NCS000390_Final Permit_20190712

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Interim Director
Mr. Vinnie Glorioso
Heritage -Crystal Clean, LLC
1115 Speedrail Court
Concord, NC 28025
Dear Mr. Glorioso:
NORTH CAROLINA
Environmental Quality
July 12, 2019
Subject: Final NPDES Stormwater Permit
Permit No. NCS000390
Heritage -Crystal Clean, LLC - Charlotte Facility
Cabarrus County
The Division of Energy, Mineral, and Land Resources' Stormwater Permitting -Program
acknowledges receipt of your renewal application for coverage under NPDES Permit No.
NCS000390 on November 15, 2013. We apologize for the lengthy delay in responding to
your submittal. In response to your renewal application for continued coverage under
NPDES Permit No. NCS000390, the Division of Energy, Mineral and Land Resources 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).
"Oil and Grease" has replaced "Non -polar Oil and Grease" as a monitoring parameter.
This parameter is more suitable for the potential pollutants at this site. Reporting
Requirements have changed. Original, signed Electronic Discharge Monitoring
Reports (eDMRs) will now be mailed to the applicable DEMLR Regional Office. This
final permit includes no other major changes from the draft permit sent to you on
March 29, 2019.
The monitoring strategy remains the same (semi-annual) as the previous term of the
permit. 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.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center E Raleigh, North Carolina 27699-1612
NORTH CAROX ixa '`®N Q/,
ihSpu4mem mEnvirovsmontas dumiry 919.707.9200

Mr. Vinnie Glorioso
July 12, 2019
Page 2 of 2
Subject: Final NPDES Stormwater Permit No. NCS000390
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 15013 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.
If you have any questions or comments concerning this permit, contact Lauren Garcia at
[phone], or at email, [e-mail].
Sincerely,
for S. Daniel Smith, Director
Division of Energy, Mineral and Land Resources
cc: Vinnie Glorioso, Heritage -Crystal Clean, LLC
2115 Speedrail Court, Concord, NC 28025
(the following sent via email)
Zahid Khan, Mooresville Regional Office, DEMLR Land Quality Section
James Moore, Mooresville Regional Office, DEMLR Land Quality Section
Attachments:
NPDES Stormwater Permit No. NCS000390

Permit No. NCS000390
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PERMIT
TO DISCHARGE STORMWATER UN1)FR THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other
lawful standards and regulations promulgated and adopted by the North Carolina
Environmental Management Commission, and the Federal Water Pollution Control Act, as
amended,
Heritage -Crystal Clean, LLC
is hereby authorized to discharge stormwater from a facility located at
Heritage -Crystal Clean, LLC - Charlotte Facility
2115 Speedrail Court
Concord, NC
Cabarrus County
to receiving waters designated as Coddle 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, III, and IV hereof.
This permit shall become effective August 1, 2019.
This permit and the authorization to discharge shall expire at midnight on July 31, 2024.
Signed this day July 12, 2019
(A� he Vn
for S. Daniel Smith, Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission

Permit No. NCS000390
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section 13: Permitted Activities
Section C: Location Map
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section 13: Analytical Monitoring Requirements
Section C: Qualitative Monitoring Requirements
Section D: Special Conditions
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
S. 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
1

Permit No. NCS000390
Section B: General Conditions
1.
Permit Expiration
2.
Transfers
3.
Signatory Requirements
4.
Permit Modification, Revocation and Reissuance, or Termination
S.
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
5.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Spills
8.
Bypass
9.
Twenty-four Hour Reporting
10.
Other Noncompliance
11.
Other Information
PART IV DEFINITIONS
11

Permit No. NCS000390
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.
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Permit No. NCS000390
SECTION C: LOCATION MAP
2 of 29

Permit No. NCS000390
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
(SWPPP). The SWPPP shall be maintained on site unless exempted from this requirement
by the Division. The SWPPP is public information in accordance with Part III, Standard
Conditions, Section E, paragraph 3 of this permit. The SWPPP 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 Control
Measures (SCMs); 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.
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Permit No. NCS000390
(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 11I, Standard Conditions, Section B, Paragraph 3.
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 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
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 a 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. The Division may allow exceptions to secondary
containment requirements for mobile refuelers, as with the exemption provided by
amendments to federal SPCC regulations, as long as appropriate spill containment
and/or diversionary structures or equipment is used to prevent discharge to surface
waters. Exceptions do not apply to refuelers or other mobile tankage used primarily
as bulk liquid material storage in a fixed location in place of stationary containers.
(c) SCM/BMP Summary. A listing of structural Stormwater Control Measures (SCM)
and non-structural Best Management Practices (BMPs) on site shall be provided.
4 of 29

Permit No. NCS000390
The installation and implementation of SCMs and/or 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 SCM/BMP Summary shall include a written record of
Lhe specific rationale for inslallatiott and ittiplettienLalion of Lhe selected site SCMs
and/or BMPs. The SCM/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.
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 SCMs and non-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 SWPPP. 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
SWPPP.
S. 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 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 II 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
5 of 29

Permit No. NCS000390
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 SWPPP shall identify a specific position or positions
responsible for the overall coordination, development, implementation, and revision of
the SWPPP. Responsibilities for all components of the SWPPP shall be documented and
position assignments provided.
8. SWPPP Amendment and Annual Update. The permittee shall amend the SWPPP
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 SWPPP shall be reviewed and updated on an annual basis. The annual update
shall include:
(a) an updated list of significant 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 SCMs and
BMPs (SCM/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: https:,[/deq.nc.gov/about/divisions/energy-
mineral-land-resources/npdes-stormwater-individual).
The Director may notify the permittee when the SWPPP 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 SWPPP 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. SWPPP Implementation. The permittee shall implement the SWPPP and all
appropriate SCMs and BMPs consistent with the provisions of this permit, in order to
control contaminants entering surface waters via stormwater. Implementation of the
SWPPP 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 SCMs and BMPs associated with the
industrial activities. Such documentation shall be kept on -site for a period of five (5)
years and made available to the Division immediately upon request.
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Permit No. NCS000390
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 measurable 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
Frei miLLed site outfall. Tlie pi evious irieasut'able slui i[i eveuL iriusL leave beeii aL least 721iuLu s
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.
The permittee shall compare monitoring results to the benchmark values in Table 1.
Exceedances of benchmark values require the permittee to increase monitoring, increase
management actions, increase record keeping, and/or install SCMs and BMPs in a tiered
program. See 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.
The benchmark values in Table 1 are not permit limits but should be used as guidelines for
implementation of the permittee's SWPPP. 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.
Table 1. Analytical Monitoring Requirements
Parameter
Discharge
Measurem
Sample
Sample
Benchmark
Code
Characteristics
Units
ent
Type2
Location3
Frequency
1
00340
Chemical Oxygen Demand (COD)
mg/L
semi-
annual
Grab
SDO
120 mg/L
00556
Oil and Grease
mg/L
semi-
Grab
SDO
15 mg/L
annual
00400
pH
standard
semi-
Grab
SDO
6-9
annual
46529
Total Rainfall¢
inches
semi-
Rain Gauge
-
-
annual
C0530
Total Suspended Solids (TSS)
mg/L
semi-
Grab
7SDO
100 mg/L
annual
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
7 of 29

Permit No. NCS000390
reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or
the Division.
z 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 measurable storm event, the total precipitation must be recorded. An on -site ram 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 SWPPP and recorded on the DMR. The permittee must report the results from each
sample taken within the monitoring period (see Part III, 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
Semi -Annual
Monitoring Events1,2
Start Date
(All Years)3
End Date
(All Years)3
Period 1
January 1
June 30
Period 2
July 1
December 31
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.
3 Monitoring periods remain consistent through the permit term and through the renewal
process. The first sampling period begins in Period 1 on January 1, 2020.
Failure to monitor semi-annually per permit conditions 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.

