HomeMy WebLinkAboutNCS000582_FINAL PERMIT_20150810STORMWATE R-DIVI'SI-ON-CODI NG-SHEET
PERMIT NO.
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DOC TYPE
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❑ MONITORING INFO
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
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YYYYMM DD
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Ms. Pope -Brown
Ennis -Flint
115 Todd Court
Thomasville, North Carolina 27360
Dear Ms. Pope -Brown:
Donald R. van der Vaart -
Secretary
August 10, 2015
Subject: Final NPDES Stormwater Permit
Permit No. NCS000582
Ennis -Flint
Guilford County
In response to your renewal application for continued coverage under NPDES stormwater permit
NCS000582, the Division of Water Quality (Division) is forwarding herewith the subject state - NPDES
permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1
and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
Agency dated October 15, 2007 (or as subsequently amended).
This final permit includes no major changes from the draft permit sent to you on June 23, 2015.
Please note that analytical and qualitative monitoring is required in this permit. Failure to complete the
monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation
of the Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for
Tampering" and Item 10 "Penalties for Falsification of Reports" of your permit for further information.
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 150E 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 Energy, Mineral, and
Land Resources, or permits required by the Division of Water Resources, Coastal Area Management Act
or any other federal or local governmental permit that may be required.
Division of Energy, Mineral and Land Resources
1612 Mail Service Center, Raleigh, NC 27699-1612 • Phone: 919-707-9200 • Fax: 919-807-6494
Location: 512 N. Salisbury Street, Raleigh, NC 27604 • http://portal.6cdenr.orglwe_bilrl
An Equal Opportunity/Affirmative Action Employer
W. t
Ms. Pope -Brown
August 10, 2015
Page 2 of 2
If you have any questions or comments concerning this permit, contact Richard Riddle at (919) 807-6375
or at rick.riddle(@ncdenr.go.
Sincerely,
ORIGINAL SIGNED B1
KEN PICK F
for Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land Resources
cc: Winston-Salem Regional Office, DEMLR Land Quality Section
Sam Sampath, Ph.D., EPA Region IV, 61 Forsyth Street, Atlanta, GA 30303
Stormwater Permitting Program
DWR Central Files
Attachments
Central Files: APS SWP
8/10/2015
Permit Number NCS000582 Permit Tracking Slip
Program Category Status Project Type
NPOES SW In draft New Project
Permit Type Version Permit Classification
Stormwater discharge, Individual RECEIVED Individual
Primary Reviewer Permit Contact Affiliation
rick.riddle � AUG 12
•2015 Martha Pope Brown
Coastal SWRule CENTRALWR 115 Todd Ct
CTIQI�
Permitted Flow Thomasville NC 27360
Facility
Facility Name
Major/Minor Region
Ennis Flint
Minor Winston-Salem
Location Address
County
201 Old Thomasville Rd
Guilford
Facility Contact Affiliation
High Point NC 27260 Martha Pope Brown
115 Todd Ct
Owner Thomasville NC 27360
Owner Name Owner Type
Ennis Flint Non-Govemment
Owner Affiliation
Martha Pope Brown
115 Todd Ct
Dates/Events Thomasville NC 27360
Scheduled
Orig Issue App Received Draft Initiated Issuance
Public Notice Ipe/1;5
�
Effective
Expiratiop2/4/2015
3/19/2015
6/24/2015
%Dt��j
` 6
(1/J'� a
Regulated Activities
Requested (Received Events_
Misc rubber and plastic products manufac
Region comments on draft requested
5/18/15
Plastics & synthetics manufacturing
Region comments on draft received
6116/15
Outfall 1
Waterbody Name Streamindex Number Current Class Subbasin
Kennedy Mill Creek 12-119-7-2 C 03-07-07
CCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Ms. Pope -Brown
Ennis -Flint
115 Todd Court
Thomasville, North Carolina 27360
Dear Ms. Pope -Brown:
Donald R. van der Vaart
Secretary
August 10, 2015
Subject: Final NPDES Stormwater Permit
Permit No. NCS000582
Ennis -Flint
Guilford County
In response to your renewal application for continued coverage under NPDES stormwater permit
NCS000582, the Division of Water Quality (Division) is forwarding herewith the subject state - NPDES
permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1
and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
Agency dated October 15, 2007 (or as subsequently amended).
This final permit includes no major changes from the draft permit sent to you on June 23, 2015.
Please note that analytical and qualitative monitoring is required in this permit. Failure to complete the
monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation
of the Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for
Tampering" and Item 10 "Penalties for Falsification of Reports" of your permit for further information.
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 III, B.2. addresses the requirements to be followed
in case of change in ownership or control of this discharge. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Energy, Mineral, and
Land Resources, or permits required by the Division of Water Resources, Coastal Area Management Act
or any other federal or local governmental permit that may be required.
Division of Energy. Mineral and Land Resources
1612 Mail Service Center, Raleigh, NC 27699-1612 • Phone: 919-707-9200 + Fax: 919-807-6494
Location: 512 N. Salisbury Street, Raleigh, NC 27604 • hUp://portal.ncdenr.org/web/ir/
An Equal ppportunitylAffirmative Action Employer
Ms. Pope -Brown
August 10, 2015
Page 2 of 2
If you have any questions or comments concerning this permit, contact Richard Riddle at (919) 807-6375
or at rick.riddle(a,ncdenr:aov.
