed to SS" at CB#41. Were these actions taken? If not, do they need to be? CB#41 also appears to have a source inside a building that discharges to a stormwater ditch, but this is not specified as an outfall. There are used sand piles onsite. These piles may contribute to TSS, and they may also have other contaminants. Do they? 2. I pairment: Lick Creek, is classified as WS-III. Lick Creek is not classified as impaired on the 303(d) list. However, it drains to Cotton Creek, which is impaired for biological integrity. The Basinwide Plan cites the Star WWTP as the source of the standard violations, not this facility. 3. Industrial Changes Since the Previous Permit; There have been no significant industrial changes to the facility since the previous permit. 3 NCS000255 .A.- It Analytical Monitoring Data: As shown in Table 1, the permittee failed to submit all of the required analytical data. COD, copper, zinc, and TSS are consistently high. Phenols, cadmium, lead, nickel, and total kjeldahl nitrogen have been below the current benchmark for the samples provided. The permittee did not record rainfall depth, rainfall duration, or flow volume data for the previous cycle. The permittee also failed to sample both outfalls throughout'the previous permitting cycle. Table 1; Analytical Monitoring SDO 001 . Required Sampling Dates COD Phenols Total Cd Total Cu Total Pb Total Ni Total Zn TKN TSS Benchmark: Benchmark: 120 m IL 5,3 m IL Benchmark: Benchmark: 0.014 m IL 0.0073 m IL Benchmark: 0,0338 m IL Benchmark: 0.261 m IL Benchmark: 0.067 m IL Benchmark: 20 m 1L Benchmark: 100 m IL Year 1 14-Nov-00 0.127 <,000005 c5 b <.00006 <60 b <,00002 <20 b 5.45 Year 2 �•' 4 v,. - �, ,r :,, � . Year 3 11-Qec-02 0.059 <M0001 <1 b 0.031 0.03 3.28 Year 4, Q1 29-Mar-03 <0.01 <0.1 m 0.00i2 0.026 0.049 7.87 Year 4 02 18-Se -03 70 ztS6. t.}i „n�i; ' Y..•`., :, s �k , s i ., daiJ�n,� #i 1.99 25 Year 4, Q3 10-Dec-03 60 <0.01 <0.1 m <.0000005 <.0000i <0.5 b <10 b 0,0034 <.00001 <10 b 1.47 3 Year 4, Q4 8-Jun-04 69 <0.01 <O.1 m <.0000005 <0.5 b 0.0072 <.00001 <10 b 1.14 48 SDO 002 Required Sampling Dates COD Phenols Total Cd Total Cu Total Pb Total Ni Total Zn TKN TSS Benchmark: 120 m IL Benchmark: 5.3 m IL Benchmark: Benchmark: 0.014 m IL 0.0073 m IL Benchmark: 0,0338 m IL Benchmark: 0.261 m IL Benchmark: Benchmark: 0.067 m IL 20 m 1L Benchmark: 100 m IL Year 1 „N , Year „�,m;,•t, f` ,�,+�? ; i�, �'�. �f,1` f,�l� ,;o. [+�' rs?;-: a :;.;, Year 3 is u. fir. Year 4 Q1 A. ,F:`j' w .y ° n - '�% i:i�• Year 4 Q2 Year 4 03 18-Se 03 t 4.61 Year 4, Q4 8-Jun-04 40 0.03 <.0000005 <0.5 b 0.0031 <.00001 <10 b' 1.72 Over Benchmark Not Reported 1 ' !41CS000255 Qualitative Monitoring Data: As shown in Table 2, the permittee failed to conduct all of the qualitative monitoring. Clarity and suspended solids are consistently high for the monitoring that was conducted. (NOTE: The previous permit does not require the permittee to report qualitative monitoring. It is to be stored with the SPPP.) Table 2: Qualitative Monitoring SDO 001 Required Sampling Dates Color Odor Clarity Floating Solids Isuspended Foam Solids Oil Sheen Yr1 5 r 13-A r-00 Medium Black no No No Yr1 Fall 14-Nov-00 Medium Black/ Grayno �'''� :"' %��'; `;'::.''` No No Yr2 S r 27-Mar-01 i3lack no �7,w No No Yr2 Fall 9-Oct-01 Light -Medium Black no 5 Yr3 S r 3-A r-02 Medium Brown -Black No No Yr3 Fal 11-Dec-02 Medium Brown -Black no''°�':':• f ' ;', " No No Yr4 S r 29-Mar-03 Dark no 2 No No Yr4, Fall 18-Se -03 Medium Brown no 4 S,i' ,;,�r•' i-SN'f 3 No No 10-Dec-03 Brown/Grey no 3 2 2 No No Yr5S r k aar� t,,'. �, ,. �> _ , xw} y �.2r:��• .nr :' Yr4 d z Yr5,Fall �'t'=iY, 4 }l' k' .n 11 w -i , L` 7 ti : �, , y3: 11 ;;i, ,y j 5-.1 S'!. �.rr-h �,. 4i�4t },, +�(. ,�I �r s3' 4 .r " -1'J �� rd t 'r 1r, f- 't,l#e 4_ dYt �. t .,,: •: SDO 002 Required Sampling Dates Color Odor Clarity Floating Solids Suspended Solids Foam Oil Sheen Yr1 S r 13-A r-00 �_�', .1 .,G...S., fit. lr ! t 1 eV •. nr., I -�„ ! �''h,� (, .�. Ln .. -i.: }.: r ,I. -,..Y Yr1 Fall 14-Nov-00 1,'E, u'r �r.x+r �� F }} '."I . .. : 4}; u,r 7' .era 'F ; T `„� Mx= ,',, „", F ► ' s }`. `;' t ;:r ,,; .. , Yr2, S r 27-Mar-01 k",r a kn�. � ,'� p: �ii 4f .v � 17�° 1 ��. P .K2. r �. �". � 1 ,. ,1 it - 1• Yr2 Fall 9-Oct-01 ��,. ; �,a;�+�,., , `3`t�:',. a:,`, dry c x_ : , '� ;• , �� u4'' ' ,.:"'" <,+ �,:^`" Yr3 S r 3-A r-02 Yr3 Fal 11-D c-02 e rR,r =,ref , �„ � •` .;,,,w�a.