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HomeMy WebLinkAboutNCS000208_HISTORICAL WITH APPLICATION_20120713STORMUVATER-DIVISION-CODING-SHEET �— PERMIT NO. f`J G �-.. OU 0 '� 0� DOC TYPE ❑FINAL PERMIT ❑ MONITORING INFO 9 APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ oLD 1 �67 I � YYYYMMDD --""lam G'Y ^7y - r 'd'Cs"c.'?t}h�i �' � fX`r.�' i'.k`r�r tiv,v.sc :�1•..; Fir � .� S�"�RMWATE��fPC�LLU; �ON,PVEN'14N�;?L,aN r ,VEVELOPIVIENT I D; IMP ENTATt1 N� j r � . a, T ti. '.y JY �ti .r: _.+ i,71K•.._; - t r �, tit- ?3% �.,- '�f-•i, �jt ��.� � " '� ,N}.," �<��h._ `t K ` .✓v: CERT'IFICATICSN� �� �..,�� x""-"5..�..-.A�.?}fi�:�i:2(w:e;•fi2 h'SY??n.�, ski Ste_ n. �1 L ti rz. -i !North Carolina Division of Water Quality - Stormwater Permitting Unit Facility Name: Military Ocean Terminal / Sunny Point Permit Number: NCS000208 Location Address: 6280 Sonny Point Rd Southport, NC 28461 co unty: Brunsw;ck "l certify, tinder penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based an my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the hest of my knowledge and belief, true, accurate and complete." And "1 certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at this facility location in accordance with the terms and conditions of the stormwater discharge permit." And "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations." _ :Sign,{according to permit signatory_ requir#mentsf and-tbturn=this Ceitiflcation'. DO NOT SEND `5TORMWATER POLLUTEON"PREVENTION PLAN-_WiTH.THIS.CERTiFICATION , Signature _ `C') _ bate �I'- y 26,rZ-- Print or type name of person signing above Title SPPP Certification 5/09 Permit Coverage oS w"�Ea Renewal Application Form National Pollutant Discharge Elimination System Permit Number NCS000208 The following is the information currently in our database for your Facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation information Owner / Organization Name, Owner Contact: Mailing Address: Phone Number: Fax Number: E-mail address: * Reissued Permit will be mailed to the owner address US Army / Military Ocean Terminal - Sunny Po/,I, f Mr. Matthew CSwanson -os 6ed E • (?"1_1S 7'Q 6280 Sunny Point Rd Southport, NC 284615000 (910)457-8425 Facility/Permit Contact information Facility Name: Military ocean'rerminal / Sunny Point Facility Physical Address: 6280 Sunny Point Rd Southport, NC 28461 Facility Contact: Mailing Address: Phone Number: Fax Number: E-mail address: Discharge Information Receiving Stream Stream Class: Basin: Sub -Basin: Number of Outfalls: CAPE FEAR RIVER Sc Cape Fear River Basin 03-06-17 41AAQR G nore(5 5�1A��1 i12 7` rI � -1 P&C_I LrN A .G • RO�r�r.c. C il/lr� /n�91 . /!► �� Im paired-Walters/T MD1. Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? © Yes No ❑ Don't Know ( for information on these waters refer to http://h2o.enr,state.nc.uslsullmpaired Waters_TMDLI ) CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such inform atio s true, o=lete and accurate. Signature Date �i�.T Z$12 .� aSEPN E - C44I57-0 ¢ cokope/' or-)'nZr AN Print or type name of person signing above Title Stormwater Permitting Unit Please return this completed renewal application form to: Attn: Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 I� JUL 1 8 2012 AVA NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Tracy E. Davis, PE, CPM Director Facility Name: NPDES Permit Number: Facility Location: Type of Activity: SIC Code: Receiving Streams: River Basin: Stream Classification: Proposed Permit Requirements: Monitoring Data: Facility Location: Response Requested by (Date): Central Office Staff Contact: Pat McCrory, Governor John E, Skvada, III, Secretary STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Central Office Review Summary: Military Ocean Terminal - Sunny Point NCS000208 6280 Sunny Point Road, Southport, NC (Brunswick County) Packing and shipping of munitions for overseas transport Not Applicable Cape Fear River & Nigis Creek Cape Fear River Basin, Sub -basin 03-06-17 SC; Sw, HQW See attached draft permit. See Table 1 See Figure I January I8, 2008 Mike Randall, (919) 807-6374 1. Special Issues: Import/export/storageof ammunitions for DOD via truck, rail, and ship. Onsite rail, vehicle, and heavy equipment fueling, maintenance and repair. Have been making modifications to reduce potential for exposure to stormwater. Many various potential sources for exposure. 2. Changes at the facility since previous permit: Oil and Grease to Non -Polar Oil & Grease by EPA Method1664 (SGT-HEM) 3. Receiving Waters: Cape Fear River & Nigis Creek Impaired 4. Threatened and Endangered Species: Federal endangered: Shortnose Sturgeon; Federal threatened: American Alligator and Green Turtle S. Analytical and/or qualitative monitoring during this past permit cycle: The facility has at times exceeded benchmark limits for TSS and COD Pagel of 2 NCSQOOXXX 6. Rationale for -monitoring par m : See attached staff report from previous proposed permit. 7. Permit, Facility. and Owner Contacts updates: B. Confirmed contact information with permittee and updated BIMS if necessary. 9. Obtained e-mail addresses for each contact and updated BIMS. 10. Annual Fees: Confirmed in BIMS that permittee does not owe fees. Recommendations: Based on the documents reviewed, the application information submitted on July 18, 2012 is sufficient to issue an Individual NPDES Stormwater Permit. Central Office recommends reissuance of this permit with the same monitoring as the previous cycle The proposed draft permit reflects the most recent individual stormwater permit template and boiler plate language, incorporating revisions that are similar to the industrial general permits issued during 201.2-13. Prepared by (Signature) Date¢ Stormwater Permitting Supervisor Date 7Ol�f for Bradley Bennett Concurrence by Regional 0 RO DEMLR Supervisor Date Date Regional Office Staff Comments (attach additional pages as necessary) Page 2 of 2 2014 Individual Permit Renewals yearfrthis time Effective Date 03-01-I009, Expires 02-28-2013, renewal effective Date xx-xx-14, Renewal Expiration Date xx-xx-2018 ReFnembw you FRay need to explaIR why l Template l..4eFS fGF ....d7..i.dUal . .._als „ h eFe. O.,_chaF d dFi.e. . -J•J l�l•d.l.l�f.liw• 1a�1•ff � for the p 5 Skher�lde-701A-1.5 xlsx' it talkVoua11 the dates you need to know A- template for notiis in the JaMplatesfolder _ r i s a PDF and ublic n n ua a to Bethany as text in the e in the papv. e tot time. The w' he 30-day peHed the dFa sing to issue their n m� 0 When the Affadavit comes back from Wren that the notice ran in the paper, you may finalize and issue the permit according to the Issuance schedule (no earlier than 45 days after It went to notice). Ken, Mike, or Bethany can also sign for Bradley. • Remember you may need to explain why we're proposing to issue their new permit for less than 5 years. • Be sure to check the final permit dates: Effective date is the first of the month following issuance date, and expiration is according to Julie's spreadsheet. 2014 individual Permit Renewals ❑ Check the 'Individual Permit —Renewal File Checkiist.docx' in the IP folder to finalize our permit fife before returning. You're donel DEPARTMENT OF THE ARMY MILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND 596°i TRANSPORTATION BRIGADE MILITARY OCEAN TERMINAL, SUNNY POINT 6280 SUNNY POINT ROAD SE SOUTHPORT, NORTH CAROLINA 28461-7800 REPLY TO ATTENTION OF: Public Works Division Stormwater Permitting Unit ATTN: Brian Lowther 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Renewal Application Form Dear Mr. Lowther, 6 June 2012 Enclosed is the Renewal Application Form for the Military Ocean Terminal Sunny Point for permit #NCS000208. If you have any questions or require any additional information, please contact me at 910-457-8425. Sincerely, Linda G. Rogers Environmental Manager ' 10 JL "UL E 2012 flENR . WA bsa�?* & Q11ALJ)y DEPARTMENT OF THE ARMY MILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND 596u'TRANSPORTATION BRIGADE MILITARY OCEAN TERMINAL, SUNNY POINT 6280 SUNNY POINT ROAD SE SOUTHPORT, NORTH CAROLINA 28461-7800 REPLY TO ATTENTION OF: Public Works Division Stormwater Permitting Unit ATTN: Brian Lowther 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Renewal Application Form Dear Mr. Lowther, 6 June 2012 Enclosed is the Renewal Application Form for the Military Ocean Terminal Sunny Point for permit #NCS000208. if you have any questions or require any additional information, please contact me at 910-457-8425. Sincerely, 11 Linda G. Rogers Environmental Manager Wig 10 12 DEN1� . WA r e.naQ LQUALITY j Permit Coverage WArFq °F Renewal Application Form National Pollutant Discharge Elimination System WA 6-4 at171► q Permit Number NCS000208 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation Information * Reissued Permit will be mailed to the owner address Owner / Organization Name: US Army / Military Ocean Terminal - Sunny Po//? >` Owner Contact: Mr. Matthew CSwanson ('vlonel -0 6P,y 6. (2,111-1 S 7C) Mailing Address: 6280 Sunny Point Rd Southport, NC 284615000 Phone Number: (910)457-8425 Fax Number: E-mail address: Facility/Permit Contact Information Facility Name: Military Ocean Terminal / Sunny Point Facility Physical Address: 6280 Sunny Point Rd Southport, NC 28461 Facility Contact: i1�s . 41,hQ9 G i�0ef S Mailing Address: 5 -r- i t lCogol S'ou-d n. o r'r . NG a? K l Phone Number: 5-7 8 Fax Number: E-mail address: .G - Rogers, c ry(3�) mgrl- . m IL - Receiving Stream CAPE FEAR RIVER Stream Class: SC Basin: Cape Fear River Basin Sub -Basin: 03-06-17 Number of Outfalls: Impaired Waters/TMDL D6es this facility discharge to waters listed as impaired or waters with a finalized TMDL? U Yes V No 0 Don't Know ( for information on these waters refer to http://h2o.enr.state.nc.us/su/Impaire(tWaters TMDL/ ) CERTIFICATION I certify that I am familiar.with the information contained in the application and that to the best of my knowledge and belief such informatio s true, ouwlete and accurate. Signature Date j3 J�iY 'ZdcZr �;_CSEPH E - C44-15TO Co,Cnnpj Print or type name of person signing above Title Stormwater Permitting Unit Please return this completed renewal application form to: Attn: Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 g, JUL 201? DENR - WATEN 'eQUALITY ua„rn a �__ STORMWATER POLLUTION PREVENTION PLAN --- - I DEVELOPMENT AND IMPLEMENTATION CERTIFICATION North Carolina Division of Water Quality - Stormwater Permitting Unit Facility Name: Military Ocean Terminal / Sunny Point Permit Number: NCS000208 Location Address: 6280 Sunny Point Rd Southport, NC 28461 County: 3rurs ;ck I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate and complete." And I certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at this facility location in accordance with the terms and conditions of the stormwater discharge permit." And I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations." Sign (according to permit signatoryrequirements] and return thfs Certification DO NOT SEND. STORMWATER POLLUTION PREVENTION PLAN! WITH THIS'CERTIkATIQN Signature Date 3 �J4✓y 2atZ_ PF .%oSEPN E• C'ALISTO f C'U�C. (7 Print or type name of person signing above Title SPPP Certification 5/09 � W NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, PE Governor Director July 6, 2012 Mr. Matthew C Swanson US Army / Military ocean Terminal - Sunny Point 6280 Sunny Point Rd Southport, NC.284615000 Subject: NPDES Stormwater Permit Coverage Renewal Military Ocean Terminal / Sunny Point Permit Number NCS000208 Brunswick County Dear Permittee: Dee Freeman Secretary Your facility is currently covered for stormwater discharge under NPDES Permit NCS000208. This permit expires on 2/28/2013. To assure consideration for Continued coverage under your individual permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. Enclosed you will find an individual permit Renewal Application Form, Supplemental Information request, and Stormwater Pollution Prevention Plan Certification for your facility. Filing the application form along with the requested. supplemental information will constitute your application for renewal of this permit. Until your permit renewal is completed and you receive a new permit, please continue to.comply with all conditions and monitoring requirements in your expired NPDES stormwater permit The application and supplement must be completed and returned to DWQ by September 1. 2012, Failure to request renewal within this time period will result in delay of your permit renewal and may result in a civil assessment. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding permit renewal procedures please contact Brian Lowther of the Stormwater Permitting Unit at (919)-807-6368 or brian.lowther@ncdenr.gov. Cc: Central Files SPU Files Wilmington Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury SL Raleigh, North Carolina 27604 Phone: 919$07-63001 FAX: 91"07-6492 Intemet. www.ncwalerquality.org Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit flECEJVED j� PL 10 zoo One NCarolina A tumllU An Equal Opportunity 1 Affirmative Action Employer IR Permit Coverage of w"rFa Renewal Application Form O K National Pollutant Discharge Elimination System Permit Number NCS000208 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation information Owner / Organization Name: Owner Contact: Mailing Address: Phone Number: Fax Number: E-mail address: * Reissued Permit will be mailed to the owner address US Army / Military Ocean Terminal - Sunny Mr. Matthew CSwanson 6280 Sunny Point Rd Southport, NC 284615000 (910)457-8425 Facility/Permit Cgnract Information Facility Name: Military Ocean Terminal / Sunny Point Facility Physical Address 6280 Sunny Point Rd Southport, NC 28461 Facility Contact: Mailing Address: Phone Number: Fax Number: E-mail address: Discharge. Informafion Receiving Stream Stream Class: Basin: Sub -Basin: Number of Outfalls: CAPE FEAR RIVER SC Cape Fear River Basin 03-06-17 Impaired Waters/TMDL Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? l] Yes 0 No D Don't Know (for information on these waters refer to http://h2o.enr.state.nc.us/su/Impaired Waters TMDL/ ) CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature Print or type name of person signing above Date Title Stormwater Permitting Unit Please return this completed renewal application form to: Attn: Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 - - STORMWA-'ER POLLUTION PREVENTION -PLAN -. DEVELOPMENT AND IMPLEMENTATION CERTIFICATION North Carolina Division of Water Quality - Stormwater Permitting Unit Facility Name: Military Ocean Terminal / Sunny Point Permit Number: NCS000208 Location Address: 6280 Sunny Point Rd Southport, NC 28461 County: Bruas..ick "l certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate and complete." And "I certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at this facility location in accordance with the terms and conditions of the stormwater discharge permit." And I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations." n Si according t W - g , .( o permit signatory`reQuirements) and return this Certiflcatton ©O NOT SEND STORMWATER POLLUTION PREVENTION PLAN MITH THIS' CERTIFICATION. Signature Date Print or type name of person signing above Title SPPP Certification 5/09 AS NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director March 17, 2011 MATTHEW C SWANSON, DIRECTOR OF PUBLIC WORDS MILITARY OCEAN TERMINAL SUNNY POINT PUBLIC WORKS DIti7ISION SDAT-PWE, 6280 SUNNY POINT ROAD SOUTHPORT NC 28461-7800 Dear Mr. Swanson: Dee Freeman Secretary Subject: Receipt of permit renewal application NPDES Permit NCO029122 Military Ocean Terminal/Sunny Point Brunswick County The NPDES Unit received your permit renewal application on March 17, 2011. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Charles Weaver at (919) 807-6391. Sincerely, Dina Sprinkle Point Source Branch cc: CENTRAL. FILES Wilmington Regional Office/Surface Water Protection NPDES Unit RECEIVED MAR 2 1 2011 BY: 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Location: 512 N. Salisbury St, Ralegh, North Carolina 27604 One Phone: 919.807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 North Caro I i na Internet: wtiwr.ncwaterquality.org ']Cl'���i 1���l//� An Equal Opportunity `, Affirmative N �/ ve Aclion Employer NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit 00000029122 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name MILITARY OCEAN TERMINAL SUNNY POINT Facility Name PUBLIC WORKS DIVISION Mailing Address SDAT-PWE, 6280 SUNNY POINT ROAD City SOUTHPORT State / Zip Code NC 28461-7800 Telephone Number (910)457-8425 Fax Number (910)457-8369 e-mail Address Linda.G.Rogers@us.army.mil 2. Location of facility producing discharge: Check here if same address as above Street Address or State Road City State / Zip Code County BRUNSWICK 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name SDAT-PWE Mailing Address 6280 SUNNY POINT ROAD City SOUTHPORT State / Zip Code NC 28461-7800 Telephone Number (910)457-8425 Fax Number (910)457-8369 MAR 17 2011 @D I of 3 • �•• VV4RVG o 05108 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ® Number of Employees 225 Commercial ❑ Number of Employees Residential ❑ Number of Homes School ❑ Number of Students/Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Restrooms at Operational Areas (Wharves and working hardstand) Population served: 225 S. Type of collection system ® Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 3 Outfall Identification number(s) _ 001, 002., 003 Is the outfall equipped with a diffuser? ❑ Yes ® No 7. Name of receiving streams) (Provide a map showing the exact location of each outfallj: CAPE FEAR RIVER S. Frequency of Discharge: ❑ Continuous ® Intermittent If intermittent: Days per week discharge occurs: For Outfall 001 a total of 86 days of dischargingdischaEging occurred during last three (3) years. No discharge occurred for Outfalls_002 and 003_ Duration: 9. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. Each lagoon system is identical is design. Each wharf has three restroom facilities. The piping flows to a lift station that moves sewage to lagoon. Lagoon is one acre in size. The maximum depth of lagoons is S feet. Outflow is through two contact vaults, first is chlorination second is dechlorination. Outfall pipe is to dry ditch adjacient to vaults. Lagoons 001 and 003 have one addition restroom facility (operational hardstand) piped to lagoon. No vessel (non-MOTSU) discharge is allowed. MOTSU's fireboat can discharge raw untreated sewage if required to north lagoon. Lagoons are aerobic in nature. 2 of 3 Form-D 05108 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow 0.01 MGD Annual Average daily flow 0.0007 M_GD for Outfall 001; Outf_all 002_ and 003 did not have discharge during last three years MGD (for the previous 3 years) Maximum daily flow 0.01 MGD_ for Outfa_ll _001 _during discharge days MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes ® No 12. Effluent Data Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used, if more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BODS) 28 mg/l 16.5 mg/1 Mg/l Fecal Coliform 10 7.5 #/ 100 ML Total Suspended Solids 36 23.5 Mg/1 Temperature (Summer) Temperature (Winter) 22.4 12.6 Celsius pH 8.97 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) 14. APPLICANT CERTIFICATION NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other Permit Number I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. �J►R") CsWa�lSar1 �iY , �G1 G dY Gf ^� Printed name of Person Signing Title 3jj51Zpt Signature North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25.000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 3 Form-D 05108 N w S OUTFALL 001 SOUTH WHARF 5S P-0 fw- 596th Transportation Brigade LATITUDE: 33*59'38" : P-,. LONGITUDE: 77067128" SS P-P _P —�N — 611MCE _ ABANDONED Directorate of Public Works A_ �— 5W.P. N- • SS Nw NE� V*KW Military Ocean Terminal SS M. T M0M ftk.V. Elw""q Sunny Point 0 55 sly p�rwrvww. Rawl SE r&.,o PAVED UNPAVF SS L.9— SS D— Fbd Daft CweaW 25-February-2011 M NCS000208 Offilv"63-MM , V60M01111 w 1 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 Generla Statute']43-215.1, other lawful standards and regulations promulgated and adopted by the -North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Military Ocean,Terminal Sunny Point is hereby authorized to dischargeermwaterfrom a facility located at Milerypeean Terminal Sunny Point y 80 Sunnad�. Southport, NC Brunswick County to receiving waters designated as Nigis Creek and the Cape Fear River, class SC SW HQW and SC streams 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. Note: Draft Permit Dates are Approximate This permit shall become effective February 1, 2007. This permit and the authorization to discharge shall expire at midnight on January 31, 2012. Signed this day January 15, 2007. for Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000208' PART I Section A: Section B: Section C: PART II Section A: Section B: Section C: Section D: PART III Section A Section B: TABLE OF CONTENTS INTRODUCTION Individual Permit Coverage Permitted Activities Location Map MONITORING, CONTROLS, AND LI DISCHARGES t Stormwatc FOR PERMITTED fl �' Analytical Monitoring Requirements Qualitative Monitoring Requirements - On -Site Vehicle Maintenance Monitoring Requirements STANDARD CONDITIONS FOR NPDES ST_ ORM_ WATER INDNIDUAL PERMITS 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 b. Property Rights 7. Severability S. Duty to Provide Information 4. Penalties for Tampering 10. Penalties for Falsification of Reports General Conditions 1. Individual Permit Expiration 2. Transfers i Permit No. NCS000208 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 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative O tfall 6. Records Retention- 7. Insvection_atid Entry Section E: Reporting Requirements 1. Disc harge•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. NCS000208 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 its authorized to discharge stormwater to the surface waters of North Carolina orfseparate storm sewer system which has f/'-= Al been adequately treated and managed in accordance With the terrns: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•th -state' is prohibited unless it is an allowable non-stormwater discharge or is covered by.anotlier 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,.rdle, standard, ordinance, order, judgment, or decree. V Part I Page I of 2 Permit No. NCS000208 SECTION C: LOCATION MAP Latitude:34°00'42" ��i'S��O2�8 FdCl�ltj/ Longitude: 77'58'15" _ = County: Brunswick - Military Ocean LOCdtion Stream Class: SC,Sw,HQW & SC Terminal Sunny Point Receiving Stream: Nigis Creek and the Cape Fear River North Not to scale �D Sub -basin: 03-06-17(Cape Fear River Basin) 1 Y I � Permit No. NCS000208 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 coritribute 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, opif the discharge is to a municipal separate storm sewer system, the namofthe municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. b. A narrative description of storag se practices, loading and unloading activities, outdoor process areadust,or particulate generating or control processes, and waste disposal practicesiE/ C. A site map drawn'to,scale with the following items: (1) Di`sta.nce 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 11 Page 1 of 7 Permit No. NCS000208 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 sche e to pro"L secondary containment for bulk storage of liquid materials, storage of. Section 3I3 of Title III of the Superfund Amendments and Reauthorization kt (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. -1' the`secondary containment devices are connected directly to stormwa'ter/conveyance systems, the connection shall be controlled by manually activated teal es or other similar devices [which shall be secured with a locking' mechanism]. and any stormwater that accumulates in the containment area shali:be`ata minimum visually observed for color, foam, outfall r 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•iridividual 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. 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. 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 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 11 Page 2 of 7 Permit No. NCS000208 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 he 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. b. Responsible Party. The Stormwater Pollutiorf"Nd-vention 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. s � 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 pollutarits..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 require ments`of.th:le rmit. 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 11I, Standard Conditions, Section B, -Paragraph 3) to the Director that the changes have been made. 8. FaciIity 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. NCS000208 be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Part 11 Page 4 of 7 Permit No. NCS000208 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 nine analytical samplings in accordance with the schedule specified below in Table 2. Z Monitoring results shall be compared to the benchmark values.idTable 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 effortsp address stormwater contamination. Table 1. Analytical Monitoring Requirements - Discharge _ Characteristics Units Measurement Frequencyz - Sample T e2. Sample Location- Cadmium �, m �-� `'Semi-annually Grab SDO' COD (Chemical Oxygen Demand) �. }� �1� Semi-annually Grab SDO Lead, total recoverable m Semi-annually Grab SDO MBAS _-i`ri Semi-annually Grab SDO Oil and Grease mgfL Semi-annually Grab. SDO H Su Semi-annually Grab SDO TSS Total Suspended Solids m Semi-annually Grab SDO Total Rainfall inches Semi -Annually _ Rainfall Event Duration minutes Semi -Annually Footnotes: I Measurement Frequency: All analytical monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). See Table 2 for schedule of monitoring periods. 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. Part II Page 5 of 7 Permit No. NCS000208 Table 2. Monitoring Schedule Monitoring period' Sample Number Start 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, 2008/1;1 June 30, 2008 Year 2 -- Fall 4 September 1, 2008 November 30, 2008 Year 3 — Spring 5 April 1,4009 `�- ; June 30, 2009 Year 3 — Fall 6 September, 1, 2069 November 30, 2009 Year 4 — Spring 7 AprilA, 201,0 June 30, 2010 Year 4 — Fall 8 September,l; 2010 November 30, 2010 Year 5 -- Spring 9 rf,� ,,A' "'!-1" 2011 June 30, 2011 Year 5 — Fall 10 f September 1, 2011 November 30, 2011 Footnotes:�� 1 �... Maintain semi-annuat monitoring during permit renewai process. Table 3. Benchmark Values for..'Analytical Monitoring 'Discharge Characteristics Units Benchmark Cadmium mg/L: 0.014 COD (Chemical Oxygen Demand) mg/L 120 Lead, total recoverable mg/L 0.0338 MBAS mg/L 0.5 Oil and Grease mg/L, 30 PH su 6-9 TSS (Total Suspended Solids) mg/L, 20 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. Part 11 Page 6 of 7 Permit No. NCS000208 In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of 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 Discharge Characteristics Frequency Monitoring Location; Color Semi-annuallySDO/ Odor Semi-annually /SDO-, \ Clarity Semi-annually�SDO t� Floating Solids Semi-annually, -,SDO Suspended Solids Semi-annual/ ,/' SDO'� Foam Semi-annual y ,SDO Oil Sheen Semi-ard uall /'SDO Other obvious indicators of stormwater pollution ' Semi-annually SDO Footnotes: I Monitoring Location: Qualitative -monitoring shall be performed at each stor nwater discharge outfall (SDO) regardless of representative ouifalistatus 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 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 nine 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 petrnittee shall review and/or update the SPPP and document any efforts to address stormwater contamination. Part II Page 7 of 7 Permit No. NCS000208 Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Frequency] Sample Type2 Sample Location3 H standard Semi-annually Grab SDO Oil and Grease m Semi-annually Grab SDO Total suspended Solids mg/L Semi-annually Grab SDO New Motor Oil Usagegallons/month Semi-annually Estimate - Total Rainfall inches Semi-annually Rainfall Event Duration minutes Semi-annually ,r Footnotes: l7 I Measurement Frequency: All analytical monitoring will be performed twice per,year, once in the spring (April - June) and once in the fall (September - November). See Table 2'{Seecction 13) for schedule of monitoring periods. 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 dis arge. 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 he ollected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) whe e,vehicle maintenance activities occur. Table 6. Benchmark Values for: Vehicle Maintenance Analytical Monitoring Discharge'Characteristb s Units Benchmark - pH % 1� �i standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 20 Part I I Page 8 of 7 Permit No, NCS000208 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 11, 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 PreventiorPlari shall!be developed and implemented prior to the beginning of discharges from the operation of the iridustrial�activity an&be updated thereafter on an annual basis. Secondary containment, as specified in Part=lL'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. Du to Com l / The permittee must comply with all conditioris'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 r`ssuance; 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, eve if the permit has not yet been modified to incorporate the requirement. tt f b. The Clean Water Actpi•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 $1 1,000 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 1 violations are not to exceed $1 1,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class lI violations are not to exceed $1 1,000 per day for each day during which the violation continues, with the maximum amount of any Class lI penalty not to exceed $137,500. Part111 Page 1 of 8 Permit No. NCS000208 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 Liabili Except as provided in Part 1II, Section C of this pen -nit 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 r 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 Feder I ctt,, 33 USC 1321. 6. Property Rights The issuance -of this individual permit does 6t convey any property rights in either real or personal property, or any exclusive privileges, nor does it-autho ize any injury to private property or any invasion of personal rights, nor any infringement of Federal' State or local laws or regulations. 7. Severability \� \j ✓ r The provisions of this individual permit- J '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 circumsfances, and the remainder of this individual permit, shall not be affected thereby. 1 —� 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 Tam grin 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. i0. 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. NCS000208 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 permifed facility is sold or closed. 3. 5ignatoryReguirements Tl All applications, reports, or info rmation 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 t980 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 Part III Page 3 of 8 Permit No. NCS000208 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. 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. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for:knoWiing violations." 4. Individual Permit Modification, Revocation and Reissuance, or ermination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual.permit, &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 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. 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 ill Page 4 of 8 Permit No. NCS000208 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 111, 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. 4 Representative Sampling f Samples collected and measurements taken, as required herein, shall'be characteristic of the volume and nature of the permitted discharge. Analytical sampling dial] 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. Recording Results For each measurement, sample, inspection oi• maintenance activity performed or collected pursuant to the requirements of this individualpermit,.the permittee shall record the following information: a. The date, exact place, and tirrie of sampling, measurements, inspection or maintenance activity; f /? b. The individual(s):who performed the sampling, measurements, inspection or maintenance activity; f 1 C. The date(s) analyses-were°performed; d. The individual(s) who performed the analyses; 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. 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. NCS000208 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including 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. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a -facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation o ' credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises here,a regulated facility or activity is located or conducted, or where records must be kept under r the conditions of this individual permit; b. Have access to and copy, reasonable times, any records that must be kept under the conditions of /11 this individual permit; � r 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 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. 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. NCS000208 Availabili , 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 143-215.6E 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. 5. Planned Changes The permittee shal l give notice to the Director as soon as possible of any -planned changes at the permitted facility which could significantly alter the nature or quintity�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 Noncoml2liance�f \� .r The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliancel,with�the-individuai permit requirements. 7. Bypass~' a. Anticipated bypass.'If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality.an'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 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. 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, NCS000208 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 NCS000208 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 paragrapiNhall also contain,any other requirements in the Act then applicable. f' J PART V ADMINISTERING AND C( REQUIREME The permittee must pay the administering and compliance the Division. Failure to pay the fee in manner in a( Division to initiate action to revoke the. lndividual Permit. > 'f PARTWI 1 � Lfi 1. Act See Clean Water Act. 2. Arithmetic Mean 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. Nan-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. 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. NCS000208 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"theClean Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DW� 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. i 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. 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. NCS000208 17 18. 19 20 21, 22 Permittee The owner or operator issued a permit pursuant to this individual permit. 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. 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. 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 analyticali oniforing.a a reduced number of outfalls. Rinse Water Dischar ge ''` f J�.. The discharge of rinse water fro' m.equipMent cleaning areas associated with industrial activity. Rinse waters from vehicle and equipn;ent cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent lo�cieaning agent. Secondary Containment Spill containment for the�contentss f he single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. Section 313 Water Prioritv 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 That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table 1I (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 31 1(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. NCS000208 23. 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. 