NCS000536_FINAL PERMIT_20101130 (2)

I= -
Beverly Eaves Perdu.
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
e Colleen H, Sullins
Director
November 30, 2010
Mr. John Sich
Floorazzo Tile, l-LC
215 West Third St.
Siler City, North Carolina 27344
Subject: Final NPDES Stormwater Permit
Permit No. NCS000536
Floorazzo Tile, I.I-C
Chatham County
Dear Mr, Sich:
Dee Freeman
. Secretary
RECEIVED
DEC --22010
NC DENR
Raleigh Regional Office
In response to your application for coverage under an NPDES Stormwater permit, the Division of Water
Quality (DWQ) is forwarding herewith the subject state - NPDES permit, NC5000536. 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 revised draft permit emailed to you and Mr. Harvey
Harman on October 14, 2010. Although no formal comments were received from either you or the public on
the draft permit by the comment period deadline of November 14, 2010, DWQ did receive and consider the
two emailed comments received November 29, 2010 in the finalization of the permit. The comments related
to the draft were understood as a request to (1) remove one or two outfall locations near the roadway based
on their commingling with road runoff and (2) remove acute toxicity monitoring requirements from the permit
entirely.
The basis for rejecting the inclusion of your requests at this time is presented below for your consideration.
First, during the site visit performer! on January 6, 2010, Floorazzo and DWQ staff identified five separate
outfall locations with either the potential to receive runoff from the facility or that contained evidence of
waste product migration. These locations were agreed upon as the appropriate outfalls to be sampled. While
we acknowledge that it may be possible for road runoff to commingle with Florrazzo's runoff at one or more
outfall locations, that argument alone without further data or observation to verify the assertion is not
sufficient to exclude the outfalls in question from monitoring. At this time, it would be premature remove
these outfall locations.
However, the Raleigh Regional Office has the authority to grant Floorazzo representative outfall status to
reduce the number of sampled outfalls based on their similarity of discharges to other outfall locations if
supported by analytical data or other evidence. An application must be made for this request and can be
found on our website at http://portal.ncdenr.orcilweb/wci/ws/su/`npdessw. There is no fee associated with this
request.
Secondly, Floorazzo's comments regarding acute toxicity testing did not provide a clear argument for its
removal as a parameter. As you or Mr. Harman may recall, this parameter was requested during the initial
wetlands and Slormwaier Branch QnC
1617 Mail Service Center. Raleigh, North Carol'ma 2769�-•I617 North Carol i lia
Location: 5.8 N. Salisbury SI, Raleigh, North Carolina 27604 .y ,Vatural `y
Phone: [phone] FAX: 91 Q.eD7.64941 Customer Service: 1.877.623-6746 �J/�y/ L/
Internet: www.ncwalefquallty.org
An EQual ooaortundv % Afliimativa Action EmoVovw

Mr. John Sich ,
Floorazzo Tile, LLC
Permit No. NCS000536
application sampling but was not collected because the selected laboratory was not capable of performing
the test. Based on the analytical results of the outfall locations that were provided, including the presence of
stryrene and other pollutants, and the fact that Love's Creek is an impaired stream with impairment
attributed to toxic chemicals from urban runoff, the addition of acute toxicity testing as a monitoring
parameter was deemed appropriate. At this time, DWQ has no contrary data to warrant removal of this
testing parameter.
Please keep in mind that DWQ has the ability to make minor modifications to the permit, including changes to
monitoring requirements, at any time it is warranted. Our recommendation for Floorazzo would be to collect
data on stormwater discharges according to permit requirements for at least one year (4 events minimum),
analyze the data, and present it to us with your request(s) to modify and reduce sampling requirements for
the remainder of the permit cycle. This type of approach will provide a clearer picture for both Floorazzo and
DWQ to make appropriate decisions going forward.
Please note that 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 16 "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 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, please contact Cory Larsen at [phone]
or [e-mail].
cc: Raleigh Regional Office, Vick Webb
EPA Region IV, Mike Mitchell
Central Files
Stormwater Permitting Unit
Attachments
Sincerely,
/OL/� 1,49�e Lt_,
forColeen H. Sullins, Director
2