�s.,l ��, 4 v �,��.. �•�.a � �,,,� a��,�l_. � ��t.;�c��� +�� , ,�r ,� ,.t °, .r. � ,. � " , E.,}} ;�},. , _ �i: Yr4 S r 2 03 M r- 9- a , �' r, � ,I+l.I. r. Yr4, Fall 18-Se -03 Li ht Black no 5 hr R. 4 4 no 14-Oct-03 Dark Grey noL 4 2 3 no no Yr5 S P r 19-A r-04 Li ht Grey no 2 4 no no Yr5,Fall - i) r Scale: O=Good, 10-Bad Over 5 5 it 1 NCS000255 Permit Changes: Analytical Monitoring: 1. pH has been added per DWQ revised strategy. 2. Oil and grease has been added because this facility likely uses oils as coolants and/or lubricants in the machining process. 3. Due to a potential lag time between the expiration of this permit and its renewal, the reviewer has specified in the permit that the permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. This approach is recommended because there has been a significant lag time since the expiration of the previous cycle. This will provide testing if there is a lag in future timeframes. 4. Benchmarks have been added to this draft permit. 5. All analytical monitoring has been set to semi-annually. 6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall and event duration parameters are in this permit, however.) 7. The permittee is required to collect all of the analytical monitoring samples during representative storm events as defined in this permit. This is not a change from their previous permit. Qualitative monitoring does not have to be performed during a representative storm event. 8. The analytical monitoring required by the EPA Sector -Specific permit; copper, zinc, and total suspended solids, were already included in the previous permit and are also included for the upcoming permit cycle. Permit Changes: Other Proposed Changes: l . Part II Section A has been revised. It now specifies all of the items to include on the site map. 2. Vehicle maintenance has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. 3. The permittee is encouraged to use form SWU-242-020705 for qualitative monitoring reporting and SWU-246-051100 for analytical monitoring required. The permittee is required to report all of the information on these forms (or subsequent forms as amended). 4. twill inform the permittee in -the cover letter of the permit that the minimum detection limits for all analytical reporting requirements should be below the benchmarks specified in the permit. 5. The permittee states in their application that they have determined that SDO 002 can be represented by SCO 001. 1 will point out to the permittee that they do not have the authority to make that determination. The applicant has applied for representative outfall status for the upcoming cycle. If there is a site visit, DWQ should determine whether or not to grant this status. The permittee reports that SDO 002 drains less than 2% of the facility. However, this area is of considerable size (10,282 ft�) and is also 90% impervious. We should consider "outfalls" as discharge points from the facility. These are areas where flow leaves the property via pipes, trenches, gullies, swales, ditches, etc. Each of these discharge points must be sampled unless DWQ grants representative outfall status. Also note on the facility map that there may be more outfalls than just 001 and 002. For instance, does CB#42 leave the site? Others? 6. I will point out to the permittee that they are to report their data in the units specified in the permit (mg/4 Y , INCS000255 Recommendations: Based on the documents reviewed, the application information first submitted on July 30, 2004 is sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Stormwater Permitting Unit Supervisor Date Concurrence by Regional Office Date Water Quality Supervisor Regional Office Staff Comments Date 0 .vvn,�9QG r fl Y March 5, 2007 Mike Lawyer 225 Green Street Suite 714ISystel Building Fayetteville, NC 28301-5043 Michael F. Easley, Governor . William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Subject: Staff Report NCS 000244 Citation Castings, LLC Montgomery County Dear Mr. Lawyer: . Alan W. Klimek, P.E., Director Division of Water Quality I have prepared a staff report and draft permit for this metal casting facility, which drains to Lick Creek (WS-111) in subbasin 03-06-10 of the Cape Fear River. Please return the enclosed staff report containing any comments or concerns you may have about issuing the enclosed draft permit. After I receive your comments, I will make any necessary changes to the permit and send it out to public notice. Thanks, Kelly Johnson Environmental Engineer enc: 1. Staff report 2. Draft permit 3. Applicant's application and site map 1V�. Carolina ttrra(!