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'm excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR)1\ CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). �� 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 Indus triaal Acttiivtty The discharge from any poirit�urce 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 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 r Permit No. NCS000208 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 duality standards in all seasons. The Clean Water Act, section 303, establishes the water quality standards and TMDL programs. 32. - Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 33. Upset 1Y�i Means an exceptional incident in which there is unintentional and temporary, noncompliance with technology based permit effluent limitations because of factors beyondhhe 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 treatmentorcontrol facilities, lack of preventive maintenance, or careless or improper operation. �� } 34. Vehicle Maintenance Activiry Vehicle rehabilitation, mechanical repairs,,painting;.f i6iing, lubrication, vehicle cleaning operations, or airport deicing operations. 35. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin,which can be seen with the unaided eye. 36. 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 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director May 3, 2004 MILITARY OCEAN TERM SUNNY PT ATTN: DAVID MIKELL VON KOLNI'IZ, OR SUCCESSOR MOTSU-PW SOUTHPORT, NC 28461 Dear Permittee: 1 � � NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal Military Ocean Term Sunny Pt Permit Number NCS000208 Brunswick County Your facility is currently covered for stormwater discharge under NPDES Permit NCS000208. This permit expires on December 31, 2004. North Carolina Administrative Code (15A NCAC 211.0105(e)) requires that an application for permit renewal be tiled at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplemental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by July 9, 2004 in order for the permit to be renewed by December 31, 2004. Failure to request renewal by July 9, 2004 may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater and General Permits Unit at (919) 733-5083, ext. 548. Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Wilmington Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10afo post -consumer paper Mr. David Mikell Von Kolnitz Military Ocean Terminal Sunny Point 6280 Sunny Point Road Southport, North Carolina 28461 Dear Mr. Von Kolnitz: Michael F. Easley, Governor State of North Carolina William G. Ross, Jr., Secretary Department of Environment and Natural Resources Coleen H Sullins, Director January 3, 2008 Al 1?Q08 Subject: Draft NPDES Stormwater Permit Permit No. NCS000208 Military Ocean Terminal Sunny Point Brunswick County Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: 1. Cadmium, COD, BODs, Lead, MBAS, and Oil & Grease monitoring has been added back to Part II, Sec. B. 2. pH has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part H Section B. The permittee must also document the total precipitation for each event. '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. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term. of this permit, the 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 facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. This requirement appears in all Individual Stormwater permits, However it only applies to facilities that do vehicle maintenance. If the facility begins North Carolina Division of Water Quality (919) 733-7015 1617 Mail.Service Center FAX (919) 733-0719 Raleigh, North Carolina 27699-1617 On the Intemet at http://h2o.enr.state.nc.us/ Mr. David Mikell Von Kohzitz MOTSU Permit No. NCS000208 Page 2 vehicle maintenance during the permitted timeframe then the requirements shall appl Other permit changes: 1. AdditionaI guidance is provided about the Site PIan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. Andjh4 site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part 11 Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Please note that your facility drains to an area where there are threatened and endangered species. The Shortnose Sturgeon (Acipenser brevirostrum) is an endangered species that has been identified near your facility. The American Alligator (Alligator mississippiensis) and the Green Turtle (Chelonia mydas) are threatened species that have been identified near your facility. Failure to abide by your stormwater permit may constitute violation of the Threatened and Endangered Species Act. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 733-5083 x 360 or robert-patterson@ncmait.net. - Sincerely, Robert D. Patterson, P.E. Environmental Engineer Stormwater Permitting Unit cc: Wilmington Regional Office, Water Quality Section (w/attachment) Stormwater Permitting Unit Attachments 2 NCS000208 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/]43-215.1, other lawful standards and regulations promulgated and adopted by,thi .North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, /` �� F f' Military Ocean,Terminal Sunny Point r is hereby authorized to discharge stormwater from a facility located at Militar�y.,Ocean Terminal Sunny Point f `, 6280 Sunny Point Road f� Southport, NC Brunswick County to receiving waters designated as the Cape Fear River & Nigis Creek, a class SC; Sw, HQW stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective April 1, 2008. This permit and the authorization to discharge shall expire at midnight on March 31, 2013, Signed this 10`" day of March. 2008. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000208 a a TABLE OF CONTENTS PART I INTRODUCTION Section A- Individual Permit Coverage Section 13: Permitted Activities Section C: Location Map PART 11 MONITORING. CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section 13: 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 13: General Conditions 1. Individual Permit Expiration 2. Transfers I Permit No. NCS000208 Section C Section D: Section E PART V PART VI 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions 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 Monitoring and Records 1. Representative Sampling - 2. Recording Results 3. Flow Measurements , 4. Test Procedures r� 5. Representative OutfalI ±.. : 6. Records Retention 7. Inspectio _and Entry Reporting .Requtremerits r ' �f 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 LIMITATIONS REOPENER ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS DEFINITIONS 11 Permit No. NCS000208 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §I22.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must submit a No Exposure Certification"NOI form to the•Division-, must receive approval by the Division., must maintain no exposure -conditions unless authorized to discharge under a valid NPDES stormwater permit: and must reapply for the -No Exposure Exclusion once every five (5) years. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modif ed-or revoked,'the permittee is authorized to discharge stormwater to the surface waters of North.Carolina or separate storm sewer system that has been adequately treated and managed, irf accordance with the terms and conditions of this individual permit. All stormwater discharges shall be'in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this 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 1 Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000208 i-`pit'= � X •. it ' P r o-"�S SL V .fi - Y iV- 3r e K �fr r I �.-,,t.y N' •-vy` � ' � r� Y 4 l�� -fr - ..+.- YAZ' C•s, tfr I i.- "ail-- .�. � -� may• *<.. �d ty Ij _ i. y- Mlt �_'[1.� {•�i J^�'�''t .jf.'V".f. t t �T f l ' T �' i F' •' - -ri , �r 'Y r e } f ale, v3 �i � �.� L,�+�� err •%1°s-er���ts� IrF.}r, } -,1 cl J'T' •C, 7�!},,}"' �'!y..�t? - err NCS000208 N W_*I =. 5 4�S,J: J 1 y � rNit- sr J Via' of :M r rY�+�:r cAM a aF �y Ci .> kS T rat '-;i• [ "� ** �5 Ii I LIV �'£>+11'F� V L4 5 V ',h '.`�' !'>3�'=.2 . ���i' y i � -' - - -fir°"'• , 5[� ��♦ r 1;4 AN MOTSU Q.K ;tl '� Y ,.'c�Tk E-F �' lA'•%' ! '11 f!{�['+s�u'+'?�ti _ �. '.M...� � �+S'i' i,:, _J Jr Military Ocean Terminal Sunny Point (MOTSU) Latitude: 340 00' 42" N Longitude: 770 58' 15" W Receiving Stream: Cape Fear River & Nigis Creek Stream Class: SC & SC; Sw, HQW Sub -basin: 03-06-17 (Cape Fear River Basin) Facility Location Part I Page 2 of 2 Permit No. NCS000208 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 that 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, o(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. The map should identify whether each.reeei'ving 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.cnr.state.nc.us/tmdUGeneral_303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enrstate.nc.us/tmdl/TMDL_list.htm#Fina1_TMDLs b. A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. C. A site map drawn to scale with the following items: (1) Distance legend and north arrow (2) Site property boundary and topography (3) Location of industrial activities (including storage of materials, disposal areas, process areas, and loading and unloading areas) (4) Drainage features and structures (5) Stoninwater discharge points (outfalls) (6) Delineated drainage areas for each outfall (7) Drainage area for each outfall in acres and percentage or each drainage area that is impervious (8) All on -site and adjacent surface waters and wetlands (9) Building locations Part II Page 1 of 10 Permit No. NCS000208 (10) Existing BMPs and impervious surfaces 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. 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. 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 iireas, material handling operations, and manufacturing or fueling operations —In areas where elimination of exposure is not practical, the, formwater,management plan shall document the feasibility of diverting the stortiwa'ter runoff away from areas of potential contamination. b. Secondary ContatnmentRequirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III o£the:Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, and storage in any amount of hazardous substances 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 stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices which shall be secured closed with a locking mechanism, 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 (5) 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 the potential of pollutant sources to contribute Part 11 Page 2 of 10 Permit No. NCS000208 significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 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 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, an oil SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stonnwater 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. fA 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�j rograrn. ;%r lJ � 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 foraIl personnel involved in any of the facility's operations that have the potential'to contaminate stormwater runoff. Facility personnel (or team) responsible for'implemen#ing 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 that 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 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 stormwater outfalls have been evaluated for the presence of non- stormwater discharges. 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 accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. Part 11 Page 3 of 10 Permit No. NCS000208 8. Facility Inspection Program. Inspections of the facility and all stormwater systems shall occur at a minimum on a semi-annual schedule, once during the first half of the year (January through June) and once during the second half (July through December), with at least 60-days separating inspection dates (unless performed more frequently)_ 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. These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part 11 of this permit. 9. implementation. The permittee shall implement the Plan. _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 actions taken to implement BMPs associated with the industrial,activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a'per"iod of five years and made available to the Director or the Director's authorized representative immediately upon request. Part 11 Page 4 of 10 Permit No. NCS000208 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a 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). A representative storm event is a storm event that measures greater than 0. l 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. t •� Table 1. Analytical Monitorin .Re uirements Discharge Measurement Frequencyt Sample Sample Characteristics Units Type2 Location3 Cadmium mg/L semi:annual Grab SDO COD (Chemical Oxygen '.-semi-annual Grab SDO Demand BOD; (Biological Oxygen - mg/L ' �..�, semi-annual Grab SDO Demand. 5-da ) Lead, total recoverable ma I: semi-annual Grab SDO MBAS (Methylene Blue -` mg/L semi-annual Grab SDO Active Substances) Total Suspended Solids m /L semi-annual Grab SDO Oil and Grease m L semi-annual Grab SDO H standard semi-annual Grab SDO Total Rainfal14 inches semi-annual ain Gauge - Footnotes: 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 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. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. Part II Page 5 of 10 Permit No. NCS000208 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_ 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 periodts Sample Number Start End Year 1 — Period 1 1 April 1, 2008 September 30, 2008 Year 1 — Period 2 2 October 1, 2008 March 31, 2009 Year 2 — Period 1 3 April;l, 2009 %" September 30, 2009 Year 2 — Period 2 4 October.], 2009 March 31, 2010 Year 3 — Period 1 5 April 1, 2010 September 30, 2010 Year 3 — Period 2 6 October/1'. 2010 March 31, 2011 Year 4 — Period 1 7 April'], 2011 September 30, 2011 Year 4 — Period 2 8 !;' ' -,,,.October 1, 2011 March 31, 2012 Year 5 — Period 1 9,. April 1, 2012 September 30, 2012 Year 5 -- Period 2 10 October 1, 2012 March 31, 2013 Footnotes: l" 1 Maintain semi-annual monitoring during permit renewal process. The applicant must continue semi-annual monitoring until the renewed permit is issued. 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. 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). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Part 11 Page 6 of 10 Permit No. NCS000208 Table 3. Benchmark Values for Analvtical Monitoring Discharge Characteristics Units Benchmark Cadmium mg/L 0.001 COD (Chemical Oxygen mg/L 120 Demand BOD; (Biological Oxygen mg/L 30 Demand, 5-day) Lead, total recoverable mg/L 0.03 MBAS (Methylene Blue Active mg/1, 0.5 Substances) Total Suspended Solids mg/L '. "� ` , 100 Oil and Grease mg/L "`.30 pH standard _ 6 - 9 Tier One If: The sampling results are above a benchmark -value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential, and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations to within the benchmark range. 4.. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Part II Page 7 of 10 Permit No. NCS000208 Tier Two If: During the term of this permit, the 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: l . Repeat all 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 benchrtark'range, for all parameters at that outfall. > 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow." �, r 4. Maintain a record of the Tier Two response"in the Starrnwater Pollution Prevention Plan. During the term of this permit,s,if the sampling results exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions, DWQ may: • Require -that the permittee increase or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. This site discharges to impaired waters experiencing problems with low dissolved oxygen. If a Total Maximum Daily Load (TMDL) is approved for this segment of the Cape Fear River, the permittee may be required to monitor for the pollutant(s) of concern in the future 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 permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. FartIl Page 8 of 10 Permit No. NCS000208 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, and during the analytical monitoring event. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention -Plan (SPPP) and assessing new sources of stormwater pollution. In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qualitative Monitoring Requirements � Discharge Characteristics Frequencyt Monitoring Location2 Color semi-annual SDO Odor semi-annual '`SDO Clarity semi-annual. �. ;SDO Floating Solids semi-annual: �` SDO Suspended Solids = 'setni"a' nnual,� .- SDO Foam `'semi-annual- SDO Oil Sheen v semi-annual SDO Erosion or,deposition at the semi-annual SDO outfall Other obvious indicators semi-annual SDO of stormwater pollution Footnotes: 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 perforated 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 stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance Part II Page 9 of 10 Permit No. NCS000208 areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storni event. Table S. Analytical Monitoring Re uirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Fre uenc l Sample Type2 Sample Location3 H standard semi-annual Grab SDO Oil and Grease m l semi-annual Grab SDO Total Suspended Solids m l semi-annual Grab SDO Total Rainfa114 inches semi-annual Rain Tau e New Motor Oil Usage gallons/month 1 semi-annual,", Estimate - Footnotes: 1 Measurement Frequency: Twice per year during a representative storm `event, for each year until either another permit is issued for this facility or until this permit is revoked.or rescinded. Ifat the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewalpermit 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. 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 mitiutes of discharge from the pond. 3 Sample Location: Samples shall be collected at each'stornwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where veliic[e 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. \ r Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping,, and/or install stormwater Best Management Practices (BMPs), as provided in Part 1I Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units = Benchmark pH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mglL 100 Part lI Page 10 of 10 Permit No. NCS000208 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 annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished within .12 months of the effective date of the initial permit issuance. !` New Facilities applying for coverage for the first time and existing facilities previously permitted and applying for renewal under this permit: The Stormwater Po[lution 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. Duty to Comply 'f 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 pen-nittee 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 pen -nit 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 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 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 $1 1,000 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)] 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 pen -nit issued under section 402 of the Act. Administrative penalties for Class 1 violations are not to exceed $1 1,000 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 $1 1,000 PartIII Page I of 8 Permit No. NCS000208 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. 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 Ill, 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. r " \ 5. Oil and Hazardous Substance Liabilitv Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, iiabilities.;br penalties -to which the permittee is or may be subject to under NCGS 143-215,75 et seq. or Section 31 I.ofthe,-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 priv eges; nor doesit 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. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tamperint~ 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 Ill Page 2 of 8 Permit No. NCS000208 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 S: GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration date.,ln order to receive automatic authorization to discharge beyond the expiration date, the permiftee,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. § 143-2 l 53.6 and 33 USC 1251 et. seq. ti 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 reiasuance of the permit to change the name and incorporate such other requirements asmay,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. 3. SiVnatorV 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; PartIII Page 3 of 8 Permit No. NCS000208 (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly.authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the 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 desioned to assure that qualified personnel properly gather and evaluate the information submittedh 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." Individual Permit Modification. Revocation and Reissuance, or•Termination The issuance of this individual permit does nbt 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:? Permit Actions �` t i1 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 Oneration 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. Need to Malt 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: Part III Page 4 of 8 Permit No. NCS000208 Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required -herein, shall be characteristic of the volume and nature of the. permitted discharge. Analytical samplingshall 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 permitshall not beAanged without notification to and approval of the Director. f i 2. Recording Results ~ For each measurement, sample,; mspection.or maintenance activity performed or collected pursuant to the requirements of this individual permit; the permittee shall record the following information: 1 a. The date, exact place;-andtime of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The 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. NCS000208 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 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 ofat 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'ofa 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; w- 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; r ,.f b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and 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 Reenorts 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. 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. NCS000208 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 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 anv 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 304 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 parameter's as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Changes - =i The pennittee 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 Part III Page 7 of 8 Permit No. NCS000208 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. 0.1 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. �l 4 f i PartIII Page 8 of 8 NCS000208 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 paragraphshall 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 I. Act _ See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of anv set of values is the summation of the individual values divided by the number of individual values. Allowable Nan-Stormwater Discharues 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 tire -fighting training. 4. Best Mana ement 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. NCS000208 5. ByRass 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 A l / 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 WatenQuality, the.permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. 1", r , �: 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. 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 -tern 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. 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 V I Page 2 of 5 Pages Permit No. NCS000208 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. Pennittee The owner or operator issued a permit pursuant to this individual permit. 18. Point Source Discharee 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. 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 ,l 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 toperform analytical monitoring at a reduced number of outfalls. 21. Rinse Water Discharee 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 Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 23. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA Title I11, Section 313 reporting requirements, and That meet at least one of the following criteria: Part V I Page 3 of 5 Pages Permit No. NCS000208 (1) Is listed in Appendix D of 40 CFR part 122 on either Table 11 (organic priority pollutants), Table HI (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the CWA at 40 CFR 1 16.4, or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 24. 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. 25. 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 13 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to.be°reieased_wA stormwater discharges. 26. Significant Spills Includes, but is not limited to: -releases of oil or hazardous substances in excess of repoi-table quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 1 17.21) 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 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. 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. NCS000208 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 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. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1)_ofthe Clead'Water Act. 34. Upset ` Means an exceptional incident in which thdre is tir intefitional and temporary noncompliance with technology based permit effluent limitations because'of factors beyond the reasonable control of the permittee. An upset does not include.nonco6ipliance 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 ;f 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, gravity, or ice from 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 TUC ,; S Mr. David Mikell Von Kolnitz Military Ocean Terminal Sunny Point 6280 Sunny Point Road Southport, North Carolina 28461 Dear Mr. Von Kolnitz: Michael F. Easley, Governor State of North Carolina William G. Ross, Jr., Secretary Department of Environment and Natural Resources H Sullins, Director February 25, 2008 1 FEB 2 9 2008 Subject: Final NPDES Stormwater Permit Permit NCS000208 Military Ocean Terminal Sunny Point Brunswick County In response to your renewal application for continued coverage under NPDES stormwater permit NCS000208, 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 no major changes from the draft permit sent to you on January 3, 2008. 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 CIean 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 note that your facility drains to an area where there are threatened and endangered species. The Shortnose Sturgeon (Acipenser brevirostrum) is an endangered species that has been identified near your facility. The American Alligator (Alligator mississippiensis) and the Green Turtle (Chelonia mydas) are threatened species that have been identified near your facility. Failure to abide by your stormwater permit may constitute violation of the Threatened and Endangered Species Act. 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 I50B 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 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 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) 733-5083 x 360 or robert.patterson@ncmail.net. North Carolina Division 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. David Mikell Von Kolnitz MOTSU Permit No. NCS000208 Page 2 Sincerely, for Coleen H. Sullins, Director cc: :Wilmington Regional Office, Water Quality Section Mike Mitchell, EPA Region W Stormwater Permitting Unit Central Files Attachments 2 NCS000208 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 Iawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Military Ocean Terminal Sunny Point is hereby authorized to discharge stormwater from a facility located at Military Ocean Terminal Sunny Point 6280 Sunny Point Road Southport, NC Brunswick County to receiving waters designated as the Cape Fear River & Nigis Creek, a class SC; Sw, HQW 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. This permit shall become effective March 1, 2008. This permit and the authorization to discharge shall expire at midnight on February 28, 2013. Signed this 251h day of February, 2008. ,for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000208 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART Il MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability . 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10, Penalties for Falsification of Reports Section B: General Conditions I. Individual Permit Expiration 2. Transfers i Permit No. NCS000208 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 I. 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 I . 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 I0. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No, NC5000208 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must submit a No Exposure Certification NOl form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once every five (5) years. SECTION B: PERMITTED ACTIVITIES Until this permit 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 stormwater discharges shall be in accordance with the conditions of this permit Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this 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 1 Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000208 Wl­ '41 t V A Q 7�4 rs .4 z�. ".i­ T 3" �.t "2 9" N. ; 5e -x J'r. P.1 v A.— M 7, n jj� kr rr I A A - X C­ 41 7"S a -A P, .11 .3 14. hV� .7' N N S't N kN t, A 1, �-Z ____1_41" 'rV V " f 1- 3iM OTSU A V- 1.4 Y jj 'I V" Rk 7-1 5,P jlil 4 J., X 7 071 .10 3r U '47j� NCS000208 Military Ocean Terminal Sunny Point (MOTSU) N Latitude: 340 00' 42" N Longitude: 770 58' 15" W Receiving Stream: Cape Fear River & Nigis Creek Stream Class: SC & SC; Sw, HQW Sub -basin: 03-416-17 (Cape Fear River Basin) Fir Facility Location Part I Page 2 of 2 Permit No. NCS000208 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 PIan shall be considered public information in accordance with Part II1, 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 that may be expected to contribute to contamination of stonnwater 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. The map should 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: httpa/h2o.enr.state.ne.us/tmdl/Gencral_303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enr.state.ne.us/tmdl/TMDL_list.htmiVFinal_TMDLs b. A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. C. A site map drawn to scale with the following items: (1) Distance legend and north arrow (2) Site property boundary and topography (3) Location of industrial activities (including storage of materials, disposal areas, process areas, and loading and unloading areas) (4) Drainage features and structures (5) Stormwater discharge points (outfalls) (6) Delineated drainage areas for each outfall (7) Drainage area for each outfall in acres and percentage or each drainage area that is impervious (8) All on -site and adjacent surface waters and wetlands (9) Building locations Part I Page 1 of 10 Permit No. NCS000208 (10) Existing BMPs and impervious surfaces 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. 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. 2. Storm water 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 stornwater, 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 Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances 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 stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices which shall be secured closed with a locking mechanism, 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 (5) years. 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 the potential of pollutant sources to contribute Part 11 Page 2 of 10 Permit No. NCS000208 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, an oil SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the Stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance 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 that 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 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 stormwater outfalls have been evaluated for the presence of non- stormwater discharges. 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 accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. Part II Page 3 of 10 Permit No. NCS000208 8. Facility Inspection Program. Inspections of the facility and all stormwater systems shall occur at a minimum on a semi-annual schedule, once during the first half of the year (January through June) and once during the second half (July through December), with at least 60-days separating inspection dates (unless performed more frequently). 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. These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part.iI of this permit. 9. Implementation. The permittee shall implement the Plan. 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 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 ❑ Page 4 of 10 Permit No. NCS000208 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a 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 stortwater 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 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. Table 1. Analytical Monitoring Requirements Discharge Measurement Frequencyll _Sample - Sample Characteristics Units TypC2 Location3 Cadmium mg/L semi-annual Grab SDO COD (Chemical Oxygen mg/L semi-annual Grab SDO Demand BOD; (Biological Oxygen mg/L semi-annual Grab SDO Demand, 5-day) Lead, total recoverable rn semi-annual Grab SDO MBAS (Methylene Blue mg/L semi-annual Grab SDO Active Substances) Total Suspended Solids mg/L semi-annual Grab SDO Oil and Grease mg/L semi-annual Grab SDO H standard semi-annual Grab SDO Total Rainfalls inches semi-annual Pain Gau e I - Footnotes: l Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 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 Part II Page 5 of 10 Permit No. NCS000208 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. The per-mittee 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 periodL2 Sample Number Start End Year I — Period I 1 March 1, 2008 August 31. 2008 Year 1 — Period 2 2 September 1, 2008 February 28, 2009 Year 2 — Period 1 3 March 1, 2009 August 31, 2009 Year 2 — Period 2 4 September 1, 2009 February 28, 2010 Year 3 — Period 1 5 March 1, 2010 August 31. 2010 Year 3 — Period 2 6 September 1, 2010 February 28, 2011 Year 4 — Period 1 7 March 1. 2011 August 31, 2011 Year 4 — Period 2 8 September 1, 2011 February 29, 2012 Year 5 — Period 1 9 March 1, 2012 August 31, 2012 Year 5 — Period 2 10 September 1, 2012-T February 28, 2013 Footnotes: l 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. 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). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Part II Page 6 of 10 Permit No. NCS000208 Table 3. Benchmark Values for Analvtical Monitoring Discharge Characteristics Units Benchmark Cadmium mg/L 0.001 COD (Chemical Oxygen mg/L 120 Demand BOD5 (Biological Oxygen mg/L 30 Demand. 5-da ) Lead, total recoverable mg/L 0.03 MBAS (Methylene Blue Active Substances) mg/L 0.5 Total Suspended Solids mg/L 100 Oil and Grease mg/L 30 IpH standard 6-9 Tier One If: The sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1- Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential, and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations to within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Part II Page 7 of 10 Permit No. NCS000208 Tier Two If: During the term of this permit, the 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. Repeat all 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. I If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow." 