Permit No. NCS000390
Fable 3. Tier une Requlrements
If any parameter at any outfall is above a benchmark value, or outside of the benchmark range, for the first valid
sampling results;
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. Evaluate and select specific source controls, operational controls, and/or physical improvements to
reduce concentrations of the parameter(s) of concern and bring concentrations within the benchmark
range.
4. Implement the selected controls/improvements within two months of the inspection.
S. Record each instance of a Tier One response in the SWPPP. 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.
Note: A benchmark exceedance triggers a Tier One response for each parameter.
Table 4. "bier Two Requirements
If the first valid sampling results from two consecutive monitoring periods (omitting periods with no
discharge) 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 analytical monitoring 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.
5. Maintain a record of the Tier Two response in the SWPPP.
6. Continue Tier Two response obligations throughout the permit renewal process.
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Permit No. NCS000390
Table 5. Tier Three Requirements
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, at minimum, require the permittee:
• Revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters
herein;
• Sampling of additional or substitute parameters;
• Install structural stormwater controls;
• Implement other stormwater control measures;
• Perform upstream and downstream monitoring to characterize impacts on receiving waters;
• Implement site modifications to qualify for a No Exposure Exclusion;
• Continue Tier Three obligations through the permit renewal process.
This site discharges to impaired waters experiencing problems with fecal coliform,
benthos, turbidity, dissolved oxygen, water temperature, and pH. If the Division institutes
further actions, which may include the development of a Total Maximum Daily Load
(TMDL) for this segment of Coddle Creek, then the Division will consider your monitoring
results in determining whether additional SCMs and/or BMPs are needed to control the
pollutant(s) of concern to the maximum extent practicable.
If additional SCMs and/or BMPs are needed to achieve the required level of control, the
permittee will be notified in writing and required to (1) develop a strategy for
implementing appropriate SCMs and/or BMPs, and (2) submit a timetable for
incorporation of those SCMs and/or BMPs into the Stormwater Pollution Prevention Plan
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater
Pollution Prevention Plan (SWPPP) 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
during required analytical monitoring events (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 SWPPP 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 SWPPP.
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Permit No. NCS000390
Table 6. Qualitative Monitoring Requirements
Discharge Characteristics
Frequencyl
Monitoring
Location2
Color
Odor
semi-annual
semi-annual
SDO
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 measurable storm event unless other provisions of this
permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods. 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
(00) 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.
If the permittee's qualitative monitoring indicates that existing stormwater SCMs and/or
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 in Table 7. A written record of the permittee's investigation, evaluation, and
response actions shall be kept in the SWPPP.
.able 7. Qualitative Monitoring Response
Qualitative monitoring is for the purposes of evaluating SWPPP 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, then the
Division may, at minimum, require the permittee:
• Revise, increase, or decrease the monitoring frequency for some or all parameters
(analytical or qualitative);
• Install structural stormwater controls;
• Implement other stormwater control measures;
• Perform upstream and downstream monitoring to characterize impacts on receiving
waters; or
• Implement site modifications to qualify for a No Exposure Exclusion.
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Permit No. NCS000390
SECTION D: SPECIAL CONDITIONS:
ELECTRONIC REPORTING OF MONITORING REPORTS:
[G.S.143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports
(DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and
became effective on December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within
Part III of this permit (Standard Conditions for NPDES Permits):
• Section B. (3.) Signatory Requirements
• Section D. (6.) Records Retention
• Section E. (1.) Discharge Monitoring Reports
• Section E. (2.) Submitting Reports
1. Reporting Requirements:
[Supplements Section E. (1.) and Supersedes Section E. (2.)]
When the Division's electronic reporting system is able to accept NPDES stormwater
permit monitoring data, the permittee shall report discharge monitoring data
electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR)
internet application. The Division will notify permittees when eDMR is ready to accept
stormwater monitoring data.
Until the Division's eDMR application is compliant with EPA's Cross -Media Electronic
Reporting Regulation (CROMERR), DMRs shall be submitted to the Division using the
following process:
1. Print a blank copy of the DMR form from the NPDES Stormwater Individual
Permits web site at https://deq.nc.gov/about/divisions/energy-mineral-land-
resources/npdes-stormwater-individual.
2. Complete, sign and scan the DMR form and submit it using the Digital DMR
Submittal Form on the NPDES Stormwater Individual Permits web site at
https:/.ldeq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-
stormwater-individual.
3. Mail the original, signed DMR form to the following address:
DEMLR Mooresville Regional Office
610 East Center Avenue
Suite 301
Mooresville, NC 28115
When eDMR is initiated, if a permittee is unable to use the eDMR system due to a
demonstrated hardship or due to the facility being physically located in an area where
less than 10 percent of the households have broadband access, then a temporary waiver
from the NPDES electronic reporting requirements may be granted and discharge
monitoring data may be submitted on paper DMR forms or alternative forms approved
12 of 29