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet; h2o.emstate.nc.us 512 N, Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opporluni /ANlrmative Action Employer— 50°% Recycled110°% Post Consumer Paper NCS000255 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE In compliance with the provisions of North CarolinaGeneral Stattte"143-215.1, other lawful standards and regulations promulgated and adopted by the,,North Carolina Environmental Management Commission, and the Federal Water ollutio;ontrol Act, as amended, Citatio Castings, LLC �: , is hereby authorized to discharge rmwafrom a facility located at "itaiion Castings, LLC 530 East Main Street Biscoe, NC Montgomery County to receiving waters designated as Lick Creek, a class WS-II1 stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. Mote: Draft Permit Dates are 47aproximale This permit shall become effective July 1, 2007. This permit and the authorization to discharge shall expire at midnight on June 30, 2012. Signed this 1"day of July 2007. for Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission PART Section A: Section B: Section C: PART II Section A: Section B: Section C Section D PART III TABLE OF CONTENTS fh`11_�3f�:17I�i i7�! Individual Permit Coverage Permitted Activities Location I MONITORIN DISCHARGE Stormwatt Analytical Qualitativ, On -Site V Permit No. NCS000255 PERMITTED STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability I. 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 Section B: General Conditions 1. Individual Permit Expiration 2. Transfers i Permit No. NCS000255 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1, Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling v 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall. 6. Recordsete ton 7. Inspection, and Entry Section E: Reporting Requirements 1. Di charge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LMTATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS 11 Permit No. NCS000255 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. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee"is authorized to discharge n .� .<<� stormwater to the surface waters of North Carolina oyseparate ,storm sewer system which has been adequately treated and managed in accordance wtth�he terms -and conditions of this individual permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface allowable non-stormwater discharge or is cc The discharges allowed by this individual p Water Quality Standards. Cl tate' is prohibited unless it is an ikr permit, authorization or approval. cause or contribute to violations of This permit does not relieve the permittee;from responsibility for compliance with any other applicable federal state or local.law ' ' le., standard ordinance, order, judgment, or decree. Pp — � . e,g Part 1 Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000255 Latitude: 35°21'38" N Longitude: 79 46'14"W NCS000255 Facility k' y �F 4y County; Montgomery Citation Casting, LLC Location t�-ss Stream Class: WS-III Receiving Stream: Lick Creek Sub -basin: 03-06-10 (Cape Fear River Basin) tavottANOT TO !lALE Part 7 Page 2 of 2 Permit No. NCS000255 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to on;/fribute to contamination of stormwater discharges. The site plan shall contain the:fdIIowing`: 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 water(s) to which the stormwater outfall(s) discharges, o91f t .6 discharge is to a municipal separate storm sewer system, the nam otthe municipality and the ultimate receiving waters; and accurate latitude anNon 'itude of the point(s) of discharge. b. A narrative description of storage practices, loading and unloading activities, outdoor process areas, dusty r particulate generating or control processes, and waste disposal practices.Z�k-�f' t C. A site map draw�to;scale with the following items: (1) Distance legend and north arrow (2) Location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas) (3) Drainage structures (4) Delineated drainage areas for each outfall (5) Drainage area for each outfall in acres and percentage of each drainage area that is impervious (6) Building locations (7) Existing BMPs and impervious surfaces (8) For each outfall, a narrative description of the potential pollutants that could be expected to be present in the stormwater discharge. d. A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. e. Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. Part II Page I of 7 Permit No. NCS000255 2. Storrnwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: a. Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan,shall document the feasibility of k diverting the stormwater runoff away from areas,of potential contamination, b.. Secondary Containment Schedule, A 9blVduie toprovide secondary containment for bulk storage of liquid materials, storage=of Section 313 of Title III of the Superfund Amendments and Reauthorizatio V ct (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. 'If the�condary containment devices are connected directly storiyy 4 t r on yance systems, the connection shall be �6 � Fla �h'". controlled by manuuhlly activated�valves or other similar devices [which shall be secured with a locking,m chanism] and any stormwater that accumulates in the containment area shall e,,at a minimum visually observed for color, foam, outfall staining, visible sheensVaiid-Ndry weather flow, prior to release of the accumulated TY stormwater. Ac umulated stormwater shall be released if found to be uncontaminated;by: the material stored within the containment area. Records documenting ih&int ividual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. C. BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may Part II Page 2 of 7 Permit No. NCS000255 not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP maybe incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shdibbe identified. 6. Responsible Parry. The Stormwater Pollution�Pr vention`Plan shall identify a specific �, . "'s., position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all;componen s of the Plan shall be documented and position assignments providedZIend, 7. Plan Amendment. The permittee s he Plan whenever there is a change in design, construction, operation,{o rnain�ten'i ce which has a significant effect on the potential for the dischargeVpollutaft'ts to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed•an�.d updated on an annual basis. . The Director may notify the perinittee when the Plan does not meet one or more of the minimum requireme0kof�the''�permit. Within 30 days of such notice, the permittee shall submit a time schedule'to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees,'including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall Part 11 Page 3 of 7 Permit No. NCS000255 be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings beeing conducted over the term of the permit at each stormwater discharge outfall (SDO). The permrttee shall complete the minimum,ten analytical samplings in accordance withrthe schedule specified below in Table 2. Monitoring results shall be compared to the benct values in Table 3 are not permit limits but should Stormwater Pollution Prevention Plan (SPPP). TI benchmark exceedances and evaluate the effectiv4 review and/or update the SPPP.and documentany, Table 1. Analytical Monitorin ues in'Table 3. The benchmark s,guidelines for the permittee's iitee'shall evaluate the sources of any any site BMPs. The permittee shall to address stormwater contamination. I �IIIM1 III �!"il 1�1 `:. f .tS.rq I �J"'�1�^�CFfr u li �.F r��n aDischarge l I: , Characte shcs4, -,1f C�kl%I'L: ,, "k° ' �� FI{'i�i i�'I M1' '7�, ,�s �, �� r, r� : , y j��� `�'A-'M�v.7111 N",•�hFl -'k .. 4if".1n .1 MeasurementFrequency1, # �' f} ;�'u rt', � � `i�}bu �ti�� :4 "iN' � ICJ ;Sample g f; F �2 ,t ,r' ... � �. � ...I,..yp ,Nil ,Samplel!�.rr .. r; ��� ' .Location , Chemical Oxygen Demand M 1, Semi-annually Y Grab SDO Phenols a;, �'L Semi-annually Grab SDO Total Cadmium M L � Semi-annually Grab SDO Total Copper Mg/L Semi-annually Grab SDO Total K'eldahl Nitrogen Mg/L Semi-annually Grab SDO Total Lead Mg/L Semi-annually Grab SDO Total Nickel Mg/L Semi-annually Grab SDO Total Suspended Solids Mg/L Semi-annually Grab SDO Total Zinc Mg/L Semi-annually Grab 'SDO Oil and Grease M aLL Semi -Annually Grab SDO H Standard Semi-annually Grab SDO Total Rainfall inches Semi -Annually Rainfall Event Duration minutes Semi -Annually Footnotes: I Measurement Frequency: All monitoring will be performed two times per year for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle, the permittee has submitted the appropriate paperwork for a