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. During the term of this permit, if the sampling results exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions, DWQ may: • Require that the permittee increase or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. This site discharges to impaired waters experiencing problems with low dissolved oxygen. If a Total Maximum Daily Load (TMDL) is approved for this segment of the Cape Fear River, the permittee may be required to monitor for the pollutant(s) of concern in the future 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 permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. Part II Page 8 of 10 Permit No. NCS000208 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, and during the analytical monitoring event. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qualitative Monitoring Requirements Discharge Characteristics Frequencyll Monitoring Location2 Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 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 stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance Partli Page 9 of 10 Permit No. NCS000208 areas, and in accordance with the schedule presented in Table Z (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 rl Sample Type2 Sample Location3 H standard semi-annual Grab SDO Oil and Grease m /l semi-annual Grab SDO Total Suspended Solids mg/l semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain gauge New Motor Oil Usage I gallons/month I 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 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 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 permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part I1 Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark pH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 PartIl Page 10 of 10 Permit No. NCS000208 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 annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time and existing facilities previously permitted and applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, 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 tem7ination, 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 $1 1,000 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).] 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 1 violations are not to exceed $11,000 per violation, with the maximum amount of any Class penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed $11,000 Part III Page I of 8 Permit No. NCS000208 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. Du to Miti ate 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, 143-215.613. 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. 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. Dutyo Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering The Clean 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 Ill Page 2 of 8 Permit No. NCS000208 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 1. 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. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory Requirements All applications, reports, or information submitted to the 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; Partill Page 3 of 8 Permit No. NCS000208 (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "1 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 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 pen -nit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts l22 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 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. 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: PartI II Page 4 of 8 Permit No. NCS000208 a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORINC AND RECORDS I. Representative Samplin-- 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. 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 date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 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. NCS000208 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 outfalI 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 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 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. 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 TI5A 02B .0506. Part III Page 6 of 8 Permit No. NCS000208 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 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 143-215.6E 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. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not 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. 7. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the 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 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 Part III Page 7 of 8 Permit No. NCS000208 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 NCS000208 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 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 .0I05(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. 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 1V, V and VI Page I of 5 Permit No. NCS000208 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 DWQ 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. ]I. 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. 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. 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 V I Page 2 of 5 Pages Permit No. NCS000208 industrial machinery, raw materials, intennediate 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. Permiee The owner or operator issued a permit pursuant to this individual permit. 18. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 19. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is 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 of sormwater 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 out -falls. 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 wastewaters utilizing any type of detergent or cleaning agent. 22. Secondaa Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 23. Section 313 Water PriorityChemical 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 That meet at least one of the following criteria: Pan VI Page 3 of 5 Pages Permit No. NCS000208 (1) Is listed in Appendix D of40 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); (2) Is listed as a hazardous substance pursuant to section 31 l (b)(2)(A) of the CWA at 40 CFR 1 16.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 24. 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. 25. 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 II I 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 31 1 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 1 17.21) 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 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)(I4). 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 1 . Permit No. NCS000208 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 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. 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, gravity, or ice from 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 r=v WATT Michael F. Easley. Governor "r i State of North Carolina bWilliam G. Ross, Jr., Secretary Department of Environment and Natural Resources pColeen H Sullins, Director Division of Water Quality February 25, 2008 Mr. David MikeIl Von Kolnitz Military Ocean Terminal Sunny Point 6280 Sunny Point Road Southport, North Carolina 28461 Subject: Final NPDES Stormwater Permit Permit NCS000208 Military Ocean Terminal Sunny Point Brunswick County Dear Mr. Von Kolnitz: In response to your renewal application for continued coverage under NPDES Stormwater permit NCS000208, 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 no major changes from the draft permit sent to you on January 3, 2008. 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. Please note that your facility drains to an area where there are threatened and endangered species. The Shortnose Sturgeon (Acipenser brevirostrum) is an endangered species that has been identified near your facility. The American Alligator (Alligator mississippiensis) and the Green Turtle (Chelonia mydas) are threatened species that have been identified near your facility. Failure to abide by your stormwater permit may constitute violation of the Threatened and Endangered Species Act. 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 shah 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 Robert Patterson at (919) 733-5083 x 360 or robert.patterson@ncmail.net. North Carolina Division 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. David Mikell Von Kolnitz MOTSU Permit No. NCS000208 Page 2 Sincerely, for Coleen H. Sullins, Director cc: Wilmington Regional Office, Water Quality Section Mike MitcheII, EPA Region IV Stormwater'Permitting Unit. Central Files Attachments 2 NCS000208 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. Military Ocean Terminal Sunny Point is hereby authorized to discharge stormwater from a facility located at Military Ocean Terminal Sunny Point 6280 Sunny Point Road Southport, NC Brunswick County to receiving waters designated as the Cape Fear River & Nigis Creek, a class SC; Sw, HQW stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, 1II, IV, V and VI hereof. This permit shall become effective March 1, 2008. This permit and the authorization to discharge shall expire at midnight on February 28, 2013. Signed this 25`E' day of February, 2008. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000208 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Pen -nit 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 b. 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 t Permit No. NCS000208 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 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 in Permit No. NCS000208 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must submit a No Exposure Certification NOI form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once every five (5) years. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this individual -permit. All stormwater discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. 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NCS000208 N w -_ i �_ S Military Ocean Terminal Sunny Point (MOTSU) Latitude: 340 00' 42" N Longitude: 77° 58' 15" W Receiving Stream: Cape Fear River & Nigis Creek Stream Class SC & SC; Sw, HQW Sub -basin: 03-06-17 (Cape Fear River Basin) illA 1j�`�ri� ,.a ♦ i�i A.�M �,�t ,� Facility Location Part I Page 2 of 2 Permit No. NCS000208 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 II1, 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 that may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: 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. The map should 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/tmdUGeneral_303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enr.state.ne.us/tmdV]rMDL—list.htm/iFinal—TMDLs b. A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. C. A site map drawn to scale with the following items: (1) Distance legend and north arrow (2) Site property boundary and topography (3) Location of industrial activities (including storage of materials, disposal areas, process areas, and loading and unloading areas) (4) Drainage features and structures (5) Stormwater discharge points (outfalls) (6) Delineated drainage areas for each outfall (7) Drainage area for each outfall in acres and percentage or each drainage area that is impervious (8) All on -site and adjacent surface waters and wetlands (9) Building locations Part 11 Page 1 of 10 Permit No. NCS000208 (10) Existing BMPs and impervious surfaces 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. 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. 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 Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 3 13 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances 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 stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices which shall be secured closed with a locking mechanism, 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 (5) 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 the potential of pollutant sources to contribute Part I1 Page 2 of 10 Permit No. NCS000208 significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 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 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, an oil SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance 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 that 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 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 stormwater outfalls have been evaluated for the presence of non- stormwater discharges. 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 accordance with Part II1, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. Part II Page 3 of 10 Permit No. NCS000208 Facility Inspection Program. Inspections of the facility and all stormwater systems shall occur at a minimum on a semi-annual schedule, once during the first half of the year (January through June) and once during the second half (July through December), with at least 60-days separating inspection dates (unless performed more frequently). 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. These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part I1 of this permit. 9. Implementation. The permittee shall implement the Plan. 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 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 I I Page 4 of 10 Permit No. NCS000208 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a 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). 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 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. Table 1. Analytical Monitoring Requirements Discharge Measurement Frequencyl Sample Sample Characteristics Units T e2 Loeation3 Cadmium mg/L semi-annual Grab SDO COD (Chemical Oxygen mg/L g semi-annual Grab SDO Demand BOD; (Biological Oxygen mg/L semi-annual Grab SDO Demand, 5-day) Lead, total recoverable mg/L semi-annual Grab SDO MBAS (Methylene Blue mg/L semi-annual Grab SDO Active Substances) Total Suspended Solids mg/L semi-annual Grab SDO Oil and Grease m semi-annual Grab SDO H standard semi-annual Grab SDO Total Rainfal14 inches semi-annual Pain Gauge I - Footnotes: 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. Part I Page 5 of 10 Permit No. NCS000208 `I 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. 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 periods''" Sample Number Start End Year 1 — Period 1 1 March 1, 2008 August 31, 2008 Year 1 — Period 2 2 September 1, 2008 February 28. 2009 Year 2 —Period 1 3 March 1, 2009 August 31. 2009 Year 2 — Period 2 4 September 1. 2009 February 28. 2010 Year-3 —Period 1 5 March 1, 2010 August 31, 2010 Year 3 — Period 2 6 September 1, 2010 February. 28, 2011 Year 4 -- Period 1 7 March 1. 2011 August 31, 2011 Year 4 — Period 2 8 September 1, 2011 February 29, 2012 Year 5 — Period 1 9 March 1, 2012 August 31, 2012 Year 5 — Period 2 10 September 1, 2012 February 28, 2013 Footnotes: I 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. 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). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Part II Page 6 of 10 Permit No. NCS000208 Table 3. Benchmark Values for Analvtical Monitorinff Discharge Characteristics Units Benchmark Cadmium mg/L 0.001 COD (Chemical Oxygen mg/L 120 Demand BOD; (Biological Oxygen mg/L 30 Demand, 5-day) Lead, total recoverable mg/L 0.03 MBAS (Methylene Blue Active mg/L 0.5 Substances) Total Suspended Solids mg/L 100 Oil and Grease mg/L 30 pH standard 6-9 Tier One If. The sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: l . Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential, and select the specific: source controls. operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations to within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Part I Page 7 of 10 Permit No. NCS000208 Tier Two If: During the term of this permit, the 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. Repeat all 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 permittee is required to submit a monthly monitoring report indicating "No Flow." 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. During the term of this permit, if the sampling results exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions, DWQ may: • Require that the permittee increase or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. This site discharges to impaired waters experiencing problems with low dissolved oxygen. If a Total Maximum Daily Load (TMDL) is approved for this segment of the Cape Fear River, the permittee may be required to monitor for the pollutant(s) of concern in the future 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 permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. Part I I Page 8 of 10 Permit No. NCS000208 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, and during the analytical monitoring event. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qualitative Monitoring Requirements .Discharge Characteristics = - Frequencyl. Monitoring, Location2 Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 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. Ifat 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 stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance Part II Page 9 of 10 Permit No. NCS000208 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 Re uirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Fre uencyl Sample Ty2e2 Sample Location3 H standard semi-annual Grab SDO Oil and Grease m /I semi-annual Grab SDO Total Suspended Solids MP/l semi-annual Grab SDO Total Rainfal14 inches semi-annual Rain gaue New Motor Oil Usage I gallons/month I 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 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 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 permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part II Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark pH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 PartII Page 10 of 10 Permit No. NCS000208 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 annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time and existing facilities previously permitted and applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part 11, 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 reissuanee, 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 $21,500 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 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 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 $ l 1,000 per violation with the maximum amount not to exceed S 137,500. [Ref: Section 309 of the Federal Act 33 USC 13 19 and 40 CFR 122.41(a).] 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 violations are not to exceed $ 11,000 per violation, with the maximum amount of any Class penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed $1 1,000 Part III Page I of 8 Permit No. NCS000208 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. 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.W 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 3 l 1 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. 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. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering The Clean 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 I II Page 2 of 8 Permit No. NCS000208 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 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 y 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. Sienatory Reauirements 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; Part III Page 3 of 8 Permit No. NCS000208 (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.). and (3) The written authorization is submitted to the Director. Anv 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 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 2H .0100; and North Carolina General Statute 143-215.1 et. al. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Prover Ooeration 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. 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: Part III Page 4 of 8 Permit No. NCS000208 a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition.is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III. Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 1, Representative Samplink 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. 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 date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Test Procedures Test procedures for the analysis of pollutants shall conform to the £MC 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. PartI II Page 5 of 8 Permit No. NCS000208 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 requirements may be perfonred 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 ofanalytical monitoring results shall also be maintained on -site. The pennittee 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 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 Monitorine Renorts 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. 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 T I5A 02B .0506. PartI I I Page 6 of 8 Permit No. NCS000208 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 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. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not 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. 7. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass: including an evaluation of the anticipated quality and affect of the bypass. 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 Part ll l Page 7 of 8 Permit No. NCS000208 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. l0. Other Information Where the petmittee 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 I II Page 8 of 8 NCS000208 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 I5A 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. 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. 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 Eire -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 Permit No. NCS000208 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 Stora e 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 DWQ The Division of Water Quality, Department of Environment and Natural Resources. Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. I I. 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. 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. 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. NCS000208 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 ifa 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. Permittee The owner or operator issued a permit pursuant to this individual permit. 18. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including. but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 19. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is 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 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. 21. Rinse Water Dischar e 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 Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 23. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986: b. Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements; and C. That meet at least one of the following criteria: Part VI Page 3 of 5 Pages Permit No. NCS000208 (1) Is listed in Appendix D of 40 CFR part 122 on either Table 11 (organic priority pollutants), Table 111 (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances), (2) Is listed as a hazardous substance pursuant to section 31 l(b)(2)(A) of the CWA at 40 CFR 1 16.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 24. 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. 25. 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. 26. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 3 11 of the Clean Water Act (Ref: 40 CFR 1 10.10 and CFR 1 17.21) 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 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 12226(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. NCS000208 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 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. 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, gravity, or ice from its site of origin which can be seen with the unaided eye. 37. 25-vear, 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 A_*A W F NCDENK North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and. Land Resources Tracy E. Davis, PE, CPM Director Facility Name: NPDES Permit plumber: Facility Location: Type of Activity: SIC Code: Receiving Streams: River Basin: Stream Classification: Proposed Permit Requirements: Monitoring Data: Facility Location: Response Requested by (Date): Central Office Staff Contact: Pat McCrory, Governor John E. Skvada, III, Secretary STAFF REVIEW AND EVALUATION NPDES Stormwater Permit WiRo Military Ocean Terminal - Sunny Point NCS000208 6280 Sunny Point Road, Southport, NC (Brunswick County) Packing and shipping of munitions for overseas transport Not Applicable Cape Pear River & Nigis Creek Cape Fear River Basin, Sub -basin 03-06-I 7 SC; Sw, HQW See attached draft permit. See Table I See Figure 1 January 18, 2008 Mike Randall, (919) 807-6374 Central Office Review Summary: 1. Special Issues: Import/export/storageofammunitions For DOD via truck, rail, and ship. Onsite rail, vehicle, and heavy equipment fueling, maintenance and repair. Have been making modifications to reduce potential for exposure to stormwater. Many various potential sources for exposure. 2. Changes at thea i i since prpviou*permit: Oil and Grease to Non -Polar oil & Grease by EPA Method1664 (SGT--HEM) 3. Receiving Waters: Cape Fear River & Nigis Creek Impaired 4. Threatened and Endangered Specie3: Federal endangered: Shortnose Sturgeon; Federal threatened: American Alligator and Green Turtle S. Ana cal and qualitative monitoringAuring this -past permit yule: The facility has at times exceeded benchmark limits for TSS and COD Pagel of 2 IVCSOOOxxx 6. Rationale for monitoring parameter : See attached staff report from previous proposed permit. 7. Permit, Eacility.and Owner Contacts update: 8. Confirmed contact information with permittee and updated BIMS if necessary. 9. Obtained e-mail addresses for each contact and updated BI MS. 1.0. Annual Fees: Confirmed in BIMS that permittee does not owe fees. Recommendations: Based on the documents reviewed, the application information submitted on July 18, 2012 is sufficient to issue an Individual NPDES Stormwater Permit. Central Office recommends reissuance of this permit with the same monitoring as the previous cycle The proposed draft permit reflects the most recent individual stormwater permit template and boiler plate language, incorporating revisions that are similar to the industrial general permits issued during 2012-13. Prepared by (Signature) Date 2a¢ Stormwater Permitting Supervisor"-; � Date ZDl�f for Bradley Bennett Concurrence by Regional Off RO DEMLR Supervisor, Date Date Regional Office Staff Comments (attach additional pages as necessary) Page 2 of 2 _t r =, G /Vol y rr �,�-s l� s �,�- �, v,✓ �l� L11 I IS��L 4--oGo /=yL eE I %%�✓W 1�7 ,r/ j✓ Lo C ,t T t o &/ 4V) I z -I F 1 i a4\ �'cst SECTION 4 STORM WATER POLLUTION PREVENTION PLAN INSTALLATION SMILITARY OCEAN TERMINAL, SUNNY POINT, SOUTHPORT, NORTH CAROLINA ASSESSMENT • The date(s) analyses were performed; • The individual(s) who performed the analyses; • The analytical techniques or methods used; and • The results of the analyses. The records of the measurements, sample, inspection, or maintenance activity must be kept on file on site for a period of 5 years following the date of report. 4.5 SUMMARY OF POTENTIAL POLLUTANT SOURCES The following buildings and/or facilities have activities that pose a potential pollutant source to storm water: • Building 4 — Public Works and Contractor Offices and Staging Area • Building 6 -- Motor Pool Maintenance Shop • Building 8 — Welding Shop and Covered Storage Area • Building 9 —Maintenance Shop and Grounds Maintenance Shop • Building 11 — Fueling Station • Building 30 — Public Works and Maintenance Storage Facility • Building 31 — Heavy Equipment Maintenance Shop • Buildings 35 and 36 — Stevedore Maintenance Shop • Building 37 — Hazardous Waste Storage • Building 43 — Locomotive Maintenance Facility • Building 50 — Locomotive Fueling Facility • Contractor Staging Area (The Hill) • Fire Stations land 2 • Lumber Yard • Reclaim Yard 12%6�3190 V f DEC i 0 2nn7 The potential pollutants for these facilities are outlined in Sections 5. AH Environmental Consultants 4-9 March 2007 091-13 RM, LEGEND BLAST EASEMENT INSTALLATION BOUNDARY RAILROAD CHANNEL / WATERWAY STORM DRAINAGE OUTFALL SAMPLING LOCATION S ,P06 riYO -7-70 'T L UN d . ...... ADMINISTRATION AREA - (FOR BLOWUP OF AREA, SEE FIGURE 2-3) 2000 0 !V PNEIR S P I D'G ul mes SCALE IN FEET 1w RU 41 8000 !T A HIA-H ENWROwNMENTAwL CONSULTANTS - L9 jDE0jR;--W=—ATg W: aj *04" & tw I GENERAL LOCATION MAP Storm Water Pollution Prevention Plan Military Ocean Terminal, Sunny Point, Southport, North Carolina Figure 2-2 - ............._.............. ._ _. AFMINISTRATAT AREA € L DE SERT ��1~ I i _ TR 4 _, 'sr�NAC ME_iN-1 �IV.S:_€N � - C N QUIP .ADMIN/ SPA -EH ;A UE G, �A:[I I E R REPAIR SHIN � % 1 Vt- 1 i L C PARTS /]I\S 1 M:_ SHE U Wt. L DING SHED i [ YA:N € : NAINCE S PPIE71INE SWIIM 14 ( RAN W1 iAD SHiII- AR / C( "A � I =[RL .,TA IPN 41 AND C,[WM C.E_NIF_R I, 19 ! AC -'F-N' HXNS i DI 6Gi JRs�:1R�; � 2 2.. D Is 1 00% GAT) '"' �" Y' , (LAT. 33 5 i 329€ 2P P SUPPI Y A )MIMSI RATIHN & '\W0RF i[]USE 2 BLI/a ST:I`r'AC,[._ Sll[ L I 9€_. LONG. �8' Q 44 ) 2� AR�,[1 EIP RAiD]NS H1 1)C, AIN I N p UZARIly " 3 p `_. 30 PSIEVI IJORL MAiNEE_NANU SAUP S'F V - �4:%,IENA�Sf S:i! 3/ "AMMl S MA [ FRIA• S T PRAi-i'i_- f` SLY i \t ...... S (i B R.:!S(��yj q�[ L TAT J [k \._ G. 78 ()1 �Egltuw[;=R [[ DEC 1 0 DENR - WATER WALL wetlands & Stwmwater Brant . . ................ N Select Element Occurrence Page 1 of 1 Select Element Occurrence(s) Found 20 Element Occurrence(s) EO Common Date Last EO EO State FederalState Global Select Details; EO ID Scientific Name Nb Name Observed Rank Accuracy Protection Protection Rank Rank Status Status r View. 12176 Acipenser 2 Shortnose 1993 B Medium E E S1 G3 brevirostrum Sturgeon rl View 1299 Alligator 32 American 1991-06 T T(S/A) S3 GS mississlppiensis Alligator View 8567 Chelonia mydas 13 Green Turtle 1990 E �w T T S1B,SUN G3 l-j Yisw 11722 Cirsium lecontei 21 Leconte's 1949-08- H Very SR-P S2 G2G3 Thistle 27 Low rt View. 12518 Colonial Wading 56 2004 A Low S3 GNR Bird Colony r View, 102S2 Crotatus 38 Eastern Diamondback E Low E S1 G4 admanteus Rattlesnake jJ View 11715 Cyperus 1 Leconte's 1948-08 H Very SR-P 52 G4? lecontel Flatsedge Low Dichanthelium 2 Nerved Witch 1937-05- H Very SR-D S1 G3 i View, 8208 aciculare ssp. Grass 13 Low neuranthum i View 16243 Egretta 22 Little Blue 2004 D Low SC S30,S3N GS caerulea Heron View 12024 Egretta thula 18 Snowy Egret 2004 BC Low SC S3B,S3N GS yiSw 468 Egretta tricolor 18 Tricolored 2004 B Low Sc 538,53N GS Heron r View 14349 Fundulus luciae 3 Spotsh fin 1983 D �w SR 52 G4 KilGull-Tern- r 16748 65 Colonial Waterbirds 1977 H Low S3 GNR _View_ Skimmer Colony Nesting Site rl View_ 2819 Helenium 6 Dissected 1939-04 H SR-P S2 G4 pinnatifidum Sneezeweed View 7573 Lanius 27 Loggerhead 20G7-07- E Very SC S3B,53N G4 ludovicianus Shrike 06 Low 1-j View 3920 Masticophis 3 Coachwhip H SR S3 GS flagellum r YI-aw 20 P 16 Glossy Ibis 2004 D Low Sc S28 G5 cineil lalcinelllegadis ue r View 10$56 Rhynchospora 11 Coastal 1932-08- H Very T F5C 52 G3 plelantha Beaksedge 18 Low r View 6123 Seminatrix 11 Black Swamp 1983-05 E Very SR S2 GS pygaea Snake Low r View 19475 Seminatrix 14 Black Swamp 1976-07 H Very SR S2 65 pygaea Snake Low Select All Zooln t0 Record . http://nhpweb.enr.state.nc.uslnhislpartnerlformsleoleo_py_eo_select.phtml?showOnMap=... 12/7/2007 Table 20 CAPE FEAR Subbasin 03-06-17 Aquatic Life Assessment Recreation Assessment Shellfish AU Number Classification Length/Area Yead Harvestine Description AL, Rating Station Result Parameter % Exc REC Rating Station Result Sit Rating CA Stalus Stressors Sources CAPE FEAR RI j 18-(63)a 4 C Sw 3.8 FW Miles NR BA585 NCE S BA585 NCI: BA587 NCE Chlor a 33.3 BA587 NCI. From raw water supply intake at Federal Paper Board corporation (Riegelwood) to Bryan[ Mill Creek Chlorophyll a Unknown 18463)b C Sw 18.5 FW Miles NR BA589 NCE Low DO 81 S BA589 NCE Low Dissolved Oxygen Unknown BA639 NCE Low DO 11. BA639 NCE BA640 NCE Low DO 11 BA640 NCE From Bryant Mill Creek to upstream mouth of Toomers Creek 18-(71)a Sc 5,616.7 Sacres From upstream mouth of Toomers Cr. to a line across the river Between Lilliput Creek and Snows Cut 18-(71)b Sc 7,856.7 S acres S From a line across the river between Lilliput Creek and Snows Cut to a line across the river rrom Snows Point to Federal Marsh BA642 CE Low DO 42,S BA642 CE Low pH 38.5 BA642 NCF Turbidity 8,8 BA644 CE Low DO 37.1 BA644 CE Low pH 37.1 BA708 CE' Low DO 16A BA708 CE Low pH 10.4 BA709 CE Low DO 29.5 BA709 CF Low pH 2O.5 BA713 CE Low DO 23.2 BA713 CE Low pH 19k BA716 CE Low DO 10.4 BA722 NCE S BA642 NCF Turbidity Unknown BA644 NCE Low pH Unknown BA709 NCF Low Dissolved Oxygen Unknown BA709 NCE BA713 NCE BA716 NCF S BA722 NCP S-44 NCF {,API: FEAR Subbasm 03-06-17 The Atlantic Ocean [99-(3)b] from the subbasin boundary to South Fort Fisher Boulevard (4.7 coastline miles) is Impaired for recreation because of permanent postings of swimming advisories and the 18 known storm drains that periodically discharge onto the beach in this segment. Segment 99-(2) is Not Rated for recreation because of the presence of storm drains that periodically discharge into these waters, although no criteria were exceeded at sites 5-14 and 5-15. 17.3.2 Bald Head Creek [AU# 18-88-8-41 Current Status Bald Head Creek from source to the Cape Fear River (79.9 acres) is Impaired for shellfish harvesting because this segment is classified by DEH SS (Chapter 27) as prohibited in growing area B-2. Bald Head Creek will be added to the 303(d) list of Impaired waters. 17.3.3 Beaverdam Creek ]AU# 18-88-9-1-(0.5) and (1.5)] Current Status Beaverdam Creek [18-88-9-1-(0.5)] from source to Polly Gully Creek (I mile) is Not Rated for aquatic life because benthic community ratings could not be assigned at sites BB17, BB39 and BB204 in 1999. The watershed was studied in 1999 to evaluate the effects of ditching associated with the St. James Plantation development. Large amounts of silt in the creek promoted a shift toward silt tolerant species. The Brunswick WTP discharge provided permanent flow and increased the pH of the stream above what would be natural for streams in this area. A surprisingly pollution intolerant benthic community was present in some areas of the watershed. Beaverdam Creek [18-88-9-1-(1.5)] from Polly Gully Creek to ICWW (11.3 acres) is impaired for shellfish harvesting because this segment is classified by DEH SS (Chapter 27) as prohibited in growing area 13-1. 2005 Recommendations DWQ will continue to monitor Beaverdam Creek. It is recommended that further development in this area avoid ditching and use BMPs to prevent further siltiation of streams in this watershed. Segment 18-88-9-1-(1.5) will be added to the 303(d) list of Impaired waters. 