• NCS000536
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 143-2I 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,
F'LOORAZZO TILE, LLC
is hereby authorized to discharge stormwater from a facility located at
Floorazzo Tile, LLC
215 West Third Street
Siler City, NC
'Chatham County
to receiving waters designated as Loves Creek, a class C 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 December 1, 2010.
This permit and the authorization to discharge shall expire at midnight on November 30, 2015.
Signed this day, November 30, 2010.
,for Coleen H. Sullins Director
Division of Water Quality
By the Authority of the Environmental Management Commission

. Permit No. NCS000536
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Sto'rmwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: Qualitative Monitoring Requirements
Section D: On -Site Vehicle Maintenance Monitoring Requirements
PART Ill STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL
PERMITS
Section A: Compliance
and Liability
I.
Compliance Schedule
2.
Duty to Comply
3'.
Duty to Mitigate
4.
Civil and Criminal Liability
5.
Oil and Hazardous Substance Liability
6.
Property Rights
7.
Severability
8.
Duty to Provide Information
9.
Penalties for Tampering
10.
Penalties for Falsification of Reports
Section B: General Conditions
1.
Individual Permit Expiration
2.
Transfers
3.
Signatory Requirements
i

• • Permit No. NCS000536
4. Individual Permit Modif cation, 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. Arnticipated Noncompliance
7. Spills
8. Bypass
9. Twenty-four Hour Reporting
I0. Othier Noncompliance
]I. Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
11

#� •Permit No, NC5000536
i PART I INTRODUCTION
• 1
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 NO] 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-Caiolina 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 I of 2

SECTION C: LOCATION MAP
• Permit No. NCS000536
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NCS00053C
Map Scale 1: 20, 000
FLOORAZZO TILE, LLC
Lab bade: 350 43' 25" N
Longitude: 790 28' 01" W
County: Chatham
Receiving Stream: Loves Creek
Stream Class: C
Sub -basin: 03-06-12 (Cape Fear' River Basin)
Facility Location

• Permit No. NCS000536
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 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
outfali(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 general location
map (or alternatively the site map) shall identify whether each receiving water is
impaired (on the state's 303(d) list of impaired waters) or is located in a
watershed for which a TMDL has been established, and what the parameter(s)
of concern are.
(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 (including a distance legend) showing: the site property
boundary, the stormwater discharge outfalls, all on -site and adjacent surface
waters and wetlands, industrial activity areas (including storage of materials,
disposal areas, process areas, loading and unloading areas, and haul roads), site
topography, all drainage features and structures, drainage areas for each outfall,
.direction of flow in each drainage area, industrial activities occurring in each
drainage area, buildings, existing BMPs, and impervious surfaces. The site map
must indicate the percentage of each drainage area that is.impervious.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the three (3) previous years and any corrective actions taken to mitigate
spill impacts.
(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
Part II Page I of 10

•
. Permit No. NCS000536
B, Paragraph 5. The permittee shall re -certify annually that the stormwater
outfalls have been evaluated for the presence of non-stormwater discharges.
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
313, of Title III of the Superfund Amendments and Reauthorization Act (SARA)-
water priority chemicals; and storage in any amount of hazardous substances, in
order to prevent leaks and spills from contaminating stormwater runoff. A table
or summary of all such tanks and stored materials and their associated secondary
containment areas shall be maintained. If the secondary containment devices are
connected to stormwater conveyance systems, the connection shall be controlled
by manually activated valves or other similar devices (which shall be secured
closed with a lucking 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 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 years.
(e) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMP) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
3. 'Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel (or the team) responsible for implementing the
SPRP shall'be identified in a written list incorporated into the SPRP and signed and dated
by each individual acknowledging their responsibilities for the plan. A responsible
Part 11 Page 2 of 10