Permit No. NCS000390
by the Director. Duplicate signed copies shall be submitted to the mailing address
above. See "How to Request a Waiver from Electronic Reporting" section below.
Regardless of the submission method, the first DMR is due no later than 30 days from
the date the facility receives the sampling results from the laboratory.
2. How to Request a Waiver from Electronic Reporting:
The permittee may seek a temporary electronic reporting waiver from the Division. To
obtain an electronic reporting waiver, a permittee must first submit an electronic
reporting waiver request to the Division. Requests for temporary electronic reporting
waivers must be submitted in writing to the Division for written approval at least sixty
(60) days prior to the date the facility would be required under this permit to begin
submitting monitoring data and reports. The duration of a temporary waiver shall not
exceed 5 years and shall thereupon expire. At such time, monitoring data and reports
shall be submitted electronically to the Division unless the permittee re-applies'for and
is granted a new temporary electronic reporting waiver by the Division. Approved
electronic reporting waivers are not transferrable. Only permittees with an approved
reporting waiver request may submit monitoring data and reports on paper to the
Division for the period that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver
are found on the following web page:
http:./.Ideq..nc.gov/about/divisions/water-resources./edmr
Ideq.nc.gov/about/divisions/water-resources/edmr
3. Signatory Requirements:
[Supplements Section B. (3.) (b) and Supersedes Section B. (3.) (d)]
All eDMRs submitted to the permit issuing authority shall be signed by a person
described in Part III, Section B. (3.)(a) or by a duly authorized representative of that
person as described in Part III, Section B. (3.)(b). A person, and not a position, must be
delegated signatory authority for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an
eDMR user account and login credentials to access the eDMR system. For more
information on North Carolina's eDMR system, registering for eDMR and obtaining an
eDMR user account, please visit the following web page:
http://deq..nc.gov/about/divisions/water-resources./edmr
Any person submitting an electronic DMR using the state's eDMR system 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 properly gather and evaluate the information
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Permit No. NCS000390
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 imprisonment for knowing violations."
4. Records Retention:
[Supplements Section D. (6.)]
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. 'These records or copies shall be maintained for a period of at least 5
years from the date of the report. This period may be extended by request of the
Director at anytime [40 CFR 122.41].
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Permit No. NCS000390
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 1? months of the effective date of the initial permit and updated thereafter on an
annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of
this permit, shall be accomplished within 12 months of the effective date of the initial
permit issuance.
New Facilities applying for coverage for the first time: 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 SWPPP 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 I1,
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.
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].
b. 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 122.41].
c. 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 $51,570 per day for each violation [33 USC 1319(d) and 40 CFR
122.41(a)(2)].
d. 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
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Permit No. NCS000390
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)].
e. 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
foi iioL inure flan 3 yem s, of bolt. Iit Lhe c ise of a second or subsequent convicLion 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)].
f. 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
endangermenL violation, a person shall be subject Lo a fine of noL more Own $500,000 of
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)].
g. Understate law, a civil penalty of not more than $25,000 per violation maybe assessed
against any person who violates or fails to act in accordance with the terms, conditions,
or requirements of a permit [North Carolina General Statutes § 143-215.6A].
h. 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 $20,628 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$51,570. Penalties for Class II violations are not to exceed $20,628 per day for each day
during which the violation continues, with the maximum amount of any Class II penalty
not to exceed $257,848 [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 Liability
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-
215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is
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Permit No. NCS000390
responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.
5. Oil and Hazardous Substance Liability
Nothing in this 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.
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Permit No. NCS000390
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 100
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.
2. 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.
(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].
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Permit No. NCS000390
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
inanager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having ovorall responsibility for
enviruninenLdl mdtteis foi Lhe coicip my. (A duly dutliorized tepi-esellLalive indy Lhus 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].
c. 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:
7 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 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 offines and
imprisonment for knowing violations."
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
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Permit No. NCS000390
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
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of this permit. Proper operation and
inainLenance 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)].