17.3.4 Cape Fear River Estuary Brunswick River [AU#18-77] Cape Fear River [AU#18-(63)a and b, (71)a and (71)b] Cape Fear River [AU#18-(87.5)a, c and d] 2000 Recommendations The 2000 basinwide plan recommended that a TMDL bedevelopedfor dissolved oxygen and that the TMDL_ be used to guide wasteload allocations for new and expanding discharges. Refer to Chapter 30 for information on NPDES permitting. Current Status The Brunswick River [18-77] from source to the Cape Fear River (743.7 acres) is Impaired for aquatic life because the dissolved oxygen standard was violated in 14.3 percent of samples at site BA707. The dissolved oxygen standard for SC classified waters is 5 mg/l. The pH standard was Chapter 17 — Cape Fear River Subbasin 03-06-17 176 also below the standard in 19.6 percent of samples. The low pH may be associated with swamp drainage from the Black and Northeast Cape Fear Rivers. Clairmont Shopping Center (NC0058599) had significant violations of ammonia permit limits during the last two years of the assessment period as well. The Cape Fear River [18-(63)al from International Paper intake to Bryant Mill Creek (3.8 miles) is Impaired on a monitored basis in the fish consumption category. The Cape Fear River [18-(63)b] from Bryant Mill Creek to Toomers Creek (18.5 miles) is Not Rated because dissolved oxygen was below 4 mg/l in I 1 and 13.8 of samples collect at sites BA640 and BA639. This segment is classified as C Sw, which acknowledges natural characteristics of swamps such as low pH. Also, BASF (NC0059234) had significant violations of biological oxygen demand permit limits, and Leland Industrial Park WWTP (NC0065676) had significant violations of total suspended solids permit limits during the last two years of the assessment period. BASF is under a special order of consent (SOC# 50314) that expires in August 2005. The Cape Fear River [ 18-(71)a] from Toomers Creek to Snows Cut (5,616.7 acres) is Impaired for aquatic life because the dissolved oxygen standard was violated in 42.9, 37. I, 16.4, 29.5, 23.2 and 10.4 percent of samples collected at sites BA642, BA644, BA708, BA709, BA713 and BA716. The dissolved oxygen standard for SC waters is 5 mg/l. The pH standard was also below the standard in 38.5, 37.1, 10.4.20.5 and 19.6 percent of samples at the same sites. The low pH may be associated with swamp drainage from the Black and Northeast Cape Fear Rivers. The segment of the Cape Fear River upstream of this area has a supplemental classification of Sw that acknowledges that swamp streams may have lower dissolved oxygen and pH. The Cape Fear River [18-(71)b] from Snows Cut to Federal Marsh (7,856.7 acres).is Supporting aquatic life because no criteria were exceeded at site BA722, although Kure Beach WWTP (NC0025763) had significant violations of total suspended solids permit limits during the last two years of the assessment period. The Cape Fear River [18-(87.5)a, c and d] from Polly Gully Creek to ICWW (11.3 acres) is Impaired for shellfish harvesting because these segments are classified by DEH SS (Chapter 27) as prohibited in growing areas 13-1 and B-4. Segment 18-(87.5)a is Supporting aquatic life and recreation because no criteria were exceeded at sites BA722 and 5-43.- Segment 18-(87.5)b is Supporting shellfish harvesting and aquatic life because this area is approved and no criteria were exceeded at site BA734. 2005 Recommendations DWQ is developing a TMDL to address the low dissolved oxygen in these segments. TMDL targets and allocations will be addressed as part of the process. Modeling efforts will include;a watershed model of the Northeast Cape Fear River and hydrodynamic and water quality modeling of the estuary. The TMDL is scheduled to be submitted to EPA in late 2005. Until the TMDL is approved by EPA, new and expanding discharges will be carefully considered on a case -by -case basis. The NPDES compliance process will be used to address the significant permit violations noted above. Refer to Chapter 30 for information on NPDES permitting and Chapter 37 for information on the modeling and monitoring efforts. Chapter 17 — Cape Fear River Subbasin 03-06-17 177 FA FMA NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Tracy E. Davis, PE, CPM Director Facility Name: NPDES Permit Number: Facility Location: Type of Activity: SIC Code: Receiving Streams: River Basin: Stream Classification: Proposed Permit Requirements: Monitoring Data: Facility Location: Response Requested by (Date): Central Office Staff Contact: Pat McCrory, Governor John E. Skvarla, III, Secretary STAFF REVIEW AND EVALUATION NPDES Stormwater Permit WiRo Military Ocean Terminal — Sunny Point NCSO00208 6280 Sunny Point Road, Southport, NC (Brunswick County) Packing and shipping of munitions for overseas transport Not Applicable Cape Fear River & Nigis Creek Cape Fear River Basin, Sub -basin 03-06-17 SC; Sw, HQW See attached draft permit. See Table 1 See Figure I January 18, 2008 Mike Randall, (919) 807-6374 Central Office Review Summary: 1. Special Issues: Import/export/storageof ammunitions for DOD via truck, rail, and ship. Onsite rail, vehicle, and heavy equipment fueling, maintenance and repair. Have been making modifications to reduce potential for exposure to Stormwater. Many various potential sources for exposure. 2. Changes at the facility since previous permit: Oil and Grease to Non -Polar Oil & Grease by EPA Method1664 (SGT-HEM) 3. Receiving Waters: Cape Fear River & Nigis Creek Impaired 4. Threatened and Endang red pew: Federal endangered: Shortnose Sturgeon; Federal threatened: American Alligator and Green Turtle 5. Analytical and/or qualitative monitoring ring thi5 past permitcycle: The facility has at times exceeded benchmark limits for TSS and COO Pagel of 2 NCSOOOXxa 6. Rationale for monitoring parameters: See attached staff report from previous proposed permit. 7. Permit, Facility, and Owner Contacts u.pdates: 8, Confirmed contact information with permittee and updated BIMS if necessary. 9. Obtained e-mail addresses for each contact and updated RIMS. 10. Annual : Confirmed in B1MS that permittee does not owe fees. Recommendations: Based on the documents reviewed, the application information submitted on July 18, 2012 is sufficient to issue an Individual NPQBS Stormwater Permit. Central Office recommends reissuance of this permit with the same monitoring as the previous cycle The proposed draft permit reflects the most recent individual stormwater permit template and boiler plate language, incorporating revisions that are similar to the industrial general permits issued during 2012-13. Prepared by (Signature) Date¢ J Stormwater Permitting Supervisor Date for Bradley Bennett f Concurrence by Regional Office Date ^ L(� RO DEMLR Supervisor Date ��'( �� 7,4>1`+ i Regional Office Staff Comments (attach additional pages as necessary) 'Se-p- e- - r•,a, k - Page 2 of 2 Michael F. Easley, Governor OQG State of North Carolina � William G. Ross, Jr., Secretary Department Environment Natural of and Resources 0 Coleen H Sullins, Director Division of Water uali January 3, 2008 Mr. David Mikell Von Kolnitz Military Ocean Terminal Sunny Point 6280 Sunny Point Road Southport, North Carolina 28461 Subject: Draft NPDES Stormwater Permit Permit No. NC5000208 Military Ocean Terminal Sunny Point Brunswick County Dear Mr. Von KoInitz: Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: 1. Cadmium, COD, BOD5i Lead, MBAS, and Oil & Grease monitoring has been added back to Part II, Sec. B. 2. pH has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. 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. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BM -Ps) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the 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 facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins North Carolina Division of Water Quality (919) 733-7015 1617 Mail Service Center FAX (919) 733-0719 Raleigh, North Carolina 27699-1617 On the Intemet at http://h2o.enr.state.nc.us/ Mr. David Mikell Von Kolnitz MOTSU Permit No. NCS000208 Page 2 vehicle maintenance during the permitted timeframe then the requirements shall appl Other permit changes: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills.that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not. contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion.from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Please note that your facility drains to an area where there are threatened and endangered species. The Shortnose Sturgeon (Acipenser brevirostrum) is an endangered species that has been identified near your facility. The American Alligator (Alligator mississippiensis) and the Green Turtle (Chelonia mydas) are threatened species that have been identified near your facility. Failure to abide by your stormwater permit may constitute violation of the Threatened and Endangered Species Act. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 733-5083 x 360 or robert_patterson®ncmail.net. Sincerely, Cam. Robert D. Patterson, P.E. Environmental Engineer Stormwater Permitting Unit cc: Wilmington Regional Office, Water Quality Section (w/attachment) Stormwater Permitting Unit Attachments 2- NCS000208 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 byjfie North `Carolina Environmental Management Commission. and the Federal Water Pollution Control Act, as amended, Military Ocean Terminal Sunny Point ,r is hereby authorized to discharge stormwater from a facility located at Military' Ocean Terminal Sunny.Point 6280 Sunny Point Road Southport, NC �r Brunswick County to receiving waters designated as the Cape Fear River & Nigis Creek, a class SC; Sw, HQW stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 1I, III, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective April 1, 2008. This permit and the authorization to discharge shall expire at midnight on March 31, 2013. Signed this I O`h day of March, 2008. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000208 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map �� �•�� "� PART Il MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan �f ,fir '• - Section 13: 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 b. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions L Individual Permit Expiration 2. Transfers F Permit No. NCS000208 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Tennination 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 2. Recording Results` 3. Flow Measurements 4. Test Procedures 5. Representative Outfal l b. Records Retenti\ %, "J 7. Inspection, and, ry ri Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes b. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 4. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No. NCS000208 ' PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §I22.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing:to obtain a No Exposure Certification must submit a No Exposure CertificationNOI form to the;Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once every five (5) years. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked,'the permittee is authorized to discharge stormwater to the surface waters"of Northta'rolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All stormwater discharges shall .be'in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 • r SECTION C: LOCATION MAP Permit No. NCS000208 't' � 1 � �«. I- - �Ts Z•�- 1. � r".' !� i - r• a s E` Aid 1=.'s r' '� n»`��ixai'�r3�t:�'i'`-�� ��'"i^`'�` t���,.•��'' h . � *- 'it�:,- �`-ri_-.. ..1 L.f-i�y. 4 + w,�45,5�LcY •`i�_^t^r .tom... Sir fr,Et-f.��,�.nr' 4 'P ,L" er.f i7 �>:l Z•4r ,,: •'ra ,r'Ie' �„,�,,,qq, + •� rq-,4f•4'Six l/S� ,�c�, ,, ' :b'-4dik'!.' r -. - i { r.s ri ^it- 'L s,sr a[c ✓+ da a s r 1 I. yew ,� _k T .f i.,,.•��r �' �' 1'��,ta �� 1 �l ±_?i �i'V?i ii�,_ ;r; n�V it I { 7 h •r��a , .^A ~_ J r `yl --, '` F i r .� an �r.r>ra, `'`'`,r o •��sr1` } _ t J. 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Y. i�<,•' �� .i b{ • F q ems.<Sr=. `6 'Y�� 1X.'.i �� i s• rY.'t � +�r0i 1 ,i, i �r �rr �•- • •� `tf �'-s,,/{{" '" r-' .� �•-'- � r� "�''�r �f �i� :n -��n ) ,,� 1 - Z�, 'ii.+ K f � �� 3K�yj �J �. �'� �,- "� s r-'-'="�k �+, `'�+r "�..��,,���9�t'�E, tfip`S' I''? � �� �•t"�� ,� �_ r NCS000208 N w I: Military Ocean Terminal Sunny Point (MOTSU) Latitude: 340 UO' 42'I N Longitude: 770 58' 15" W Receiving Stream: Cape Fear River & Nigis Creek Stream Class: SC & SC; Srr, HQW Sub -basin: 03-06-17 (Cape Fear River Basin) �i��*7i��Y.va�'y►�j � gr� �f r Facility Location Part I Page 2 of 2 Permit No. NCS000208 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 I1I, 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 that 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 narne.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 o .the municipality and the ultimate receiving waters; and accurate latitukand longitude of the point(s) of discharge. The map should identify whether -each receiving water is unpaired (on the state's 303(d) List of impaired wafers) of is located in a watershed for which a TMDL has been established;'and ,"at the parameter(s) of concern are. North Carolina's 303(d) List can be found here: http://h2o.enr.state.ne.us/tmd[/General_303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enrstate.nc.us/tmdUTMDL_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 narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. A site map drawn to scale with the following items: (1) Distance legend and north arrow (2) Site property boundary and topography (3) Location of industrial activities (including storage of materials, disposal areas, process areas, and loading and unloading areas) (4) Drainage features and structures (5) Stormwater discharge points (outfalls) (6) Delineated drainage areas for each outfall (7) Drainage area for each outfall in acres and percentage or each drainage area that is impervious (8) All on -site and adjacent surface waters and wetlands (9) Building locations Part II Page 1 of 10 Permit No. NCS000208 (10) Existing BMPs and impervious surfaces 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. 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. 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.,,lri 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 Containmenf.Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of.the;Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances 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 stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices which shall be secured closed with a locking mechanism, 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 (5) years. 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 the potential of pollutant sources to contribute Part 11 Page 2 of 10 Permit No. NCS000208 significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 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 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, an oil SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping-Program.;A preventative m maintenance program shall be developed. The.prograshall document schedules of inspections and maintenance activities of storriiwater control systems, plant equipment and systems. Inspection of material handlingareas•and regular cleaning schedules of these areas shall be incorporated into the prograrii: 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 that 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 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 stormwater outfalls have been evaluated for the presence of non- stormwater discharges. 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 accordance with Part III, Standard Conditions, Section B. Paragraph 3) to the Director that the changes have been made. Part II Page 3 of 10 Permit No. NCS000208 Facility Inspection Program. Inspections of the facility and all stormwater systems shall occur at a minimum on a semi-annual schedule, once during the first half of the year (January through June) and once during the second half (July through December), with at least 60-days separating inspection dates (unless performed more frequently). 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. These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part Il of this pen -nit. 9. Implementation. The permittee shall implement the Plan. .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 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 11 Page 4 of 10 Permit No. NCS000208 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a 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). 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 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. -` Table 1. Analytical Monitoring Requirements Discharge Measurement Frequencyt Sample Sample Characteristics Units Type2 Location3 Cadmium mg/L semi-annual Grab SDO COD (Chemical Oxygen mg/L, . ` semi-annual Grab SDO Demand BOD; (Biological Oxygen mg� \'� . semi-annual Grab SDO Demand, 5-day) Lead, total recoverable mg/L semi-annual Grab SDO MBAS (Methylene Blue mg/L semi-annual Grab SDO Active Substances) Total Suspended Solids mg/L semi-annual Grab SDO Oil and Grease mg/L semi-annual Grab SDO H standard 1 semi-annual Grab SDO Total Rainfal14 inches I semi-annual Rain Gauge - Footnotes: l Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 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. Part 11 Page 5 of 10 Permit No. NCS000208 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. 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 period1*2 Sample Number Start End Year 1 --- Period 1 1 April 1,,2008" September 30, 2008 Year 1 — Period 2 2 October 1,,2008 March 31, 2009 Year 2 — Period 1 3 A061A, 2009 ' % September 30, 2009 Year 2 -- Period 2 4 October 1, 2009 March 31, 2010 Year 3 -- Period 1 5 -April 1, 2010 September 30, 2010 Year 3 — Period 2 6 Qctober;l; 2010 March 31, 2411 Year 4 — Period 1 7 - April 1, 2011 September 30, 2011 Year 4 — Period 2 8 J , October 1, 2011 March 31, 2012 Year 5 — Period 1 9, �. �; ' April 1, 20-12 September 30, 2012 Year 5 — Period 2 `10 �' , ' October 1, 2012 March 31, 2013 Footnotes: I 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. 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). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Part 11 Page 6 of 10 Permit No. NCS000208 Tahle 3. Benchmark Values for Analvtical Monitoring Discharge Characteristics Units Cadmium mg/L -Benchmark 0.001 COD (Chemical Oxygen mg/L 120 Demand BODS (Biological Oxygen m g/L 30 Demand, 5-day) Lead, total recoverable mg/L 0.03 MBAS (Methylene Blue Active mg/L 0.5 Substances) Total Suspended Solids mg/L „,. `' 100 Oil and Grease mg/L 30 PH standard ; 6 - Tier One If: The sampling results are above a benchimark;value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater..manageinent 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, or to bring concentrations to within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Part 11 Page 7 of 10 Permit No. NCS000208 Tier Two If: During the term of this permit, the 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. Repeat all 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 permittee is required to submit a monthly monitoring report indicating "No Flow." 4. Maintain a record of the Tier Two response'irt the. Storm' water Pollution Prevention Plan. During the term of this permit,..if the sampling results exceed the benchmark value, or are outside the benchmark range, for any'specific parameter at any specific outfall on more than four occasions, DWQ may: A", L • Require that the perminee increase or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. This site discharges to impaired waters experiencing problems with low dissolved oxygen. If a Total Maximum Daily Load (TMDL) is approved for this segment of the Cape Fear River, the permittee may be required to monitor for the pollutant(s) of concern in the future 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 permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. Part 11 Page 8 of 10 Permit No. NCS000208 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, and during the analytical monitoring event. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. QuaIitative Monitoring Requirements Discharge Characteristics Frequency) Monitoring Location2 Color semi-annual %.. 'SDO Odor semi-annual `SDO Clarity semi-annual' `SDO Floating Solids semi-annual , "' SDO Suspended Solids semi=annual SDO Foam semi-annual SDO Oil Sheen '' semi-annual SDO Erosion or deposition at the , f semi --annual SDO outfall Other obvious indicators semi-annual SDO of stormwater pollution Footnotes: l Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance Part II Page 9 of 10 Permit No. NCS000208 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 S. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Fre uenc ll Sample Typc2 Sample Location3 H standard semi-annual Grab SDO Oil and Grease MO semi-annual Grab SDO Total Sus ended Solids mg/1 semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain gauge - New Motor Oil Usage I jallons/month semi-annual,'%`j Estimate - Footnotes: ; r 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 re' scinded`,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 applicantinust 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 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 permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part 11 Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring _Discharge Characteristics Units Benchmark PH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 Part 11 Page 10 of 10 Permit No. NCS000208 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 annual basis. Secondary containment, as specified in Part II, Section A. Paragraph 2(b) of this permit, shall be accomplished within;12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time and existing facilities previously permitted and applying for renewal under this permit: The Stormwatcr Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from, the, operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as.specified in Part 11, Section A. Paragraph 2(b) of this permit shall be accomplished prior to the -beginning of discharges from the operation of the industrial activity. " ` 1 i Du to Comp] The permittee must comply with all conditionsof 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, ormodification; 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 $1 1,000 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).] 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 1 violations are not to exceed $1 1,000 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 $1 1,000 Partill Page 1 of 8 Permit No. NCS000208 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. Dutv 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 111, 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 -1 consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liabilitv / 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 31 1.ofthe;Federal•Act, 33 USC 1321. 6. Property Rights C r The issuance of this individual permit 11 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. . ti �\;I 7. Severability S, 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 Tam erin 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 I I I Page 2 of 8 Permit No. NCS000208 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 1. 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 Iater'than'A 80'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 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. 3. Signatory Requirements All applications. reports, or`information submitted to the Director shall be signed and certified. a. All applications to -be co'vered 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. 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; Part III Page 3 of 8 Permit No. NCS000208 (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the 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 bestof my "owledge 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." 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 2H .0100; and North Carolina General Statute 143-215.1 et. al.'-' Permit Actions` l The permit may be modifed,.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 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: Part III Page 4 of 8 Permit No. NCS000208 a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and The permittee submitted notices as required under, Part 111, 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 I. 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 thavis characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by'any otlier 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. mil! 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: Yl a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 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. NCS000208 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 outfali status, then sampling requirements may be performed at a reduced number of outfal Is, 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 Entry The permittee shall allow the Director, or an authorized representative {including an authorized contractor acting as a representative of the Director),,or` in , e.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; ,r' a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records'niust 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 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. 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 0213 .0506. Part I II Page 6 of 8 Permit No. NCS000208 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 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. 5. Planned Changes The permittee shall give notice to `the„ Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are`not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). �a 6. Anticipated Noncompliancet f The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. 7. BBy amass 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. K 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 Part III Page 7 of 8 Permit No. NCS000208 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 Ill Page 8 of 8 NCS000208 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. i The individual permit as modified or reissued under this paragraph shall also contain ny other requirements in the Act then applicable. ` PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS `✓ i 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 thel4vii6al Permit. PART -.VI DEFINITIONS I. 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. 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 l of 5 Permit No. NCS000208 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 �r The Federal Water Pollution Control Act. also known as'the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DWQ � l The Division of Water Quality, Department of Environment and Natural Resources. 9. Director} f rj The Director of the Division of Water -`Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. l 1. 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. 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. No Eiposure 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. NCS000208 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. Pen-nittee The owner or operator issued a permit pursuant to this individual permit. 18. Point Source Discharge of Stormwater r• Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch. channel. tunnel. conduit, well, or discrete fissure frorn which.sformwater is;or may be discharged to waters of the state. - 19. Representative Storm Event `\ A storin 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 inche§s has occurred. A single storm event may contain up to 10 consecutive hours ofno precipitation. For example, if it `rains for,2:hours without producing any collectable discharge, and then stops, a sample maybe 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 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. 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 Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 23, Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 3 13 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 That meet at least one of the following criteria: Part VI Page 3 of 5 Pages Permit No. NCS000208 (1) Is listed in Appendix D of 40 CFR part 122 on either Table Il (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 C WA at 40 CFR 116.4, or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 24. Severe Property Damage 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; finished materials such as metallic producta;-raw `mater"ials used in food processing or production; hazardous substances designated under section 10](14) ofCERCLA; 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, sla- 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 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. 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. NCS000208 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 ouifall, 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 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. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1),ofthe Ctean`Water Act. 34. Upset ,. Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit efflueni 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 improperoperation. 35. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fuel in-, lubrication, vehicle cleaning operations, or airport deicing operations. 36. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from 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 DEPARTMENT OF THE ARMY AMMUNITION TERMINAL GROUP (PROVISIONAL) 6280 SUNNY POINT ROAD SE MILITARY OCEAN TERMINAL, SUNNY POINT SOUTHPORT, NORTH CAROLINA 28461-5000 REPLY TO ATTENTION OF: Public Works Division Mr. Robert D. Patterson, PE Stormwater Permitting Unit NC Division of Water Quality 1646 Mail Service Center Raleigh, North Carolina 27699-1646 29 January 2008 Subject: Draft NPDES Stormwater Permit No. NCS000208 Dear Mr. Patterson; In reference to your letter received 3 January 2008, Military Ocean Terminal, Sunny Point (MOTSU) has reviewed the draft stormwater permit. The conditions and requirements that have changed are acceptable. MOTSU has no additional comments. If you have any questions or require any additional information, please contact me or Mr. David von Kolnitz at 910- r 457-8603. Sincerely, v Richard P. Lockwood, PE Environmental Engineer R19@00-Y1 D EFEB 0 12008 DENR -WATER QUAL Wetlands 8 Sbmwvater Branch Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality December 6, 2007 Military Ocean Terminal Sunny Point Attn: David Mikell Von Kolnitz, or successor 6280 Sunny Point Road Southport, North Carolina 28461-5000 Subject: NPDES Permit Renewal Application Military Ocean Terminal Sunny Point Permit Number NCS000208 Individual Stormwater Permit Brunswick County Dear Permittee: The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit -Number NCS000208 on July 7, 2004. We apologize for the lengthy delay in responding to your submittal and are now making every effort to review your permit renewal as expeditiously as possible. Our Unit anticipates making significant progress on individual permits over the next six months to reduce our backlog. We are currently beginning our review of your renewal application. - Please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. As long as you have submitted a complete renewal request package and maintain compliance with those permit conditions, stormwater discharges from this facility are authorized by that permit until the Division:issues a renewal permit or notifies you of an alternative action. No additional information is required at this time, but we may contact you in the future. Please notify us if any significant changes have taken place at this facility, or if an updated site map is available, since the time you submitted the renewal package. If you have any questions about this matter, please contact me at (919) 733-5083, extension 360. Sincerely, Robert D. Patterson, P.E. Environmental Engineer Stormwater Permitting Unit r Carolina NoNaturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Intemet: h2o.enr4tate.ne.us 512 N. Salisbury St, Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper MOTSU NCS000208 Permit Renewal Application cc: Wilmington Regional Office Stormwater Permitting Unit Files Central Files NCS000208 0 \N A r Michael F. Easley, Govemor �q0 William G. Ross Jr., Secretary G North Carolina Department of Environment and Natural Resources Coleen H. Sullins Director r Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Military Ocean Terminal — Sunny Point NPDES Permit Number: NCS000208 Facility Location: 6280 Sunny Point Road, Southport, NC (Brunswick County) Type of Activity: Packing and shipping of munitions for overseas transport SIC Code (if applicable): N/A Receiving Streams: Cape Fear River & Nigis Creek River Basin: Cape Fear River Basin, Sub -basin 03-06-17 Stream Classification: SC; Sw, HQW Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table I Facility Location: See Figure Response Requested by (Date): January 18, 2008 Central Office Staff Contact: Robert Patterson, (919) 733-5083, ext. 360 Special Issues: Issue Rating Scale:leas to, 10 hard Compliance history 4 Benchmark exceedance 6 Location (TMDL, T&E 6 species, etc) Other Challenges: 4 • Large facility with various potential pollutant sources Difficult Rating: 20/40 Special Issues Explanation: • Insert if necessary Description of Onsite Activities: Package and shipping of munitions. Ship via truck and ocean vessels. Munitions storage on paved and gravel pads. Various ship, rail, and vehicle maintenance. Documents Reviewed: • NPDES Stormwater Permit Application Materials • Draft October 2006 permit renewal by Aisha Lau Page 1 of 8 NCS000208 • Stormwater Permit File • 1999 Central File • Cape Fear River Basinwide Plan • Final 2006 303(d) List • Draft 2008 303(d) List • TMDL list • EPA Sector -Specific Permit, 2006 draft • Natural Heritage Program's Federal Threatened and Endangered Species Database • Check 40 CFR Subchapter N, Stormwater Effluent Guidelines History: • August 31, 1994: Permit first issued • November 19, 1999: Permit re -issued • July 7, 2004: Permittee submitted renewal application. • March 23, 2006: Changed facility linked to permit & Owner name changed • September 12, 2006: Owner name changed • October 9, 2006: Draft permit renewal sent to WiRO for staff report Page 2 of 8 I . V141. V 7 R .V NCS000208 MlIftary Ocean Terminal Sunny Point (MOTSU) N LaUW&: 3410 W 42" N NCS000208 Central Office Review Summary: 1. Owner's Other Permits: (if applicable) D 2. General Observations: Import/export/storage of ammunitions for DOD via truck, rail, and ship. Onsite rail, vehicle, and heavy equipment fueling, maintenance and repair. Have been making modifications to reduce potential for exposure to stormwater. Many various potential sources for exposure. 3. Impairment: The stream segment is not listed on the final 2006 303(d); but it is listed on the draft 2008 303(d) list as impaired for aquatic life. Basinwide Plan states that DWQ is currently developing a TMDL to address low dissolved oxygen. 4. Threatened and Endangered: Federal endangered: Shortnose Sturgeon; Federal threatened: American Alligator and Green Turtle 5. Location: see page 1 6. Industrial Changes Since Previous Permit: Outsourced maintenance on heavy equipment. Replaced some heavy equipment with new — lowered exposure potential. New railroad equipment repair facility allows for all repair work to be contained under roof, no repairs conducted outside now. New terminal -fueling point, all trains fueled directly from mobile fuel truck; rain guards to protect area during non-use; mobile fuel truck stored under a shed. Now over 85% containerized cargo movement; resulted in reduced equipment and material usage — lessening stormwater exposure. Added canopy over vehicle gas station. Replaced locomotive fuel station. 7. Analytical Monitoring Notes: Did not follow sampling schedule in permit; and missing data. At least one sample over benchmark for all parameters except pH, Total N, TKN, and N+N. S. Qualitative Monitoring Notes: No observations of significance. Some solids and turbidity observed in some samples. Page 4 of 8 NCS000208 Tablet: Analytical Monitoring Required Sampling Range Sample Date Total Flow (MGD) Precipitation (in) Duration (hours) Total N TKN Nitrate +Nitrite COD TSS Total P Lead, total Benchmark: 30 mg/L Benchmark: 20 mg/L Benchmark: 10 mg/L Benchmark: 120 mg/L Benchmark: 100 mg/L Benchmark: 2 mg/L Benchmark: 0.03 mg/L Outfall 1 111103-3/31103 '3/26/2002 0:61,�-':,, WHOM �'f' 0:012.; 411103-6130103 '.1{6113=04 0:34. + Z �; � :20' �"� �„2.85 , �- ; ' '"=1.44. 7/1 /03-9/30103 1011/03-12131/03 11/19/2003 1.04 69 85 0.29 Outfall 2 1 /1103-3131 /03 !4=&2002 v ;'" ► , :B3 t;` x ;'. - -" 106 " 48 411103-6130103 5113i'20 �?I �0344',%k;'1 T1:09 711103-9130103 1011/03-12/31103 11/19/2003 1.04 Outfall 3 1/l/03-3131103 612002" 411103-6/30/03 tw611m o.QV;:0:34,; 'aA 14'��: 't�:::A1`.01� � 'r` 0:13i �' .82.t 7/ 1 /03-9/30103 7 7o.0077 1011103-12/31/03 11/19/2003 1.04 50 0,22 Outfall 4 111 /03-3131 /03 jW1.20 w ,:�?'&-» 4/1/03-6130/03 ���6d1= �`034' j9 1:28t� =` MAS • •7`` 014.• 711 /03-9130103 1011103-12131103 11/19/2003 1.04 26 5 0'1 <0.003 Over Current Benchmark Data Not Collected Data collected outside of req'd date range Wage 5 of 8 NCS000208 Table 1 (cont.): Analytical Monitoring Required Sampling Range Sample Date Total Flow (MGD) Precipitation (in) Duration (hours) Cadmium Oil & Grease MBAS pH Benchmark: 0.001 mg/L Benchmark: 30 mg/L Benchmark: 0.5 mg/L Benchmark: 6-9 Outfall 1 1/1/03-3/31/03 03/2&2002" .0.831':'0` 4/1/03-6/30/03 �:;V..13/20 `'77,8:82`~ 711 /03-9/30/03 10/1103-12131103 11/19/2003 1.04 <0.002 <5 8.84 Outfall 2 111/03-3/31103 4=W2 2,L, 411103-6/30103 s15J13/20 0:349=. 711/03-9/30/03 1011/03-12/31103 11/19/2003 1.04 Outfall 3 111/03-3/31103 I= a 4 a Q"y63 ► v,. ., k21:4 -`ti 411/03-6130103 *011=004.�'':Qq°r'" 834��.. 7/1103-9/30/03 10/1/03-12131103 11/19/2003 1.04 <0.002 <5 0.276 7.15 Outfall 4 111 /03-3/31 /03 4/1103-6/30/03 �7: 7/1/03-9130/03 1011 /03-12131 /03 11 /19/2003 1.04 <0.002 0.07 7.7 Over Current Benchmark Data Not Collected Data collected outside of req'd date range Page 6 of 8 NCS000208 Revised Permit Recommendations: Analytical Monitoring: 1. Remove Total N. Based on sampling, add back in Cadmium, COD, Lead, MBAS, and oil & grease. Add BOD due to the draft 303d listing of the river for low dissolved oxygen. 2. pH will remain in the analytical monitoring requirements as per current DWQ monitoring strategy. 3. Due to a potential lag time between the expiration of this permit and its renewal, I have 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. "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 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." 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 parameter is in this permit, however.) 7. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in this permit. Other Proposed Changes to the Previous Permit: 1. 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. Discussions with permittee: David Von Kolnitz, 910-457-8485, December 10, 2007 1. Q: Any facility changes since the renewal application was submitted in 2004? a. ANSWER: Yes, sending SPPP updated March 2007. 2. Q a. ANSWER: 3. Q a. ANSWER: Page 7 of 8 NCS000208 Recommendations: Based on the documents reviewed, the application information submitted on July 7, 2004 sufficient to issue an Individual Stormwater Permit.. Prepared by (Signature) U - / <='G, Date Stormwater Permitting Unit Supervisor /` 40a Date f z /(L Zv 7 r Concurrence by Regional Offce J1�4rlt:i, "�, cll r 'L . Date ,,?7..G� Water Quality Supervisor -1 Date ��i.� _1 7 _ _r�CC? � Regional Office Staff Comments CLC /Lo r o;��.2C'f� .��cZ�"t4.c / 1 �• � Cyr-(7�i�(°..�r'CY _L-,:,.:) , � y��L`)�- �-s� �'_ L� �-y Page 8of8 NCS000208 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 'i43-21 5.1, other lawful standards and regulations promulgated and adopted by the,North Carolina Environmental Management Commission, and the Federal Water Pollution'Control Act, as amended. .r Military Ocean Terminal Sunny Point is hereby authorized to discharge stormwater from a facility located at Military Ocean Terminal Sunny Point 6280 Sunny Point. Road f ' Southport. NC Brunswick County to receiving waters designated as the Cape Fear River & Nigis Creek, a class SC, Sw, HQW 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. Note: Draft Permit Dates are Approximate This permit shall become effective April 1, 2008. This permit and the authorization to discharge shall expire at midnight on March 24, 2013 Signed this 241h day of March, 2008. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000208 , PART Section A: TABLE OF CONTENTS INTRODUCTION Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART 1I MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements` Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply . 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers 8 Permit No. NCS000208 3. Signat6ry' 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 Storrnwater 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. Dischargc 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. NCS000208 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishingto obtain a No Exposure Certification must submit a No Exposure Certification .NOI form. to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once every five (5) years. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified 'or revolved, the permittee is authorized to discharge stormwater to the surface waters of Norih 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 stormwater discharges shall Win accordance with the conditions of this permit. Any other point source discharge ta'surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this 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. 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NCS000208 N W I r 5 Military Ocean Teriuinal Sunny Paint (MOTSU) Latitude: 340 00' 42" N Longitude: 770 58' 15" W Receiving Stream: Cape Fear River & Nigis Creek Stream Class: SC & SC, SW, HQW Sub -basin: 03-06-17 (Cape Fear River Basin) ♦.�•.. "ern ++��'`: Facility Location Part I Page 2 of 2 Permit No. NCS000208 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The pen- ittee 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 that may be expected.to contribute to contamination of stormwater discharges. The site plan shall contain the,following: a. A general location map (USGS quad rangle.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. The map should identify whether eachxeceiving water is impaired (on the state"s 303(d) List of impaired wat6m) 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.eni.state.n'C'.us/tmdl/Gencral-303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enr.state.ne.us/tmdUTMDL_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 narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. A site map drawn to scale with the following items: (1) Distance legend and north arrow (2) Site property boundary and topography (3) Location of industrial activities (including storage of materials, disposal areas, process areas, and loading and unloading areas) (4) Drainage features and structures (5) Stormwater discharge points (outfalls) (6) Delineated drainage areas for each outfall (7) Drainage area for each outfall in acres and percentage or each drainage area that is impervious (8) All on -site and adjacent surface waters and wetlands (9) Building locations Part11 Page l of 10 Permit No. NCS000208 (10) Existing BMPs and impervious surfaces- 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. 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. 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 storm" water. 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 11 diverting the stone" water`runoff away from areas of potential contamination. b. Secondary Containiment,Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the;Superfund Amendments and Reauthorization Act (SARA) water pnority`chemicals; and storage in any amount of hazardous substances 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 stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices which shall be secured closed with a locking mechanism, 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 (5) 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 the potential of pollutant sources to contribute Part H Page 2 of 10 Permit No. NCS000208 significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 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 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, an oil SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping -Program. -A preventative maintenance 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. i1 I 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. far 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 that 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 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 stormwater outfalls have been evaluated for the presence of non- stormwater discharges. 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 accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. Part II Page 3 of 10 Permit No. NCS000208 8. Facility Inspection Program. Anspections-of the facility and -all stormwater systems shall occur at a minimum on a semi=annual schedule;:once,during the first half of the year (January through June) and once during the second half (July through December), with at least 60-days separating inspection dafes'(unless performed more frequently). 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. These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part lI of this permit. 9. Implementation. The permittee shall implement the Plan. 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 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. •/ rJ f : 1 is Part 11 . Page 4 of 10 Permit No. NCS000208 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a 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). 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 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. Table 1. Analytical Monitoring Requirements Discharge Measurement Frequencyt Sample Sample Characteristics Units Type2 Location3 Cadmium m L ; ,semi-annual Grab SDO COD (Chemical Oxygen g/L f­semi-annual Grab SDO Demand BOD; (Biological Oxygen ;- mglL semi-annual Grab SDO Demand, 5-day)` Lead, total recoverable m L semi-annual Grab SDO MBAS (Methylene BIue -` —`mg/L semi-annual Grab SDO Active Substances) Total Suspended Solids mg/L semi-annual Grab SDO Oil and Grease m L semi-annual Grab SDO H standard semi-annual Grab SDO Total Rainfall4 inches semi-annual[Rain Gauge 1- Footnotes: 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. 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. Part 11 Page 5 of 10 Permit No. NCS000208 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. 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 period"2 Sample Number Start End Year 1 — Period 1 1 April 1, 2008" September 30, 2008 Year 1 — Period 2 2 October 1, 2008 March 31, 2009 Year 2 — Period 1 3 April;l, 2009 September 30, 2009 Year 2 — Period 2 4 October,l; 2009 March 31. 2010 Year 3 — Period 1 5 -April, 1, 2010 September•30, 2010 Year 3 — Period 2 6 ' ` October;.l; 2010 March 31, 2011 Year 4 — Period 1 7 ; :%` April 1, 2011 September 30. 2011 Year 4 — Period 2 8 �% ' `�_October 1, 2011 March' 31, 2012 Year 5 —.Period 1 9, `_ "" April i, 2012 September 30,.2012 Year 5 — Period 2 '10 ` - `�, October 1, 2012 March 31, 2013. .- Footnotes: > I Maintain semi-annual monitoring during permit renewal process. The applicant must continue-scmi=annual monitoring until the renewed pemtit 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. 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). Exceedences of benchmark values require the permittee to inerease"monitoring, increase management actions, increase record keeping, -and/or install ' stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Part If Page 6 of 10 Permit No. NCS000208 Table 3. Benchmark Values for Analvtical Monitoring Discharge Characteristics Units Benchmark Cadmium mg/L 0.001 COD (Chemical Oxygen mg/L 120 Demand BODS (Biological Oxygen mg/L 30 Demand.5-da } Lead, total recoverable mg/L 0.03 MBAS (Methylene Blue Active mg2 0.5 Substances) Total Suspended Solids mg/L -100 Oil and Grease mg/L 30 -' pH standard = . b - 9 Tier One If: The sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: I . Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential, and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations to within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Part 11 Page 7 of 10 Permit No. NCS000208 'Tier Two' If: During the term of this permit, the sampling results are -above the benchmark'values, or outside of the benchmark range, for any specific parameteri.at a specific discharge outfall two times in a row (consecutive); Then: The permittee shall: 1. Repeat all 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 benchrr ark -range, for all parameters at that outfall '. . 3. If no discharge occurs during the sampling period., the per' ittee 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. , During the term of this permit,.if the sling results exceed the benclmark value, or are outside . the benchmark range, for any specific parameter at any specific outfall.on more than four occasions, DWQ may: • Require that the permittee increase or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or _ • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. This site discharges to impaired waters experiencing problems with low dissolved oxygen. If a Total Maximum Daily Load (TMDL) is approved for this segment of the Cape Fear River, the permittee may be required to monitor for the pollutant(s) of concern in the future 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 permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. Part 11 Page 8 of 10 Permit No. NCS000208 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, and during the analytical monitoring event. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qualitative Monitoring Requirements Discharge Characteristics Frequencyt Monitoring Location-2 Color semi-annual SDO Odor semi-annual • SDO Clarity semi-annual - DO Floating Solids semi-annual , ` SDO Suspended Solids semi =adriual' • _ ' SDO Foam semi-atintal- SDO. Oil Sheen %'semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 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. 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 stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance Part II Page 9 of 10 Permit No: NCS000208 areas. and in accordance with the schedule•�resented 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 uen l Sample T e2 - Sample Location3 H standard semi-annual Grab SDO Oil and Grease m semi-annual Grab SDO Total Suspended Solids mg/1 semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain gauge New Motor Oil Usa e 1 gallons/month. 1 semi-annual =%' Estimate 1- - 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 perntittee 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 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. r� 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 permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part 11 Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring :Discharge Characteristics Units Benchmark pH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 PartII Page 10 of 10 Permit No. NCS000208 PART 111 •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 annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time and existing facilities previously permitted and applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from.the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part It, 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 Comnty ' 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. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $271500 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 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 $l 1,000 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).] 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 $1 1,000 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 S 11,000 Part ill Page I of 8 Permit No. NCS000208 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. 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, 143-215.613, 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 311.6f theFederal,ct. 33 USC 1321. 6. Property Rights The issuance of this individual permit does nbt.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 infring men of Federal, State or local laws or regulations. 7. Severability 1. .1 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. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this 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 I I I Page 2 of 8 Permit No. NCS000208 10. . .- Penalties forTalsification 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 I. 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 J� , 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>I80 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143 Z 153.6 and 33 USC 1251 et. seq. 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, repo rts,.6rinformation 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; Partill Page 3 of 8 Permit No. NCS000208 (2) The authorization specified either an individual or a -position havingresponsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent; a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the 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. 1 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 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 Adininistrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. 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 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. 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: Part III Page 4 of 8 Permit No. NCS000208 a. Bypass was unavoidable to prevent loss of life, personal injury or severe.property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above. the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS f J I. Representative Sampling Samples collected and measurements taken, as required therein, 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 cbaracteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any ather waste stream, body of water, or substance. Monitoring points as specified in this permit shallnot 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. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The 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. Part III Page 5 of 8 Permit No. NCS000208 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 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 fora 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; r_ �\ '\V a. Enter upon the peri ittee's premises where a regulated facility or activity is located or conducted, or where records`riiust 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; 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 Dischar a Monitorin 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. 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 TI5A 02B .0506. Part III Page 6 of 8 Permit No. NCS000208 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 Re arts 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'143-215.6B 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 a1cparameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the,Director.as soon as possible of any planned changes at the permitted facility which could significantly -alter the nature or quantity of pollutants discharged. 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. 7. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the 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. 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 Part III Page 7 of 8 Permit No. NCS000208 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. 9. 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. I �e Part III Page 8 of 8 NCS000208 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: 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 r 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 mariner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. f PART VI DEFINITIONS I I. 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. 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. NCS000208 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 DWQ �� r The Division of Water Quality, Department of En'Vironment and Natural Resources. 9. Director The Director of the Division of Water_Quality, the permit issuing authority. 10. EMC �, �• The North Carolina Enviromm�ental Management Commission. r ` ,I 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. 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. 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 V I Page 2 of 5 Pages Permit No. NCS000208 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, Permittee The owner or operator issued a permit pursuant to this individual permit. 18. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but,not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is:or may be discharged to waters of the state_ 19. presentative 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 2.1iours 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 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. 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. Seconda[y Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 23. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title I I I 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: Part VI Page 3 of 5 Pages Permit No. NCS000208 (1) Is listed in Appendix D of 40 CFR part 122 on either Table I I (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 31 1(b)(2)(A) of the CWA at 40 CFR 1 16.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 24. 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. ! -' i 25. 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. 26. Sigrnificant 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 1 17:21) 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 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. 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. NCS000208 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 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'Cle'n.W.ater Act, section 303, establishes the water quality standards and TMDL programs. �- 33. Toxic Pollutant Any pollutant listed as toxic under Section.307(a)(1).of the Clean Water Act. 34. U set fir" i Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent -Iimitations 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, gravity, or ice from 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 V1 Page 5 of 5 Pages DEPARTMENT OF THE ARMY MILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND 597th U.S. ARMY TRANSPORTATION TERMINAL GROUP 6280 Sunny Point Road SE MILITARY OCEAN TERMINAL, SUNNY POINT SOUTHPORT, NORTH CAROLINA 28461-5000 REPLY TO ATTENTION OF: 1 July 2004 Public Works Division Individual Permit Renewal Division of Water Quality Attn: Aisha Lau Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Subject: Stormwater permit NCS000208 Dear Ms. Lau; j JUL7 2004 f f11 P r.1 I Enclosed you will find the necessary information to process our industrial stormwater permit renewal application.. If you find any information missing or need further -assistance please call Mr. David von Kolnitz at (910) 457-8425. Sincerely, aA- Richard P. Lockwood, PE Acting Chief, Public Works Division Enclosures 0 PERMIT COVERAGE p RENEWAL APPLICATION FORM permit Number National Pollutant Discharge Elimination ,System NCS000208 Stormwater Discharge Permit THIS APPLICATION MUSTBE SIGNED AND RETURNED ALONG WITH THE REQUESTED SUPPLEMENTAL INFORMATION TO THE DIV. OF WATER QUALITY IN ORDER FOR YOUR FACILITY_TO QUALIFY FOR RENEWAL OF YOUR STORMWATER PERMIT NCS000208 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections as necessary in the space provided to the right of the current information. OWNER INFORMATION OwnerlOrg. Name: MILITARY OCEAN TERM SUNNY PT Owner Contact: Mailing Address: Phone Number: Fax Number E-mail address: FACILITY INFORMATION Facility Name: MILITARY OCEAN TERM SUNNY PT Facility Contact: Facility Address: MOTSU SOUTHPORT. NC 28461 Phone Number: Fax Number E-mail address: PERMIT INFORMATION Permit Contact: DAVID MIK£LL VON KOLNITZ Mailing Address: MOTSU-PW SOUTHPORT, NC2846I Phone Number: 9t04578425 Fax Number: E-mail address: DISC14ARGE INFORMATION Discharge Receiving Water: CAPE FEAR RIVER Stream Class: SC SW HQW Basin: Sub -Basin #: 030617 Number of outfalls: CERTIFICATION OmmI,ro-oEa 628D 6uwN%1_zo10T CZOAZ� SOUIHPop-i NL X9,461-5000 (Q l u) Li 5-4- F556 :�q 10) q5:1 - -0 6 9 �t�3+lc wnZt�s t7tu>Is,c•-� 62 S O StAO" Poi r+ , t2aA�7 ` 940) 45_�i _qZ�tl (alo) y5'4- S36r, D �; to W OIA Fbt t-r 1V-0 �qjo)_L -4- g 7 I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature i Date l v N LNLT7- IJ%CLZrf-m--tOrL SLLEH7AS\ Print or type name of person signing above Title Please return this completed renewal application form to: Individual Permit Renewal Attn: Aisha Lau Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 SUPPLEMENTAL. INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: (Do not submit the site Stormwater Pollution Prevention Plan) Initials A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. l —IC 2. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical -sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. * 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. W fC 4. A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP's. 4JO l� S. A short narrative describing any significant changes in industrial activities at the permitted .facility. Significant changes could include the addition or deletion of wort` processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. l`" 6. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). * If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) Representative storm sampling may now be conducted anytime during the year (the -April to November window has been eliminated) and the representative rainfall event is now defined as a storm event that measures greater than 0. I inches and is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. STORMWATER POLLUTION PREVENTION PLAN DEVELOPMENT AND IMPLEMENTATION CERTIFICATION N.C. Division of Writer Quality, Stowzwater and Genead Permits U11it Facility Name: MILITARY OCEAN TERM SUNNY PT Permit Number: NCS000208 Location Address: MOTSU SOUTHPORT, NC 28461 County: BRUNSWICK "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate, and complete" "I certify that the SPPP has been developed, signed and retained at the facility location and the SPPP has been fully implemented at the named facility location in accordance with the terms and conditions of the stormwater general permit." "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations" Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND THE S'rORMWATER POLLUTION PREVENTION PLAN WITH THE CERTIFICATION. Signature 1 Lam- Date aq { AV y l] VD1.1 F+-1V}GJ!L&Mc 9i. 715<- Print or type name of person signing above Title SPPP Certification ?l99 Military Ocean Terminal, Sunny Point Stormwater Permit Renewal NCS000208 Significant Changes. The Military Ocean Terminal, Sunny Point (MOTSU) has outsourced most maintenance on heavy equipment to local commercial vendors. Recent acquisition of newer heavy equipment and disposal of older equipment has lowered exposure potential of stormwater to petroleum contaminants. The newer equipment have lower numbers of breakdowns or leaks. MOTSU recently constructed a new railroad equipment repair facility. New structure has capability to have all repair work contained under roof. No repairs are conducted outdoors now. New project to replace terminal -fueling point underway, all trains will be fueled directly from mobile fuel truck. The Fueling point will have rain guards to protect area during non-use. MOTSU's mobile fuel truck now stored under a shed during non-use. Implementation of Best Management Practices on -going to include training to required individuals. Terminal's main mission now over 85 % containerized cargo movement. This has reduced the required equipment and material usage resulting in drastically reducing stormwater exposure potential. SEC HON 5 STORM WATER POLLUTION PREVENTION PLAN BEs'r MANAGEMENT PR,IcrICEs MII.ITA RV OCEAN TERMINAL, SUNNY POINT, SOUT11POR'r, NORTH CAROLINA SELECTION 5. BEST MANAGEMENT PRACTICES SELECTION Best Management Practices (BMPs) are measures used to prevent or reduce the potential of pollution From any type of activity. BMPs are a very broad class of measures and may include process, procedures, scheduling activities, prohibitions on practices, and other management practices to prevent or reduce storm water pollution. In essence, they are anything that may be identified as a method, short of actual treatment, to curb storm wa- ter pollution. This section describes "baseline" BMPs that must be included in the SWPPP and offers guidelines on selecting more "advanced" BMPs that are tailored to specific pollutant sources. 5.1 BASELINE BEST MANAGEMENT PRACTICES . The USEPA has identified eight baseline (BMPs) for implementation at all NPDES- permitted facilities. These baseline BMPs have been adopted and expanded by MOTSU for implementation at all departments and operations within MOTSU that may directly or indirectly impact human health or the environment. The baseline BMPs are described in the following sections. Baseline BMP 1 - Employee Training Personnel training is essential to effective implementation of the SWPPP. Personnel at all levels of responsibility will be trained in the components and goals of the NPDES pro- gram and the SWPPP. Training will address each component of the SWPPP, including how and why tasks are to be implemented. At a minimum, the following will be part of the training program: • Personnel will be trained to identify and manage potential spills that can occur from equipment and containers of petroleum products (i.e. gasoline, diesel fuel, oil, lubricating grease, hydraulic fluids, etc.). a Employees will be trained in proper good housekeeping practices which include: AI-[ Environmental Consultants 5-1 Final Plan, May 2004 os13-n 1 SEc r1oN 5 STORM WATER POLLUTION PREVENTION PLAN BEST MANAGEMENT PRACTICES MILITARY OCEAN TERMINAL, SUNNY POINT, SOUTnPORT, NORTH CAROLINA SELECTION - Regular vacuuming and/or sweeping; - Cleaning up spilled materials; - Identifying where brooms, vacuums, absorbents, foams, neutralizing agents, and other good housekeeping and spill response equipment are located; - Instruction on securing drums and containers; and, - Frequently checking for leaks and spills of various materials. • Personnel will be trained to .recognize toxic and hazardous substances located at the facility. Personnel will be trained in: - Proper organization and storage of materials; and, - Identification oftoxic and hazardous substances stored, handled, and produced on -site. Personnel refresher training will be held on an annual basis. New personnel will receive training within thirty (30) days of assignment. Personnel training will be documented on the Training Sign -In Sheet found in and maintained 'as part of this SWPPP. The SWPPT Leader will coordinate training for all SWPPT members in the elements of the SWPPP SWPPT members will coordinate training on the proper implementation of BMPs for all personnel within their jurisdiction. Baseline BMP 2 - Good Housekeeping Housekeeping is part of daily operations. Good housekeeping includes continuously- im- proving operations and maintenance of processes and equipment, proper storage of mate- rials and wastes, maintaining routine cleanup schedules, maintaining well organized work areas, and promoting; safe work habits of personnel. Specific good housekeeping proce- dures implemented at the MOTSU include: • Maintaining clean, dry floors and work areas, with regular sweeping at least once per week; • Regular removal of garbage and waste material; • Prompt cleanup of spilled materials to prevent migration; • Proper material and waste storage practices, including adequate aisle space to provide for material transfer and easy access in the event of an emergency; and • Neat and convenient storage of housekeeping and spill response kits (brooms, vacuums, absorbents, foams, neutralizing agents, containment booms, etc). AH Environmental Consultants 5-2 Final Plan, May 2004 083-OI SECTION 5 STORM WATER POLLUTION PREVENTION PLAN BEST MANAGEMEN-r PRACTICES MILITARY OCEAN TERMINAL, SUNNY POINT, Sourill'ORT, NORTiI CAROLINA SELECTION Baseline BMP 3 Visual Inspections Routine visual inspections are conducted to identify conditions that may become a pollu- tion source or a risk to site personnel. The visual inspection program concentrates on all areas that could potentially be the source of a material release, fire, explosion, or storm water pollutant (e.g., loading docks, storage tanks, pumps and piping, and drum storage areas). A variety of visual inspections are performed at MOTSU to satisfy environmental: health and safety, and security requirements. These inspections serve as a periodic check for indications of storm water pollution. The following inspection programs are recognized by the SWPPP: • Fire prevention inspections are conducted by the Terminal Fire Department. The frequency of the inspections may vary from building to building depending on the operations. and material stored within each structure. The inspections use a standard checklist form for documentation and the Fire Department maintains records of the inspections. • Health and Safety inspections are conducted annually by the Safety Office. The inspections are documented and filed within the Safety Office. Certain areas of the facility that have been identified as high risk to employees or property, due to the types of work performed or equipment used, are inspected quarterly. Inspection reports are not filed with the Environmental Manager; however; all .relevant information regarding environmental issues is forwarded to the Environmental Manager. • Storage tank visual inspections are conducted on a quarterly basis. Two USTs are equipped with automatic tightness testing sensors. The visual inspections are documented and Fled with the Environmental Manager. Baseline BMP 4 - Hazardous Waste and SWPPP Inspections IvMOTSU conducts routine security inspections of the facility. These inspections would notice most outdoor spills, accidents, fires, and other situations that would require emer- gency responses. In addition to the above inspections, the Environmental Manager will conduct annual in- spections of the facility to ensure that the SWPPP is current and accurate. The following AH Environmental Consultants 5-3 Final Plan, flay 2004 083-01 SECHON 5 STORM WATER POLLUTION PREVEN'r1ON PLAN BEST MANAGEMENT PRA(.I'ICFS MIUTAR)' OCEAN TERMINAL, SUNNY POINT, S01r1-1woRi', Noirrn CAROLINA SELECrION items will be reviewed, verified, or performed during the: SWPPP visual inspections (note: several of these items are also inspected as part of other programs); • Secondary containment structures and sumps are drained of storm water following analysis to confirm that water is not contaminated; • Spill kits, if required, are properly placed and supplied; • Loading and unloading areas are free from debris or other contaminants; • Outdoor dumpsters do. not contain material that could contaminate storm water discharge (solid waste from routine operations is stored indoors where possible) and do not contain waste in excess of their capacity; • That another means of storage is used to hold possible contaminants until they can be disposed; and • Raw material drums or other containers are in good condition, have no leaks, are closed, are properly labeled, are stored in a safe area, and if needed are held within secondary containment. During the quarterly inspections, the Environmental Manager will evaluate the effective- ness of the SWPPP and modify the plan as necessary to reflect facility changes. The in- spections, and all comments and action items identified over the course of the inspec- tions, will be documented and incorporated into the SWPPP. The Environmental Man- ager is responsible for ensuring that noted deficiencies are corrected within a reasonable time frame. Baseline BMP 5 - Preventive Maintenance Preventive maintenance involves the regular inspection and testing of equipment and storm water systems. The purpose of these inspections is to uncover conditions such as cracks or slow leaks that could result in discharges of oil, chemicals, or other materials. The preventive maintenance schedule prevents breakdown and failures by adjustment, repair, or replacement of equipment. MOTSU's preventive maintenance program in- cludes: • Identification of equipment, systems, and facility areas to be inspected. This includes piping, pumps, storage tanks, valves, material handling equipment, and catch basins; • Periodic inspections or tests of the equipment and systems; AH Environmental Consultants 5-4 Final Plan, May 2044 083-U 1 SECHON S STORM WA"rER POLLUTION PREVENTION PLAN BEST MANAGEMENT PRACTICES MILI'rARY OCEAN TERMINAL, SUNNYPOINT, Sotrrnpoii'r, NORTII CAROLINA SELEC710N • Appropriate and timely adjustments and repair or replacement of equipment and systems; and • Maintenance of all documents showing equipment/system inspections, repairs, and replacements. Baseline BMP 6 - Spill Prevention and Response Spill prevention and response is covered in the Integrated Spill Plan Baseline BMP 7 — Erosion and Sediment Control Soil erosion and sediment control (E&SC) measures minimize the erosion and transport of sediment into natural water bodies. During the quarterly SWPPP inspections, the En- vironmental Manager inspects the entire facility to identify bare areas or areas susceptible to erosion. The contracting office has responsibility for inspection of construction pro- jects in accordance with the respective E&SC Plan. In general, three guidelines for re- ducing the potential for erosion are followed at MOTSU: • Bare areas that do not show signs of channeling, are sodded or seeded. This establishes a low -maintenance, permanent ground cover more resistant to erosion. • Areas that are too steep to seed or exhibit signs of channeling are covered with rip -rap. Similar to the seeding, rip -rap minimizes erosion by reducing runoff velocity and filtering sediment laden runoff as it passes through the rip -rap. • Areas susceptible to erosion are regularly inspected for signs of erosion or sedimentation. • All areas that are erosion prone or where construction is occurring on Base should be inspected regularly. A recommended Sediment and Erosion Control Checklist (Checklist #5) is contained- in Appendix C. Baseline BMP 8 - Management of Runoff This practice seeks to offset the increase of impermeable area in a watershed by imple- nienting mitigation measures that divert, inhibit, or reduce overland flow and reduce the effect of degradation of storm water quality by filtering runoff from industrial areas. Measures employed at MOTSU include maintenance of large permeable areas (grassy and forested), use of secondary containment around tanks and covered containment pal- AH Environmental Consultants 5-5 Final Plan, May 2004 as3-o 1 SECTION S STORM WATER POLLUTION PREVENTION PLAN BEST MANAGEMENT PRACTICES MILITARY OCEAN TERMINAL, SUNNYPOINT, Solrnwom', NORTII CAROLINA SELE(TIUN lets for 55-gallon drums, the use of naturally vegetated swales to convey runoff from por- tions of the site, and the maintenance of an effective storm water system. New construe- tion projects are designed using the State of North Carolina storm water guidelines. Baseline BMP 9 — Record keeping and Reporting The Environmental Division personnel maintain records of events that occur on site as a means of tracking the progress of pollution prevention efforts and to develop 'Improved BMPs. Records include documentation of all spills, leaks, and related incidents. Record keeping also includes maintaining employee training records, inspection documentation, and internal and external correspondence. 