HomeMy WebLinkAboutNC0082295_Draft Permit_20180320Water Resources
ENVIRONMENTAL OVALITY
March 20, 2018
Mr. Luis Mendoza, Operations and Facility Manager
Fortron Industries
PO Box 327
Wilmington, North Carolina 28402
Subject: NPDES Permit NCO082295
Fortron Industries WWTP
New Hanover County
Class 3 Facility
Dear Mr. Mendoza:
ROY COOPER
Gorrrnor
MICHAEL S. REGAN
Secreiar v
LINDA CULPEPPER
Interim Director
The Division has received and reviewed your request to renew the subject permit. Enclosed
with this letter is a copy of the draft permit for your facility. Please review this draft carefully to ensure
thorough understanding of the conditions and requirements it contains.
This draft permit includes the following changes from your current permit:
➢ A reasonable potential analysis (RPA) was performed based on recent effluent data for 1,4
dichlorobenzene, zinc, and copper. As a result of the RPA monitoring and limits for 1,4
dichlorobenzene and monitoring for copper and zinc were eliminated.
➢ The Division of Water Resources is moving stormwater requirements from NPDES permits
to stormwater permits under the Division of Energy, Minerals and Land Resources
(DEMLR). The permittee shall submit a permit application to DEMLR to obtain coverage for
the stormwater outfall. The permit will continue to cover the stormwater outfall until an
individual stormwater permit is issued by DEMLR. The stormwater monitoring
requirements were updated to reflect current requirements.
➢ Quarterly monitoring for mercury was added to the sampling requirements for outfall 001.
Mercury was detected in the priority pollutant scan. In order to evaluate the need for a
mercury limit under the Statewide Mercury TMDL the Division is implementing
monitoring in the permit.
➢ Annual monitoring was added for N -Methyl -2 -pyrrolidone.
➢ 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. The requirement to begin reporting discharge monitoring
data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR)
internet application has been added to your final NPDES permit. [See Special Condition A.
(4)]
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, NC 27699-1617
919 807 6300 919-807-6389 FAX
https: //deq. nc. govlaboutldi vi sionslwater-resources/water-resources-permits/wastewater-branchlnpdes-wastewater-permits
For information on eDMR, registering for eDMR and obtaining an eDMR user account,
please visit the following web page: hgp://deq.nc.gov/about/divisions/water-
resources/edmr.
For more information on EPA's final NPDES Electronic Reporting Rule, please visit the
following web site:
hgps: / / www.federalregister.gov / documents/ 2015 / 10/ 22/ 2015-24954 / national-pollutant-
discharge-elimination-system-npdes-electronic-reporting-rule.
➢ The NPDES Standard conditions (Parts II, III, and M are not included with this draft. They
can be found at the following link to review them in conjunction with this draft permit:
https://deq.nc.gov/p ermitting-forms.
Concurrent with this notification the Division is publishing a notice in a newspaper having
circulation in the general New Hanover County area, soliciting public comments on this permit draft.
Please provide any comments you may have to the DEQ - DWR, NPDES Program no later than 30 days
after receiving this draft permit.
Following the 30 -day public comment period, the Division will review all pertinent comments
and take appropriate action prior to issuing a final permit. If you have questions concerning this draft
permit, please call me at (919) 807-6387 or by email at Teresa.rodriguez@ncdenr.gov.
Sincerely,
Teresa Rodriguez
NPDES Complex Permitting Unit
cc: NPDES Files
EPA Region 4 (e -copy)
Wilmington Regional Office / Water Quality Program (e -copy)
Operators Certification Program, Maureen Kinney (e -copy)
Aquatic Toxicology Branch, Susan Meadows (e -copy)
Stormwater Permitting Program (e -copy)
Permit NCO082295
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision 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,
Fortron Industries
is hereby authorized to discharge wastewater and stormwater from a facility located at
Fortron Industries
US Highway 421
Wilmington
New Hanover County
to receiving waters designated as Cape Fear River and Northeast Cape Fear River in the Cape Fear River Basin in
accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III
hereof.
This permit shall become effective .
This permit and authorization to discharge shall expire at midnight on December 31, 2021.
Signed this day
Linda Culpepper, Interim Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit NCO082295
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES permits issued to this facility, whether for operation or discharge are hereby revoked. As of
this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the
exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements,
terms, and provisions included herein.