renewal application before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until Part II Page 4 of 7 Permit No. NCS000255 the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. if the detention pond discharges only in response to a storm event exceeding -a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 The permiuce may choose to use SWU-246-051100 (or subsequent as amended) for analytical monitoring, though this format is not required. Table 2. Monitoring Schedule onitoring period fi Sample 1Vumber.'; „•..:" Start ,',„ Year 1 - Spring 1 Apn .JP,'2007-�; June 30, 2007 Year 1 -Fall 2 Septeinber-1, 2007 November 30, 2007 Year 2 -Spring 3 (April N, 2608 June 30, 2008 Year 2 - Fall 4 dSeperriberl, 2008 November 30, 2008 Year 3 - Spring 5 ^y IfAprll, 2009 June 30, 2009 - Year 3 - Fall 6, � � /$epte'rnber 1, 2009 November 30, 2009 Year4 -Spring <7a ,' April 1, 2010 June 30, 2010 Year 4 -Fall September 1, 2010 November 30, 2010 Year 5 -'Spring 1, April 1, 2011 June 30, 2011 Year 5 - Fall %'( 10 %f September 1, 2011 November 30, 2011 Footnotes: k I Maintain semi-annual monitormgAlitHng permit renewal process. Table 3. Benchmark Values for Analytical Monitoring F 1+• i .laischarge Claaracter�atics; 4 P'; 'S': 4 -`rif r,� , ,Units' ';: ` h - Benchmark , ; P Ar Chemical Oxygen Demand Mg/L 120 Phenols Mg/L 5.3 Total Cadmium Mg/L 0.014 Total Copper Mg/L 0.0073 Total Kjeldahl Nitrogen Mg/L 20 Total Lead Mg/L 0.0338 Total Nickel Mg/L 0.261 Total Suspended Solids Mg/L 100 Total Zinc Mg/L 0.067 Oil and Grease Mg/L 30 PH Standard 6-9 Part II Page 5 of 7 Permit No. NCS000255 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 4. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls is performed when stormwater discharge occurs but does not need to be performed during a representative storm event. In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions tal pn in response to the discovery. This documentation will be maintained with the Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per,year, once -in the spring (April -.Tune) and once in the fall (September - November). Table 4. Qualitative Monitoring Requi Dharge�CharaceHstics P R " �X1 Monitoring,, ' oCatlon,�i Color Semi -a n all SDO Odor Semannuall` SDO Clarity (Semi-�ria all SDO Floating Solids Semi rtanua Ily SDO. Sus ended Solids tgemi-annual] SDO Foam Semi-annually SDO Oil Sheen Semi-annually SDO Other obvious indicators of stormwater pollution Semi-annually SDO Footnotes: 1 Measurement Frequency: All monitoring will be performed two times per year for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle, the permittee has submitted the appropriate paperwork for a renewal application before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 The permittee may choose to use SWU-242-020705 (or subsequent as amended) for recording this data, though this format is not required. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform Part lI Page 6 of 7 Permit No. NCS000255 analytical monitoring as specified below in Table 5. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified in Table 2 (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). The permittee shall evaluate the sources of any benchmark exceedances and evaluate the effectiveness of any4siteBMPs. The permittee shall review and/or update the SPPP and document any efforts tot ad'fess stormwater contamination. Table 5. Analytical Monitoring Requirements�foCrOnX-Sife'V/ehicle Maintenance Discharge Characteristics Units ;Measueement Sa"mplc: "`Sample, u r" � Fre uenc 1 , , r:. , .e2 ,,, Locationi3 , H standard /, % Semirp ually Grab SDO Oil and Grease mg/L . CSemiannually Grab SDO Total suspended Solids ``^• ��� t < �� Semi-annually Grab SDO New Motor Oil Usage ' i nt allonslmonthf' Semi-annually Estimate - Total Rainfall inches Semi-annually Rainfall Event Duration i , mint tes Semi-annually Footnotes: 1 Measurement Frequency: All monitoring will be performed two times per year for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle, the permittee has submitted the. appropriate paperwork for a renewal application before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring ; Discharge Characte'ris#ics `3`, aBenchmark O' pH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 Part II Page 7 of 7 Permit No. NCS000255 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: The Stormwater Pollution. Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, 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. Proposed Facilities: The Stormwater Pollution Prevention=Plan shallrbe developed and implemented prior to the beginning of discharges from the operation of the industrial activityaand'be updated thereafter on an annual basis. Secondary containment, as specified in Pa JfrSection ", aragraph 2(b) of this permit shall V;V 4 be accomplished prior to the beginning of discharges from; ph gperation of the industrial activity. 2. Duty to Comply The permittee must comply with all a constitutes a violation of the Clean W termination, revocation and reissuanci a. The permittee shall comp. Clean Water Act fo toxic standards or proh�ibitions, requirement. k 1 of this individual permit. Any permit noncompliance ,4y g ndsrgrounds for enforcement action; for permit ification; or denial of permit.upon renewal application, X i d`ards or prohibitions established under section 307(a) of the nts within the time provided in the regulations that establish these the permit has not yet been modified to incorporate the The Clean Watery W&t,p ovides that any person who violates a permit condition is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person. who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($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. [Ref: North Carolina General Statutes 143- 215.6A] d.. Any person may be assessed an administrative penalty by the Director for violating'section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. Part III Page I of 8 4. 5. Permit No. NCS000255 Du to mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affccting human health or the environment. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liabili Nothing in this individual permit shall be construed to the permittee from any responsibilities, liabilities, or pE under NCGS 143-215.75 et seq. or Section 311 of the F 6. Probe Rights 7. 8. 9 10. �'th`e':institution of any legal action or relieve — W, 'X to whicliSthe permittee is or may be subject to act, 33 USC 1321. The issuance of this individual permit does not convey ally property rights in either real or personal property, or any exclusive privileges, no Ares ititulthofizVe any injury to private property or any invasion of personal rights, nor any infringement oCFederal, S a e or local laws or regulations. Severability #i ` 3, � y The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application too',-.k of such provision to othericrrcums ces, and the remainder of this individual permit, shall not be affected thereby. Duty to_Provide_Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 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 individual 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 that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual Part III Page 2 of 8 Permit No. NCS000255 permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS Individual Permit Exviration 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. 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''2153.6 and 33 USC 1251 et. seq. ,f Transfers "s This permit is not transferable to any person except after--rio�ticee to and approval by the Director. The Director may require modification or revocation and retssuar ce,of.the permit to change the name and x,: N. N". incorporate such other requirements as may be necessary under.,'the Clean Water Act. Permittee is required to notify the Division in writing in the event the permitted fa lity is sold or closed. S_ ignatM Requirements , All applications, reports, or infotion ubmitted to the Director shall be signed and certified. a. All applications to be covereitunder this individual permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a r::•p respons�leco�porate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1480 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: . (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or we]I field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental Part III Page 3 of 8 Permit No. NCS000255 matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and'complete. I am aware that there are significant penalties; for submitting false information, including the possibility of fines and imprisonment for&owing violations." /S All >: The issuance of this individual permit does not individual permit, revoking and reissuing the it allowed by the laws, rules, and regulations cone and 123; Title 15A of the North Carolina Admi General Statute 143-215.1 et. al. Permit Actions ti15 � The permit may be modified, revolted and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance _ es not stay any individual permit condition. ctor from reopening and modifying the opterminating the individual permit as Code of federal Regulations, Parts 122 Subchapter 2H .0100, and North Carolina SECTION C: OPERATION 1. 