HomeMy WebLinkAboutNCS000037_Final Permit_20100119Q=
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
December 28, 2009 J A IN � 1
Mr. Bill Archer
Clariant Corporation
P.O. Box 669246
Charlotte, NC 28266
Subject: Final NPDES Stormwater Permit
Permit No. NCS000037
Mount Holly East (MHE) Facility
Mecklenburg County
Dear Mr. Archer:
In response to your renewal application for continued coverage under NPDES stormwater permit NCS000037,
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 U.S. Environmental Protection agency dated October 15, 2007 (or as
subsequently amended).
This final permit includes no major changes from the draft permit sent to you on November 4, 2009.
The qualitative monitoring strategy remains the same (semi-annual) as the previous term of the permit. Please
note that analytical monitoring is also required in this permit. Failure to complete the monitoring as required is
a violation of the permit and any permit noncompliance 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.
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 musl be in the form of a wrillen petition, currfointing to CltapLei 150B of lire North
Ccuoluru Geneied Statutes, aird filed whir lire Office of Aditthdsliative IIeathrgs, Posl Office Drawer 27447,
Raleigh, Not llr Cacolirra 27611-7447. UILIeSS such deinand is inade, this decision shallbe final and binding.
Per the requirements of the Catawba Riparian Buffer Rule, all storm -water drainage from portions of this
site that have been constructed after June 30, 2001 must be discharged through a correctly designed level
spreader or another device that meets diffuse flow requirements per 15A NCAC 2B .0243. Diffuse flow
requirements are described in Chapter 8 of the North Carolina Stormwater BMP Manual, available at:
http:/ /h2o.enr.state.nc.us/su/bmp_forms.htm
Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed in case
of change in ownership or control of this discharge. This permit does not affect the legal requirements to
obtain other permits which may be required by the Division of Water Quality or permits required by the
Wetlands and Stormwater Branch One
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 IvOrthCar011na
Location: 5N. Salisbury St. Raleigh, North Carolina 2704 J$? �
Phone: 919-8-807-63001 FAX: 919-807-6494 \Customer Service: 1-877-623-6748 id
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer
Mr. Sill Archer
Clariant Corporation
Permit No. NCS000037
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 Robert Patterson at (919) 807-6375 or
robert.patterson@ncmail.net.
Sincerely,
ORIGINAL SIGNED BY
KEN FICKLE
for Coleen H. Sullins, Director
cc: Mooresville Regional Office, Water Quality Section
Mike Mitchell, EPA Region IV
Mecldeitbuig Courtly
Stormwater Permitting Unit
Central Files
Attachments
2
Permit No. NCS000037
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 fOgulatioiis promulgated and adopted by the North Carolina Lmhomneiital
Management Commission, and the Federal Water Pollution Control Act, as amended,
Clariant Corporation
is hereby authorized to discharge stormwater from a facility located at
Mount Holly East Facility
11701 Mount Holly Road
Charlotte, NC
Mecklenburg County
to receiving waters designated as Long Creek and the Catawba River, class WS-IV; CA streams
in the Catawba River Basin, in accordance with the discharge limitations, monitoring
requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof.
This; permit shall become effeclive January 1, 2010.
This permit and the authorizalion to discharge shall expire al niidnighl on December 31, 2014.
Signed this 2W day of December, 2009. ORIGINAL SIGNED B
KEN PICKLE
for Coleen H. Sullins Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCS000037
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual-Pennit Coverage
Section B: Permitted Activities
Section C: Location Map
PARTII MONII'ORINU, CONTROLS, AND LIMITATIONS FOK PF.kM['IJ+J)
DISCHARGES
Section A: Storinwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: Qualitative Monitoring Requirements
Section D: On -Site Vehicle Maintenance Monitoring Requirements
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL
PERMITS
Section A: Compliance
and Liability
1.
Compliance Schedule
2.
Duty to Comply
3..
Duty to Mitigate
4.
Civil and Criminal Liability
5.
Oil and Hazardous Substance Liability
6.
Property Rights
7.
Severability
8.
Duty to Provide Information
9.