5.2 STANDARD OPERATING PROCEDURE BMPS The following is a list of BMPs that were found to be a part of standard operating proce- dures generally implemented throughout the Base: • All spills are reported to a single contact, Terminal Fire Department. • Industrial activities are conducted inside and storm water contact is minimized. • Good housekeeping procedures are applied throughout MOTSU. • Drip pans are available for equipment stored and/or maintained outside. • Hazardous liquids contained in 55 gallon drums and smaller are stored -on secondary containment pallets. • Consideration is given to segregation of stored materials in contained areas. • Maintenance activities for vehicles are performed under a roof, if possible. • Most Terminal vehicles are washed at the vehicle wash rack. The Fire Department washes response vehicles daily with mild soap and water rinses with no degreasing. No POVs are washed at MOTSU. • Exposure minimization is practiced throughout MOTSU. • HAZMAT areas including Satellite Accumulation Points (SAPS) are located inside buildings. • All ASTs have secondary containment and any accumulated structure storm water is inspected prior to release. • Spill kits are readily available at liquid and hazardous waste storage areas. The kits are properly labeled and easily accessible. AH Environmental Consultants 5-6 Final Plan, May 2GO4 oa3-o 1 SECTION 5 AV Ta STORM WATER POLLUTION PREVENTION PLAN BEST MANAGEMENT PRACTICES MILITARY OCEAN TERMINAL, SUNNY POINT, SOUTHPORT, NORTH CAROLINA SELECTION • All major vehicle and equipment painting is performed off site of MOTSU. • Proper security measures are in place throughout MOTSU. • Dumpsters and recycle bins are covered and plugged at all times to prevent rain from coming in contact with the contents in the containers. • Annual storm water pollution prevention and BMP training is provided to maintenance personnel. The following is a list of SOP BMPs that are recommended to be implemented: • Require contractors to remove junk/scrap vehicles and equipment from MOTSU. • Instruct Public Works Maintenance plumber on procedure to inspect secondary containment contents prior to release. • Park lawn mowers in covered storage bays when not in use. • Store maintenance equipment and vehicles in covered storage bays where practicable. • Remove all replaced electrical transformers as soon as contract allows. • Store de-icing salt under cover. • Store used batteries on a containment pallet and in covered area or in weatherproof cabinet. • When equipment and vehicle maintenance is performed outside of motor pool area and other locations, place watertight covers over storm water catch basin inlets down gradient from work. • Relocate 500-gallon used oil collection container located outside of Building 7 into nearby covered open storage bay. • Store gas cans at Building 7 in flammables cabinet. • Require Stevedore maintenance personnel at Building 35 to obtain and use drip pans for any outdoor maintenance performed and for outside storage of vehicles and equipment awaiting maintenance. • Require vehicle washing at Building 35 to be relocated to vehicle wash rack. • Wash Fire Department vehicles in grassed areas to minimize runoff. • Fire Department to store AFFF on containment pallets. • Fire Department to develop an AFFF management plan. • Provide and store drip pans aboard retches. • Place silt fencing around wood chip storage piles. AH Environmental Consultants 5-7 Final Flan, May 2004 083.01 SECTION 5 STORM WATER POLLUTION PREVENTION PLAN BEST MANAGEMENT PRACTICES MILITARY OCEAN TERMINAL, SUNNY POINT, SOUTHPORT, NORTH CAROLINA SELECTION • Store railroad ties in covered shelter or provide weatherproof cover over ties where stored in large quantities. • Perform inspections of buildings and facilities identified as potential pollutant sources and keep the records on file with SWPPP. • Coordinate the SWPPP BMPs with the ISP fo, spill control and response; and, • Have Contracting Officer make construction contractors aware of environmental permits and compliance issues for their respective project area. The following is a list of structural BMPs that are recommended to be implemented at MOTSU: • Widen the wash area at wash rack to accommodate contractor vehicles from Buildings 35 and 36. • Construct concrete pad for tracks where locomotives are stored at locomotive maintenance facility, collect, and treat storm water runoff from pad with oil/water separators). • Evaluate replacement of existing fueling facilities with a centralized fueling facility for locomotives and MOTSU and contractor vehicles that meets requirements for protecting exposure of storm water to contaminants. 5.3 SITE SPECIFIC 13MPs Site specific BMPs are related to industrial activities at each site. These BMPs consist of the practices in place and recommended BMP's, if any, for each of the MOTSU facilities. They are summarized Table 5-1. AH Environmental Consultants 5-8 Final Plan, May 2004 083-01 Military Ocean Terminal, Sunny Point Stormwater Permit NCS000208, Renewal Summary of Analytical Monitoring L/ Total' KJeldah:,-.',,,-- Nitrite,& — Total Lead,..Tctal . Cadmium Oil and -. Detergents pH Total Rainfall Nitrodeh:b y.�, NIM46 ft, ti Nltrate'-ai", Oirygeri Suspended! PhbsphoiUs- Re66%ibrabliq (ppm) Grease (MBAS) Date event Surfi,(p0m)--I, NH3 1W.' NO3+NOi-"N' b 4,-, Solldtu7 (POM ppm (0m (ppm) ppin .2, S ffl Zb 64' k-bi SDO 31,': SD04" �Y-. ,2002,,,. 220 106 0.012 <0.002 <5.0 0.454 26-Mar S!302-- 106 48 0.03 0.005 <5.0 0.503 0.63" SDOS-� " 342 327 0.362 0.017 21.4 :2003�:- sboi,." 69 85 0.29 0.034 <0.002 <5 0.552 8.84 19-Nov-03 SDOZ",a 1.04" 50 201 0.22 0.007 <0.002 <5 0,276 7.15 SD04 26 5 0.1 <0.003 <0.002 31 0.07 7.7 s D01, 4.29 2.85 1.44 80 <5 8.82 13-May-04 SD02-'r,. 1.09 0.95 0.14 41 <5 8.28 0.34" S D03: 1.14 1.01 0.13 62 <5 8.34 1.29 1.15 0.14 10 <5 7.67 Military Ocean Terminal, Sunny Point Stormwater Permit NCS000208, Renewal Summary of Visual Monitoring =r rilF. x v t Rainfall -� - Amount sr 4 a ,Color t f� _ .'t r ! ' ; , ,.. ,{;'Odom "zt -4�-r- a : ClarttyT w i d�"r .� ,Floating:Sollds y v �r_Sollds Suspended .-- - ' Foam _ Oil Sheen -Other indicators •r 2000' . c;!" .14' AU ust ,f . ;. 2.1 Clear No Clear No No No No None 181 September., 0.65 Clear No Clear No No No No None 29' M8y 0.75 lClear No lClear No No No Yes Sheen from Adm. Area parking lot and not motor pool area None. 30,August k . - 2A Clear No Clear No No No No None 2002:: 13 March 2.5 Clear to brownish No visible soils in water Yes Yes No No Heavy rains after 8 weeks of no cr minimal rain. Heavy run off in water. Visible soil sediments in water. :29 May 0.8 Clear No Clear No No No No None 27. August 1.25 Clear No Clear No No No No None 15.October 1.74 Clear No Clear No No No No None 10 December. 1.15 Clear No Clear No No No No None ]NO :2003"= 10 Feb 0.43 Clear No Clear No No No No None 17 June . 0.22 Clear No Clear No No No No None 0.91 Clear No Clear No No No No None 8'AU:'_j 1.27 Clear No Clear Na No No None 28'October_`-,:, 5.0 Clear No Clear No No No No None 2004 26 Janua . ;; 1.65 Clear No Clear No No No No None 26 February..• 1.8 Clear No Clear No No No No None 13 April "; _; _ 0.6. Clear No Clear No No No No None 0.34' Clear No Clear No No No No None x Ri. L_LGEND — - BLAST EASEMENT INSTALLATION BOUNDARY RAILROAD -- CHANNEL / WATERWAY SDO4 STORM DRAINAGE OUTEALL SAMPLING LOCATION �. (LAT 0w r42'` 'LONG < 1- .!t'"'I. ':i-l:t`I1 E I,• .I/J( '��\ II,:_ —._ _ \ �� J ! ii I 1 I i,,};r " :,n1 Il,rr• l:u_,le L- 4 'ate r�--7 5 1 t:.•sl -1? ir- ''UL•I "L'_i ' r:f.C. 1�,i•iYi �. f{, li :��:,_+_i--. i =. „J V F,:'[... {i {I .. �• :j1"�� 'I�JE~ !.t •'�• 1 ,' � F I.R'l•i��-�{; i�! 4r �.. _i �1'�.III J.',I .♦ :5 ADMINISTRATION AREA (FOR BLOWUP OF AREA. — ------ SEE FIGURE 2-3) 2000 0 4000 8000 SCALE IN FEET ADMINISTRATIVE AREA LUG NO DESCRIPTION I TRAFFIC MANAGEMENT DIVISION 3 PHOTO LAB /CAO 4 PUBLIC WORKS 5 EQUIP ADMIN/ DISPAtCH /AFGE 6 MOTOR REPAIR SHOP 7 VEHICLE PARTS AND TIRE SHED B WELDING SHED 9 MAINTENANCE SHED 11 GASOLINE STATION 12 OLD HEADQUARTERS BLDG 14 RAILROAD SHOP 15 COMMUNITY SERVICE CENTER 16 OLD GUARD HEADDUARTERS 17 FIRE STATION "I AND COMM CENTER 19 ACETYLENE AND OXYGEN STORAGE 20 FIRE DEPT STORAGE BLDG 21 SENTRY POST I (MAIN GATE) 22 SUPPLY ADMINISTRATION L WAREHCUSE 23 BOAT STORAGE SHED 24 CARGO OPERATIONS BLDG 25 DISPENSARY (HEALTH CtINIC) 26 HEADQUARTERS BLDG P7 PICNIC SHELTER 26 PICNIC SHELTER 29 SUPPLY STCRAGE 30 ENGINEER STCRAGE 31 MAINTENANCE EQUIPMENT SHOP 32 SECURITY HQ BLDG 35 STEVEDORE MAINTENANCE SHOP 36 STEVEDORE MAINTENANCE SHOP 37 HAZARDOUS MATERIAL STORAGE 40 WASHRACK STORAGE LEGEND C� BUILDINGS TRAIL RAILROAE MAJOR CONTOUR MINOR CONTOUR FENCE INSTALLATION BOUNDARY r TREELINE SRO STORM DRAINAGE OUTFALL SAMPLING LOCATION N I r 23 r / 27 i-��-,_-�'�i-lam �.�!• )-.�`•',� 1{r •� SD02= (LAT. 33° 59' 32" LONG. 780 Q' 44"} "�' �'r:' 1'-ley-`f �, � ----- � -. � 1 �,?� �Q �: '" •.�\ _ 5 36 9 30 - V ' 26 BOA SD03 _ (LAT, 33° 59' 29" LONG. 78° 0' 50') SDO1 ' (LAT. 33° 59' 28" LONG. 78° 0' 45") FEET 200 0 200 400 NFV L❑C❑M❑TIVE r"REPAIR FACILITY I 7 �w `19 " 29 20 GENERAL LOCATION MAP - ADMINISTR f VE AREA Storm Water Pollutton Prevention Plan Figure 2-3 Military Ocean Terminal, Stmny Point, Southport, North Carolina ADMINISTRATIVE AREA BL DG NO DESCRIPTION 1 TRAFFIC MANAGEMENT DIVISION 3 PHOTO LAB /CAD 4 PUBLIC WORKS 5 EQUIP ADMIN/ DISPATCH /AFGE 6 MOTOR REPAIR SHOP 7 VEHICLE PARTS AND TIRE SHED 8 WELDING SHED 9 MAINTENANCE SHED 11 GASOLINE STATION 12 OLD HEADQUARTERS BLDG 14 RAILROAD SHOP 15 COMMUNITY SERVICE CENTER 16 OLD GUARD HEADQUARTERS 17 FIRE STATION #1 AND COMM CENTER 19 ACETYLENE AND OXYGEN STORAGE 20 FIRE DEPT STORAGE BLDG 21 SENTRY POST I (MAIN GATE) 22 SUPPLY ADMINISTRATION L WAREHOUSE 23 BOAT STORAGE SHED 24 CARGO OPERATIDNS BLDG 25 DISPENSARY (HEALTH CLINIC) 26 HEADQUARTERS BLDG 27 PICNIC SHELTER 28 PICNIC SHELTER 29 SUPPLY STORAGE 30 ENGINEER STORAGE 31 MAINTENANCE EQUIPMENT SHOP 32 SECURITY HO BLDG 35 STEVEDORE MAINTENANCE SHOP 36 STEVEDORE MAINTENANCE SHOP 37 HAZARDOUS MATERIAL STORAGE 40 WASHRACK STORAGE LEGEND O BUILDINGS TRAIL RAILROAD MAJOR CONTOUR MINOR CONTOUR FENCE INSTALLATION BOUNDARY 35 37-A CD TREELINE Two -100Gallons 31-A Ow8 Mobile Gasdlre « Diesel UST Used Oil 139-A STORAGE TANK NUMBER 150Gallon PnvarwTank Heating Oil 5,00Dgetlons 5 Various Small Amounts 5,00D gallons AST TANK TYPE of Pabolam. Oita and Diesel MATERIAL STORED LubrinsntsSPOLe) 6009adlonis CAPACITY $DO STORM DRAINAGE OUTFALL BuiWirtgs 6,14,29.31. SAMPLING LOCATION 35,38,22%and III Vatnus POLs a 6-A 7-A AST Used 011 495 gallons i CLANS Used ON sw gallon Motor Oil 280gallona (LAT. 33`Sf2 T1 LONG. 78 0' 50'4�!}f .. � 35.8 AST Diesel 35-C 9 1.500 P110M AST 5 Gallon Contahena Gasoline of SuBvric Acid 500 gallons FEET 200 0 200 400 L 37 Up to Twenty 55 Galion Drums of Haaa iotn waste "N l 1 1 42-AQ�T - 2-A 1 3,000 gapone 28 sal J 27 >, BJ 1 iceel /� `- Q/ 1r/ I ,ODO pellona i —�� ' 15.0DDr 500 Gail 3 Q �. pp U5T Heat D1�G.78 0' S 2,00 g Oil gaikrn wRKa�+� 1 4 NEW LUC,]MOTIVE ( IREPAIR FACILITY 1 � Asir �� men" ON J. Used J 499galloz(v �_rt I, / t } r R, r•f . 4A •,•, _�-ALA Ct OWS `ff STORAGE TANK LOCATION DIAGRAM - ADMINISTRATIVE AREA Integrated Spill Contingency Plan Military Ocean Terminal, Sunny Paint, Southport, North Carolina PLATE 2 I LEGEND - BLAST EASEMENT INSTALLATION BOUNDARY RAILROAD CHANNEL / WATERWAY 139-A STORAGE TANK NUMBER AST TANK TYPE Diesel MATERIAL STORED 500 gallons CAPACITY 6,11 DISPOSAL AREA DIRECTION OF DRAINAGE vcr r�:Tr ^STA7 E:,n' � CVi,SSiS :CPAII 'LIST 2 rG- SiATlA 1SC_E :FL1Cr I++S L"CTil7" \ i;L rFi01 +iSl i!{F{ la lrilklal_ LEt.TEF„ ADMINISTRATION AREA - (FOR BLOWUP OF AREA, SEE PLATE 2) IORTH !AILRRAV NnL UINU YAR11 Neating Oa 50QgB� Ply r u I . r.G ^•REA— R TREAT NT U*1114 141 rt- IFSEL_ FIJf- NG S Irl AiNFR REST i1f F F E 'T, 10N F AClLI Ivy �ra v pF FiC -E = 15Q� FA ! \ V EA _T1rGH f.R - TRIKY -' auws Lai a Ar! 50 w 1lE InIHL' SI Sr' Ll -TRUST ASZuSrllc IRE AREA 41I16tr ! CIrA1iE ]yl — rl RA'aING To' R SRI! I H rlr_� ACCC5:� � A.I•ILRnAP k �lnL D u:rr� POS IA rnkfi/// LOVCRNER'S CRCLK 2000 0 4000 8000 SCALE IN FEET i NOet+' v-NofLhWharf Sulfuric Acid Battery Cells N I f 153-A AST rLT.?7H ; FnRC , Cfrn;Tl — I i Diesel SE:'nCL fit 11SAL Lr,G4f;J �A'jsnGIhGj'� 80gabons (SERiE'3; + � Center Wharf yAk4L St C pL1l, Rh I H'' 1 Sulfuric Add YARL1f Battery Cells �R/f 11 Water Treatment Building I F'LL'F: HCLniNG:•PS (S_rte_`.� Chlorine Gas Four 15QLh Cylinders LLq. DUAL i:GCd (;AMP) �IIILLL � rs. South Wharf yf j 55 Gallons Motor Oil --ca0 SCRIES CADS 55 Gallons Antifreeze STAGE IDISPQSAL Ln nEr.; 55 Gallons Bilge Cleaner � — -SGII l r. WH4Hf- i{AkIIS l4^;!1 n�'gw'4INZR tiaNGLp.G i c,�At:Ecn; lj. South Wharf 1 i 1 Sulfuric Add rISVIIr.f� PIrR Battery Cap-, L 11 4 J LEGEND BLAST EASEMENT INSTALLATI❑N BOUNDARY RAILROAD -- _--- CHANNEL / WATERWAY SDOA STORM DRAINAGE ❑UTFALL SAMPLING L❑CATION O N❑p-H �A1LV:i7A. 1 H❑LDING Ye-RD- I PTY TP,U. H❑L'DI G REA r Trr EA T IIEP;T UMPIN STAT !hl— DiLStL FU N STATI ' '' rq.TAINER E'ESTUFF _ F _ E . STATIC]]: #�- FACILITY- r "EST GATE �� SWITCHING STATI❑n i CHASSIS REPAIF SENTRY ! DST Z- WEIC3H STATI❑,d (SCALE TRUCK IN ECTi❑n i3L �f , vl'j C]R CONT -''DL GFN 1 F � EXPL ADMINISTRATION AREA - (FOR BLOWUP Or AREA, SEE FIGURE 2-3) ANGLE P55It1GBLDG : 134 AREA B�ilt;S NIGHT DR P. TRUCK H❑LDING PAP ~C❑NTAINE S SFECI AREA - TRUC SUSPECT ARE PiV❑UA . AREA eENTRY ' F ❑ST i(A InJIVERNOP'S C'PEEK DC_'f:- 2000 0 4000 8000 SCALE" IN- FEET �j Di SFE, L SD04 (LAT 4 r oNG fi �C as ELL #P I H?LL 300's I ti ;z j ` l / NORTH k'H',',RF HARDSTF,tiD SEWAGE I:I SPuSAL LAC❑r: ti �c TRUCK H❑LDING PADS (SERIc.S) ' R-'PFF �ST,=GINC, AREA /—LUMBER �I YiARD 1 SEWAGE jLiiSPOSAL LA0001J �1'r 1 � TRUCK wULTi`NG PADS (SERIES) ❑LD,: B❑AT p❑CK (RAMP)" - . 4 Q '. �3 4 400 SERFS CADS Erg AGE DiSPJS,;L LAGC7❑N — �S.IITH 1:! 1's!%E HAP.DSTAND ❑PlTAII�i ? ti rlilLlllG CPi NC I FISHING PIER 1,77 1 ADMINISTRATIVE AREA BLDG NO DESCRIPTI❑N 1 TRAFFIC MANAGEMENT DIVISI❑N 3 PHOTO LAB /CA❑ 4 PUBLIC WORKS 5 EQUIP ADMIN/ DISPATCH /AFGE 6 MOTOR REPAIR SHOP 7 VEHICLE PARTS AND TIRE SHED 8 WELDING SHED 9 MAINTENANCE SHED 11 GASOLINE STATION 12 OLD HEADQUARTERS BLDG 14 RAILR❑AD SHOP 15 COMMUNITY SERVICE CENTER 16 OLD GUARD HEADQUARTERS 17 FIRE STATI❑N #1 AND COMM CENTER 19 ACETYLENE AND OXYGEN STORAGE 20 FIRE DEPT STORAGE BLDG 21 SENTRY POST 1 (MAIN GATE) 22 SUPPLY ADMINISTRATI❑N & WAREHOUSE. 23 BOAT STORAGE SHED 24 CARGO OPERATIONS BLDG 25 DISPENSARY (HEALTH CLINIC) 26 HEADQUARTERS BLDG 27 PICNIC SHELTER 28 PICNIC SHELTER 29 SUPPLY STORAGE 30 ENGINEER STORAGE 31 MAINTENANCE EQUIPMENT SHOP 32 SECURITY HQ BLDG 35 -STEVEDORE MAINTENANCE SHOP 36 STEVEDORE MAINTENANCE SHOP 37 HAZARDOUS MATERIAL STORAGE 40 WASHRACK STORAGE LEGEND �I BUILDINGS TRAIL RAILROAD MAJOR CONTOUR MIN❑R CONTOUR - FENCE — INSTALLATION BOUNDARY TREELINE S❑O STORM DRAINAGE ❑UTFALL SAMPLING LOCATION SD02 (LAT. 330 5913211 LONG. 78" 0` 44") peRIMEl � e \v R RD �k IN�r Ta �X, LC� TI SDO3 (LAT. 3-30 59` 29" LONG. 780 0` 50") 23 JQ` a r� _41� 4 36 35� 0 _ i9�3I 30 40 SDO I (LAT-. 33" 59' 28" LONG. 780 0' 45") FEET 200 0 200 400 1`- NEW LOCOMOTIVE REPAIR FACILITY .� C of r 16 E? 21 32 jam= 1- 0' 2 _2^ LU GENERAL LOCATION MAP - ADMINISTRATIVE AREA - Stormwater Pollution Prevention Plan Figure'2-3 A-R;,r- Eh'VlIROh!►ALCONSULTANTS - Military Ocean Terminal, Sunny Point, NC 0,J Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality December 6, 2007 Military Ocean Terminal Sunny Point Attn: David Mikell Von KoInitz, or successor 6280 Sunny Point Road Southport, North Carolina 28461-5000 Subject: NPDES Permit Renewal Application Military Ocean Terminal Sunny Point Permit Number NCS000208 Individual Stormwater Permit Brunswick County Dear Permittee: The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000208 on July 7, 2004. We apologize for the lengthy delay in responding to your submittal and are now making every effort to review your permit renewal as expeditiously as possible. Our Unit anticipates making significant progress on individual permits over the next six months to reduce our backlog. We are currently beginning our review of your renewal application. Please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. As long as you have submitted a complete renewal request package and maintain compliance with those permit conditions, stormwater discharges from this facility are authorized by that permit until the Division issues a renewal permit or notifies you of an alternative action. No additional information is required at this time, but we may contact you in the future. Please notify us if any significant changes have taken place at this facility, or if an updated site map is available, since the time you submitted the renewal package. If you have any questions about this matter, please contact me at (919) 733-5083, extension 360. Sincerely, DEC 1 1 2007 Robert D. Patterson, P.E. Environmental Engineer $y: Stormwater Permitting Unit one NVCarolina Nafurally North Carolina Division of Water Quality 16t7 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015' Customer Service Internet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/AffirmaWe Action Employer— 50% Recycled110% Post Consumer Paper MOTSU NCS000208 Permit Renewal Application cc: Wilmington Regional Office Stormwater Permitting Unit Files Central Files i r �OF WA TF9p �° la Y April 7, 2006 David VonKolnitz MOTSU 6280 Sunny Point Road Southport, NC 28461 SUBJECT: Compliance Evaluation Inspection Facility Name: MOTSU Permit Number, NCS000208 County: Br —.3p- eL,- Dear Mr. VonKolnitz: Michael F. Easley. Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Na.ural Resources Alan W. Ktirrxic, P.E. Director Division or Water Quality DWQ FILE COPY On January 26, 2006, Wes Flare and Linda Willis, of the Division of Water Quality, Wilmington Regional Office, performed an inspection of the subject facility. The following items should be addressed to prevent problems in the future: No items of concern were noted. As part of the inspection, a tour of your facility was conducted. All observations and recommendations are noted in the (Summary of findingslcomrnents) of this inspection report. Remember, it is our goal to insure the quality of the surface waters of this State. Please review the attached report. If you or your staff have any questions, do not hesitate to contact Linda Willis, Wes Flare or myself at 910-796-7215. Sinter y, Edward Beck Wilmington Regional Supervisor Surface Water Protection Section Enclosures cc: Central files WiRO/DWQ Stormwater Compliance Files (Brunswick County) Stormwater Permitting Unit NPS and Compliance Oversight No ` Carolina Ntura!!J North Carolina Division or Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733.7015 Customer Service Internet: www.newaterquality.ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-87 7-623-6748 An Equal Opportunity/Aflirniative Action Employer— 50% Recycled/10% Post Consumer Paper A NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES NC 5AV INDUSTRIAL STORM WATER INSPECTION FORM REGIONAL OFFICE Facility: MOTSU Date: 01 /26/2006 Location Address: 6280 Sunny Point Rd. COC #: NCS000208 Contact Name: David VonKolnitz Phone Number: 910 457 8291 Contact Mailing Address: 6280 Sunny Point Road Southport NC 28461 County: Brunswick Directions: 133 South to MOTSU Routine Compliance inspection Rescission Request Complaint Investigation x Other -- Explain Permit Renewal Evaluation POLLr.s, 1 :.v *i .1} V11ATI=R UTION PREVENTION PLAN z Yes No NIA Comments 1. Is a copy of the signed and certified SWPPP at the facility? x NIA NIA NIA x 2. Does the facility's SWPPP address the minimum BMP requirements? x 3. Are amendments to the SWPPP clearly documented? x 4. Is the current SWPPP complete? x B� VEHICLE1EQUIPMENT Z 3, a r{� h x �L: Yes No 1. Were the vehicle/equipment maintenance areas inspected? x 2. Are vehicle/machinery leaks and drips properly managed? x 3. Is vehicle/equipment washing done in a designed area"so that wash water can be properly managed? x 4. Was the vehicle fueling area inspected? x 5. Are vehicle maintenance activities kept indoors? x 6. Were the vehicle/equipment storage areas inspected? x 7. Are current BMPs in vehicle/equipment/fueling areas adequate? x WASTE MANAGEMENTS ;:�� `ram 74�r< Y �� Yes No 1. Are containers for temporary storage of wastes labeled? x 2. Are waste materials recycled? x 3. Are hazardous wastes properly handled and disposed of? x 4. Is processed debris removed regularly? x 5. Is there secondary containment for liquid wastes? x 6. Are current waste management BMPs adequate? x D y�, ;MATERIAL STORAGES Fx r" 4v <> r4{,�._w.',.;� y;� }'r Yes No 1. Are there appropriate BMPs for outdoor storage of raw materials, products, and byproducts? 2. Are containers for chemical substances labeled? x 3. is there secondary containment for liquid storage? x 4. Are current BMPs in material storage areas adequate? x E r; rSPILL CONTROL "F „e} q xr' , ' 3 ' ' r w ..' z ` u�1;_ y�: Yes No N/A Comments 1. Are there procedures for spill response and cleanup? x 2. Are appropriate spill containment and cleanup materials kept on -site and in convenient locations? x No NIA No NIA x No NIA No N1A x x x x x x 3. Are used absorbent materials disposed of in a timely manner? x 4. Are current spill BMPs adequate? x F EROSION , ,«_ `�', �' ..+ Yes 1. Are unpaved outdoor areas protected from water/wind erosion? x 2. Are drainage ditches or the areas around the outfalls free of erosion? x 3. Do implemented BMPs appear effective in controlling erosion? x G ;,NON-STORM-WATER.MANAGEMENT Yes 1. Have all illicit water discharges been eliminated or permitted? 2. Are BMPs for authorized non -storm water discharges properly implemented? x 3. Are current BMPs adequate for management of authorized non -storm water discharges? x H : PROCESS WASTEWATER CONTROLS'AND MONITORING Ye s 1. Are wastewater treatment facilities properly maintained? x 2.. Has monitoring been done? x STREAM OBSERVATIONfIMPACTS r: ?, � ;_ } . , y.x� �''` ti, Yes 1. Were there any stream impacts? 2. Were Field parameters taken for pH or 00? 3. Were there any stream standard violations) 4. Were there excessive solids in the stream? 5. Were pictures taken? 6. Were samples taken? i +. ; f to � `f � Y �1Vs } i�• LI+; !'M 1 :f.Y� K7��-� � '7 �t �+h.a�6 a � yY- 'r,. ix?. �- f SI�MMARY l ADDITIONAL, CQMMENTS? il..' ..` S._','r��{,s - - a s,-,r w, s.�....0 i. .r_:,...:'. :,_...- _,a .� -.w_r .+-s a-.. r - _ .r. .: `K RATING LEVEL (CIRCLE ONE 1 6) - . Indusry in substantial compliance 2. Minor deficiencies noted. Revist scheduled for (date). 3. Major deficiencies or discharges noted and require prompt correction. Revisit scheduled for (date). 4. Critical deficiencies or discharges noted and require immediate correctioin. Revisit scheduled for (date). 5. Rescission is appropriate. 6. Rescission is not appropriate. L. Include a Map of the facility. This drawing should depict the building, parking, process, and storage areas. If you do not have a map, draw one or request that the facility provide you one in your written correspondence. M, Develop a Vicinity Map for the file. N. Identify all records that were reviewed. The SWP3 will be reviewed on April 13, 2006. It appears that effective BMP's are being practiced in all areas with the potential for stormwater contamination. The site was extremely clean in all areas inspected. 0. Explain how Secondary Containment is being used and whether these measures are bring properly maintained. [Did you observe that the secondary containment had release valves (were they open, locked etc.), was there water, waste product, sheen, etc observed within the secondary containment area? Explain your observations] There were no areas that appeared to have signs of spills on the ground. Storage containers were generally under a roof or inside buildings. Large containers (55 gal +) had secondary containment. P. House keeping and best management practices (maintenance of BMPs) status. Housekeeping is excellent. Q. Identify outfalls and receiving waters. List any observation or concerns. No items of concern were noted. R. Take digital photographs to support staff report observations and to provide assistance to future inspectors). Logged by: Inspects: ,�• F�� ©�� NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES NCDENR INDUSTRIAL STORM WATER INSPECTION FORM WILMINGTON REGIONAL OFFICE Facility: Date: d� Location Address: 0 n COC #: NHS D O D c20 Contact Name: hAU',D f Phone Number: q10 qS--,L &;t, l Contact Mailing Address: 0 �y IQ it?SD County: p Sct?!`Ck Directions: J c3 3 5a c��iti�;& In 6TS[& Routine Compliance Inspection pcj-rnL'� ✓ Rescission Request Complaint Investigation Other - Explain A. STORM WATER POLLUTION PREVENTION PLAN Yes No NIA Comments 1. Is a copy of the signed and certified SWPPP at the facility? ` _ 2. Does the facility's SWPPP address the minimum BMP requirements? 3. Are amendments to the SWPPP clearly documented? ✓ 4. Is the current SWPPP complete? B. VEHICLE EQUIPMENT Yes No NIA 1. Were the vehicle/equipment maintenance areas inspected? t/ 2. Are vehicle/machinery leaks and drips properly managed? 3. Is vehicle/equipment washing done in a designed area so that wash water can be properly managed? ✓ 4. Was the vehicle fueling area inspected? 5. Are vehicle maintenance activities kept indoors? 6. Were the vehicle/equipment storage areas inspected? \% 7. Are current BMPs in vehicle/equipment/fueling areas adequate? 1/ C. WASTE MANAGEMENT Yes No NIA 1. Are containers for temporary storage of wastes labeled? ►� 2. Are waste materials recycled? 3. Are hazardous wastes properly handled and disposed of? 4. Is processed debris removed regularly? 1� 5. Is there secondary containment for liquid wastes? ✓ 6. Are current waste management BMPs adequate? 1/ D. MATERIAL STORAGE Yes No NIA 1. Are there appropriate BMPs for outdoor storage of raw materials, products, and byproducts? 2. Are containers for chemical substances labeled? 3. Is there secondary containment for liquid storage? Y 4_ Are current BMPs in material storage areas adequate? j/- E. SPILL CONTROL Yes No NIA Comments 1. Are there procedures for spill response and cleanup? 2. Are appropriate spill containment and cleanup materials kept on -site and in convenient locations? 3. Are used absorbent materials disposed of in a timely manner? 4. Are current spill BMPs adequate? 1/ F. EROSION Yes No NIA 1. Are unpaved outdoor areas protected from water/wind erosion? V 2. Are drainage ditches or the areas around the outfalls free of erosion? V", 3. Do implemented BMPs appear effective in controlling erosion? G. NON -STORM WATER MANAGEMENT Yes No NIA 1. Have all illicit water discharges been eliminated or permitted? 1/ 2. Are BMPs for authorized non -storm water discharges properly implemented? ✓ 3. Are current BMPs adequate for management of authorized non -storm water discharges? H. PROCESS WASTEWATER CONTROLS AND MONITORING Yes No NIA 1. Are wastewater treatment facilities properly maintained? 2. Has monitoring been done? 1/ I. STREAM OBSERVATIONIIMPACTS Yes No NIA 1. Were there any stream impacts? 2. Were field parameters taken for pH or DO? v 3. Were there any stream standard violations/ 4. Were there excessive solids in the stream? V' 5. Were pictures taken? t 6. Were samples taken? J. SUMMARY I ADDITIONAL COMMENTS O 5 1 t are 7s ne Soc K. RATING LEVEL (CIRCLE ONE: 1-6) 1. Indusry in substantial compliance P_S 2. Minor deficiencies noted. Revist scheduled for (date). 3. Major deficiencies or discharges noted and require prompt correction. Revisit scheduled for (date). 4. Critical deficiencies or discharges noted and require immediate correctioin. Revisit scheduled for (date). 5. Rescission is appropriate, 6. Rescission is not appropriate. Logged by: Inspected by: Military Ocean Terminal, Sunny Point Stormwater Permit Renewal NCS000208 Significant Changes. The Military Ocean Terminal, Sunny Point (MOTSU) has outsourced most maintenance on heavy equipment to local commercial vendors. Recent acquisition of newer heavy equipment and disposal of older equipment has lowered exposure potential of stormwater to petroleum contaminants. The newer equipment have lower numbers of breakdowns or leaks. MOTSU recently constructed a new railroad equipment repair facility. New structure has capability to have all repair work contained under roof. No repairs are conducted outdoors now. New project to replace terminal -fueling point underway, all trains will be fueled directly from mobile fuel truck. The Fueling point will have rain guards to protect area during non-use. MOTSU's mobile fuel truck now stored under a shed during non-use. Implementation of Best Management Practices on -going to include training to required individuals. Terminal's main mission now over 85 % containerized cargo movement. This has reduced the required equipment and material usage resulting in drastically reducing stormwater exposure potential. I F(-iFNI) BLAST EASEMENT INSTALLATION BOUNDARY RAILROAD CHANNEL / WATERWAY SDO4 STORM DRAINAGE FlUTFALL SAMPLING LOCATION 601 DISPOSAL AREA 200C 0 4000 8000 SCALE IN FUT Military Ocean Terminal, Sunny Point Stormwater Permit NCS000208, Renewal Summary of Visual Monitoring Rainfall Amount Color Odor Clarity Floating Solids Suspended Solids Foam Oil Sheen Other Indicators 2000 24 August 2.1 Clear No Clear No No No No None 18 September 0.65 Clear No Clear No No No No None 2001 29 May 0.75 IClear No jClear No No No Yes Sheen from Adm. Area parking lot and not motor pool area None 30 August 2.1 Clear No Clear No No No No None 2002 13, March 2.5 Clear to brownish No visible soils in water Yes Yes No No Heavy rains after 8 weeks of no or minimal rain. Heavy run off in water. Visible soil sediments in water. 29 Mai 0.8 Clear No Clear No No No No None 27 August 1.25 Clear No Clear No No No No None 15 October 1,74 Clear No Clear No No No No None 10 December 1.15 Clear No Clear No No No No None 2003 10 Feb 0.43 Clear No Clear No No No No None 17 June 0.22 Clear No Clear No No No No None 25 July 0.91 Clear No Clear No No No No None 8 Aug 1.27 Clear No Clear No No No No None 28'October 5.0 Clear No Clear No No No No None 2004 26 January 1.65 Clear No Clear No No No No None 26 February 1.8 Clear No Clear No No No No None 13 Aril 0.6' Clear No Clear No No No No None 13 May 0.34" Clear No Clear No No No No None Military Ocean Terminal, Sunny Point Stormwater Permit NCS000208, Renewal Summary of Analytical Monitoring Total Kieldah Nltdte & Chemical Total Total Lead, Total Cadmium Oil and Detergents pH Total Rainfall Nitrogen by Nitrogen Nitrate, as Oxygen Suspended Phosphorus Recoverable (ppm) Grease (MBAS) Date event Sum (ppm) NH3-N NO3+NO2-N Demand Solids (ppm) (ppm) (ppm) (ppm) (ppm) (ppm) (ppm) (ppm) 2000 SD01 SD02 SD03 SD04 2001 SD01 SD02 SD03 SDO4 2002 SD01 220 106 0.012 <0.002 <5.0 0.454 26-Mar SD02, 106 48 0.03 0.005 <5.0 0.503 0.63" SD03. 342 327 0.362 0.017 21.4 SD04 2003 , SD01 69 85 0.29 0.034 <0.002 <5 0.552 8.84 19-Nov-03 SD02 1.0411 SD03 50 201 0.22 0.007 <0.002 <5 0.276 7.15 SD04 26 5 0.1 <0.003 <0.002 31 0.07 7.7 2004 SD01 4.29 2.85 1.44 80 <5 8.82 13-May-04 SD02 1.09 0.95 0.14 41 <5 8.28 0.34" SD03 1.14 1.01 0.13 62 <5 8.34 5D04 1 1.29 1.15 0.14 10 <5 7.67 o�°s Wpre9o4 PERMIT COVERAGE y RENEWAL APPLICATION FORM Permit Number National Pollutant Discharge Elimination System NCS000208 Stormwater Discharge Permit THIS APPLICATION MUST BE SIGNED AND RETURNED ALONG WITH THE, REQUESTED SUPPLEMENTAL INFORMATION TO `CITE IIIV. OF WATER QUALITY IN ORDER FOR YOUR FACILITY TO QUALIFY FOR RENEWAL OF YOUR STORNIWATER PERMIT NCS000208 The following is (lie information currently in our database for your facility- Please review this information carefully and make all corrections as necessary in the space provided to the right of the current information. OWNER INFORMATION Owner/Org. Name: MILITARY OCEAN TERM SUNNY PT Owner Contact: rQ tnM f}n1 DECT Mailing, Address: 628D SuNNvr ? 60I ti m Po R-i NC_ 221461- 500 0 Phone Number: Fax Number (gIy) L4 53- 9656 E-mail address: 610) u5a— S36'i FACILITY INFORMATION Facility Name: MILITARY OCEAN TERM SUNNY PT Facility Contact: i�1.�3L1C U CS tutSrora Facility Address: Mo,rstj %',f $ O St..,.t►�-[ po, r� ; 12aq,7 SOUTHPORT. NC 28461 Phone Number: 5a - g 211 Fax Number (Cl1D) 5 - G E-mail address: PERMIT INFORMATION Permit Contact: DAVID MIKELL VON KOLNITZ Mailing Address: MOTSU-Pw SOUTHPORT. NC 28461 3 %>_W tJ-L 1Ot 1-� '�-1D Phone Number: 9104578425 Fax Number: v I_4 -4 - B 36 1 E-mail address: DISCHARGE INFORMATION Discharge Receiving Water: CAPE FEAR RIVER Stream Class: SC SW HQW Basin: Sub -Basin #: 030617 Number of outfalls: y CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature I U-" L Date , ,� u_L o "f�/ JA B vo N a`,s•t� �w,vtt r.