Fortron Industries is hereby authorized to:
Continue operation of a 0.834 MGD wastewater treatment system that includes the following components:
• Two wastewater collection tanks
• Dual influent flow equalization tanks with neutralization
• Two stormwater collection tanks
• Plate and frame heat exchanger
• Steam injection unit
• Pre -filtration equalization tank
• Four aeration tanks
• Two membrane bioreactors (MBR)
• Aerated sludge holding tank
• Sludge belt press
• Sampling and metering pump station
• Pure Oxygen Injection
• Effluent diffuser
This facility is located at Fortron Industries on US Highway 421 northwest of Wilmington in New Hanover
County.
2. Discharge treated wastewater from outfall 001 at the location specified on the attached map into the Cape
Fear River, classified C -Swamp waters and discharge stormwater from outfall 002 to the Northeast Cape
Fear River, classified C -Swamp waters in the Cape Fear River Basin.
Page 2 of 13
Permit NCO082295
PART I
A (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 001) [15A NCAC
02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until expiration, the permittee is
authorized to discharge treated wastewater from outfall 001. Such discharges shall be limited and monitored as
specified below:
Footnotes:
1. Chronic Toxicity (Ceriodaphnia) P/F at 0.9% with testing in February, May, August, November, refer to condition A
(3).
2. OCPSF Parameters for this flow/production level (monitoring frequencies and limits) are listed in condition A (2).
3. Monitoring for Mercury shall be performed using EPA Method 1631.
There shall be no discharge of floating solids or foam visible in other than trace amounts.
Page 3 of 13
LIMITS
MONITORING REQUIREMENTS
PARAMETER
Measurement
Sample
Sample
Monthly Average
Daily Maximum
Frequency
Type
Location
Flow
0.834 MGD
Continuous
Recording
Influent or
Effluent
BODS, 20°C
121.6 pounds/day
364.8 pounds/day
Daily
Composite
Effluent
Total Suspended
340.0 pounds/day
1093.5 pounds/day
Daily
Composite
Effluent
Solids
Temperature
Daily
Grab
Effluent
Dissolved Oxygen
Daily average > 5.0 mg/L
Daily
Grab
Effluent
pH
> 6.0 and < 9.0 standard units
Daily
Grab
Effluent
Chronic Toxicity'
Quarterly
Composite
Effluent
OCPSF Parameters 2
Annually
Grab
Effluent
Total Nitrogen
Quarterly
Composite
Effluent
(NO2 + NO3 + TKN)
Total Phosphorus
Quarterly
Composite
Effluent
Total Mercury,
Quarterly
Composite
Effluent
Footnotes:
1. Chronic Toxicity (Ceriodaphnia) P/F at 0.9% with testing in February, May, August, November, refer to condition A
(3).
2. OCPSF Parameters for this flow/production level (monitoring frequencies and limits) are listed in condition A (2).
3. Monitoring for Mercury shall be performed using EPA Method 1631.
There shall be no discharge of floating solids or foam visible in other than trace amounts.
Page 3 of 13
Permit NC0082295
A (2) OCPSF LIMITS AND MONITORING REQUIREMENTS (Outfall 001) [40 CFR 414]
These limits and monitoring requirements are based on 40 CFR 414.9 land the process water flow from the permit
application.