Sincerely,
'��/ j /! �-/�
for Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land Resources
cc: Winston-Salem Regional Office, DEMLR Land Quality Section
Sam Sampath, Ph.D., EPA Region IV, 61 Forsyth Street, Atlanta, GA 30303
Stormwater Permitting Program
DWR Central Files
Attachments
NCS000582
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-21S.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,
Ennis -Flint Manufacturing
is hereby authorized to discharge stormwater from a facility located at
Ennis -Flint Manufacturing Facility
201 Old Thomasville Rd
High Point NC
Guilford County
to receiving waters designated as Kennedy Mill Creek, a class C stream in the Yadkin Pee -
Dee River Basin, in accordance with the discharge limitations, monitoring requirements,
and other conditions set forth in Parts I, II, II1, and IV hereof.
This permit shall become effective September 1, 2015.
This permit and the authorization to discharge shall expire at midnight on August 31, 2020.
Signed this day August 10, 2015.
for Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
Permit No. NCS000582
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART 11 MONITORING; CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: Qualitative Monitoring Requirements
Section D: On -Site Vehicle Maintenance Monitoring Requirements
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
Section A: Compliance and Liability
1. Compliance Schedule
2. Duty to Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
5. Oil and Hazardous Substance Liability
6. Property Rights
7. Severability
8. Duty to Provide Information
9. Penalties for Tampering
10. Penalties for Falsification of Reports
11. Onshore or Offshore Construction
12. Duty to Reapply
r
Permit No. NCS000582
Section B: General Conditions
1. Permit Expiration
2. Transfers
3. Signatory Requirements
4. Permit Modification, Revocation and Reissuance, or Termination
5. Permit Actions
6. Annual Administering and Compliance Monitoring Fee
Requirements
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
S.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Spills
8.
Bypass
9.
Twenty-four Hour Reporting
10,
Other Noncompliance
11.
Other Information
PART IV DEFINITIONS
it
Permit No. NCS000582
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge stormwater associated with industrial activity. Such
discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40
CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater
discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion
must submit a No Exposure Certification Notice of Intent (NOI) form to the Division; must receive
approval by the Division; must maintain no exposure conditions unless authorized to discharge
under a valid NPDES stormwater permit; and must recertify the No Exposure Exclusion annually.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system that has been
adequately treated and managed in accordance with the terms and conditions of this permit. All
stormwater discharges shall be in accordance with the conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or approval.
The stormwater discharges allowed by this permit shall not cause or contribute to violations of
Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Part 1 Page 1 of 2
Permit No. NCS000582
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The
SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP
is public information in accordance with Part 111, Standard Conditions, Section E, paragraph 3 of this
permit. The SPPP shall include, at a minimum, the following items:
1. Site Overview. The Site Overview shall provide a description of the physical facility and the
potential pollutant sources that may be expected to contribute to contamination of stormwater
discharges. The Site Overview shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent map),
showing the facility's location in relation to transportation routes and surface waters; the
name of the receiving waters to which the stormwater outfalls discharge, or if the discharge
is to a municipal separate storm sewer system, the name of the municipality and the
ultimate receiving waters; and accurate latitude and longitude of the points of stormwater
discharge associated with industrial activity. The general location map (or alternatively the
site map) shall identify whether any receiving waters are impaired (on the state's 303(d)
list of impaired waters) or if the site is located in a watershed for which a TMDL has been
established, and what the parameters of concern are.
(b) A narrative description of storage practices, loading and unloading activities, outdoor
process areas, dust or particulate generating or control processes, and waste disposal
practices. A narrative description of the potential pollutants that could be expected to be
present in the stormwater discharge from each outfall.
(c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the
stormwater discharge outfalls; all on -site and adjacent surface waters and wetlands;
industrial activity areas (including storage of materials, disposal areas, process areas,
loading and unloading areas, and haul roads); site topography and finished grade; all
drainage features and structures; drainage area boundaries and total contributing area for
each outfall; direction of flow in each drainage area; industrial activities occurring in each
drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious
surfaces. The site map must indicate the percentage of each drainage area that is
impervious, and the site map must include a graphic scale indication and north arrow.
(d) A list of significant spills or leaks of pollutants during the previous three (3) years and
any corrective actions taken to mitigate spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges. The permittee shall re -certify annually that the stormwater
outfalls have been evaluated for the presence of non-stormwater discharges. The
certification statement will be signed in accordance with the requirements found in Part III,
Standard Conditions, Section B, Paragraph 3.
Part II Page 1 of 10
Permit No. NCS000582
2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a
narrative description of the materials management practices employed which control or
minimize the stormwater exposure of significant materials, including structural and
nonstructural measures. The Stormwater Management Strategy, at a minimum, shall
incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing the
methods of operations and/or storage practices to eliminate or reduce exposure of
materials and processes to rainfall and run-on flows. Wherever practical, the permittee
shall prevent exposure of all storage areas, material handling operations, and
manufacturing or fueling operations. In areas where elimination of exposure is not
practical, this review shall document the feasibility of diverting the Stormwater run-on
away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid ;materials; storage in any amount of Section 313 of Title
III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals:
and storage in any amount of hazardous substan in order to prevent leaks and spills
from contaminating stormwater runoff. A table or summary of all such tanks and stored
materials and their associated secondary containment areas shall be maintained. If the
secondary containment devices are connected to stormwater conveyance systems, the
connection shall be controlled by manually activated valves or other similar devices (which
shall be secured closed with a locking mechanism). Any stormwater that accumulates in the
containment area shall be at a minimum visually observed for color, foam, outfall staining,
visible sheens and dry weather flow, prior to release of the accumulated stormwater.
Accumulated stormwater shall be released if found to be uncontaminated by any material.
Records documenting the individual making the observation, the description of the
accumulated Stormwater, and the date and time of the release shall be kept for a period of
five (5) years. For facilities subject to federal oil Spill Prevention, Control, and
Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant with the
requirements of this permit may be used to demonstrate compliance with this permit.