2. 93 Proper Operation and Maintenance ANCE OF POLLUTION CONTROLS 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 individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 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 individual permit. Bypassing of Storm water 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 Part III Page 4 of 8 Permit No. NCS000255 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 Ill, 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 2 3. Representative Sampline Samples collected and measurements taken, as required nature of the permitted discharge. Analytical sampling event. Samples shall be taken on a day and time that isl t. taken before the discharge joins or is diluted by any oth Monitoring points as specified in this permit shall not bi v the Director. , Recording_ Results For each measurement, requirements of this ind all be characteristic of the volume and .rformed during a representative storm ltiaof the discharge. All samples shall be renbody of water, or substance. without notification to and approval of : activity performed or collected pursuant to the record the following information: a. The date, exact place;andtime,,of sampling, measurements, inspection or maintenance activity; The individual(s),,,who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) d. The individual(s) who performed the analyses; C. The analytical techniques or methods used; and 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 individual 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. Part III Page 5 of 8 Permit No. NCS000255 ' 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. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended.by request of the Director at any time. InsRection and Entry The permittee shall allow the Director, or an author acting as a representative of the Director), or in the separate storm sewer system, an authorized represe sewer system receiving the discharge, upon the°pre required by law, to; a. Enter upon the pi or where records b. Have access to this individual ;ntative (including an authorized contractor cility which discharges through a municipal municipal operator or the separate storm credentials and other documents as may be re a regulated facility or activity is located or conducted, conditions of this individual permit; times, any records that must be kept under the conditions of C. Inspect at reasohiblb times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part III Page 6 of 8 Permit No. NCS000255 4. 6. Availabilfty of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stonmwater discharge monitoring report. Planned Changes The permittee shall give notice to the Director as soon as possible ofany,planned changes at the permitted I -A �9 'Ci`,`F,+ j l facility which could significantly alter the nature or quanti%pf pollutants discharged. This notification requirement includes pollutants which are not specifically:listed in the individual permit or subject to Y Y:.iJ notification requirements under 40 CFR Part 122.42_(4: Anticipated Noncompliance The permittee shall give notice to the facility which may result in no cn omp 7. Bypass a. Anticipated bypaW If the prior notice, if possible at the anticipated tuali and p q.. _ tY�r m., Cvpossible of any planned changes at the permitted idual permit requirements. iittee•knows in advance of the need for a bypass, it shall submit ten days before the date of the bypass; including an evaluation of :t 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 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. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Part III Page 7 of 8 Permit No. NCS000255 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 NCS000255 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this Act then applicable. PART V ADMINISTERING AND REOUIRE] The permittee must pay the administering and compliance r the Division. Failure to pay the fee in timely manner in acc Division to initiate action to revoke thetIiidt�' vidual,Permit. u�h PARTWI 1. Act See Clean Water Act, 2. Arithmetic Mean itain,any other requirements in the MONITORING FEE ig fee within 30 (thirty) days after being billed by with 15A NCAC 2H .0105(b)(4) may cause this DEFINITIONS The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitatg and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page 1 of 5 5 6. 7. 8. Permit No. NCS000255 t 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. Bulk Storap-e of Liauid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. Clean Water Act le> The Federal Water Pollution Control Act, also known USC 1251, et. seq. Division or DWO The Division of Water Quality, Department of 9, Director The Director of the 10. EMC The North Carolina 12 (CWA), as amended, 33 sanNatural Resources. issuing authority. Commission. Grab Sample' An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. ' Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm, Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. Part VI Page 2 of 5 Pages Permit No. NCS000255 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 18. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single, event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discliar e'l'e ins a ain•within the next 10 hours. P P Y P g g,kwg_ g r 19. Representative Outfall Status When it is established that the discharge of sti discharges at multiple outfalls, the DWQ may status allows the permittee to perform analytic 20. Rinse Water Discharge The discharge of rinse water fi waters from vehicle and equip utilizing any type of detergent 21. Secondary Containment From a single outfall is representative of the Ave outfall status. Representative outfall a reduced number of outfalls. iiig areas associated with industrial activity. Rinse are process wastewaters and do not include washwaters Spill containment for thef�bntents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25=year, 24-hour storm event. 22. Section 313 Water Priority Chemical A chemical or chemical category which: Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements; and C. That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic I ollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part VI Page 3 of 5 Pages r 23 24, Permit No. NCS000255 Severe Property Damage Means 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. 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 3 l3 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stony water lischarges. 25. Significant Spills 26. 27. 28. 29 30. Includes, but is not limited to: releases of oil or ha; under section 311 of the Clean Water Act (Ref. 40 CERCLA (Ref: 40 CFR 302.4). Stormwater Runoff The flow of water which results from result of snowmelt. 14,11, ,in:excess of reportable quantities CFR 117.21) or section 102 of occurs immediately following rainfall or as a 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' ,'Iindustrial activities' include those activities defined in 40 CFR 122.26(b)(14). The term does not include discli rges from facilities or activities excluded from the NPDES program. 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. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Part VI Page 4 of 5 Pages Permit No. NCS000255 31. Total Maximum Daily -Load (TMDL} A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, section 303, establishes the water quality standards and TMDL programs. 32. Toxic Pollutant 33 34 35, 36, Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. UnSet Means an exceptional incident in which there is unint technology based permit effluent limitations because permittee. An upset does not include noncompliance designed treatment or control facilities, inadequate tri maintenance, or careless or improper operation. Vehicle Maintenance Activity 4 temporary noncompliance with. )eyond=the reasonable control of the nt caused by operational error, improperly control facilities, lack of preventive Vehicle rehabilitation, mechanical repairs,rpainting,_fueling, lubrication, vehicle cleaning operations, or airport deicing operations. Visible Sedimentation''° Solid particulate matter, both mineral an"d organic, that has been or is being transported by water, air, gravity, or ice from its site of origin yvhich can be seen with the unaided eye. The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages