HomeMy WebLinkAboutNCG080838_COMPLETE FILE - HISTORICAL_20120901STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO. jV
DOC TYPE I `HISTORICAL FILE
U MONITORING REPORTS
DOC DATE ❑ c) O I ) 0
YYYYMMDD
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Landfill Mining Consultants
L J
7 August 2012
N.C. Department of Environment and Natural Resources
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
Attn: Ms..lenifer Carter
Re: J.T. Russell & Sons, Inc. -- Healing Springs Facility
Permit No. NCGO80838
Healing Springs Facility Stormwater Pollution Prevention Plan
Dear Ms. Carter,
979 22nd St. Place, NE
Hickory, NC 28601
www.LondfiliConsultants.com
N.Cbept. of ENR
Aug 0 S 20ii
Winston-Salem
4n behalf of our client, please find enclosed the Stormwater Pollution Prevention Plan for the J.T. Russell &
Sons facility in Healing Springs, North Carolina. The facility will begin implementing this plan immediately.
If you have any questions, please feel free to contact me by email at Michel leMBrown@aol.com, or you can
reach me by phone at 916/834-6532.
Sincerely,
Michelle M. Brown
Senior Consultant
cc: Nathan Russell — J.T. Russell & Sons
a
North Carolina Division of Water Quality - Storm water Permitting Unit
Facility Name: _!1 rf l'�ttSs�ft 4-id �o.si5, =t�rc .' ��+4�•�T•�S � :�
Permit Number: _ /t1GCT la S 0S--
Location Address: S 4 b NC 1 f F h`'�,aY
County:c%+SD
"I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments
were developed and implemented under my direction or supervision in accordance with a system designed to assure
that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of
the person or persons who manage the system, or those persons directly responsible for gathering the information,
the information gathered is, to the hest of my knowledge and belief, true, accurate and complete."
And
"I certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been
fully implemented at this facility location in accordance with the terms and conditions of the stormwater discharge
permit."
And
"I am aware that there are significant penalties for falsifying information, including the possibility of fines and
imprisonment for knowing violations."
Signature
Print or type name of person signing above
Date 9 ` I? - ( �--
5.; 4-
Title
SPPP Certification 5/09
STORMWATER POLLUTION
PREVENTION PLAN (SWPPP)
1
BEST MANAGEMENT PRACTICES (BMP)
J.T. RUSSELL & SONS, INC.
HEALING SPRINGS FACILITY
DENTON, NORTH CAROLINA
AUGUST 2012
LANDFILL MINING CONSULTANTS
979 22ND STREET PLACE, NE
HICKORY, NORTH CAROLINA 28601
916/834-6532
J.T. Russell & Sons
Healing Springs Facility
Storm Water Pollution Prevention Plan
Table of Contents
August 2012
INTRODUCTION.......................................................................................................................................4
1.0
SITE PLAN...................................................................................................................................4
1.1
Location Map.....................................................................................................................4
1.3
Significant Materials.........................................................................................................5
1.3. l Description of Significant Materials Used On-Site................................................5
1.3.2 Storage Practices....................................................................................................5
1.3.3 Loading and Unloading Activities.........................................................................
5
1.3.4 Outdoor Processing Areas......................................................................................
5
1.3.5 Dust/Particulate Generation and Control Processes...............................................6
1.3.6 Pollutants Having Reasonable Potential to be Present in Discharge ......................6
1.3.7 Significant Spills/Leaks and Corrective Actions Taken ........................................
6
t.4
Non -Storm Water Discharges (Certification Required)................................................6
2.0
STORM WATER MANAGEMENT PLAN..............................................................................6
2.1
Feasibility of Changing Operations to Eliminate/Reduce Exposure ............................6
2.2
Materials Management Practices....................................................................................6
2.2.1 Structural Controls.................................................................................................6
2.2.2 Non-structural Controls..........................................................................................7
2.3
Secondary Containment...................................................................................................
7
2.4
Best Management Practices Summary ............................................................................