(c) BMP Summary. A listing of site structural and non-structural Best Management Practices
(BMPs) shall be provided. The installation and implementation of BMPs shall be based on
the assessment of the potential for sources to contribute significant quantities of pollutants
to Stormwater discharges and on data collected through monitoring of stormwater
discharges. The BMP Summary shall include a written record of the specific rationale for
installation and implementation of the selected site BMPs. The BMP Summary shall be
reviewed and updated annually.
3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures
(SPRP) shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel responsible for implementing the SPRP shall be
identified in a written list incorporated into the SPRP and signed and dated by each individual
acknowledging their responsibilities for the plan. A responsible person shall be on -site at all
times during facility operations that have increased potential to contaminate stormwater runoff
through spills or exposure of materials associated with the facility operations. The SPRP must
be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure
plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address
the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be
incorporated by reference into the SPRP.
Part II Page 2 of 10
Permit No. NCS000582
4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance
and good housekeeping program shall be developed and implemented. The program shall
address all stormwater control systems (if applicable), stormwater discharge outfalls, all on -site
and adjacent surface waters and wetlands, industrial activity areas (including material storage
areas, material handling areas, disposal areas, process areas, loading and unloading areas, and
haul roads), all drainage features and structures, and existing structural BMPs. The program
shall establish schedules of inspections, maintenance, and housekeeping activities of
stormwater control systems, as well as facility equipment, facility areas, and facility systems
that present a potential for stormwater exposure or stormwater pollution where not already
addressed under another element of the SPPP. Inspection of material handling areas and
regular cleaning schedules of these areas shall be incorporated into the program. Timely
compliance with the established schedules for inspections, maintenance, and housekeeping
shall be recorded and maintained in the SPPP.
5. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part
of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-
annual schedule, once during the first half of the year (January to June), and once during the
second half Quly to December), with at least 60 days separating inspection dates (unless
performed more frequently than semi-annually). These facility inspections are different from,
and in addition to, the stormwater discharge characteristic monitoring at the outfalls required
in Part 11 B, C, and D of this permit.
6. Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill response and
cleanup, preventative maintenance activities, and for any of the facility's operations that have
the potential to contaminate stormwater runoff. The facility personnel responsible for
implementing the training shall be identified, and their annual training shall be documented by
the signature of each employee trained.
7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the
overall coordination, development, implementation, and revision of the SPPP. Responsibilities
for all components of the SPPP shall be documented and position assignments provided.
8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there
is a change in design, construction, operation, site drainage, maintenance, or configuration of
the physical features which may have a significant effect on the potential for the discharge of
pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an
annual basis. The annual update shall include:
(a) an updated list ofsignifrcant spills or leaks of pollutants for the previous three (3)
years, or the notation that no spills have occurred (element of the Site Overview);
(b) a written re -certification that the stormwater outfalls have been evaluated for the
presence of non-stormwater discharges (element of the Site Overview);
(c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs
(BMP Summary element of the Stormwater Management Strategy).
(d) a review and comparison of sample analytical data to benchmark values (if
applicable) over the past year, including a discussion about Tiered Response status.
The permittee shall use the Division's Annual Summary Data Monitoring Report
(DMR) form, available from the Stormwater Permitting Program's website (See
'Monitoring Forms' here: http://portal.ncdenr.org/web/1r/npdes-stormwater).
Part II Page 3 of 10
Permit No. NCS000582
The Director may notify the permittee when the SPPP does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit
a time schedule to the Director for modifying the SPPP to meet minimum requirements. The
permittee shall provide certification in writing (in accordance with Part III, Standard
Conditions, Section B, Paragraph 3) to the Director that the changes have been made.
9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention
Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control
contaminants entering surface waters via stormwater. Implementation of the SPPP shall
include documentation of all monitoring, measurements, inspections, maintenance activities,
and training provided to employees, including the log of the sampling data and of actions taken
to implement BMPs associated with the industrial activities, including vehicle maintenance
activities. Such documentation shall be kept on -site for a period of five (5) years and made
available to the Director or the Director's authorized representative immediately upon request.
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed- as specified in Table 1. All
analytical monitoring shall be performed during a measureable storm event at each stormwater
discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must
be sampled (See Definitions).
A measurable storm event is a storm event that results in an actual discharge from the
permitted site outfall. The previous measurable storm event must have been at least 72 hours
prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter
interval is representative for local storm events during the sampling period, and the permittee
obtains approval from the local DEMLR Regional Engineer. See Definitions.
Table 1. Analytical Monitoring Requirements
Discharge
Characteristics
Units
Measurement
F're uenc 1
Sample
Type2
Sample
Location3
Total Suspended Solids (TSS)
m L
semi-annual
Grab
SDO
Biochemical Oxygen Demand BODs
m L
semi-annual
Grab
SDO
Chemical Oxygen Demand COD
m L
semi-annual
Grab
SDO
Ammonia, Total as Nitrogen
m L
semi-annual
Grab
SDO
Fl
standard
semi-annual
Grab
SDO
Total Rainfa114
1 inches
I semi-annual
Rain Gauge
Footnotes:
1 Measurement Frequency; Twice per year (unless other provisions of this permit prompt monthly
sampling) during a measureable storm event, until either another permit is issued for this facility or until
this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three
response actions under the previous permit, the facility shall continue a monthly monitoring and
reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or
the Division.
Part II Page 4 of 10
Permit No. NCS000582
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between
outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30
minutes, and shall continue until completed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless
representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be
kept on site.
4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge
is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading
may be substituted for an on -site reading.
The permittee shall complete the analytical samplings in accordance with the schedule specified
below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse
Weather in Definitions). Sampling is not required outside of the facility's normal operating hours.