+n. �� sir �►�;zs� Print or type name of person signing above Title Please return this completed renewal application form to: Individual Permit Renewal Attn: Aisha Lau Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 STORMWATER POLLUTION PREVENTION PLAN DEVELOPMENT AND IMPLEMENTATION CERTIFICATION N.C. Division of Water Quality, Stonntivater and Geiiet-al Permits Unit Facility Name: MILITARY OCEAN TERM SUNNY P`F Permit Number: NCS000208 Location Address: IvIOTSU SOUTHPORT, NC 28461 County: BRUNSWICK "I certify, under penalty of law, that the Stormwater Pollution prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate, and complete" "I certify that the SPPP has been developed, signed and retained at the -facility location and the SPPP has been fully implemented at the named facility location in accordance with the terms and conditions of the stormwater general permit." A am aware that there are significant penalties for falsifying information, including,, the possibility of fines and imprisonment for knowing violations" 4 Sign (according to permit signatory requirements) and'return this Certification. DO NOT SEND THE STORMWATER POLLUTION PREVENTION PLAN WITH THE CERTIFICATION. Signature ul� iiAt� �Lo>j LNt. z- - Print or type name of person signing above Date 1 JL,, oL4 Title SPPP Certification 2/99 SECrION 5 STORM WATER POLLUTION PREVENTION PLAN BEST MANAGEMENT PRACI-ICES MILITARY OCEAN TERMINAL, SUNNY POINT,.SOEITIIPORT, NoR,m CAROI.INA SELFCrION 5. BEST MANAGEMENT PRACTICES SELECTION Best Management Practices (BMPs) are measures used to prevent or reduce the potential Of pollution from any type of activity. BMPs are a very broad class of measures and may include process, procedures, scheduling activities, prohibitions on practices, and other management practices to prevent or reduce storm water pollution. In essence, they are anything that may be identified as a method, short of actual treatment, to curb storm wa- ter pollution. This section describes "baseline" BMPs that must be included in the SWPPP and offers guidelines on selecting more "advanced" BMPs that are tailored to specific pollutant sources. 5.1 BASELINE BEST MANAGEMENT PRACTICES The USEPA has identified eight baseline (BMPs) for implementation at all NPDES- permitted facilities. These baseline BMPs have been adopted and expanded by MOTSU for implementation at all departments and operations within MOTSU that may directly or indirectly impact human health or the environment. The baseline BMPs are described in the following sections. Baseline BMP 1 - Employee Training Personnel training is essential to effective implementation of the SWPPP. Personnel at all levels of responsibility will be trained in the components and goals of the NPDES pro- gram and the SWPPP. Training will address each component of the SWPPP, including how and why tasks are to be implemented. At a minimum, the following will be part of the training program: • Personnel will be trained to identify and manage potential spills that can occur from equipment and containers of petroleum products (i.e. gasoline, diesel fuel, oil, lubricating grease, hydraulic fluids, etc.). • Employees will be trained in proper good housekeeping practices which include: AH Environmental Consultants 5-1 Final Plan, May 2004 083-01 SE:cT1oN 5 STORM WATER POLLUTION PREVENTION PLAN BEST MANAGENI ENT PRACTICES MILITARV OCEAN TERMINAL, SUNNY MN-r, Sou'ruPORT, NoRTII CAROLINA SELEcCTION - Regular vacuuming and/or sweeping; - Cleaning up spilled materials; - Identifying where brooms, vacuums, absorbents, foams.. neutralizing agents, and other good housekeeping and spill response equipment are located; - Instruction on securing drums and containers; and, - Frequently checking for leaks and spills of various materials. • Personnel will be trained to recognize toxic and hazardous substances located at the facility. Personnel will be trained in: - Proper organization and storage of materials; and, - Identification of toxic and hazardous substances stored, handled, and produced on -site. Personnel refresher training will be held on an annual basis. New personnel will receive training within thirty (30) days of assignment. Personnel training will be documented on the Training Sign -In Sheet found in and maintained as part of this SWPPP. The SWPPT Leader will coordinate training for all SWPPT members in the elements of the SWPPP. SWPPT members will coordinate training on the proper implementation of BMPs for all personnel within their jurisdiction. Baseline BMP 2 - Good Housekeeping Housekeeping is part of daily operations. Good housekeeping includes continuously im- proving operations and maintenance of processes and equipment, proper storage of mate- rials and wastes, maintaining routine cleanup schedules, maintaining well organized work areas, and promoting safe work habits of personnel. Specific good housekeeping proce- dures implemented at the MOTSU include: • Maintaining clean, dry floors and work areas, with regular sweeping at least once per week; • Regular removal of garbage and waste material; • Prompt cleanup of spilled materials to prevent migration; • Proper material and waste storage practices, including adequate aisle space to provide for material transfer and easy access in the event of an emergency; and • Neat and convenient storage of housekeeping and spill response kits (brooms, vacuums, absorbents, foams, neutralizing agents, containment booms, etc). AH Environmental Consultants 5-2 Final Plan, May 2004 083-01 SECTION 5 STORM WATER POLLUTION PREVEN*rION PLAN BEST MANACEM1IEN'r PRAC rICES MILITARY OCEAN TERMINAL, SUNNY MNT, SotrriwoR'r, Noicni CAROL.INA SELECHON Baseline BMP 3 - Visual Inspections Routine visual inspections are conducted to identify conditions that may become a pollu- tion source or a risk to site personnel. The visual inspection program concentrates on all areas that could potentially be the source of a material release, fire, explosion, or storm water pollutant (e.g., loading docks, storage tanks, pumps and piping, and drum storage areas). A variety of visual inspections are performed at MOTSU to satisfy environmental health and safety, and security requirements. These inspections serve as a periodic check for indications of storm water pollution. The following inspection programs are recognized by the SWPPP: • Fire prevention inspections are conducted by the Terminal Fire Department. The frequency of the inspections may vary from building to building depending on the operations and material stored within each structure. The inspections use a standard checklist form for documentation and the Fire Department maintains records of the inspections. • Health and Safety inspections are conducted annually by the Safety Office. The inspections are documented and filed within the Safety Office. Certain areas of the facility that have been identified as high risk to employees or property, due to the types of work performed or equipment used, are inspected quarterly. Inspection reports are not filed with the Environmental Manager; however, all relevant information regarding environmental issues is forwarded to the Environmental Manager. • Storage tank visual inspections are conducted on a quarterly basis. Two USTs are equipped with automatic tightness testing sensors. The visual inspections are documented and filed with the Environmental Manager. Baseline BMP 4 - Hazardous Waste and SWPPP Inspections MOTSU conducts routine security inspections of the facility. These inspections would notice most outdoor spills, accidents, fires, and other situations that would require emer- gency responses. In addition to the above inspections, the Environmental Manager will conduct annual in- spections of the facility to ensure that the SWPPP is current and accurate. The following AH Environmental Consultants 5-3 Final Plan, May 2004 C83-01 SEC1.10N 5 STORM WATER POLLUTION Pitrvt fV'rION PLAN BEST MANAGEMENT PRACTICES MILrrARI' OCFAN TERMINAL, SUNNY POINT, SOUTHPORT, Nola-11 CA1101,INA SELECTION items will be reviewed, verified, or performed during the SWPPP visual inspections (note: several of these items are also inspected as part of other programs): • Secondary containment structures and sumps are drained of storm water following analysis to confirm that water is not contaminated; • Spill kits, if required, are property placed and supplied; • Loading and unloading areas are free from debris or other contaminants; • Outdoor dumpsters do not contain material that could contaminate storm water discharge (solid waste from routine operations is stored indoors where possible) and do not contain waste in excess of their capacity; • That another means of storage is used to hold possible contaminants until they can be disposed; and • Raw material drums or other containers are in good condition, have no leaks, are closed, are properly labeled, are stored in a safe area, and if needed are held within secondary containment. During the quarterly inspections, the Environmental Manager will evaluate the effective- ness of the SWPPP and modify the plan as necessary to reflect facility changes. The in- spections, and all comments and action items identified over the course of the inspec- tions, will be documented and incorporated into the SWPPP. The Environmental Man- ager is responsible for ensuring that noted deficiencies are corrected within a reasonable time frame. Baseline BMP 5 - Preventive Maintenance Preventive maintenance involves the regular inspection and testing of equipment and storm water systems. The purpose of these inspections is to uncover conditions such as cracks or slow leaks that could result in discharges of oil, chemicals, or other materials. The preventive maintenance schedule prevents breakdown and failures by adjustment, repair, or replacement of equipment. MOTSU's preventive maintenance program in- cludes: • Identification of equipment, systems, and facility areas to be inspected. This includes piping, pumps, storage tanks, valves, material handling equipment, and catch basins; • Periodic inspections or tests of the equipment and systems; AH Environmental Consultants 5-4 Final Plan, May 2004 083-01 SECTION S STORM WATER POLLUTION PREvE;Y TiON PLAN BEs'r MANAGEMENT PRAC"ricr.s MILITARY OCEAN TERMINAL, SUNNY POINT, SOLITI[PQRT, NORTii CAROLINA SELECTION • Appropriate and timely adjustments and repair or replacement of equipment and systerns; and • Maintenance of all documents showing equipment/system inspections, repairs, and replacements. Baseline BMP 6 - Spill Prevention and Response Spill prevention and response is covered in the Integrated Spill Plan. Baseline BMP 7 -- Erosion and Sediment Control Soil erosion and sediment control (E&SC) measures minimize the erosion and transport of sediment into natural water bodies. During the quarterly SWPPP inspections, the En- vironmental Manager inspects the entire facility to identify bare areas or areas susceptible to erosion. The contracting office has responsibility for inspection of construction pro- jects in accordance with the respective E&SC Plan. In general, three guidelines for re- ducing the potential for erosion are followed at MOTSU: • Bare areas that do not show signs of channeling, are sodded or seeded. This establishes a low -maintenance, permanent ground cover more resistant to erosion. • Areas that are too steep to seed or exhibit signs of channeling are covered with rip -rap. Similar to the seeding, rip -rap minimizes erosion by reducing runoff velocity and filtering sediment laden runoff as it passes through the rip -rap. • Areas susceptible to erosion are regularly inspected for signs of erosion or sedimentation. • All areas that are erosion prone or where construction is occurring on Base should be inspected regularly. A recommended Sediment and Erosion Control Checklist (Checklist #5) is contained in Appendix C. Baseline BMP 8 - Management of Runoff This practice seeks to offset the increase of impermeable area in a watershed by imple- menting mitigation measures that divert, inhibit, or reduce overland flow and reduce the effect of degradation of storm water quality by filtering runoff from industrial areas. . Measures employed at MOTSU include maintenance of large permeable areas (grassy and forested), use of secondary containment around tanks and covered containment pal- AH Environmental Consultants 5-5 Final Plan. May 2004 083-01 SECTION 5 STORM WATER POLLUTION PREVENTION PLAN BEsr MANAGEMENT PRACTICES MILITARY OCEAN TERMINAL, SUNNY POINT, SOtIT11PORT, NORTH CAROLINA SFI.E(-r1OIV lets for 55-gallon drums, the use of naturally vegetated swales to convey runoff from por- tions of the site, and the maintenance of an effective storm water system. New construc- tion projects are designed using the State of North Carolina storm water guidelines. Baseline BMP 9 — Record keeping and Reporting The Environmental Division personnel maintain records of events that occur on site as a means of tracking the progress of pollution prevention efforts and to develop improved BMPs. Records include documentation of all spills, leaks, and related incidents. Record keeping also includes maintaining employee training records, inspection documentation, and internal and external correspondence. 5.2 STANDARD OPERATING PROCEDURE BMPS The following is a list of BMPs that were found to be a part of standard operating proce- dures generally implemented throughout the Base: • All spills are reported to a single contact, Terminal Fire Department. • Industrial activities are conducted inside and storm water contact is minimized. • Good housekeeping procedures are applied throughout MOTSU. Drip pans are available for equipment stored and/or maintained outside. • Hazardous liquids contained in 55 gallon drums and smaller are stored on secondary containment pallets. • Consideration is given to segregation of stored materials in contained areas. • Maintenance activities for vehicles are performed under a roof, if possible. • Most Terminal vehicles are washed at the vehicle wash rack. The Fire Department washes response vehicles daily with mild soap and water rinses with no degreasing. No POVs are washed at MOTSU. • Exposure minimization is practiced throughout MOTSU. • HAZMAT areas including Satellite Accumulation Points (SAPS) are located inside buildings. • All ASTs have secondary containment and any accumulated structure storm water is inspected prior to release. • Spill kits are readily available at liquid and hazardous waste storage areas. The kits are properly labeled and easily accessible. AH Environmental Consultants 5-6 final Plan, May 2004 083-01 SECTION 5 STORM WATER POLLUTION PREVENTION PLAN BEST MANAGUMEN'r PRACTICES MILITARYOCEAN TFRM1IINAL, SUNNY POINT, SOt1T11PORT, NORTH CAROLINA SELECTION • All major vehicle and equipment painting is performed off site of MOTSU. • Proper security measures are in place throughout MOTSU. • Dumpsters and recycle bins are covered and plugged at all times to prevent rain from coming in contact with the contents in the containers. • Annual storm water pollution prevention and BMP training is provided to maintenance personnel. The following is a list of SOP BMPs that are recommended to be implemented: • Require contractors to remove junk/scrap vehicles and equipment from MOTSU. • Instruct Public Works Maintenance plumber on procedure to inspect secondary containment contents prior to release. • Park lawn mowers in covered storage bays when not in use. • Store maintenance equipment and vehicles in covered storage bays where practicable. • Remove all replaced electrical transformers as soon as contract allows. • Store de-icing salt under cover. • Store used batteries on a containment pallet and in covered area or in weatherproof cabinet. • When equipment and vehicle maintenance is performed outside of motor pool area and other locations, place watertight covers over storm water catch basin inlets down gradient from work. • Relocate 500=gallon used oil collection container located outside of Building 7 into nearby covered open storage bay. • Store gas cans at Building 7 in flammables cabinet. • Require Stevedore maintenance personnel at Building 35 to obtain and use drip pans for any outdoor maintenance performed and for outside storage of vehicles and equipment awaiting maintenance. • Require vehicle washing at Building 35 to be relocated to vehicle wash rack. • Wash Fire Department vehicles in grassed areas to minimize runoff. • Fire Department to store AFFF on containment pallets. • Fire Department to develop an AFFF management plan. • Provide and store drip pans aboard retches. • Place silt fencing around wood chip storage piles. AH Environmental Consultants 5-7 Final Plan, May 2004 083-01 SECTION s STORM WATER POLLUTION PREVENTION PLAN BEST MANAGEMENT PRACTICES MILITARY OCEAN TERMINAL, SUNNY Po1NT, Sou'rupoRT, NORTH CAROLINA SELECTION • Store railroad ties in covered shelter or provide weatherproof cover over ties where stored in large quantities. • Perform inspections of buildings and facilities identified as potential pollutant sources and keep the records on file with SWPPP. • Coordinate the SWPPP BMPs with the ISP for spill control and response, and, • Have Contracting Officer make construction contractors aware of environmental permits and compliance issues for their respective project area. The following is a list of structural BMPs that are recommended to be implemented at MOTSU: • Widen the wash area at wash rack to accommodate contractor vehicles from Buildings 35 and 35. • Construct concrete pad for tracks where locomotives are stored at locomotive maintenance facility, collect, and treat storm water runoff from pad with oil/water separator(s). • Evaluate replacement of existing fueling facilities with a centralized fueling facility for locomotives and MOTSU and contractor vehicles that meets requirements for protecting exposure of storm water to contaminants.. 5.3 SITE SPECIFIC BMPs Site specific BMPs are related to industrial activities at each site. These BMPs consist of the practices in place and recommended BMP's, if any, for each of the MOTSU facilities. They are summarized Table 5-1. AH Environmental Consultants 5-8 Final Plan, May 2004 083-01 ADMINISTRATIVE AREA BLDG NO DESCRIPTION 1 TRAFFIC MANAGEMENT DIVISION 3 PHOTO LAB /CA❑ 4 PUBLIC WORKS 5 EQUIP ADMIN/ DISPATCH /AFGE 6 MOTOR REPAIR SHOP 7 VEHICLE PARTS AND TIRE SHED 8 WELDING SHED 9 MAINTENANCE SHED 11 GAS❑LINE STATI❑N 12 OLD HEADQUARTERS BLDG 14 RAILR❑AD SHOP 15 C❑MMUNITY SERVICE CENTER 16 OLD GUARD HEADQUARTERS 17 FIRE STATI❑N #1 AND COMM CENTER 19 ACETYLENE AND OXYGEN STORAGE 20 FIRE DEPT STORAGE BLDG 21 SENTRY POST 1 (MAIN GATE) 22 SUPPLY ADMINISTRATI❑N & WAREHOUSE 23 BOAT STORAGE SHED 24 CARGO OPERATIONS BLDG 25 DISPENSARY (HEALTH CLINIC) 26 HEADQUARTERS BLDG 27 PICNIC SHELTER 28 PICNIC SHELTER 29 SUPPLY STORAGE 30 ENGINEER STORAGE 31 MAINTENANCE EQUIPMENT SHOP 32 SECURITY HQ BLDG 35 STEVEDORE MAINTENANCE SHOP 36 STEVEDORE MAINTENANCE SHOP 37 HAZARDOUS MATERIAL STORAGE 40 WASHRACK STORAGE LEGEND 0 BUILDINGS TRAIL -�� RAILROAD MAJOR CONTOUR MINOR CONTOUR ---- FENCE INSTALLATI❑N BOUNDARY TREELINE STORM DRAINAGE ❑UTFALL SILO SAMPLING LOCATION N SD02 (LAT. 330 59' 3211 LONG, 780 0' 44") peRIMET `-� \� ER Raj 3 6" 3 IV& SDO3 (LAT. 33° 59' 29" LONG. 780 UK") SQOI (LAT. 33- 59' 28" LONG. 780 0' 45") FEET 200 0 200 400 J ryF9 �dQG9� TF, 4 <4Z� 26 NEW L❑C❑M❑TIVE ,fit REPAIR FACILITY G6 i 0 021 3 2 `1 } Z 1 , D ADMINISTRATION AREA - (FOR BLOWUP OF AREA, SEE FIGURE 2-3) 2000 0 4000 8000 SCALE IN FEET NORTH LJ!-AP I?vMAND I � SEWAGE DISPOSAL LAGOON' 1 TRUCK hiCLD1NG PADS (SLR?EE) 34RGE STt Gi-!!G AREA (DOLPHIN) I I ! LUMUER YARt7 11 I SEWAGE DISPOSAL LAGOON 11 �' TRUCKHOLDINGPADS (SERIES) OLD BOAT DOCK CRAMP) 3 4 4 c r c� 400 SLRIES CADS 1 1 SEWAGE DISPOSAL LAGOEIN r SOLI T H V;PARF HARDS T AND HANDLING CRAM (PNECO) ONTAIMI� _ j IS.11] r^^?ER C,. Q N General Questions for All NCGs and NCSs SW Facility Permits (October 2006) Site Plan and Permit Yes No NA NE l# Is a copy of the Permit and the Certificate of Coverage available at the site? n -/# were all outfalls observed during the inspection? l ti # If the facility has representative outfall status, is it properly documented by the Division? # Has the facility evaluated all illicit (non stormwater) discharges? Comment: Stormwater Pollution Prevention Plan Yes No NA NE oes the site have a Stormwater Pollution Prevention (or comparable) Plan? Does the Plan include a General Location (USGS) map? # Does the Plan include a "Narrative Description of Practices"? Does the Plan include a detailed site map including outfall locations and drainage areas? Does the Plan include a list of significant spills occurring during the past 3 years? Has the facility evatuated feasible alternatives to current practices? #� Does the facility provide all necessary secondary containment? Does the Plan include a BMP summary? Does the Plan include a Spill Prevention and Response Plan (SPRP)? . Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? Does the facility provide and document Employee Training? 4 oes the Plan include a list of Responsible Party(s)? i# Is the Plan reviewed and updated annually? �F Does the Plan include a Stormwater Facility Inspection Program? Has the Stormwater Pollution Prevention Plan been implemented? Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Quantitative (Analytical) monitoring? # Has the facility conducted its Analytical monitoring at all outfalls receiving runoff from Vehicle Maintenance areas (only for facilities using more than 55 gallons of new motor oil per month)? Comment: 4 Staff Review and Evaluation NPDES Stormwater Permit Contact: Aisha Lau (9.19-733-5083, ext. 578) Facility Name: Military Ocean Terminal Sunny Point NPDES Permit Number: NCS000208 Facility Location: 6280 Sunny Point Road, Southport, NC Type of Activity: Packing and shipping munitions for oversees transport SIC code (if applicable): NIA Receiving Stream: Nigis Creek and The Cape Fear River Stream Classification: Sw HQW & SC and SC respectively Proposed Permit Requirements: See attached draft permit Compliance Schedule: See Part 111, Section A of attached draft permit Based on the information on the attached Data Analysis Summary, most of the parameters tested for previously will remain in this following Basis for monitoring term. There were three parameters that never came close to exceedances requirements: of the benchmarks, Nitrate + Nitrite, Total Nitrogen, , p osphorous, and TKN. These parameters will be dropped from the monitoring requirements this coming permit term. Basis for other requirements: N/A Response requested by: November 10, 2006 Prep'afed by (Signature) e/ ure) ,Q Date/ ! 'a� Stormwater and General Permits Unit Supervisor Date Concurrence by Regional Office Water Quality Supervisor Regional Office Staff Comments: Date -Date IIIAL a�� NC90002,08 otO� W A r4�Y o -c Facility Name: NPDES Permit Number: Facility Location: Type of Activity: SIC Code (if applicable): Receiving Streams: River Basin: Stream Classification: Proposed Permit Requirements: Monitoring Data: Facility Location: Response Requested by (Date): Central Office Staff Contact: Special Issues: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Military Ocean Terminal — Sunny Point NCS000208 6280 Sunny Point Road, Southport, NC (Brunswick County) Packing and shipping of munitions for overseas transport N/A Cape Fear River & Nigis Creek Cape Fear River Basin, Sub -basin 03-06-17 SC; Sw, HQW See attached draft permit. See Table 1 See Figure 1 January 18, 2008 Robert Patterson, (919) 733-5083, ext. 360 Issue Rating Scale: 1(easy) to 10 and Com liance histoa 4 Benchmark exceedance 6 Location (TMDL, T&E 6 species, etc) Other Challenges: 4 • Large facility with various potential pollutant sources Difficulty Rating: 20/40 Special Issues Explanation: � l +" • Insert if necessary SEC 1 ZQQ7 Description of Onsite Activities: l Package and shipping of munitions. Ship via truck and ocean vessels. Munitions story eon aved-and- ev l ads. g PP� g p �g_ p P� p Various ship, rail, and vehicle maintenance. Documents Reviewed: • NPDES Stormwater Permit Application Materials • Draft October 2006 permit renewal by Aisha Lau Page 1 of 8 NCS000208 • Stormwater Permit File • 1999 Central File • Cape Fear River Basinwide Plan • Final 2006 303(d) List • Draft 2008 303(d) List • TMDL list • EPA Sector -Specific Permit, 2006 draft • Natural Heritage Program's Federal Threatened and Endangered Species Database • Check 40 CFR Subchapter N, Stormwater Effluent Guidelines History: • August 31, 1994: Permit first issued • November 19, 1999: Permit re -issued • July 7, 2004: Pennittee submitted renewal application. • March 23, 2006: Changed facility linked to permit & Owner name changed • September 12, 2006: Owner name changed • October 9, 2006: Draft permit renewal sent to WiRO for staff report Page 2 of 8 NCS000208 Central Office Review Summary: 1. Owner's Other Permits: (If applicable) 0 2. General Observations: Import/export/storage of ammunitions for DOD via truck, rail, and ship. Onsite rail, vehicle, and heavy equipment fueling, maintenance and repair. Have been making modifications to reduce potential for exposure to stormwater, Many various potential sources for exposure. 3. Impairment: The stream segment is not listed on the final 2006 303(d); but it is listed on the draft 2008 303(d) list as impaired for aquatic life. Basinwide Plan states that DWQ is currently developing a TMDL to address low dissolved oxygen. 4. Threatened and Endangered: Federal endangered: Shortnose Sturgeon; Federal threatened: American Alligator and Green Turtle 5. Location: see page 1 6. Industrial Changes Since Previous Permit: Outsourced maintenance on heavy equipment. Replaced some heavy equipment with new — lowered exposure potential. New railroad equipment repair facility allows for all repair work to be contained under roof; no repairs conducted outside now. New terminal -fueling point, all trains fueled directly from mobile fuel truck; rain guards to protect area during non-use; mobile fuel truck stored under a shed. Now over 85% containerized cargo movement; resulted in reduced equipment and material usage — lessening stormwater exposure. Added canopy over vehicle gas station. Replaced locomotive fuel station. 7. Anal ical Monitoring Notes: Did not follow sampling schedule in permit; and missing data. At least one sample over benchmark for all parameters except pH, Total N, TKN, and N+N. 8. Qualitative Monitoring Notes: No observations of significance. Some solids and turbidity observed in some samples. Page 4 of 8 NCS000208 Table 1: Analytical Monitoring Required Sampling Range Sample Date Total Flow (MGD) Precipitation (in) Duration (hours) Total N TKN Nitrate +Nitrite COD TSS Total P Lead, total Benchmark: 30 mg/L Benchmark: 20 mg/L Benchmark: 10 mg/L Benchmark: 120 mg/L Benchmark: 100 mg/L Benchmark: 2 mg/L Benchmark: 0.03 mg/L Outfall 1 1 /1103-3131 /03 13126/20024 111111111111W0!63� t0!01-2M 4/l/03-6/30/03 W541'5/200--4 �OT34� t4129M M2T85= =11M= �8O� 7/1103-9/30103 1011/03-12/31103 11/19/2003 1.04 69 85 0.29 t0T0.AM Outfall 2 1 /1103-3/31 /03 f3126120024 1111=110!631♦ i1;06)♦ 11�48111111111111011 WOM03= 4/1/03-6130/03 W510-31200- �01A4 MAW= =0T95= MaMN= �0; 7/1103-9/30103 1011 /03-12/31 /03 11 /19/2003 1.04 Outfall 3 1/1/03-3131/03 93/26/20021 �0!63� 34- �32�7a W0f362= 4/1103-6130103 W511:=004 �0134� 51141'-4= �1!O,1= WOV 3M �62� 7/1 /03-9/30/03 1011/03-12/31103 11/19/2003 1.04 50 MER2011M 0.22 0.007 Outfall 4 1 /1 /03-3/31 /03 93126/20021 1�0!63� 4/1103-6/30/03 t51,13/20 : �0134' M1929i♦ �110 5M MOW= �1D0 7/1 /03-9130/03 1011/03-12/31/03 11/19/2003 1.04 26 5 0.1 �0.003 O►+er Data Data Current Benchmark Not Collected collected outside of req'd date range Page 5 of 8 NCS000208 Table 1 (cont.): Analytical Monitoring Required Sampling Range Sample Date Total Flow (MGD) Precipitation (in) Duration (hours) Cadmium Oil & Grease MBAS pH Benchmark: 0.001 mg/i_ Benchmark: 30 mg/L Benchmark: 0.5 mg/L Benchmark: 6.9 Outfall 1 111 /03-3/31 /03 IF3126120024 �01631 NKFOl002a t5� =0454=1 4/1/03-6/30/03 W541372004 �QTA4 t5 I t8I82a 7/1103-9130/03 10/1/03-12/31/03 11/19/2003 1.04 <0.002 <5 =01552M 8.84 Outfall 2 111 /03-3/31 /03 93126120024 1�0!631 0103=1 t5� t01503= 411 /03-6/30/03 ESM 3f2004 �OTA4 t5� t8128= 7/1103-9/30/03 10/1103-12/31103 11 /19/2003 1.04 Outfall 3 1/1/03-3131103 f3126/20021 1�0!631 MOMI17M E241.%♦ 4/1/03-6130103 05/05/2004 �8i34= 7/1/03-9130/03 10/1/03-12/31/03 11/19/2003 1.04 <0.002 <5 0.276 7.15 Outfall 4 1 /1 /03-3131103 63126/20024 1�0!631 411/03-6/30/03 M,1:3120{i4 t5' i7167= 7/1103-9/30/03 10/1103-12/31103 11/19/2003 1.04 <0.002 11� 0.07 7.7 Over Current Benchmark Data Not Collected Data collected outside of req'd date range Page 6of8 NCS000208 Revised Permit Recommendations: Analytical Monitoring: 1. Remove Total N. Based on sampling, add back in Cadmium, COD, Lead, MBAS, and oil & grease. Add BOD due to the draft 303d listing of the river for low dissolved oxygen. 2. pH will remain in the analytical monitoring requirements as per current DWQ monitoring strategy. 3. Due to a potential lag time between the expiration of this permit and its renewal, I have specified in the permit that the permittee is responsible for all monitoring until the renewal permit is issued. See Footnote I 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. "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 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." 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 parameter is in this permit, however.) 7. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in this permit. Other Proposed Changes to the Previous Permit: 1. Part 1I 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. Discussions with permittee: David Von Kolnitz, 910-457-8485, December 10, 2007 1. Q: Any facility changes since the renewal application was submitted in 2004? a. ANSWER: Yes, sending SPPP updated March 2007. 2. Q a. ANSWER: 3. Q a. ANSWER: Page 7 of 8 NCS000208 Recommendations: Based on the documents reviewed, the application information submitted on July 7, 2004 sufficient to issue an Individual Stotmwater Permit. Prepared b (Signature) /?� Date 1 fj P Y � >� ature— Stormwater Permitting Unit Supervisor 1 't.� s. �4ar Date (Z. Ap 7 �r Concurrence byRegional Ofi7ce_v l,:s Date Water Quality Supervisor `� f Date Page 8 of 8 Staff Review and Evaluation NPDES Stormwater Permit Contact: Aisha Lau (919-733-5083, ext. 578) Facility Name: NPDES Permit Number: Facility Location Type of Activity: SIC code (if applicable): Receiving Stream: Stream Classification: Proposed Permit Requirements: Compliance Schedule: Basis for monitoring requirements: Basis for other requirements: Response requested by Military Ocean Terminal Sunny Point NCS000208 6280 Sunny Point Load, Southport, NC Packing and shipping munitions for oversees transp7C,EIVD IE N/A TNigis Creek and The Cape Fear River- _ _T Sw HQW & SC and SC respectively See attached draft permit See Part I II, Section A of attached draft: permit Based on the information on the attached Data Analysis Summary, most of the parameters tested for previously will remain in this following term. There were three parameters that never came close to exceedances�f of the benchmarks, Nitrate + Nitrite, Total Nitrogen,. p osphorous, and TKN- These parameters will be dropped from the monitoring requirements this coming permit term. N/A November 10, 2006 Pre&fed by (SignaP";�'4� ure) Date/ r 2 14, ,�.i�1.d / O 9 a Stormwater and General Permits Unit Supervisor Date / 0 /-z- 3 'V 6 Water Quality Supervisor Date Regional Office Staff Comments: � Slr� f °`'�a.� -� °,+a -off ! �Sl.ao.n. �.�o s �.�.,a�, SG.a�►.�c� bs.. Stormwater Benchmark Concentrations - Attachment A Permit: NCS000208 CMC = Criterion Maximum Concentration Facility: Military Ocean Terminal - Sunny Pt., FAV = Final. Acute Value Reviewer. Aia La Receiving Waters: Cape FearRiuer Classification: SC Sw HO Benchmarks Iasi updated I 10MMS by B. Gewgoullas & I Wynn Analysis Guidance: For many of the outfafis more than one data point 0; available for a parameter. In these cases the highest concentration was placed into the table The values JrLthe -greyed boxes exceed the cutoff concentration forlhat parameter, Senchrriairk: U axos , —3D 02 M i ai UiqpPa dVlRp-M v �,c oq Cadmium (non -Trout ) 0.014 <0,02 0,005 0.1011711t." mg/l 112 FAV based on toxicity without trout and salmon species (using GMAVs in EPA's Nov. 2002 Rec. WQ Criteria). Assumed 50 mV hardness. (Feb. 2005, J. Wynn) COD (Chemical Oxygen Demand) 120 . A �Q 0., 00 108,00 �Vik `}342.'00� 26.00 m R BPJ. Generally found at levels 4 x (9005) in domestic wastewaters. Lead, total recoverable 0,0338 °F.6.340JV 0,030 10'.362f' 0.003 . mqA Assumed 50 mg/I hardness. MBAS (Methyiene Blue Active Substances) 0.5 0.50 028 0.07 mqA Fresh Water Aquatic Life Standard for WS-1 (2B4O212) Nitrate + Nitrite (NO3+NO2) 10 1 A4 0.14 0.13 0.14 m Il National Primary Drinking Water Regulation in 40 CFR 141.11 and 15A NCAC 28 for nitrate (Expressed in mg/l of N). NitTgen, Total 30 4.29 1.09 114 1.29 mg/l TKN + Nitrate + Nitrite Benchmarks (Expressed in mgA of N). Oil and Grease 30 <5 <5 21.40 31 � 0 0 mcjA BPJ, based on wastewater permit limits, pH (min, max) 6-9 884 8.28 8.34 770 su Water Quality Standard (Except Sw waters can be as low as 4.3) Phosphorous 2 0.29 0.22 1 0.10 mgA I BPJ, based on wastewater permit limits for NSW waters, TKN (Total KjeldahLN btrG en g) 20 2.85 0.95 1.01 1.15 mg/l I BPJ, based on apploximate equivalency to secondary treatment of wastewater. (Expressed in mg/l of N). TSS - HQW (except Trout) 20 J.R106.00t11148:OWtj 42705 10.00 mg/l ITSS effluent limitation for HOW from 2B4O224 9128/2008 Page 1 NCS000208 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 F 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. Military Ocean Terminal Sunny Point is hereby authorized to discharge stormwater from a facility located at Military.Ocean Terminal Sunny Point 6280 Sunny Point Road f' Southport, NC ` ~ ' Brunswick County to receiving waters designated as Nigis Creek and the Cape Fear River, class SC SW HQW and SC streams in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, III, TV, V and V1 hereof. Note: Draft Permit Dates are Approximate This permit shall become effective February I,.2007. This permit and the authorization to discharge shall expire at midnight on January 31, 2012. Signed this day January 15, 2007. for Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000208 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 I. 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. 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 LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ff Permit No. NCS000208 SECTION C: LOCATION MAP Latitude: 34°00'42" l,i `i.700020 V Facility Longitude: 77 58 15 r�z�x :�,r� � ter, County: Brunswick Military Ocean Location"'```_#.r. :i' Stream Class: SC,Sw,HQW & SC Terminal Sunny Point er Receiving Stream: Nigis Creek and the Cape pear River North Sub -basin: 03-06-17(Cape Fear River Basin) 11 ! V IF Not to scale l Paee 2 of 2 Permit No. NCS000208 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 a're'asfof 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 lockingmecnanism] 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 stonnwater. Accumulated stormwater shall be released if found to be uncontaminated`by,.the material stored within the containment area. Records documenting lthe'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. 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 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 I1 Page 2 of 7 Permit No. NCS000208 be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. 'i Part I I Patye 4 of 7 Permit No. NCS000208 Table 2. Monitoring Schedule Monitoring period' Sample Number Start End Year l — Spring 1 April 1, 2007 June 30, 2007 Year 1 — Fal1 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,l,' 2010 November 30, 2010 Year 5 -- Spring 9 April -1, 2011 June 30, 2011 Year 5 — Fall 10 September 1, 201 1 November 30, 2011 Footnotes: 1 Maintain semi-annual monitoring during permit renewal process. Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics ' Units Benchmark Cadmium mg/L 0.014 COD (Chemical Oxygen Demand) mg/L 1�0 Lead, total recoverable mg/L 0.0338 MBAS mg/L 0.5 Oil and Grease mg/L 30 pH su 6-9 TSS (Total Suspended Solids) mg/L 20 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. Part 11 Page 6 of 7 Permit No. NCS000208 Table 5. Analytical Monitoring Re uirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Fre uenc t Sample TYPC2 Sample__ Location3 H standard Serni-annualiv Grab SDO Oil and Grease m Semi-annually Grab SDO Total suspended Solids m /L Semi-annually Grab SDO Ne,w Motor Oil Usage gallons/month Semi-annually Estimate - Total Rainfall inches Semi-annually Rainfall Event Duration minutes Semi-annually Footnotes: I Measurement Frequency: All analytical monitoring will be performed twice per year, once in the spring {April - ]unc) and once in the fall (September - November). See Table 2 (Section B)'for schedule of monitoring periods. 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. r 3 Sample Location: Samples shall be,collected'at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle fnainienance activities occur. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics - 'Units'; - Benchmark. pH --------------- standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 20 Part 11 Page 8 of 7 Permit No. NCS000208 Du to Miti ate 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 hurnan health or the environment Civil and Criminal Liabilitv Except as provided in Part 111, Section C of this permit regarding bypassing ofstormwater 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 dotes 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. 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 tinder this individual permit shall, upon conviction, be punished by a fine of not more than S10,000 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 S20,000 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 Ili Page 2 of 8 Permit No. NCS000208 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. 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." 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 2H .0100, and North Carolina General Statute 143-215.1 et. al. 5. Permit Actions The permit may be modified, revoke 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 41 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. 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 dama;e; 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 I1 [ Page 4 of 8 Permit No. NCS000208 �. 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 penmittee is granted representative outfalI 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. 7_ Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's preimises where a regulated facility or activity is located or conducted, or where records must'be.kept undenthe 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 ope`rati6iis 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. 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 I ll Page 6 of 8 Permit No. NCS000208 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. 1, Part [ 1 [ Page 8 of 8 Permit No. NCS000208 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 DW The Division of Water Quality, Department of Environment and Natural Resources. 9 ill Director The Director of the Division of Water Quality, the permit issuing authority. EMC The North Carolina Environmental Management Commission. H. 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. 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 Pen -nit No. NCS000208 23. 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. 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 10](14) of CERCLA; any chemical the facility is required to report pursuant to section 3 13 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 1 10.10,and CFR 1 17.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 26. Stormwater Runoff r The flow of water which results from precipitation'and which occurs immediately following rainfall or as a result of snowmelt. `^4 27. Stormwater Associated with Industrial.Activity 1 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 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 V I Page 4 of 5 Pages MOTSU letter NPDES Subject: MOTSU letter NPDES From: "Von Kolnitz, David, (Contractor)" <VonKolnitzD@sddc.army.mil> Date: Thu, 23 Mar 2006 15:36:33 -0500 To: "'tom.f.moore@ncmail.net"' <tom.f rnoore@ncmail.net> Attached is letter showing changes to MOTSU's information. Matt Swanson, Chief Public Works Division Phone 910-341-8291 He signs the discharge reports Richard Lockwood, MOTSU Environmental Engineer Phone 910-341-8603 Correspondence should be addressed to him Day to day operations oversight is myself. Address should be Commander Military Ocean Terminal, Sunny Point Attn: Public Works Division (R. Lockwood) 6280 Sunny Point Road Southport, NC 28461-5000 David von Kolnitz Environmental Programs Public Works Division Military Ocean Terminal, Sunny Point Southport, NC 28461 910.341.8425 Fax 910,341.8369 von kolnitzd a(,sddc.armv.mil letter NPDES.pdf i Content -Type: application/octet-stream Content -Encoding: base64 t of 1 6/7/2006 1:33 PM State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director April 20, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED DAVID VON KOLNITZ MILITARY OCEAN TERMINAL- SUNNY PT MOTSU-FE SOUTHPORT. NC 28461 Dear Permittee: A Iffl?WA NCDENR NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: FINAL NOTICE - NPDES Stormwater Permit Renewal Military Ocean Terminal- Sunny Pt Permit Number NCS000208 Brunswick County Your facility is currently covered for stormwater discharge under NPDES Stormwater Permit NCS000208. This permit will expire on August 31, 1999. North Carolina General Statute 143.215.1(c) requires that an application for permit renewal be filed no later than 180 days prior to the expiration date. A prior notice of renewal was sent for this site on February 19. 1999. To date, no response has been received by the Division of Water Quality (DWQ). In order to assure your continued coverage under the NPDES Stormwater permit, you must apply to DWQ for renewal of your permit. Enclosed you will find a permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplemental information will constitute your application for renewal of your permit. The application form must be completed and returned along with all requested information by May 14. 1999 in order to assure continued coverage under the NPDES permit. Failure to request renewal by May 14, 1999 will result in a civil assessment of at least $250.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $10,000 per day. If you have any questions regarding the permit renewal procedures please contact Aisha Lau of the Stormwater and General Permits Unit at (919) 733-5083, ext. 578 Sincerely, Bradley Bennett, Supervisor' Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Wilmington Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director February 19, 1999 DAVID VON KOLNITZ MILITARY OCEAN TERMINAL- SUNNY PT MOTSU-FE SOUTHPORT, NC 28461 Dear Permittee: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANo NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal Military Ocean Terminal- Sunny Pt Permit Number NCS000208 Brunswick County Your facility is currently covered for stormwater discharge under NPDES Permit NCS000208. This permit expires on August 31, 1999. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your application for renewal of your permit. The application form must be completed and returned along with all requested information within thirty days of receipt of this letter in order to constitute a timely renewal filing. Recent legislation modified the fee structure for DWQ permits. Renewal fees have been eliminated and annual fees have been changed. The new annual fee for your permit is now $715.00 (you will be invoiced later this year for your annual fee.) A copy of the new fee schedule is enclosed in this package. Failure to request renewal within the time period indicated may result in a civil assessment of at least $250.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of.stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation ofNCGS I43-215.1 and could result in assessments of civil penalties of up to $10,000 per day. If you have any questions regarding the permit renewal procedures please contact Aisha Lau of the Stormwater and General Permits Unit at (919) 733-5083, ext. 578. Sincerely, t5nz Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Wilmington Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. David Von Kolnitz MOTSU-FE Southport, NC 28461 Dear Mr. Kolnitz: LT.K?FA 'T 0 -A�' a AdmblmdmbLmmml��� 1:3EHNR August 31, 1994 Subject: Permit No. NCS000208 Military Ocean Terminal, Sunny Point Brunswick County In accordance with your application for a stormwater discharge permit received on December 12, 1992, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. 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 II, 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 Environmental Management 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 concerning this permit, please contact Steve Ulmer at telephone number 919/733-5083. Sincerttiginal Signed By Coleen H. Sullins A. Preston Howard, Jr, P. E. cc. Mr. Jim Patrick, EPA Wilmington Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consurner paper Permit No. NCS000208 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT TO DISCHARGE STORMWATER UNDER THE In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Department of the Army Military Traffic Management Command is hereby authorized to discharge stormwater from a facility located at Headquarters, Military Ocean Terminal, Sunny Point NC Hwy 87 and NC Hwy 133 Southport Brunswick County to receiving waters designated as Cape Fear River, a class SC Sw HQW stream, in the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III, and IV hereof. This permit shall become effective October 1, 1994. This permit and the authorization to discharge shall expire at midnight on August 31, 1999. Signed this day August 31, 1994. A. Preston Howard, Jr., P.E., Director Division of Environmental Management By the Authority of the Environmental Management Commission Permit No. NCS000208 PERM=D 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 Permit. All discharges shall be in accordance with the attached schedules as follows: Part I: Monitoring, Controls, and Limitations for Permitted Discharges Part II: Standard Conditions for NPDES Stormwater Permits Part III: Limitations Reopener Part IV: Administering and Compliance Monitoring Fee Requirements Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization or approval. This permit does not,_relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgement, or decree. Page 2 Permit No. NCS000208 INTERCHANGE Leland �lw YARD O C Town x Creek Winnaborr , n A 17 n O O Bolivia f 1 a O i� 211 a-UNSWIC.11UGLEAA ELECTAIC PLATtT Long Beach 0 ii ��•mISTORICAL '��t SITE A7t.. ••rolina Beach .. Kure Beach 7t; FORT FiSmER South MILITARY OCEAN TERMINAL a o n o SUNNY POINT S OAK ISLAND - COAST GUARD STATION SMITH ISLAND CAPE FEAR MILITARY OCEAN TERMINAL, SUNNY POINT PROXIMITY MAP DQo 3 - FIGURE 4-17 Permit No. NCS000208 PART I MONITORING, CONTROLS, AND LIMITATIONS• FOR PERMITTED DISCHARGES SECTION A: FINAL LMTATIONS AND CONTROLS FOR STORMWATER DISCHARGES 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 below. 1. -Stormw=r PollutQ 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 PartU, Standard Conditions, Section E.S. of this permit. The PIan shall include, at a minimum, the following items: a. 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: (1) 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. (2) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (3) A. site map drawn to scale with the distance legend indicating location of industrial activities, (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfa.1 and activities occurring in the drainage area, building locations and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (4) 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. (5) 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 H, Standard Conditions, Section B .9. Page 4 Permit No. NCS000208 b. 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 minimums shall incorporate the following: (1) A study addressing 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 practicable the permittee shall cover all storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) 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 materials 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 stor nwater that accumulates in the containment area.shall be at a minimum visually observed for color, foam, and visible sheens, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. 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. (3) 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. (4) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the stormwater systems. C. Spill Prevention and Response Plan. The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the plan shall be identified in the plan. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. d. 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. e. Employee'Training. Training schedules shall be developed and training provided at a miniinum.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 Page 5 Permit No. NCS000208 operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified in the Plan. f . 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(s) assignments provided. g. Plan Ammendment. 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 perrnittee shall provide certification in writing (in accordance with Part H, Standard Conditions, Section B, #9) to the Director that the changes have been made. h. Facility Inspections. Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September -November) and once during 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. Visual monitoring as required in I.A.2.g.(3) shall be performed in addition to facility inspections. i. Implementation. Implementation of the plan shall include documentation of 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 be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. 2. Minimum Monito i�ng and Reprtina Reuirements Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing by the Director of the Division of Environmental Management. a. If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the pemiittee 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 outfails. b. Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry weather flow shall be performed at all stormwater discharge outfall locations. All visual monitoring shall be documented and records maintained with the Stormwater Pollution Prevention Plan. The initial visual monitoring event shall be performed simultaneously Page 6 Permit No. NCS000208 with the fast analytical monitoring event and documentation of only this initial visual monitoring event shall be submitted along with the required analytical monitoring submittal. C. For purposes of the stormwater sampling required in this permit, all samples shall be collected from a discharge resulting from a representative storm event (See Part H, Standard Conditions, Section A). Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. If the stormwater runoff is controlled by a detention pond, the following sampling requirements shall apply: (1) If the detention pond detains the runoff generated by one inch of rainfall for 24 hours, visual observations for color, foam, outfall staining, visible sheens, and dry weather flow are required, but analytical sampling shall not be required. (2) If the detention pond discharges only in response to a storm event exceeding a 25- year, 24-hour storm (See Part H, Standard Conditions, Section A), the pond shall be considered a non -discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards. d. Samples analyzed in accordance with the terms of this permit shall be submitted on forms Y provided by the Director no later than January 31 for the previous year in which sampling was required to be performed. e. Analytical results from sampling during the final year of the permit term shall be submitted with the permit renewal application. This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (1) All other discharges that are authorized by a non-stormwater NPDES permit. (2) 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. (3) Discharges resulting from fire -fighting. If the storm event monitored and reported in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor and report all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Page 7 Permit No. NCS000208 g. Specific Stormwater Monitoring Requirements The specific stormwater monitoring requirements includes both analytical and visual monitoring of stormwater samples. Specific monitoring requirements are defined below. (1) Analytical Monitoring tormwater Discharge Characteristics Iblita Measurement F uenc 1 Sample T Sample tion3 Chemical Ox en Demand m annually Grab SDO Total Suspended Solids mo annually Grab SDO Total Phosphorus m annually Grab SDO Lead m annually Grab SDO Cadmium m annually Grab SDO H m annually Grab SDO Total Rainfall4 inches Event Duration4 I minutes Total Flow4 I MG I SDO Footnotes: 1 Measurement Frequency: Once per year with samples taken during the sampling window of April through November. The facility must perform analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. 2 Sample Type: Defined in Part II, Standard Conditions, Section A. 3 Sample Location: Samples to be taken at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. 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. (2) Cut-off Concentrations The arithmetic mean of all analytical sampling results collected during the term of the permit shall be calculated for each parameter and compared to the cut-off concentrations listed below. If the arithmetic mean meets the specified cut-off concentration condition for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter during the term of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring, the permittee is Page 8 Permit No. NCS000208 required to maintain facility operations that ensure the continuation of stormwater runoff quality. The permittee m= perform analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit term must be submitted with the permit renewal application. DischargeStarmwater Chemical Oxygen Demand < 120 m Total Suspended Solids < 100 m Total Phosphorus < 2-m Hl 6.0 - 9.0 s.u. Cadmium < 0.005 m Lead < 0.033 m Footnotes: 1 pH cannot be averaged due to the nature of the logarithmic pH scale. The most recent pH sample result shall be used for cut-off concentration purposes. (3) Visual. Monitoring Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfall status, 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. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event. Stormwater Discharge Characteristics Frequenc l Monitoring Ty=2 Monitoring Location3 Color Semi -Annual Visual SDO Odor Semi -Annual Visual SDO Clan Semi -Annual Visual SDO Floating Solids Semi -Annual Visual SDO Suspended Solids Semi -Annual Visual SDO Foam Semi -Annual Visual SDO Oil Sheen Semi -Annual Visual SDO Other obvious indicators of stormwater pollution Semi -Annual Visual SDO Page 9 Permit No. NCS000208 Footnotes: l Frequency: The first visual monitoring event during the term of the permit must be performed during the initial analytical monitoring event. All subsequent visual monitoring will be performed twice per year, once in the spring and once in the fall. 2 Monitoring Type: Visual monitoring requires a qualitative visual observation of each stormwater outfall. No analytical testing or sampling is required. 3 Sample Location: Stormwater Discharge Outfall (SDO) (4) Analytical Monitoring Requirements for Vehicle Maintenance Activities I Stormwater Discharge Characteristics Units Measurement F uenc 2 Sample Sample Location3 H standard annually Grab SDO Oil and Grease mgA annually Grab SDO New Motor Oil Usagegallons/month annually Estimate SDO Total Flow4 MG annually Grab SDO Lead, Total Recoverable5 u annually Grab SDO Total Suspended Solids m anrivall Grab SDO Detergents (MBAS)6 m annually Grab SDO Footnotes: 1 Stormwater discharges from 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 be monitored by the permittee as specified above. 2 Measurement Frequency: Once per year with samples taken within the sampling window of April through November. 3 Sample Location: Samples to be taken at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 Total flow shall be; (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. Total Precipitation and duration of the rainfall event measured shall result from tfie sampled representative storm event. 5 Total recoverable lead monitoring is required only at facilities where fueling occurs. 6 Detergent monitoring is required only at facilities which conduct vehicle cleaning operations. Page 10 Permit No. NCS000208 (5) Cut-off Concentrations for Vehicle Maintenance Activities The arithmetic mean of all analytical sampling results collected during the term of the permit shall be calculated for each parameter and compared to the cut-off concentrations listed below. If the arithmetic mean meets the specified cut-off concentration condition for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter during the term of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring, the permittee is required to maintain facility operations that ensure the continuation of stormwater runoff quality. The pem-littee must perform analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit term must be submitted with the pemut renewal application. Dischar= Characteris-tioCut-off Con=Tation Hl within range 6.0 - 9.0 Oil and Grease,- < 30 m Lead, Total Recoverable < 0.033 m Total Suspended Solids < 100 m Detergents (MBAS) < 0.50 m Footnotes: 1 pH cannot be averaged due to the nature of the logarithmic pH scale. The most recent pH sample result shall be used for cut-off concentration purposes. Page 11 Permit No. NCS000208 1. The permittee shall comply with Final Limitations and Controls specified for stormwater discharges in accordance with the following schedule: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as specified in Part I, Section A, 1. b. 2. of this permit, shall be accomplished within 12 months of the effective date of this permit. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the permitted stonmwater controls at optimum efficiency. Page 1.2 I Individual Stormwater Page Al PART II STANDARD CONDITIONS FOR NPDES STORMWATER PERMITS yr • 4NEIM • _ �lurr • K • r w The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Means shall be calculated according to the following definitions: a. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). C. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. r .r . . BOOT, 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 having a total storage capacity of greater than 1,320 gallons. 5. Uendai Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. The rainfall runoff from or through any coal storage pile. Individual Stormwater Page A2 The Division of Environmental Management, Department of Environment, Health and Natural Resources. ■i T-y The Director of the Division of Environmental Management, the permit issuing authority. UNIEF533N The North Carolina Environmental Management Commission. Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 11. Lan= 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. All municipal separate storm sewers that are either. a. Located in an incorporated place with a population of 100,000 or more as determined by the Decennial Census by the Bureau of Census; or b. Located in the counties with unincorporated urbanized populations of 100,000 or more, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or c . Owned or operated by a municipality other than those described in paragraph (a) or (b) and that are designated by the Director as part of the large or medium separate storm sewer system. 13. 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 miring operations. 14. Permitme The owner or operator issued a permit. Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, Individual Stormwater Page A3 container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. A storm event that is between 0.2 and 0.8 inches of rainfall and which has a duration of greater than 3 hours and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. IVA 0 0 F Iq _ w i The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. 1 _.v-.. ro-. a„-i Spilt 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 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 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); (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. -, i M. � u. = r- 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. Individual Stormwater Page A4 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- 11T.ZI) arsection-IMofCERCLA (Kef- 40 CFR 302.4). M1nr M MIS The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 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. The term does not include discharges from facilities or activities excluded from the NPDES program. The following categories of facilities are considered to be engaging in "industrial activity": a. Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N Parts 400 - 471 (except facilities which are exempted under M of this definition); b. Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28, 29, 30, 311, 32, 33, 3441, 373; c . Facilities classified; as Standard Industrial Classifications 10 through, 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations meeting the definition of a reclamation area under 40 CFR 434.11(1)) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products Iocated on the site of such operations; inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator; d. Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA; e. Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this definition)including those that are subject to regulation under Subtitle D of RCRA; f. Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards and automobile junkyards, including but limited to those classified as Standard Industrial Classification 5015 and 5093; Individual Stormwater Page A5 g. Steam electric power generating facilities, including coal handling sites; h- Transportation facilities classified as Standard Industrial Classifications 40, 41, 42, 44, and 45 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under (a)-(g) or (i)-(k) of this definition are associated with industrial activity; i. Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including lands dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR pan 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the CWA; j. Construction activity including clearing, grading and excavation activities except: operations that result in the disturbance of less that five acres of total land area which are not part of a larger common plan of development or sale; k. Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise included within (a)-O) of this definition). For the categories of industries identified in (a) through 0) of this definition the term includes, butis not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters; sites -used for the storage and maintenance of material handling equipment;. sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for.raw materials, and intermediate and finished products; and areas where industrial: activity has taken,place in the past and significant materials remain and are exposed to stormwater. For the categories of industries identified in (k), the term includes only stormwater discharges from all areas listed in the previous sentence (except access roads)' where material handling equipment or activities, raw material, intermediate products, filial products, waste material, by-products, or industrial machinery are exposed to stonnwater. Material handling activities include the: storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product. The term excludes areas located on plant lands separated from the planfs industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas. Individual Stormwater Page A6 Industrial facilities (including industrial facilities that are Federally or municipally owned or operated that meet the description of the facilities listed in (a)-(k)) include those facilities designated under 40 CFR 122.26(a)(1)(v). The precipitation event of a duration which will produce the maximum peak rate of runoff for the watershed of interest resulting from a rainfall event of an intensity expected to be equaled or exceeded, on the average, once in ten years. 25. Total Flow The flow corresponding to the time period over which the sample collection occurs. The total flow calculated based on the size of the area draining to the outfall, the amount of the built -upon (impervious) surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period. Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. a. Grab samples are individual samples collected instantaneously. Grab samples that will be directly analyzed or visually monitored must be taken within the first 30 minutes of discharge. Grab samples for compositing purposes must be collected. at no greater than 20 minute intervals. b. Composite. Sample: a composite sample shall mean: (1) A flow -weighted composite sample, which is a mixture of aliquots collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of the discharge at the time the sample is collected; or (2) A time -weighted composite sample, which is a mixture of equal volume aliquots collected at a constant interval of time. A composite sample can be obtained from the collection of a series of grab samples, taken at intervals of no greater than 20 minutes for the entire storm event or the first three hours of the storm event. The grab sample to be composited must be of no less than 100 milliliters. Vehicle rehabilitation, mechanical repairs, painting, fueling, Iubrication, vehicle cleaning operations, or airport deicing operations. TM Solid particulate matter, both mineral and organic, that has been or is being transported by wa"-air, air-ils sitroforigin which can be seen with the unaided eye. Individual Stormwater Page A7 30. Waste Pile Any non -containerized accumulation of solid, non -flowing waste that is used for treatment or storage. ..O, The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Individual Stormwater Page A8 SECTIQN—'B: ti N 1. Duty to Comply The permittee mast.comply with all conditionrof this 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 renewal application. a. The permittee shall comply with effluent 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 violatespermit 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 $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] c. Under state law, a daily civil penalty of not more 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: North Carolina General Statutes 143-215.6A] d . Any person may be assessed an administrative penalty by the Administrator 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 $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. 2. The permittee shall take allreasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. f • M� M Except as provided in permit conditions on "Bypassing" (Part II, CA), nothing in this permit shall be construed to relieve the permittee, from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore; the permittm is responsibleforr-consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Individual Stormwater Page A9 Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 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 this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this permit. .. r; -t , '-11•, 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 such information, 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. All applications; reports, or information submitted to the Director shall be signed and certified. a. All applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a Individual Stormwater Page AIO 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 miition-(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. All reports required by the 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 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 knowing violations." The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the. North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Individual Stormwater Page Al It This permit may be modified, revoked and reissued, or terminated for cause. Tile notification of planned changes or anticipated noncompliance does not stay any permit condition. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. a. Definitions (1) 'Bypass" means the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "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. b. Bypass Not Exceeding Limitations. The permittee may allow any bypass to occur which does not cause limitations to be exceeded, but only -if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. C. Notice (1) Anticipated bypass. If the permiuw 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. Individual Stormwater Page Al2 (2) Unanticipated bypass. The permittee shall submit notice within 24 hours of an unanticipated bypass as required in Part II, E. 5. of this permit. (24- hour notice). d. Prohibition of Bypass Bypass is prohibited and the Director may take enforcement action against a permittee for bypass, unless: (1) -Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (2) 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 w 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 (3) The perminm submitted notices as required under Paragraph c. of this section. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in Paragraph d. of this section. 4. U12seS� a. Definition "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. b . Effect of an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of.upset shall demonstrate, through properly signed, contemporaneous_ operating logs, or other. relevant evidence that:. . (1) An upsetoccurred and that the permittee can identify the cause(s) of the upset; Individual Stormwater Page A13 (2) The permitted facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. S. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, A. 2. of this permit. d. Burden of Proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. 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 shall not be changed without notification to and approval of the Director. Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 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 for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq. the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved Individual Stormwater Page A14 methods are determined capable of achieving minimum detection and reporting levels below general permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method roust be used. MEMO Mi. MareM Mom -17PIR-1 The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 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, copies of all reports required by this 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. For each measurement, sample, inspection or maintenance activity performed or taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individuals) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. FROM .-•I.ST, .9�1 5rol M4, 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, uponthe presentation of credentials and other documents as may be required by law, to; Individual Stormwater Page A15 a. Enter upon the pernuttee`s premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times,. for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b . The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with the permit requirements. 3. I=sfCrS 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. 4. Monitoring Rem Monitoring results shall be reported at the intervals specified eisewhere in this permit. 5. Twenty-four Hours Ren��iaF a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware Individual Stormwater Page A16 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 it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.. b . The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. The permittee shall report all instances of noncompliance not reported under Part II. E. 4. and 5. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part 11. E. 5. of this permit. Where the perminee becomes aware that it failed to submit any relevant facts in a notice of intent to be covered under this permit or in any report to the Director, it shall promptly submit such facts or. information. 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 Environmental Management As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.6B or in Section 309 of the Federal Act The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any =ord or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. Individual Stormwater Page All PART III LIMITATIONS REOPENER This 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@) (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 permit; or b . controls any pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART IV 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 permit.