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 permit [40 CFR 122.41(c)].
3. 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.
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 measurable 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 122.41(j)].
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]:
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Permit No. NCS000390
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.
3. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and reliability
of measurements of the volume of monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215-.63 et. seq, the Water and Air Quality Reporting Acts,
and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water
Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this 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.
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:
a. all calibration and maintenance records,
b. all original strip chart recordings for continuous monitoring instrumentation,
C. copies of all reports required by this permit, including Discharge Monitoring Reports
(DMRs),
d. 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 Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
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Permit No. NCS000390
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
conLrol equiprneuL), practices, or operations regulated or required under Lhis 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 Lhe Lei -iris of Lhis permit shall be submitted Lo 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
(https://deq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-stormwater-
individual). 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
sampling period, giving all required information and indicating "NO FLOW" as per NCAC
T15A 0213.0506.
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 [40 CFR §122.41(1)].
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.
2. Submitting Reports
One signed copy of Discharge Monitoring Reports (DMRs) shall be submitted to the mailing
address of the appropriate Regional Office listed on DEQ's website at
https:.//deg.nc.gov/contact/regional-offices.
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Permit No. NCS000390
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 143-215.613 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.
S. 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(1)]. 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).
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(1)(2)].
7. Sni11s
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 a 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
Reference [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 Reporting
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
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Permit No. NCS000390
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 [phone], [phone] 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)].
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Permit No. NCS000390
PART IV DEFINITIONS
Act
See Clean Water Act.
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 SWPPP
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.
Allowable Non-Stormwater Discharges
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 ManaLyement 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://www.epa.gov/npdes/national-menu-best-management-
practices-bmps-stormwater#edu.
5. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control
facility including the collection system, which is not a designed or established operating
mode for the facility.
6. Bulk Storage of Liquid Products
Liquid raw materials, 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 having a total combined
storage capacity of greater than 1,320 gallons.
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.
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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.
9. Division or DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality.
10. Director
The Director of Lhe Division of Energy, Mineral, and Land Resources, Lhe permit issuing
authority.
11. EMC
The North Carolina Environmental Management Commission.
12. Grab Sample
An individual sample collected inslai►Laneously. Grab samples LhaL 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. Measurable 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 SWPPP.
16. Municipal Separate Storm Sewer System(MS4)
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).
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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 Issuicng Authority
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:
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:
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 Property 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
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Permit No. NCS000390
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 Control Measure
A permanent structural device that is designed, constructed, and maintained to remove
pollutants from stormwater runoff by promoting settling or filtration or mimic the natural
hydrologic cycle by promoting infiltration, evapo-transpiration, post -filtration discharge,
reuse of stormwater, or a combination thereof.
29. Stormwater Discharge Outfall (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.
30. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
31. 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.
32. 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.
33. Total Maximum Dail, 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 https://deq.nc.gov/about/divisions/water-
resources/planning/modeling-assessment/tmdls/draft-and-approved-tmdls.
34. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
35. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle
cleaning operations, or airport deicing operations. This definition includes
equipment maintenance activity that uses hydraulic oil and that is stored or used
outside, or otherwise exposed to stormwater.
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36. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by
water, air, gravity, or ice from its site of origin which can be seen with the unaided eye.
37. 25-year, 24-hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the
average, once in 25 years.
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