Penalties for Tampering
10.
Penalties for Falsification of Reports
Section B: General Conditions
1.
Individual Permit Expiration
2.
Transfers
i
Permit No. NCS000037
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.
Ropiesentative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
I .
Discharge Monitoring Reports -
2.
Submitting Reports
3..
Availability of Reports
4.
Non-Stonnwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
BYpass
R.
Twenty-four Hour Reporting
9.
Other Noncompliance
10.
Other Infonnation
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
ii
Permit No. NCS000037
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 stornwater associated with industrial activity. Such
discharges shall be controlled, limited'and monitored as specified in this pen -nit.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40
CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stonnwater
discharge permit requirements. Any owner or operator wishing to obtain a No Exposure
Certification must submit a No Exposure Certification NOI form to the Division; must receive
approval by the Division; must maintain no exposure conditions unless authorized to dischargo
under a valid NPDES stonnwater permit; and must reapply for the No Exposure Exclusion once
evcty five (5) years.
SECTION B: PERMITTED ACTIVITIES
Until this pen -nit expires or is modified or revoked, the permittee is authorized to discharge
stonnwater to the surface waters of North Carolina or separate storm sewer system that has been
adequately treated and managed in accordance with the terms and conditions of this individual
permit. All stonnwater 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-stonnwater discharge or is covered by another permit, authorization, or approval.
The stonnwater discharges allowed by this individual pen -nit shall not cause or contribute to
violations of Water Quality Standards.
This pen -nit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Part I Page 1 of 2
SECTION C: LOCATION MAP
Permit No. NCS000037
N
5:
Clariant Corporation
Mount Holly East (MHE) Facility
L�titu&: 35�'17'46" P,'
Lormituc&!: 8,01 59' 55" Vv-
County: NecklenbUl'g
Receivi,rg Stresmi: Lc rig Crev-=k S taR.L RN.-er
Sub-Lasin: 03-0S-11 & 03-0833 (Cata,,vb, I River Basin?
Facility Location
Part I Page 2 of 2
Permit No. NCS000037
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The Permittee shall develop a Stonnwater 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 Plari 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
stoinrwatei discharges. The site plait sliall 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
stonnwater outfall(s) discharges, or if the discharge is to a municipal separate
storin sewer system, the name of the municipality and the ultimate receiving
waters, and accurate latitude and longitude of the point(s) of discharge. The
general location map (or alternatively the site map) shall identify whether each
receiving water is impaired (on the state's 303(d) list of impaired waters) or is
located in a watershed for which a TMDL has been established, and what the
parameter(s) of concern are.
North Carolina's 303(d) List can be found here:
http://h2o.enr.state.ne.us/tmdl/Getieral 303 d.htm#Downloads
North Carolina TMDL documents can be found here:
http://h2o.enr.state.ne.us/tmdl/TMDL list.htm#Final TMDLs.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A uauative description of the potential pollutants which
could be expected to be present in the stonnwater discharge from each outfall.
(c) A site map drawn to scale (including a distance legend) showing: the site property
boundary, the stormwater discharge outfalls, all on -site and adjacent surface
waters and wetlands, industrial activity areas (including storage of materials,
disposal areas, process areas, loading and unloading areas, and haul roads), site
topography, all drainage features and structures, drainage areas for each outfall,
direction of flow in each drainage area, industrial activities occurring in each
drainage area, buildings, existing BNIPs, and impervious surfaces. The site map
must indicate the percentage of each drainage area that is impervious.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the three (3) previous years and any corrective actions taken to mitigate
spill impacts.
Part II : Page 1 of 10
Permit No. NCS000037
(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 5. The pennittee shall re -certify annually that the stonnwater
outfalls have been evaluated for the presence of non-stormwater discharges.
2. Stonnwater Management Pian. 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 stonnwater management plan, at a minimum, shall
incorporate the following:
(a) Feasibility Study. A ieview of [lie leclniical acid econoinic feasibility of cliaiighig
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 stonnwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondarycontainment is
required for: bulk storage of liquid materials; storage in any amount of Section
313 of Title III of the Superfund Amendments and Reauthorization Act (SARA)
water priority chemicals; and storage in any amount of hazardous substances, in
order to prevent leaks and spills from contaminating stormwater runoff.. A table
or summary of all such tanks and stored materials and their associated secondary
containment areas shall be maintained. If the secondary containment devices are
connected directly to stonnwater conveyance systems, the connection shall be
controlled by manually activated valves or other similar devices (which shall be
secured closed with a locking mechanism), and any stonnwater that accumulates
in the containment area shall be at a minimum visually observed for color, foam,
ou[fall staining, visible sheeiis and diy wealhei flow, piioi to release of [lie
accumulated stonnwater. 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 stonnwater, and the date and time of the release shall be kept for a
period of five years.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMP) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stonnwater discharges and data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
Part II Page 2 of 10
Permit No. NCS000037
3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel (or the team) responsible for implementing the
SPRP shall be identified in a written list -incorporated into the SPRP and signed and dated
by each individual acknowledging their responsibilities for the plan. A responsible
person shall be on -site at all times during facility operations that have the potential to
contaminate stonnwater runoff through spills or exposure of materials associated with the
facility operations. The SPRP must be site stonnwater'specific. Therefore, an oil Spill
Prevention Control and Countermeasure plan (SPCC) inay be a component of the SPRP,
but may not be sufficient to completely address the stormwater aspects of the SPRP. The
common elements of the SPCC with the SPRP may be incorporated by reference into the
SPRP.
I. Preweiitative Maintenance and Good Ilousek ophig Piogiatn. A ptuveaLative
maintenance and good housekeeping program shall be developed. The program shall list
all stonnwater control systems, stonnwater discharge outfalls, all on -site and adjacent
surface waters and wetlands, industrial activity areas (including material storage areas,
material handling areas, disposal areas, process areas, loading and unloading areas, and
haul roads), all drainage features and structures, and existing structural BMPs. The
program shall establish schedules of inspections, maintenance, and housekeeping
activities of stormwater control systems, as well as facility equipment, facility areas, and
facility systems that present a potential for stormwater exposure or stormwater pollution.
Inspection of material handling areas and regular cleaning schedules of these areas shall
be incorporated into the program. Timely compliance with the established schedules for
inspections, maintenance, and housekeeping shall be recorded in writing and maintained
in the SPPP.
5. Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill response
and cleanup, preventative maintenance activities, and for any of the facility's operations
that have the potential to contaminate stonnwater runoff. Facility personnel (or team)
responsible for implementing the training shall be identified, and their annual training
shall be documented by the sigtiztture of each employce Liaiiied.
6. Responsible Party. 'Ihe Stormwater Pollution Prevention flan 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. All aspects of the Stormwater
Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual
update shall include an updated list of significant spills or leaks of pollutants for the
previous three years, or the notation that no spills have occurred. The annual update shall
include re -certification that the stonnwater outfalls have been evaluated for the presence
of non-stonnwater discharges. Each annual update shall include a re-evaluation of the
PartII Page 3 of 10
Permit No. NCS000037
effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management
Plan.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the pen -nit. Within 30 days of such notice, the pennittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The pennittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes
have been made.
8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as
part of the Preventative Maintenance and Good Housekeeping Program at a minimum on
a semi-annual schedule, once during the first half of the year (January to June), and once
during the second lialf (July to Deceinb,oi), with at least 60 days sepaialing iusheclion
dales (wiless perl6nned more frequently than semi-annually). These facility inspections
are different from, and in addition to, the stonnwater, discharge characteristic monitoring
required in Part II B and C of this permit.
9. Implementation. The pennittee shall implement the Plan. Implementation of the Plan
shall include documentation of all monitoring, measurements, inspections, maintenance
activities, and training provided to employees, including the log of the sampling data and
of actions taken to implement BMPs associated with the industrial activities, including
vehicle maintenance activities. Such documentation shall be kept on -site for a period of
five years and made available to the Director or the Director's authorized representative
immediately upon request.
Part II Page 4 of 10
Permit No. NCS000037
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of storinwater discharges shall be performed as specified 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 stonnwater discharge outfall (SDO).
A representative storm event is a storm event that measures greater than 0.1 inches of rainfall
and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1
inches has occurred. A single stone 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.
Table 1. Analytical Monitoring Requirements
Discharge
Characteristics
Units
Measurement Frequencyl
Sample
Type2
Sample
Location3
TSS, Total Suspended Solids
mg/L
semi-annual
Grab
SDO
COD, Chemical Oxygen
Demand
mg/L
semi-annual
Grab
SDO
pH
standard
semi-annual
Grab
SDO
Total Rainfall4
inches
semi-annual
Rain Gauge
-
Footnotes:
I Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the permiee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permttee will be considered for a renewal application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. See Table 2 foi schedule of imnitoling periods tluou,gh (lie end of this pennitting
cycle.
2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative
outfall status has been granted.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or
local rain gauge reading must be recorded.
Part II Page 5 of 10
Permit No. NCS000037
The permittee shall complete the minimum ten analytical samplings in accordance with the
schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and
Period 2 sample dates unless monthly monitoring has been instituted under a Tier 'Two
response.
Table 2. Monitoring Schedule
Monitoring periodr'Z
Sample Number
Start
End
Year 1 — Period 1
1
January 1, 2010
June 30, 2010
Year 1 — Period 2
2
July 1, 2010
December 31, 2010
Year 2 — Period 1
3
4
January 1, 2011
June 30, 2011
Year 2 — Period 2
July 1, 2011
December 31, 2011
Year 3 Poriod 1
5
Januaty 1, 2012
Julie 30, 2012
December 31, 2012
Year 3 - Period 2
6
July 1, 2012
Year 4 — Period 1
7
January 1, 2013
June 30, 2013
Year 4 — Period 2
8
July 1, 2013
December 31, 2013
Year 5 — Period 1
9
January 1, 2014
June 30, 2014
Year 5 — Period 2
10
July 1, 2014
December 31, 2014
Footnotes:
1 Maintain semi-annual monitoring during permit renewal process. The applicant must continue semi-annual
monitoring until the renewed permit is issued.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No
Flow" within 30 days of the end of the six-month sampling period.
The permittee shall report the analytical results from the first sample with valid results within the
monitoring period. The permittee shall compare monitoring results to the benchmark values in
Table 3. The benchmark values in Table 3 are not pen -nit limits but should be used as guidelines for
the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values
require the pennittee to increase monitoring, increase management actions, increase record keeping,
and/or install stonnwater Best Management Practices (BMPs) in a tiered program. See below the
descriptions of Tier One and Tier Two.
Table 3. Benchmark Values for Analytical Monitoring
Discharge Characteristics
Units
Benchmark
TSS, Total Suspended Solids
mg/L
.100
COD, Chemical Oxygen
Demand
mg/L
120
pH
standard
6-9
Part II Page 6 of 10
Permit No. NCS000037
Tier One
If: The first valid sampling results are above a benchmark value, or outside of the benchmark
for anv parameter at anv outfall:
Then: The pennittee shall:
1. Conduct a storinwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedence.
3. Identify potential, and select the specific: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, of to bihig
concentrations to within the benchmark range.
4. Implement the selected actions within two months of the inspection.
5. Record each instance of a Tier One response in the Stonnwater Pollution Prevention Plan.
Include the date and value of the benchmark exceedence, the inspection date, the personnel
conducting the inspection, the selected actions, and the date the selected actions were
I
mplemented.
Tier Two
If. During the term of this permit, the first valid sampling results are above the benchmark values,
or outside of the benchmark range, for any specific parameter at a specific discharge outfall two
times in a row (consecutive):
Then: The permittee shall:
1. RepeaCall the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring for all parameters at every outfall where a
sampling result exceeded the benchmark value for two consecutive samples. Monthly
(analytical and qualitative) monitoring shall continue until three consecutive sample results
are below the benchmark values, or within the benchmark range, for all parameters at that
outfall.
3. If no discharge occurs during the sampling period, the pennittee is required to submit a
monthly monitoring report indicating "No Flow."
4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan.
Part II Page 7 of 10
Permit No. NCS000037
During the term of this permit, if the valid sampling results required for the permit monitoring
periods exceed the benchmark value, or are outside the benchmark range, for any specific
parameter at any specific outfall on more than four occasions, the pennittee shall notify the DWQ
Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results.
DWQ may, but is not limited to:
• require [hat the permittee increase or decrease the monitoring froquency for the remainder
of the pen -nit;
• require the pennittee to install structural stonmivater controls;
• require the pennittee to implement other stonnwater control measures; or
• require tha[ (.he pennifte iirihleineu[ site modifications [oqualify for the No Exposure _
Exclusion.
This site discharges to impaired waters experiencing problems with turbidity. A Total
Maximum Daily Load (IMDL) was approved for this segment of Long Creek. "Therefore, the
pennittee is required to monitor for the pollutant(s) of concern (TSS) and submit results to the
Division of Water Quality. The Division will consider the monitoring results in determining
whether additional BMPs are needed to control the pollutant(s) of concern to the maximum
extent practicable.
If additional BMPs are needed to achieve the required level of control, the pennittee will be
required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable
for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan.
Part 11 Page 8 of 10
Permit No. NCS000037
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stonnwater outfall regardless of
representative outfall. status and shall be performed as specified in Table 4, during the analytical'
monitoring event. [If analytical monitoring is not required, the penmittee still must conduct semi-
annual qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the
effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of
stormwater pollution.
In the event an atypical condition is n'pted at a stonnwater discharge outfall., the permittee shall
document the suspected cause of the condition and any actions taken in response to the
discovery. This documentation will be maintained with the SPPP.
'fable 4. Qualitative Monitoring Requirements
Discharge Characteristics
Frequency)
Monitoring
Location2.
Color
semi-annual
SDO
Odor
semi-annual
SDO .
Clarity
semi-annual
SDO
Floating Solids
seirii-arrtival
SDO
Suspended Solids
semi-annual
SDO.
Foam
semi-annual
SDO
Oil Sheen .
semi-annual
SDO
Erosion or deposition at the
outfall
semi-annual
SDO
Other obvious indicators
of stormwater pollution
semi-annual
SDO
Footnotes:
I Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting
cycle.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO)
regardless of representative outfall status.
SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55
gallons of new motor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified below in Table 5. This monitoring shall be performed at all
Part II Page 9 of 10
Permit No. NCS000037
stormwater discharge outfalls which discharge stonnwater runoff from vehicle maintenance
areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical
monitoring shall be performed during a representative storm event.
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
Units
Measurement
Fre uenc 1
Sample
Type2
Sample
Location3
pH
standard
semi-annual
Grab
SDO
TPH
[EPA Method 16M (SG'f laEM)]
mg/l
semi-annual
Grab
SDO
Total Suspended Solids
mg/l
semi-annual
Grab
SDO
Total Raiiifall`►
iiiclies
semi aiuival
Rain gauge.
New Motor Oil Usage
gallons/month
semi-annual
Estimate
-
Footnotes:
I Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
perinittee will be considered for a renewal application. The applicant must continue semi-ainival 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 from the pond.
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.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain
gauge reading must be recorded.
Monitoring results shall be compared to the benchmark values in Table 6 The benchmark
values in Table 6 are not permit limits but should be used as guidelines for the permittee's
Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the
pennittee to increase monitoring, increase management actions, increase record keeping, and/or
install stornwater Best Management Practices (BMPs), as provided in Part II Section B.
Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring
Discharge Characteristics
Units
Benchmark
pH
standard
6-9
TPH
[EPA Method 1664 (SGT-HEM)]
mg/L
30
Total Suspended Solids
mg/L
100
Part II Page 10 of 10
Permit No. NCS000037
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 already operating but applying for permit coverage for the first time: The Stormwater
Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the
initial permit and updated thereafter on an amlual basis. Secondary coiitaimnent, as specified in Part II,
Section A, Paragraph 2(b) of this permit, shall he accomplished within 12 months of the effective date of
the initial permit issuance.