A minimum of 60 days must separate Period 1 and Period 2 sample dates, unless monthly
monitoring has been instituted under a "Tier Two" response. Inability to sample because of
adverse weather conditions must be documented in the SPPP and recorded on the DMR. The
permittee must report the results from each sample taken within the monitoring period (see Part
111, Section E). However, for purposes of benchmark comparison and Tiered response actions, the
permittee shall use the analytical results from the first sample with valid results within the
monitoring period.
Table 2. Monitoring Schedule
Monitoring periodl,2
Sample Number
Start
End
Year 1- Period 1
1
July 1, 2015
December 31, 2015
Year 1- Period 2
2
January 1, 2016
June 30, 2016
Year 2 - Period 1
3
July 1, 2016
December 31, 2016
Year 2 - Period 2
4
January 1, 2017
June 30, 2017
Year 3 - Period 1
5
July 1, 2017
December 31, 2017
Year 3 - Period 2
6
January 1, 2018
June 30, 2018
Year 4 - Period 1
7
July 1, 2018
December 31, 2018
Year 4 - Period 2
8
January 1, 2019
June 30, 2019
Year 5 - Period 1
9
July 1, 2019
December 31, 2019
Year 5 - Period 2
10
January 1, 2020
June 29, 2020
Footnotes:
1 Maintain semi-annual monitoring until either another permit is issued for this facility or until this
permit is revoked or rescinded. The permittee must submit an application for renewal of coverage
before the submittal deadline (180 days before expiration) to be considered for renewed coverage
under the permit. The permittee must continue analytical monitoring throughout the permit
renewal process, even if a renewal permit is not issued until after expiration of this permit.
2 if no discharge occurs during the sampling period, the permittee must submit a monitoring report
indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period.
Part II Page 5 of 10
Permit No. NCS000582
Failure to monitor semi-annually per permit terms may result in the Division requiring monthly
monitoring for all parameters for a specified time period. "No discharge" from an outfall during a
monitoring period does not constitute failure to monitor, as long as it is properly recorded and
reported.
The permittee shall compare monitoring results to the benchmark values in Table 3. Exceedances of
benchmark values require the permittee to increase monitoring, increase management actions,
increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered
program. See below the descriptions of Tier One, Tier Two, and Tier Three response actions below.
In the event that the Division releases the permittee from continued monthly monitoring and reporting
under Tier Two or Tier Three, the Division's release letter may remain in effect through subsequent
reissuance of this permit, unless the release letter provides for other conditions or duration.
Table 3. Benchmark Values for Analytical Monitoring
Discharge Characteristics
Units
Benchmark
Total Suspended Solids (TSS)
mg/L
100
Biochemical Oxygen Demand (BOD5)
mg/L
30
Chemical Oxygen Demand
mg/L
120
Ammonia, Total as Nitrogen
mg/L
8.4
pHl
standard
6.0 - 8.0
Footnotes:
1. The in -stream water quality standard for pH is 6.0 - 9.0. A smaller stormwater benchmark range is
applied because of the sensitivity of ammonia to increasing pH. The toxicity of ammonia to aquatic life
increases significantly above a pH of 8.0.
The benchmark values in Table 3 are not permit limits but should be used as guidelines for
implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value is not a
permit violation; however, failure to respond to the exceedance as outlined in this permit is a violation
of permit conditions.
Part II Page 6 of 10
Permit No. NCS000582
Tier One
If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for
any parameter at any outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. Identify potential, and select the specific feasible: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, and/or to bring
concentrations within the benchmark range.
4. Implement the selected feasible actions within two months of the inspection.
5. Record each instance of a Tier One response in the SPPP. Include the date and value of the
benchmark exceedance, the inspection date, the personnel conducting the inspection, the selected
actions, and the date the selected actions were implemented.
6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response.
Tier Two
If: The first valid sampling results from two consecutive monitoring periods are above the benchmark
values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall;
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall
conduct monthly monitoring at every outfall where a sampling result exceeded the benchmark
value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue
until three consecutive sample results are below the benchmark values or within benchmark range.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating "No Flow" to comply with reporting requirements.
4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances,
exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three.
The Regional Engineer may direct the response actions on the part of the permittee as provided in
Tier Three, including reduced or additional sampling parameters or frequency.
S. Maintain a record of the Tier Two response in the SPPP.
6. Continue Tier Two response obligations throughout the permit renewal process.
Tier Three
If: The valid sampling results required for the permit monitoring periods exceed the benchmark
value, or are outside the benchmark range, for any specific parameter at any specific outfall on four
occasions, the permittee shall notify the DEMLR Regional Engineer in writing within 30 days of receipt of
the fourth analytical results;
Then: The Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring and reporting frequency for
some or all of the parameters herein;
• require sampling of additional or substitute parameters;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize impacts
on receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion;
• require the permittee to continue Tier Three obligations through the permit renewal process.
Part 11 Page 7 of 10
Permit No. NCS000582
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution
Prevention Plan (SPPP) and identify new potential sources of stormwater pollution. Qualitative
monitoring of stormwater outfalls must be performed during a measurable storm event.
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status. Qualitative monitoring shall be performed semi-annually as specified
in Table 4 (unless the permittee is required to perform further qualitative monitoring per the
Qualitative Monitoring Response, below). Inability to monitor because of adverse weather
conditions must be documented in the SPPP and recorded on the Qualitative Monitoring Report
form (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with
industrial activity must be monitored (See Definitions).
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall
document the suspected cause of the condition and any actions taken in response to the discovery.
This documentation will be maintained with the SPPP.