• • Permit No. NCS000536
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 Spill
Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP,
but may not be sufficient to completely address the stormwater aspects of the SPRP. The
common elements of the SPCC with the SPRP may be incorporated by reference into the
SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance and good housekeeping program shall be developed. The program shall list
all stormwater control systems, 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.
Inspection of material handling areas and regular cleaning schedules of these areas shall
be incorporated into the program. Timely compliance with the established schedules for
inspections, maintenance; and housekeeping shall be recorded in writing and maintained
in the SPPP.
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. Facility personnel (or team)
responsible for implementing the training shall be identified, and their annual training
shall be documented by the signature of each employee trained.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position assignments provided.
7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters, All aspects of the
Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual
basis. The annual update shall include an updated list of significant spills or leaks of
pollutants for the previous three years, or the notation that no spills have occurred. The
annual update shall include written re -certification that the stormwater outfalls have been
evaluated for the presence of non-stormwater discharges. Each annual update shall
include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP
Summary of the Stormwater Management Plan.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
Part tl Page 3 of !0

•
iPermit No. NCS000536
submit.a time schedule to the,Director forrrnodifyirig`the Plan to meet minimum
requirements. The pernittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes
have been made.
Facility Inspections. Inspections of the facility and all stormwater systems shall occur as
part of the Preventative Maintenance and Good Housekeeping Program at a minimum on
a semi-annual schedule, once during the first half of the year (January to June), and once
during the second half (July to December), with at least 60 days separating inspection
dates (unless perfonned more frequently than semi-annually). These facility inspections
are different from, and in addition to, the stormwater discharge characteristic monitoring
required in Part II B and C of this permit.
9. Implementation. The pennittee shall implement the Plan. Implementation of the Plan
shall include documentation of all monitoring, measurements, inspections, maintenance
activities, and training provided to employees, including the log of the sampling data and
of actions taken to implement BMPs associated with the industrial activities, including
vehicle maintenance activities. Such documentation shall be kept on -site for a period of
five years and made available to the Director or the Director's authorized representative
immediately upon request.
Part II Page 4 of 10

0
• Permit No. NCS000536
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 .14 analytical samplings being conducted over the term of
the permit at each stormwater discharge outfall (SDO).
A representative storm event is a storrn event that measures greater than 0.1 inches of rainfall. The time
between this storm event and the previous storm event measuring greater than 0.1 inches must be at least
72 hours. A single storm event may have a period of no precipitation of up to .10 hours. For example, if
it rains but stops before producing any collectable discharge, a sample may be collected if the next rain
producing a discharge begins within 10 hours.
Table 1. Analytical Monitoring Requirements
Discharge
Characteristics
Units
Measurement
Fre uene t
Sample
Type2
Sample
Location3
Total Sus ended Solids
m L
Quarterly, semi-annual
Grab
SDO
Chemical Oxygen Demand
m L
Quarterly, semi-annual
Grab
SDO
St ene
m L
Quarterly, semi-annual
Grab
SDO
H
standard
Quarterly, semi-annual
Grab
SDO
Acute Toxicity5
%
Quarterly, semi-annual
Grab
SDO
Total Rainfal14
inches
Quarterly, semi-annual
ain Gauge
-
Footnotes:
I Measurement Frequency: Four times per year during a representative storm event for .Year I and Year 2, and then, upon
approval from Raleigh Regional Office (RRO) based on permit compliance, status,'twice per year for the remainder of the
permit according to the schedule in Table 2. if RRO approval is not granted, maintain quarterly monitoring for the
remainder of the permit.
2 Grab samples shall be collected within the first 30 minutes of discharge.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall
status has been granted.
4 For each sampled representative storm event the total precipitation must be! recorded. An on -site rain gauge or local rain
gauge reading must be recorded.
5 Acute Toxicity shall be performed in accordance with Appendix A at the end of this permit.
The permittee shall complete a minimum of 14 analytical samplings in accordance with the,
schedule specified below in Table 2. A minimum of 30 days must separate sample dates
unless monthly monitoring has been instituted under a Tier Two response.
Part lI Page 5 of 10

•
• Permit No. NCS000536
i�sr., s,• (s.
Table 2. Monitorint; Schedule
Monitoring period('Z_`
Sample Number
I Start
End
Year I.- Period i
I
December 1, 2010
February 28, 20 11
Year 1 - Period 2
2
March 1, 2011
May 31, 2011
Year I - Period 3
3
June 1, 2011
August 31, 2011
Year I - Period 4
4
September 1, 2011
November 30, 2011
Year 2 -Period 1
5
December 1, 2011
February 29, 2012
Year 2 •- Period 2
6
March 1, 2012
May 31, 2012
Year 2 - Period 3
.7
June 1, 2012
August 31, 2012
Year 2 - Period 4
8
September 1, 2012
November 30, 2012
Year 3 - Period 1
9
December 1, 2012
May 31, 2013
Year 3 - Period 2
10
June 1, 2013
November 30, 2013
Year 4 - Period I
1 I
December 1, 2013
May 31, 2014
Year 4 - Period 2
12
June I, 2014
November 30, 2014
Year 5 - Period 1
13
December 1, 2014
May 31, 2015
Year 5 - Period 2
14
June 1, 2015
November 30, 2015
Footnotes:
Maintain semi-annual monitoring during permit renewal process. If at the expiration of the Individual
Permit, the permittee has submitted an application for renewal of coverage before the submittal deadline,
(lie permittee will be considered for renewed coverage. 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.
3 See "Cable 1, Footnote I: Monitoring schedule may remain at quarterly for entire permit duration at the
discretion of Raleigh Regional Office.
The permittee shall report the .analytical results from each sample within the monitoring period. The
permittee shall compare monitoring results to the benchmark values in Table 3. The benchmark
values in Table 3 are not 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.
Table 3. Benchmark Values for Analytical Monitoring
Discharge Characteristics
Units
Benchmark
Total Suspended Solids
mg/L
100
Chemical Oxygen Demand
tng/L
120
Styrene
mg/L
No' Benchmark Value - Monitor Only
Acute Toxicity
%
See Appendix A
pH
standard
6-9
Partll Page 6 of I0

r:
• Permit No. NCS000536
Tier One
If: The first valid sampling results are above a, benchmark value, or outside of the benchmark range, for
any 2arameter at an 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 exc:eedence.
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
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.
Tier Two
If: During the term of this permit, 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.
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.
3. If no discharge occurs during the sampling period, the permittee is required to subrhit a monthly
monitoring report indicating "No Plow" to comply with reporting requirements.
4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan.
During the term of this permit, if the valid sampling results required for the permit monitoring periods
exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any
specific outfall on four occasions, the permittee shall notify the DWQ Regional Office Supervisor in
writing within 30 days of receipt of the fourth analytical results. DWQ may but is not limited to:
• require that the permittee revise, 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
• require the pennittee to perform upstream and downstream analytical monitoring ; or
• require that the permittee implement site modifications to qualify for the No Exposure
Exclusion.
Part It Page 7 of 10

• Permit No, NCS000536
This -site discharges to impaired waters experiencing problems with aquatic life. If a Total
Maximum Daily Load (TMDL) is approved for this segment of Loves Creek, 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 BM:Ps into the permitted Stormwater Pollution Prevention Plan.
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, 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
Frequency)
Monitoring
Location2
Color
Quarterly, semi. -annual
SDO
Odor
uarterl , semi-annual
SDO
Clarity
Quarterly, semi -:annual
SDO
Floating Solids
Ouarterlv. semi-annual
SD'O
Suspended Solids
uarterl , semi-annual
SDO
Foam
Quarterly, semi-annual
SDO
Oil Sheen
Ouarterl , semi-atinual
SDO
Erosion or deposition at the outfall
Qua rterl , semi-annual
SDO
Other obvious indicators
of stormwater pollution '
Quarterly, semi-annual
SDO
Footnotes:
Measurement Frequency: To be performed concurrently and on the same schedule as analytical monitoring. 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.
Part 11 Page 8 of 10

• • Permit No. NCS000536
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 areas
and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring
shall be performed during a representative storm event. .
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
Units
Measurement
Fre uenc t
Sample
Type2
Sample
Location3
H
standard
semi-annual
Grab
SDO
Non -Polar O&G / TPH
EPA Method 1664 (SGT-HE.M)
mg/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
allons/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. 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 stone 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
permitee 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
Non -Polar O&G / TPH
[EPA Method 1664 (SGT-HEM)]
mg/L
15
Total Suspended Solids
mg/L
100
Part 11 Page 9 of 10

• Permit No. NCS000536
PART Ill STANDARD CONDITIONS FMNPDES'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:
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.
However, within 120 days of the effective date of the permit, all raw or waste materials containing
styrene shall be secured so as no commingling with stormwater occurs. That is, the permittee shall
implement containment measures and/or modify operations such that no styrene -based process
materials or wastes commingle with or contact stormwater. runoff.
2. Du!y to Compiv
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 S25,000 per day for each violation. Any person who negligently violates any
permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or
imprisonment for not more than 1 year, or both. Any person who knowingly violates permit
conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or
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 S 125,000. [Ref Section 309 of the Federal Act 33 USC 1319 and 40 CFR
122.41(a).]
Under state law, a daily civil penalty of.not more than ten thousand dollars ($10,000) per violation
may be assessed against any person who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit. [Ref: NC General. Statutes 143-215.6A).
Any person may be assessed an administrative penalty by the Director for violating section 301,
302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any
of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class
I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $25,000. Penalties for Class 11 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 penally not to exceed $125,060.
PartIII Page 1 of 8

0
. Permit No. NCS000536
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.
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 311 of the Federal Act, 33 USC 1321.
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.
Severab it i!y
The provisions of this individual permit are severable, and if any provision of this individual permit, or the
application of any provision of this individual permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this individual permit, shall not be affected
thereby.
Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the Director
may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the
permit issued pursuant to this individual permit or to determine compliance with this individual permit. The
permittee shall also furnish to the Director upon request, copies of records required to be kept by this
individual permit.
Penalties for Tamperinf"
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate,
any monitoring device or method required to be maintained under this individual permit shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more
than two years per violation, or by both, if a conviction of a person is for a violation committed after a first
conviction of such person under this paragraph, punishment is a fine Of not more that $20,000 per day of
violation, or by imprisonment of not more than 4 years, or both.
10, Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this individual
Part III Page 2 of 8

. Permit No. NCS000536
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 13: GENERAL CONDITIONS
Individual Permit_Exi3iration
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 § 143-215.36 and 33 USC 1251 et. seq.
2. Transfers
This permit is not. transferable to any person except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is
required to notify the Division in writing in the event the permitted facility is sold or closed.
Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed and certified.
a. All applications to be covered under this individual permit shall be signed as follows:
(1) In the case of a corporation. by a principal executive officer of at least the level of vice-
president, or his duly authorized representative, if such representative is responsible for
the overall operation of the facility from.which'the discharge described in the permit
application form originates;
(2) In (lie case of a partnership or limited partnership: by a.general partner;.
(3) - In the case of a sole proprietorship: by the proprietor;
(4) In the case of a municipal, state, or other public entity: by a principal executive officer,
ranking elected official, or other duly authorized employee:
b. All reports required by the individual permit and other information requested by the Director shall
be signed by a person described above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
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
Part III Page 3 of 8

0 • Permit No. NCS000536
(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."
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 individtud 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.
3. Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless:
Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
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
PartlIl Pagc 4 of 8

• Permit No. NCS000536
►a
C. The permittee submitted notices as required under, Part II1, 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 that is characteristic of the discharge. All samples shall be
taken before the discharge.joins or is diluted by any other waste stream, body of water, or substance.
Monitoring points as specified in this permit shall not be changed without notification to and approval of
the Director.
2. Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the
requirements of this individual permit, the permittee shall record the following information:
a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity;
b. The individual(s) ,,vho performed the sampling, measurements, inspection or maintenance activity;
C. The date(s) analyses were performed;
d. The individuai(s) who performed the analyses;
e., The analytical techniques or methods used; and
f. The results of such analyses.
3.' Flow Measurements
Where required, appropriaw 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. NCS000536
5. Representative Outfrll
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 ofoutfalls.
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.
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 facilitywhich 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 accer:s to and copy, at reasonable tunes, any records that must be kept under the conditions of
this individual permit;
c. Inspect at reasonable times'any facilities, equipment (includi.ng 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 delivered to the Division
no later than 30 days from the date the facility receives the sampling results from the laboratory.
The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional
Office in February of each year. The submittal shall be on forms surplied by the Division.
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.
The permittee shall record the required qualitative monitoring obsertations on the SDO Qualitative
Monitoring Report form provided by the Division, and shall retain the completed forms on site. Visual
Part III Page 6 of 8

0
• Permit No. NCS000536
monitoring results should not be submitted to the Division; except upon DWQ's specific requirement to do
SO.
2. Submitting Reports
Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to:
Central Files
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
In addition, a separate signed Annual Summary DMR copy shall be submitted to the local DWQ Regional
Office (RO) by March I of each year.
Addresses for each RO and the counties covered by each RO can be found here:
httn://www.enr.state.nc.us/littni/reaionaloflices.litmi. The permittee shall retain the completed originals
on site. Visual monitoring results should not be submitted to the Regional Offices or Central Files unless
specifically requested by DWQ.
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 I43-215.613 or in Section 309 of the Federal Act.
4: . Non-Stormwaler Disc_ har- s
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-stormwaterm discharge permit and provide this information with the storwater discharge monitoring report.
Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which could significantly alter the nature or quantity of pollutants discharged. This notification
requirement includes pollutants which are not specifically listed in the Individual Permit or subject to
notification requirements under 40 CFR Part 122.42 (a).
Anticipated Noncom liancc
The pernittee 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.
Spills
The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as
defined in Part VI of this permit. Additionally, the permittee shall report spills including: any oil spill of 25
gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill
regardless of amount occun•ing within 100 feet of surface waters, and any oil spill less than 25 gallons that
cannot be cleaned up within 24 hours.
Part fit Page 7 of 8

• -
• Permit No. NCS000536
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.
9. Twen!y-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any noncompliance which
may endanger health of 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 ofthe 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.
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted.
11. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in'a Notice of Intent to be
covered under this Individual Permit or in any report to the Director, it shall promptly submit such facts or
information.
Part III Page 8 of 8

• • NCS000536
PART IV LIMITATIQNS 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 provisions 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
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by
the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this
Division to initiate action to revoke the Individual Permit.
PART VI DEFINITIONS
. Act
See Clean Water Act.
2. Allowable Nan-Stormwater_Discharaes
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.
3. Best Manaaement_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:
]ittp://cfpub.epa.gov/npdcs/stormwater/menuofbmps/index,cfm.
4. amass
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.
5. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single above ground
storage container having a rapacity 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.
Parts IV, V and VI Page I of

Permit No. NCS000536
6. Certificate ofCoveraee
The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual Permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under
the permit and is signed by the Director. '
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. Director
The Director of the Division of Water Quality, the permit issuing autritority.
10, EMC ;
The North Carolina Environmental Management Commission.
H. Grab Samole
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or
qualitatively) must be taken within the first 30 minutes of discharge.
12. Hazardous Substance
Any substance designated under 40 CFR Part1 16 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 hazard,)us 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,
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. 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 an Individual Permit.
17. Permittee
The owner or operator issued a certificate of coverage pursuant to this Individual Permit.
18. Point Source Discharge of Storm_water
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch,
channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters
of the state.
Part V 1 Page 2 of 4 Pages

•
• Permit No. NCS000536
19. Representative Storm Event
A storm event that measures greater than'0.1 inches of rainfall ."The time between this storm event and the previous
storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of
no precipitation of up to 1 i) hours. For example, if it rains but stops before producing any collectable discharge, a
sample may be collected if the next rain producing a discharge begins within 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. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus sufficient
freeboard to allow for the :?5-year, 24-hour storm event.
22. Section 313 Water Priority Chemical
A chemical or chemical caregory 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. Meets at least one of the following criteria:
(1) Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table
III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);',
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
CFR H 6.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
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 lo: releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clcan Water Act (Ref: 40 CFR 1 10.10 and CFR 117.21) or section 102 of
CERCLA (Ref: 40 CFR 302.4).
26. Stormwater Discharge Out ill (SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not
limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from
which stormwater flows directly or indirectly into waters of the State of North Carolina.
Part VI Page 3 of 4 Pages

0
rPermit No. NCS000536
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 Activiri
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. 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-//h2o.enr.state.ne.us/tmdl/)
31. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act,
32. Vehicle Maintenance Activitv
Vehicle rehabilitation, mechanical.repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations.
33. 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.
34. 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 V I Page 4 of 4 Pabes

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APPENDIX A: ACUTE TOXICITY TESTING FOR STORMWATER OUTFALLS
I. ANNUAL TESTING (PASS/FAIL ACUTE TOXICITY TESTING);
The permittee shall conduct acute toxicity tests as required in Tables 1 and 2 of the permit
text using protocols defined in the North Carolina Procedure Document entitled "Pass/Fail
Methodology for Determining Acute Toxicity in a Single Effluent Concentration" (Revised -July,
1992 or subsequent versions). The monitoring shall be performed as a "water flea" (Ceriodaphnia
dubia) 48-hour static test.
Stormwater samples shall be collected as a single grab sample. Samples for self -monitoring
purposes must be obtained during a representative storm event. The tests will be performed in
conjunction with regular analytical monitoring of stormwater discharges.
If at any time there is significant mortality at a stormwater effluent concentration of 100%,
the results will be. considered as a benchmark exceedance of toxicity.
All toxicity testing results required as part of this permit condition will be entered on the
Stormwater Discharge Monitoring Form (DMR) for the month in which it was performed, using
the parameter code TGA3B. One copy shall be submitted to Central Files, and one copy shall
be submitted to the Stormwater Permitting Unit as follows:
Attention: Central. Files
Division of Water Quality.
1.617 Mail Service Center
Raleigh, North Carolina 27699-1617
Attention: Stormwater Permitting Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Additionally, DWQ Form AT-2 for Acute Pass/Fail Tests (original) is to be sent to the following
address:
Attention: NC DENR / DWQ / Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621

Completed Aquatic Toxicity Test Forms shall be sent and postmarked to the Environmental
Sciences Section and Central Files no later than 30 days after the end of the month in which the
test was conducted.
Test data shall be complete and accurate and include all supporting chemical/physical
measurements performed in association with the toxicity tests, as well as all dose/response data.
Total residual chlorine of the stormwater toxicity sample must be measured and reported if
chlorine is employed for disinfection of the stormwater discharge.
If there is no stormwater discharge from the facility during the months which toxicity
monitoring is required, the permittee will complete the information located at both the top of
the aquatic toxicity (AT) test form and DMR indicating the facility name, permit number,
stormwater outfall number, county, and the month/year of the report with the notation of "No
Flow" in the comment area of the form. The permittee shall submit three (3) "no flow" reports:
one report shall be submitted to the Environmental Sciences Section, one to the Stormwater
Permitting Unit (SPU) Central Office, and one report shall be sent to Central Files at the address
cited above. The permittee shall submit acute toxicity monitoring as outlined above, at the next
available representative storm event.
H. ACTIONS FOR FAILURE OF PASS/FAIL TESTING:
Should any single scheduled monitoring indicate a failure to meet toxicity benchmark levels,
a series of measures shall occur.
1) Within 30 calendar days from availability of the test results, the permittee shall contact
the Division SPU Central Office and the Raleigh Regional Office Supervisor in zoritins�.
a. If other stormwater monitoring parameters have exceeded benchmark values,
the Regional Office may exempt the permittee from additional acute toxicity
monitoring (other than regularly scheduled test periods), at the Regional Office's
discretion. The permittee shall continue to address all other stormwater
parameter benchmark exceedances.
b. If the permittee has not exceeded other benchmark values, or if the Regional
Office does not exempt the permittee from additional monitoring, the
permittee shall immediately institute monthly acute toxicity monitoring with a 48-
hour multiple dilution test per U.S. EPA Method 2002.0: "Methods for Measuring
the Acute Toxicity of Effluents to Freshwater and Marine Organisms," EPA
821/R-02/012 (October 2002).