New Facilities applying for coverage 161 the fiiA time and existing Iacilities previously permitted and
applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and
implemented priorto the begimiing 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.
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 perinit 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 $25,000 per day for each violation. Any person who negligently violates any
permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or
imprisonment for not more than 1 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
imprisoinnent foi not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum
amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR
122.41(a).]
Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) 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: NC 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 $10,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed
Part III Page 1 of 8
Permit No. NCS000037
$10,000 per day for each day during which the violation continues, with the maximum amount of
any Class II penalty not to exceed $125,000.
3. 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.
4. Civil and Criminal Liability
Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities,
nothing in this individual permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143 215.3,143-215.6A, 143-215.6I3, 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. Prouty Rights
Be 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.
7. Severability
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. Duly to Provide Information
The petinittee 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 teinnivatinig the
pen -nit 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.
Part III Page 2 of 8
Permit No. NCS000037
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or -'required to be maintained under this individual
permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be
punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years
per violation, or by both.
SECTION B: GENERAL CONDITIONS
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 perinit ee sliall subunit forms and fees as are
required blithe agency authorized to issue permits no later than 180 days prior to the expiration dnto Any
permittee that has not requested renewal at least 180 days prior to expiration, of any pennittee that does no[
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 NC;US § 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. The Permittee is
required to notify the Division in writing in the event the permitted facility is sold or closed.
Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed and certified.
a. All applications to be covered under this individual permit shall be signed as follows:
(1) In the case of a corporation: by a principal executive officer of at least the level of vice-
president, or his duly authorized representative, if such representative is responsible for
the overall operation of the facility from which the discharge described in the permit
application form originates;
(2) In the case of a partnership or limited partnership: by a general partner;
(3) In the case of a sole proprietorship: by the proprietor;
(4) In the case of a municipal, state, or other public entity: by a principal executive officer,
ranking elected official, or other duly authorized employee.
b. All reports required by the individual permit and other information requested by the Director shall
be signed by a person described above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
Part III Page 3 of 8
Permit No. NCS000037
responsibility, or an individual or position having overall responsibility for environmental
matters for the company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Director.
C. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supci vision 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 Lbuse persons directly responsible fur 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 finds and lrnpiisoinnerrt for lurowhrb vlolatlonb."
Individual Permit Modification Revocation and Reissuance or Termination
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 2II .0100; and North Carolina
General Statute 143-215.1 et al.
Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned
changes or anticipated noncompliance does not stay any individual permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and rolatod appurtonanooa) which aro installed or used by the. pormittee to achieve compliance Nvith
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 pennittee 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 Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless:
Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
Part III Page 4 of 8
Permit No. NCS000037
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventive maintenance; and
C. The permittee submitted notices as required under, Part III, Section E of this permit.
If the Director determines that it will meet the three conditions listed above; the Director may approve an
anticipated bypass after considering its adverse effects. I
.
SECTION D: MONITORING AND RECORDS
Representative Sampling
Samples collected and ineasuicincias taken, as iequiled heicin, shall be chaiacleiistic of the voluine and
nature of the permitted discharge. Analytical sampling shall be perforred 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.
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. The individual(s) who performed the sampling, measurements, inspection or maintenance activity;
c. The dato(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.
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.
Part III Page 5 of 8
Permit No. NCS000037
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.
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 requirement;- 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
pormittoo shall retain roo.ords of all monitoring information, including all calibration and maintonanao
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 Entry
The permittee shall allow the Director, or an authorized representative (including an authorized contractor
acting as a representative of the Director), or in the case of a facility which discharges through a municipal
separate storm sewer system, an authorized representative of a municipal operator- or the separate storm
sewer system receiving the discharge, upon the presentation of credentials and other documents as may be
required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this individual permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of
this individual permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under this individual permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.
SECTION E: REPORTING REQUIREMENTS
1. Discharge Monitoring Reports
Samples analyzed in accordance with.the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report (DMR) forms provided by the Director. Submittals shall be delivered to the
Division no later than 30 days from the date the facility receives the sampling results from the laboratory.