Table 4. Qualitative Monitoring Requirements
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 Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this
permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods through the end of
this permitting cycle. The permittee must continue qualitative monitoring throughout the permit renewal
process until a new permit is issued.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall
(SDO) regardless of representative outfall status.
A minimum of 60 days must separate monitoring dates, unless additional sampling has been
instituted as part of other analytical monitoring requirements in this permit.
Part II Page 8 of 10
Permit No. NCS000582
If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or
that significant stormwater contamination is present, the permittee shall investigate potential
causes, evaluate the feasibility of corrective actions, and implement those corrective actions within
60 days, per the Qualitative Monitoring Response, below. A written record of the permittee's
investigation, evaluation, and response actions shall be kept in the Stormwater Pollution
Prevention Plan.
tative Monitori
Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new
potential sources of stormwater pollution, and prompting the permittee's response to pollution. If
the permittee repeatedly fails to respond effectively to correct problems identified by qualitative
monitoring, or if the discharge causes or contributes to a water quality standard violation, the
Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for some
or all parameters (analytical or qualitative)
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize
impacts on receiving waters; or
require the permittee implement site modifications to qualify for a No Exposure Exclusion.
SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities that have any vehicle maintenance activity occurring on -site which uses more than 55
gallons of new motor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified below in Table S. All analytical monitoring shall be performed
during a measureable storm event at all stormwater discharge outfalls (SDOs) that discharge
stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented
in Table 2 (Section B).
Part II Page 9 of 10
Permit No. NCS000582
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
Units
Measurement
Fre uenc 1
Sample
Type2
Sample
Location3
Non -Polar Oil & Grease by
EPA Method1664 SGT-HEM
mg/L
semi-annual
Grab
SDO
Total Suspended Solids
m L
semi-annual
Grab
SDO
Total Rainfal14
inches
semi-annual
Rain gauge
-
New Motor Oil Usage 1
gallons/month 1
semi-annual
Estimate
-
Footnotes:
1 Measurement Frequency: Twice per year during a measureable storm event (unless other provisions of
the permit prompt monthly sampling), until either another permit is issued for this facility or until this
permit is revoked or rescinded. See Table 2 for schedule of monitoring periods through the end of this
permitting cycle. If the facility is monitoring monthly because of Tier Two or Three response actions
under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in
Tier Two or Tier Three status until relieved by the provisions of this permit or the Division.
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation
between outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within
the first 30 minutes, and shall continue until completed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur, unless representative outfall
status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site.
4 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain
gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain guage may
be substituted for an on -site reading.
Failure to monitor semi-annually per permit terms may result in the Division requiring monthly
monitoring for all parameters for a specified time period, as provided in Part 11 Section B.
Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values
in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater
Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the permittee to
increase monitoring, increase management actions, increase record keeping, and/or install
stormwater Best Management Practices (BMPs), as provided in Part II Section B.
Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring
Discharge Characteristics
Units
Benchmark
Non -Polar Oil & Grease by
EPA Method1664 (SGT-HEM)
mg/L
15
Total Suspended Solids
mg/L
100
Part II Page 10 of 10
Permit No. NCS000582
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater
discharges in accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first
time: The Stormwater Pollution Prevention Plan shall be developed and implemented
within 12 months of the effective date of the initial permit and updated thereafter on an
annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of
this permit, shall be accomplished within 12 months of the effective date of the initial
permit issuance.
New Facilities applying for coverage for the first time: The Stormwater Pollution
Prevention Plan shall be developed and implemented prior to the beginning of discharges
from the operation of the industrial activity and be updated thereafter on an annual basis.
Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit shall
be accomplished prior to the beginning of stormwater discharges from the operation of the
industrial activity.
Existing facilities previously permitted and applying for renewal: All requirements,
conditions, limitations, and controls contained in this permit (except new SPPP elements in
this permit renewal) shall become effective immediately upon issuance of this permit. New
elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be
developed and implemented within 6 months of the effective date of this permit and
updated thereafter on an annual basis. Secondary containment, as specified in Part 1I,
Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater
discharges from the operation of the industrial activity.
2. Duty to Comply_
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action;
for permit termination, revocation and reissuance, or modification; or denial of a permit
upon renewal application [40 CFR 122.41].
a. The permittee shall comply with standards or prohibitions established under section
307(a) of the CWA for toxic pollutants within the time provided in the regulations that
establish these standards or prohibitions, even if the permit has not yet been modified
to incorporate the requirement [40 CFR 122.411.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318
or 405 of the Act, or any permit condition or limitation implementing any such sections
in a permit issued under section 402, or any requirement imposed in a pretreatment
program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil
penalty not to exceed $37,500 per day for each violation [33 USC 1319(d) and 40 CFR
122.41(a)(2)].
Part III Page 1 of 10
Permit No. NCS000582
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307,
308, 318, or 405 of the Act, or any condition or limitation implementing any of such
sections in a permit issued under section 402 of the Act, or any requirement imposed in
a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is
subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment
of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than
$50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33
USC 1319(c)(1) and 40 CFR 122.41(a)(2)].
d. Any person who knowingly violates such sections, or such conditions or limitations is
subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment
for not more than 3 years, or both. In the case of a second or subsequent conviction for a
knowing violation, a person shall be subject to criminal penalties of not more than
$100,000 per day of violation, or imprisonment of not more than 6 years, or both [33
USC 1319(c)(2) and 40 CFR 122.41(a)(2)].
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308,318 or 405 of
the Act, or any permit condition or limitation implementing any of such sections in a
permit issued under section 402 of the Act, and who knows at that time that he thereby
places another person in imminent danger of death or serious bodily injury, shall, upon
conviction, be subject to a fine of not more than $250,000 or imprisonment of not more
than 15 years, or both. In the case of a second or subsequent conviction for a knowing
endangerment violation, a person shall be subject to a fine of not more than $500,000 or
by imprisonment of not more than 30 years, or both. An organization, as defined in
section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent
danger provision, be subject to a fine of not more than $1,000,000 and can be fined up
to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)].