Effluent Characteristic
Daily Maximum
lbs/da
Monthly Average
lbs/da
Daily Maximum
Measurement
Frequency
Sample
Type
Sample
Location'
Acenaphthene
0.117
0.313
Annual
Grab
E
Acenaphthylene
0.117
0.313
Annual
Grab
E
Acrylonitrile
0.510
1.285
Annual
Grab
E
Anthracene
0.117
5.47
Annual
Grab
E
Benzene
0.196
0.722
Annual
Grab
E
Benzo(a)anthracene
0.117
0.14
Annual
Grab
E
4-Benzofluoranthene
0.122
0.14
Annual
Grab
E
enz k fluoranthene
0.117
1.42
Annual
Grab
E
Benzo(a)pyrene
0.122
0.01
Annual
Grab
E
is 2-eth lhex 1phthalate
0.547
40.4
Annual
Grab
E
Carbon Tetrachloride
0.096
0.202
Annual
Grab
E
hlorobenzene
0.08
0.149
Annual
Grab
E
loroethane
0.552
1.423
Annual
Grab
E
hlorofonn
0.111
0.244
Annual
Grab
E
-Chlorophenol
0.165
0.520
Annual
Grab
E
hrysene
0.117
14.2
Annual
Grab
E
i -n -butyl phthalate
0.143
0.303
Annual
Grab
E
12 -Dichlorobenzene
0.409
0.865
Annual
Grab
E
13 -Dichlorobenzene
0.165
0.234
Annual
Grab
E
I1-Dichloroethane
0.117
0.313
Annual
Grab
E
1,2-Dichloroethane
1.12
0.36
Annual
Grab
E
1 1-Dichloroeth leve
0.361
1.12
Annual
Grab
E
1,2-trans-Dichloroeth leve
0.111
0.287
Annual
Grab
E
4-Dichlorohenol
0.207
0.595
Annual
Grab
E
1 2-Dichlororo ane
0.812
98.4
Annual
Grab
E
1 3-Dichlororolene
0.154
0.234
Annual
Grab
E
Diethyl phthalate
0.154
1.078
Annual
Grab
E
4 -Dimethylphenol
0.096
0.191
Annual
Grab
E
imeth I phthalate
0.101
0.250
Annual
Grab
E
6-Dinitro-o-cresol
0.414
1.47
Annual
Grab
E
4-Dinitrohenol
0.377
0.653
Annual
Grab
E
4-Dinitrotoluene
1.354
3.403
Annual
Grab
E
6-Dinitrotoluene
1.354
3.403
Annual
Grab
E
th Ibenzene
0.170
0.573
Annual
Grab
E
luoranthene
0.133
12.0
Annual
Grab
E
luorene
0.117
0.313
Annual
Grab
E
exachlorobenzene
0.080
0.01
Annual
Grab
E
Hexachlorobutadiene
0.106
1.09
Annual
Grab
E
exachloroethane
0.111
10.93
Annual
Grab
E
Mediyl Chloride
0.457
1.009
Annual
Grab
E
Methylene Chloride
0.212
0.472
Annual
Grab
E
Naphthalene
0.117
0.313
Annual
Grab
E
Nitrobenzene
0.143
0.361
Annual
Grab
E
2-Nitrophenol
0.218
0.366
Annual
Grab
E
4-Nitrophenol
0.382
0.658
Annual
Grab
E
henanthrene
0.117
0.313
Annual
Grab
E
Phenol
0.080
0.138
Annual
Grab
E
Pyrene
0.133
0.356
Annual
Grab
E
Tetrachloroethylene
0.117
0.297
Annual
Grab
E
Toluene
0.138
0.425
Annual
Grab
E
1 2 4-Trichlorobenzene
0.361
8.31
Annual
Grab
E
111 -Trichloroethane
0.111
0.287
Annual
Grab
E
112 -Trichloroethane
0.111
0.287
Annual
Grab
E
Trichloroethylene
0.111
0.287
1
Annual
Grab
E
Vinyl Chloride 1
0.552
1.423
1
Annual
Grab
E
-Meth 1-2- olidone NMP
I
Annual
Grab
E
Page 4 of 13
Permit NCO082295
A (3) CHRONIC TOXICITY PERMIT LIMIT (Quarterly) [15A NCAC 02B.0200 et seq.]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to
Ceriodaphnia dubia at an effluent concentration of 0.9%. The permit holder shall perform at a minimum
quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent
Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole
Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed
during the months of February, May, August, and November. Effluent sampling for this testing shall be
performed at the NPDES permitted final effluent discharge below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit
limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months
as described in "North Carolina Phase H Chronic Whole Effluent Toxicity Test Procedure" (Revised -February
1998) or subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the highest
concentration having no detectable impairment of reproduction or survival and the lowest concentration that does
have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection
methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic
Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form (MR -1) for the months in which tests were performed, using the parameter code TGP313 for the
pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT -3 (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 filed with the Environmental Sciences Section no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature.
Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for
disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required,
the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the
facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No
Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Section at
the address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be
required during the following month. Should any test data from this monitoring requirement 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 or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism
survival, minimum control organism reproduction, 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.