' �,. i ��f;•,1.;0;.. �,`I,;�Jly rii'xl'SL+��;..iY''I'
III.. ACTIONS IF MONTHLYMONITORING IS INSTITUTED MULTIPLE -DILUTION
TESTING :
If tnouthl y acute toxicity monitoring is instituted.per Section II above, the permittee shall
perform the tests per the following conditions:
1) An LC50 greater than 100%" shall be used as a benchmark passing endpoint; Stormwater
Permitting Unit (SPU) Central Office may determine alternative endpoints as "passing"
on a case -by -case basis, depending on the specific characteristics of the facility's
stormwater discharge. Multiple dilution tests will be run at 100"%, 50"/,, 25"'o, 12.51/So,
6.25"% and 0',4� stormwater unless other test concentrations are determined appropriate
by the Stormwater Permitting Unit (SPU) Central Office.
2) Multiple Dilution Test Results shall be submitted on form AT-1 for Acute Multiple
Dilution Tests. The parameter code is TAA38. The permittee shall:
a. Submit form EST-1 (original) to the DWQ Environmental Sciences Section.
b. Send a completed a Stormwater DMR form (original) with an attached form AT-1
(original) to DWQ Central Files..
c. Send a completed:a Stormwater DMR form (copy) with an attached form AT-]
(copy) to the DWQ Stormwater Permitting Unit.
3) 'The permittee shall performpionthly acute toxicity monitoring until one of the
following permit conditions is met:
a. THREE CONSECUTIVE MULTIPLE -DILUTION TESTS PASS. No further
tests need to be performeduntil next regularly scheduled test period.
-OR-
b. EITHER OF THE FOLLOWING OCCURS:
i. A TOTAL OF FIVE MULTIPLE -DILUTION TESTS FAIL
-OR-
ii. THREE CONSECUTIVE MULTIPLE -DILUTION TESTS FAIL.
If either of the'above' occurs, further actioyis are necessary. See IV. below.
4) The permittee shall submit a summary of all test results for the multiple dilution test
series along with comialete copies of the test reports as received from the laboratory to
the Regional Office Supervisor, to DWQ Central Files and to SPU. These shall be sent
and postmarked within 30 calendar days of receipt of the last failed or passed multiple -
dilution test (as described above in 111. 3)).

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IV. ACTIONS FOR FAILURE OF MULTIPLE DILUTION TESTS FIRE, TRI or OTHER
MEASURES
If the permittee fails either A TOTAL OF FIVE multiple -dilution tests or THE THIRD
CONSECUTIVE multiple -dilution test as described in Section III 3) b., the permittee shall
execute the following: '
1) A toxicity reduction evaluation (TRE) shall be automatically instituted. Within 30
calendar days from availability of the test results, the permittee shall contact the
Division SPU Central Office and the Regional Office Supervisor in writing.
a. The permittee shall submit one copy of a plan for conducting a TRE to the DWQ
SPU, and one copy to the DWQ Environmental Sciences' Section. These copies
shall be submitted within 60 calendar days of the date of DWQ SPU's direction to
perform the TRE.
b. This plan must be approved by DWQ SPU before the TRE is begun. A schedule
for completing the TRE shall be established in the plan approval. A Toxicity
Identification Evaluation (TIE) may be a component of the TRE.
c. Upon DWQ's approval, the TRE schedule may be modified if toxicity is
intermittent during the TRE investigations. A revised WET test schedule may be
established by DWQ for this period.
2) Additionally after the first year that TRE results have been collected and submitted,
depending on results the Regional Office may (among options):
• Require the permittee to install structural stormwater controls;
• Require the permittee to implement other stormwater control measures or
BMPs;
• Require the permittee to collect and treat the discharge and/or eliminate the
discharge;
• Require that the permittee implement site modifications to qualify for the No
Exposure Exclusion; or
• Require that the permittee perform up -stream and downstream biological
assessment in the receiving water.
V. MEASURES APPLICABLE TO ALL TESTS:
All acute toxicity test results shall be submitted in a concise summary at the end of the five
year permit term. One copy of this report shall be sent to the Raleigh Regional Office
Supervisor, one copy to the SPU Central Office, and one copy to the DWQ Environmental
Sciences Section.

r�c�• ,�.,-. ,°. , •Est „
Should any test data from either these monitoring requirements or tests performed by the North
Carolina Division of Water Quality indicate potential impacts to the receiving stream, this
permit may be re -opened and modified to include alternate monitoring requirements.
If the Permittee monitors any pollutant more frequently than required by this permit, the results
of such monitoring shall be included in the calculation & reporting of the data submitted on the
DMR & all Acute Toxicity Forms submitted.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum
control organism survival and appropriate environmental controls, shall constitute an invalid
test and will require immediate follow-up testing to be completed no later than the last day of
the month following the month of the initial monitoring.