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed
against any person who violates or fails to act in accordance with the terms, conditions,
or requirements of a permit [Forth Carolina General Statutes § 143-215.6A].
g. Any person may be assessed an administrative penalty by the Administrator for
violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition
or limitation implementing any of such sections in a permit issued under section 402 of
this Act. Administrative penalties for Class I violations are not to exceed $16,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day
during which the violation continues, with the maximum amount of any Class lI penalty
not to exceed $177,500 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)].
3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting human
health or the environment [40 CFR 122.41(d)].
4. Civil and Criminal Liahilit�
Except as provided in Part III, Section C of this permit regarding bypassing of stormwater
control facilities, nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-
Part III Page 2 of 10
Permit No. NCS000582
215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance maybe temporarily suspended.
S. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the
permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal Act, 33 USC 1321.
6. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or
any invasion of personal rights, nor any infringement of federal, state or local laws or
regulations [40 CFR 122.41(g)].
7. Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit, shall
not be affected thereby [NCGS 15013-23].
8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause
exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to
this permit or to determine compliance with this permit. The permittee shall also furnish to
the Permit Issuing Authority upon request, copies of records required to be kept by this
permit [40 CFR 122.41(h)].
9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation,
or by imprisonment for not more than two years per violation, or by both. If a conviction of
a person is for a violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by
imprisonment of not more than 4 years, or both [40 CFR 122.41].
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both [40 CFR
122.41].
11. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore
physical structures or facilities or the undertaking of any work in any navigable waters.
Part III Page 3 of 10
Permit No. NCS000582
12. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration
date of this permit, the permittee must apply for and obtain a new permit [40 CFR
122.41(b)].
SECTION B: GENERAL CONDITIONS
Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit
forms and fees as are required by the agency authorized to issue permits no later than 180
days prior to the expiration date, unless permission for a later date has been granted by
the Director. (The Director shall not grant permission for applications to be submitted later
than the expiration date of the existing permit) [40 CFR 122.21(d)]. Any permittee that has
not requested renewal at least 180 days prior to expiration, or any permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to
expiration, will be subjected to enforcement procedures as provided in NCGS §143-215.36
and 33 USC 1251 et. seq.
Transfers
This permit is not transferable to any person without prior written notice to and approval
from the Director in accordance with 40 CFR 122.61. The Director may condition approval
in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may
require modification or revocation and reissuance of the permit, or a minor modification, to
identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(1)(3),122.61] or state statute. The Permittee is required
to notify the Division in writing in the event the permitted facility is sold or closed.
3. Signatory Requirements
All applications, reports, or information submitted to the Permitting Issuing Authority shall
be signed and certified [40 CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this
Section, a responsible corporate officer means: (a) a president, secretary, treasurer
or vice president of the corporation in charge of a principal business function, or any
other person who performs similar policy or decision making functions for the
corporation, or (b) the manager of one or more manufacturing, production, or
operating facilities, provided, the manager is authorized to make management
decisions which govern the operation of the regulated facility including having the
explicit or implicit duty of making major capital investment recommendations, and
initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations; the manager
can ensure that the necessary systems are established or actions taken to gather
complete and accurate information for permit application requirements; and where
authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
Part III Page 4 of 10
Permit No. NCS000582
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, state, federal, or other public agency: by either a principal
executive officer or ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit
Issuing Authority shall be signed by a person described in paragraph a. above or by a
duly authorized representative of that person. A person is a duly authorized
representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility
for the overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for
environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR
122.22].
Changes to authorization: If an authorization under paragraph (b) of this section is no
longer accurate because a different individual or position has responsibility for the
overall operation of the facility, a new authorization satisfying the requirements of
paragraph (b) of this section must be submitted to the Director prior to or together with
any reports, information, or applications to be signed by an authorized representative
[40 CFR 122.22].
d. Certification. Any person signing a document under paragraphs a. or b. of this section, or
submitting an electronic report (e.g., eDMR), shall make the following certification [40
CFR 122.22]. NO OTHER STATEMENTS -OF CERTIFICATION WILL BE ACCEPTED:
"1 certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properlygather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible forgathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonmentfor knowing violations."
e. Electronic Reports. All electronic reports (e.g., eDMRs) submitted to the Permit Issuing
Authority shall be signed by a person described in paragraph a. above or by a duly
authorized representative of that person as described in paragraph b. A person, and not
a position, must be delegated signatory authority for eDMR or other electronic reporting
purposes.
The Permit Issuing Authority may require the permittee to begin reporting monitoring
data electronically during the term of this permit. The permittee may be required to use
North Carolina's Electronic Discharge Monitoring Report (eDMR) internet application
for that purpose. For eDMR submissions, the person signing and submitting the eDMR
must obtain an eDMR user account and login credentials to access the eDMR system.
Part III Page 5 of 10
Permit No. NCS000582
4, Permit Modification. Revocation and Reissuance. or Termination
The issuance of this permit does not prohibit the Permit Issuing Authority from reopening
and modifying the permit, revoking and reissuing the permit, or terminating the permit as
allowed by the laws, rules, and regulations contained in Title 40, Code of Federal
Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,
Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al.
5. Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any permit
condition (40 CFR 122.41(f)].