Page 5 of 13
Permit NCO082295
A(4) 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 II of this permit
(Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.)
• Section D. (6.)
• Section E. (5.)
Reporting
Records Retention
Monitoring Reports
I. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted
electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and
submit DMRs electronically using the internet. Until such time that the state's eDMR application is
compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be
required to submit all discharge monitoring data to the state electronically using eDMR and will be required
to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the
computer printed eDMR to the following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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 (MR 1, 1. 1, 2, 3) or alternative forms approved 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 on the last day of the month following the
issuance of the permit or in the case of a new facility, on the last day of the month following the
commencement of discharge.
Starting on December 21, 2020, the �ermittee must electronically report the following compliance
monitoring data and reports, when applicable:
• Sewer Overflow/Bypass Event ports;
• Pretreatment Program Annual Reports; and
• Clean Water Act (CWA) Section 316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver
from Electronic Reporting" section below).
Page 6of13
Permit NC0082295
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each
electronic submission. The permittee should use the EPA's website resources to identify the initial recipient
for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or
the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving
electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of
electronic submission and for each state. Instructions on how to access and use the appropriate electronic
reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at:
https://www.federalre igrep
ster.gov/documents/2015/10/22/2015-24954/national-pollutant-discharge-elimination-
system-npdes-electronic-orting-rule
Electronic submissions must start by the dates listed in the "Reporting Requirements" section above.
3. 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://deq.nc.gov/about/divisions/water-resources/edmr
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section
B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(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
Certification. 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:
7 cert, 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
Page 7 of 13
Permit NCO082295
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. "
5. Records Retention [Supplements Section D. (6.)1
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 3 years from the date of the report. This period
may be extended by request of the Director at any time [40 CFR 122.41 ].
A.(5) STORMWATER MONITORING REQUIREMENTS (Outfall 002) [G.S. 143-215.1(a) et seq., 15A
NCAC 02h.0126 et seq.]
No later than 90 days from the effective day of this permit the permittee shall submit an NPDES stormwater
application to the Division of Energy, Mineral and Land Resources (DEMLR). Stormwater conditions under this
section will expire on the effective date when an individual stormwater permit is issued to the facility.
1. Oualitative Monitoring
The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention
Plan (SPPP) and identify new potential sources of stormwater pollution. Qualitative monitoring of stormwater
outfalls must be performed during a measurable storm event.
Qualitative monitoring requires a qualitative inspection of each stormwater outfall, regardless of
representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater Pollution
Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required.
Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm
event.
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.
Stormwater Discharge Characteristics
Monitoring Frequency'
Sample
Location'
Color
Semi -Annual
SDO
Odor
Semi -Annual
SDO
Clarity
Semi -Annual
SDO
Floatiniz 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 stormw
ter pollution
Semi -Annual
SDO
Footnotes:
1. Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this
permit prompt monthly monitoring Monitoring shall be conducted once during the period of January 1 to
Page 8 of 13
Permit NCO082295
June 30, and once during the period of July 1 to December 31. The permittee must continue qualitative
monitoring throughout the permit renewal process until a new permit is issued.
2. Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall
(SDO) regardless of representative outfall status.
A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part
of other analytical monitoring requirements in this permit.
If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that
significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the
feasibility of corrective actions, and implement those corrective actions within 60 days, per the Qualitative
Monitoring Response, below. A written record of the permittee's investigation, evaluation, and response
actions shall be kept in the Stormwater Pollution Prevention Plan.
Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential
sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee
repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the
discharge causes or contributes to a water quality standard violation, DEMLR may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for some or all
parameters (analytical or qualitative)
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize impacts on
receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion.
2. Stormwater Pollution Prevention Plan
The permittee shall develop and implement a Stormwater Pollution Prevention Plan, herein after referred to as
the Plan. The Plan shall be considered public information. The Permittee is not required to submit a copy of
the Plan to DEMLR. The Plan shall be available at the permitted facility for DEMLR staff or public review
upon request. The Plan shall include, at a minimum, the following items:
a) Site Overview: The site overview shall provide a description of the physical facility and the potential
pollutant sources which may be expected to contribute to contamination of regulated stormwater discharges.