When no discharge has occurred from the facility during the report period, the permittee is required to
submit a discharge monitoring report within 30 days of the end of the six-month sampling period, giving all
required information and indicating "NO FLOW" as per NCAC T15A 02B .0506.
Part III Page 6 of 8
Permit No. NCS000037
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report (QMR) form provided by the Division, and shall retain the completed forms on site.
Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific
requirement to do so.
2. Submitting Reports
Duplicate signed copies of all reports required herein, shall be submitted to the following address:
Division of Water Quality
Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Availability of Reports
) xeept foi data de:te.nnrninned to be connfidenn[ial uiidei NCGS 143-215.3(a)(2) on Section 308 of [lie 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 thus 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 Change
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).
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.
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
Part III Page 7 of 8
Permit No. NCS000037
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.
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
Permit No. NCS000037
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 roissued under this paragraph shall also contain any other requirements in the
Act then applicable.
PART V ADIM NISTERI NG AIND COMPLIANCE MONI 01U NG 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 211.0105(b)(4) may cause this
Division to initiate action to revoke the Individual Permit.
PART VI DEFINITIONS
1. Act -
See Clean Water Act.
2. Arithmetic Mean
The arithmetic mean of any set of values is the summation of the individual values divided by the number of
individual values.
3. Allowable Noii-Stoiinwatei Discharges
This pen -nit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the
stonnwater 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 1 of 5
Permit No. NCS000037
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 aw 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 tho Clean Water Act (CAVA), m aineadcd, 33
USC 1251, ot. 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 sulr;tauce desiguated uiidei 40 CFR Part 116 pursuant to Section 311 of the Clean Watei Act.
13. Lmidfill
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 Syste
A stormwater collection system within an incorporated area of local self-government such as a city or town.
15. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff.
Industrial materials or activities include, but are not limited to, material handling equipment or activities,
Part VI Page 2 of 5 Pages
Permit No. NCS000037
industrial machinery, raw materials, intermediate products, by-products, final products, or waste products.
DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a
facility complies with the terms and conditions described in 40 CFR § 122.26(g).
16. Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding
topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations.
17. Permitee
The owner or operator issued a permit pursuant to thisindividual permit.
18. Point Source Discharge of Stormwater
Any disoornible. confined and disoroto arnlvoyanoo including, but not specifically limited to; any pipe*., ditch,
chaiwel, tuiuiel, conduit, well, of discrete fissule fioin -which slomwl atci is oI Inay be dischaiged to waters
of the state.
19. 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.
20. Representative Outfall Status
When it is established that the discharge ofstwmwater 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 pern ittee to perform analytical monitoring ata reduced number of outfalis.
21. 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.
22. Secondary Contaimllent
Spill containment for the contents of the single largest tank within the containment structure plus sufficient
freeboard to allow for the 25-year, 24-hour storm event.
23. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting
requirements; and
C. That meets at least one of the following criteria:
Part VI Page 3 of 5 Pages
Permit No. NCS000037
(1) Is listed in Appendix D of 40 CFR part 122 on Table II (organic priority pollutants),
Table III (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants and
hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
24 Severe Propedy 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
25. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; fmished 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 111 of SARA; fertilizers; pesticides; and waste products such as ashes,
slag and sludge that have the potential to be released with stormwater discharges.
26. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water Act (Ref. 40 CFR 110.10 and CFR 117.21) or section 102 of
CERCLA (Ref 40 CFR 302.4).
27. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a
result of snowmelt.
28. Stormwater Associated with Industrial Activity
The discharge fioin any point source which is used for collecting and conveying stormwater and which is
directly related to manufhcturing, 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.
29. 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.
30. Ten Year Design Storm
The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten
years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control
Planning and Design Manual.
Part VI Page 4 of 5 Pages
Permit No. NCS000037
31. 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.
32. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still moot
water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed
water quality asseEstuent that provides Le'e;cieutific foundation �w an impleineutadoii p1,1ii. 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 TMD1 programs
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
34. 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.
35. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations.
36. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
giavity, of ice; h oin its site of origin which can be seen with the unaided eye.
37. 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