6. Annual Administering and Compliance Monitoring Fee Requirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty)
days after being billed by the Division. Failure to pay the fee in timely manner in
accordance with 15A NCAC 2H .0105(b)(2) may cause the Division to initiate action to
revoke the permit.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of this permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures. This provision requires the operation of back-up or auxiliary facilities or
similar systems which are installed by a permittee only when the operation is necessary to
achieve compliance with the conditions of this permit [40 CFR 122.41(e)].
Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit [40 CFR 122.41(c)].
Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for
bypass unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control
facilities, retention of stormwater, or maintenance during normal periods of equipment
downtime or dry weather. This condition is not satisfied if adequate backup controls
should have been installed in the exercise of reasonable engineering judgment to
prevent a bypass which occurred during normal periods of equipment downtime or
preventive maintenance; and
c. The permittee submitted notices as required under, Part III, Section E of this permit.
If the Director determines that it will meet the three conditions listed above, the Director
may approve an anticipated bypass after considering its adverse effects.
Part Ill Page 6 of 10
Permit No. NCS000582
SECTION D: MONITORING AND RECORDS
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of
the volume and nature of the permitted discharge. Analytical sampling shall be performed
during a measureable storm event. Samples shall be taken on a day and time that is
characteristic of the discharge. All samples shall be taken before the discharge joins or is
diluted by any other waste stream, body of water, or substance. Monitoring points as
specified in this permit shall not be changed without notification to and approval of the
Permit Issuing Authority [40 CFR 122.410)].
2. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the
permittee shall record the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and reliability
of measurements of the volume of monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts,
and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water
Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure. If no approved
methods are determined capable of achieving minimum detection and reporting levels
below permit discharge requirements, then the most sensitive (method with the lowest
possible detection and reporting level) approved method must be used.
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.
Part III Page 7 of 10
Permit No. NCS000582
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the
Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be
maintained on -site. The permittee shall retain records of all monitoring information,
including
o all calibration and maintenance records,
o all original strip chart recordings for continuous monitoring instrumentation,
o copies of all reports required by this permit, including Discharge Monitoring
Reports (DMRs) and eDMR or other electronic DMR report submissions,
o copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 5 years from the date of
the sample, measurement, report or application. This period may be extended by request of
the Director at any time [40 CFR 122.41].
7. Inspection and Lntry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required by
law, to:
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any
location [40 CFR 122.41(i)].
SECTION E: REPORTING REQUIREMENTS
1. Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the
Division on Discharge Monitoring Report (DMR) forms provided by the Director or
submitted electronically to the appropriate authority using an approved electronic DMR
reporting system (e.g., eDMR). DMR forms are available on the Division's website
(htt ortal.ncdenr.or web !r n des-stormwater). Regardless of the submission
method (paper or electronic), submittals shall be delivered to the Division or appropriate
authority no later than 30 days from the date the facility receives the sampling results
from the laboratory.
When no discharge has occurred from the facility during the report period, the permittee is
required to submit a discharge monitoring report, within 30 days of the end of the specified
Part III Page 8 of 10
Permit No. NCS000582
sampling period, giving all required information and indicating "NO FLOW" as per NCAC
T15A 02B .0506.
If the permittee monitors any pollutant more frequently than required by this permit using
test procedures approved under 40 CFR Part 136 and at a sampling location specified in this
permit or other appropriate instrument governing the discharge, the results of such
monitoring shall be included in the data submitted on the DMR.
The permittee shall record the required qualitative monitoring observations on the SDO
Qualitative Monitoring Report form provided by the Division and shall retain the completed
forms on site. Qualitative monitoring results should not be submitted to the Division,
except upon the Division's specific requirement to do so. Qualitative Monitoring Report
forms are available at the website above.
Submitting Reports
Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to:
Central Files
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The Permit Issuing Authority may require the permittee to begin reporting monitoring data
electronically during the term of this permit. The permittee may be required to use North
Carolina's eDMR internet application for that purpose. Until such time that the state's eDMR
application is compliant with EPA's Cross -Media Electronic Reporting Regulation
(CROMERR), permittees will be required to submit all discharge monitoring data to the
state electronically using eDMR and will be required to complete the eDMR submission by
printing, signing, and submitting one signed original and a copy of the computer
printed eDMR to the address above.
3. Availability 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 of this
permit shall be available for public inspection at the offices of the Division. As required by
the Act, analytical data shall not be considered confidential. Knowingly making any false
statement on any such report may result in the imposition of criminal penalties as provided
for in NCGS 143-215.6E or in Section 309 of the Federal Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this permit coincides with a non-
stormwater discharge, the permittee shall separately monitor all parameters as required
under all other applicable discharge permits and provide this information with the
stormwater discharge monitoring report.
5. Planned 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 [40 CFR 122.41(I)]. This notification requirement includes pollutants which are
not specifically listed in the permit or subject to notification requirements under 40 CFR
Part 122.42 (a).
Part III Page 9 of 10
Permit No. NCS000582
6. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes at the
permitted facility which may result in noncompliance with the permit [40 CFR
122.41(l)(2)].
Spills
The permittee shall report to the local DEMLR Regional Office, within 24 hours, all
significant spills as defined in Part IV of this permit. Additionally, the permittee shall report
spills including: any oil spill of 25 gallons or more, any spill regardless of amount that
causes sheen on surface waters, any oil spill regardless of amount occurring within 100 feet
of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24
hours.
8. Bypass
Notice [40 CFR 122.41(m)(3)]:
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall
submit prior notice, if possible at least ten days before the date of the bypass; including
an evaluation of the anticipated quality and effect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming
aware of an unanticipated bypass.
9. Twenty-four Hour Resorting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall
be provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time
the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time compliance is expected
to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance [40 CFR 122.41(1)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under
this section if the oral report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's
Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300.
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour
reporting at the time monitoring reports are submitted [40 CFR 122.41(1)(7)].
11. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to
the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)].
Part III Page 10 of 10
NCS000582
PART IV DEIF'INITIONS
Act
See Clean Water Act.
2. Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel,
such as local flooding, high winds, or electrical storms, or situations that otherwise make
sampling impractical. When adverse weather conditions prevent the collection of samples
during the sample period, the permittee must take a substitute sample or perform a visual
assessment during the next qualifying storm event. Documentation of an adverse event
(with date, time and written narrative) and the rationale must be included with your SPPP
records. Adverse weather does not exempt the permittee from having to file a monitoring
report in accordance with the sampling schedule. Adverse events and failures to monitor
must also be explained and reported on the relevant DMR.
3. Allowable Non--Stormwater Di cs harges
This permit regulates stormwater discharges. However, non-stormwater discharges which
shall be allowed in the stormwater conveyance system include:
a. All other discharges that are authorized by a non-stormwater NPDES permit.
b. Uncontaminated groundwater, foundation drains, air -conditioner condensate without
added chemicals, springs, discharges of uncontaminated potable water, waterline and
fire hydrant flushings, water from footing drains, flows from riparian habitats and
wetlands.
c. Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or
eye wash as a result of use in the event of an emergency.
4. Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs may take the form of a process, activity, or physical structure. More information on
BMPs can be found at: http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index,cfm.
S. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control
facility including the collection system, which is not a designed or established operating
mode for the facility.
6. Bulk Storage of Liquid Products
Liquid raw materials, intermediate products, manufactured products, waste materials, or
by-products with a single above ground storage container having a capacity of greater than
660 gallons or with multiple above ground storage containers located in close proximity to
each other having a total combined storage capacity of greater than 1,320 gallons.
7. Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit
upon issuance and lists the facility name, location, receiving stream, river basin, effective
date of coverage under any General Permit and is signed by the Director.
8. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
Part IV Page 1 of 4
Permit No. NCS000582
9. Division or DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environment and
Natural Resources.
10. Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing
authority.
11. EMC
The North Carolina Environmental Management Commission.
12. Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed
(quantitatively or qualitatively) must be taken within the first 30 minutes of discharge.
13. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean
Water Act-
14. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which
is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste
long-term storage facility or a surface storage facility.
15. Measureable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The
previous measurable storm event must have been at least 72 hours prior. The 72-hour
storm interval may not apply if the permittee is able to document that a shorter interval is
representative for local storm events during the sampling period, and obtains approval
from the local DEMLR Regional Office. Two copies of this information and a written request
letter shall be sent to the local DEMLR Regional Office. After authorization by the DEMLR
Regional Office, a written approval letter must be kept on site in the permittee's SPPP.
16. Municipal Separate Storm Sewer System LMS41
A stormwater collection system within an incorporated area of local self-government such
as a city or town.
17. No Exposure
A condition of no exposure means that all industrial materials and activities are protected
by a storm resistant shelter or acceptable storage containers to prevent exposure to rain,
snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to,
material handling equipment or activities, industrial machinery, raw materials,
intermediate products, by-products, final products, or waste products [40 CFR 122.26
(b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES Stormwater Permitting
requirements only if a facility complies with the terms and conditions described in 40 CFR
§122.26(g).
Part IV Page 2 of 4 Pages
Permit No. NCS000582
18. Notice of Intent
The state application form which, when submitted to the Division, officially indicates the
facility's notice of intent to seek coverage under a General Permit.
19, Permit Issuing Authoritx
The Director of the Division of Energy, Mineral, and Land Resources (see "Director' above).
20. Permittee
The owner or operator issued this permit.
21. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to,
any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is
or may be discharged to waters of the state.
22. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is
representative of the discharges at multiple outfalls, the Division may grant representative outfall
status. Representative outfall status allows the permittee to perform analytical monitoring at a
reduced number of outfalls.
23. Secondary Containment
Spill containment for the contents of the single largest tank within the containment
structure plus sufficient freeboard to contain the 25-year, 24-hour storm event.
24. Section 313 Water Priority Chemical
A chemical or chemical category which:
b. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency
Planning and Community Right -to -Know Act of 1986;
C. Is present at or above threshold levels at a facility subject to SARA title III, Section 313
reporting requirements; and
d. Meets at least one of the following criteria:
i. is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants),
Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic
pollutants and hazardous substances);
ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at
40 CFR 116.4; or
iii. Is a pollutant for which EPA has published acute or chronic water quality criteria.
25. Severe PropeM Damage
Substantial physical damage to property, damage to the control facilities which causes them
to become inoperable, or substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. Severe property damage does
not mean economic loss caused by delays in production.
26. Significant 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
Part IV Page 3 of 4 Pages
Permit No. NCS000582
CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of
SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have
the potential to be released with stormwater discharges.
27. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of
reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40
CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4).
28. Stormwater Discharge Outfall (S )
The point of departure of stormwater from a discernible, confined, or discrete conveyance,
including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or
channelized collection areas, from which stormwater flows directly or indirectly into waters
of the State of North Carolina.
29. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
30. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater
and which is directly related to manufacturing, processing or raw material storage areas at
an industrial site. Facilities considered to be engaged in "industrial activities" include those
activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from
facilities or activities excluded from the NPDES program.
31. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce
stormwater pollution and is based on an evaluation of the pollution potential of the site.
32. Total Maximum Daily Load TMDL
TMDLs are written plans for attaining and maintaining water quality standards, in all
seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of
North Carolina can be found at http://portal.ncdenr.oralweblwglpslmtu/tmdl.
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
34. Vehicle Maintenance, Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning
operations, or airport deicing operations.
35. 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 IV Page 4 of 4 Pages