The site overview shall contain the following:
i. 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.
ii. 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.
iii. 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
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Permit NCO082295
roads); site topography and finished grade; all drainage features and structures; drainage area
boundaries and total contributing area for each outfall; direction of flow in each drainage area;
industrial activities occurring in each drainage area; buildings; stormwater Best Management
Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each
drainage area that is impervious, and the site map must include a graphic scale indication and north
arrow.
iv. A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective
actions taken to mitigate spill impacts.
V. 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 II, Standard Conditions, Section B.11.
b) Stormwater Management Plan: The stormwater management plan shall contain a narrative description
of the materials management practices employed which control or minimize the exposure of significant
materials to stormwater, including structural and non-structural measures. The stormwater management
plan, at a minimum, shall incorporate the following:
i. 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.
ii. 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 coin liance with this permit. The Division may allow exceptions to secondary
containment requirement i for mobile refuelers, as with the exemption provided by amendments to
federal SPCC regulation, 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 use i primarily as bulk liquid material storage in a fixed location in place of
stationary containers.
iii. BMP Summary. A listin i, of site structural and non-structural Best Management Practices (BMPs)
shall be provided. The installation and implementation of BMPs shall be based on the assessment
of the potential for sources to contribute significant quantities of pollutants to stormwater
discharges and on data collected through monitoring of stormwater discharges. The BMP
Summary shall include a written record of the specific rationale for installation and implementation
of the selected site BMPO. The BMP Summary shall be reviewed and updated annually.
c) 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
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Permit NC0082295
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.
d) Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good
housekeeping program shall be developed and implemented. The program shall address all stormwater
control systems (if applicable), stormwater discharge outfalls, all on-site and adjacent surface waters and
wetlands, industrial activity areas (including material storage areas, material handling areas, disposal
areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures,
and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and
housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and
facility systems that present a potential for stormwater exposure or stormwater pollution where not
already addressed under another element of the SPPP. Inspection of material handling areas and regular
cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the
established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained
in the SPPP.
e) 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 I of this permit.
f) Employee Training. Training programs shall be developed and training provided at a minimum on an
annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative
maintenance activities, and for any of the facility's operations that have the potential to contaminate
stormwater runoff. The facility personnel responsible for implementing the training shall be identified,
and their annual training shall be documented by the signature of each employee trained.
g) Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall
coordination, development, implementation, and revision of the SPPP. Responsibilities for all
components of the SPPP shall be documented and position assignments provided.
h) SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a
change in design, construction, operation, site drainage, maintenance, or configuration of the physical
features which may have a significant effect on the potential for the discharge of pollutants to surface
waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual
update shall include:
i. 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);
ii. a written re -certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges (element of the Site Overview);
iii. a documented re-evaluation of the effectiveness of the on-site stormwater BMPs (BMP Summary
element of the Stormwater Management Strategy).
iv. 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
DEMLR's Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater
Permitting Program's website (See `Monitoring Forms' here:
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Permit NCO082295
http://deg .nc. govlaboutldivisions/energy-mineral-land-resources/energy-mineral-land-
permits/stormwater-permits/npdes-industrial-sw).
The Director may notify the permittee when the SPPP does not meet one or more of the minimum
requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to
the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide
certification in writing (in accordance with Part II, Standard Conditions, Section B.11) to the Director
that the changes have been made.
i) SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and
all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants
entering surface waters via stormwater. Implementation of the SPPP shall include documentation of all
monitoring, measurements, inspections, maintenance activities, and training provided to employees,
including the log of the sampling data and of actions taken to implement BMPs associated with the
industrial activities, including vehicle maintenance activities. ' Such documentation shall be kept on-site
for a period of five (5) years and made available to the Director or the Director's authorized
representative immediately upon request.
Page 12 of 13
Permit NC0082295
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Fortron Industries - NC0082295 New Hanover County Facility Location
USGS Quad Name: Leland
Receiving Stream: 001: Cape Fear River, Lat.: 34018'57" Long.: 78000'47"
002: NE Cape Fear River, Lat.: 34019'25" Long.: 77058'10"
Stream Class: C -SW
Subbasin: Cape Fear - 03 06 27
8 -Digit HUC 03030005 1 V -*,to scale
Page 13 of 13