7
3.2
Material Handling and Storage Procedures...................................................................8
3.2.1 New Materials........................................................................................................8
3.2.2 Waste Materials......................................................................................................8
3.3
Spill Response Equipment................................................................................................8
3.4
Spill Response Procedures for Significant Materials.....................................................9
3.5
Spill Reporting and Documentation................................................................................9
4.0
PREVENTATIVE MAINTENANCE AND GOOD HOUSEKEEPING PROGRAMS ......
t0
4.1
Preventative Maintenance Program..............................................................................
10
4.1.1 Storm Water Management Devices.....................................................................
10
4.1.2 Materials Storage System Inspections.................................................................
10
4.1.3 Storm Water Management System Inspections...................................................
11
4.1.4 Equipment Inspections.........................................................................................
11
4.1.5 Vehicle and Equipment Maintenance..................................................................
11
4.2
Good Housekeeping Program........................................................................................
11
5.0
EMPLOYEE TRAINING..........................................................................................................12
6.0
RESPONSIBLE PARTY................................................................................ ..12
7.0 PLAN AMENDMENT...............................................................................................................13
8.0 FACILITY INSPECTION PROGRAM...................................................................................13
8.1 Storm Water Control Systems.......................................................................................14
8.2 Facility Equipment...................................................................................... 14
8.3 Facility Systems............................................................................................................... 14
9.0 PLAN IMPLEMENTATION....................................................................................................14
10.0 ANALYTICAL AND QUALITATIVE MONITORING........................................................14
1
J.T. Russell & Sons
Healing Springs Facility
Storm Water Pollution Prevention Plan
APPENDICIES
August 2012
Appendix A: Location Map and Site Map
Figure 1: Location Map
Figure 2: Facility Site Map
Appendix B: NPDES General Permit No. NCG080000
Appendix C: Inspection and Monitoring Forms
Appendix C-1: Semi -Annual Stormwater Management System Inspection Form
Appendix C-2: Stormwater Discharge Outfall Qualitative Monitoring Report
Appendix D: Training Attendance Log
Appendix E: Plan Certification
Appendix F: Stormwater Pollution Prevention Committee
Appendix G: Glossary of Terms
Appendix H: Materials Subject to Federal Reporting
Appendix I: Excerpts from the Code of Federal Regulations {CFR;
Appendix J: Table of Significant Material Storage & Associated Secondary Containment
Appendix K: Release Documentation
Appendix L: Qualitative Monitoring Results
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J.T. Russell & Sons August 2012
Healing Springs Facility
Storm Water Pollution Prevention Plan
LIST OF ACRONYMS
AST
Above -Ground Storage Tank
BMP
Best Management Practices
CERCLA
Comprehensive Environmental Response, Compensation, and Liability Act
CFR
Code of Federal Regulations
CWA
Clean Water Act
DMR
Discharge Monitoring Report
DWQ
Division of Water Quality
NCDENR
North Carolina Department of Environment and Natural Resources
NFPA
National Fire Protection Association
NPDES
National Pollution Discharge Elimination System
NRC
National Response Center
RRT
Hazardous Materials Regional Response Team
SARA
Superfund Amendments and Reauthorization Act
SPCC
Spill Prevention, Control, and Countermeasures
SPRP
Spill Prevention and Response Plan
USDOT
United States Department of Transportation
USGS
United States Geological Survey
UST
Underground Storage Tank
VCR
Vehicle Condition Reports
a
J.T. Russell & Sons
August 2012
Healing Springs Facility
Storm Water Pollution Prevention Plan
INTRODUCTION
It is the standard operating procedure of J.T. Russell & Sons, Inc. Healing Springs Facility (hereafter
referred to as "JTR" or the "facility"), to comply with all applicable laws, regulations, permits, and
orders. JTR's Healing Springs facility is classified as a transportation facility, which receives, handles,
stores, and distributes ethanol fuel and liquid asphalt. The foremost purposes of the Storm Water
Pollution Prevention Plan — hereafter referred to as the "Plan" — are to identify potential sources of storm
water pollution and to develop and implement management practices that minimize pollution in storm
water discharged from the site. It has been developed in accordance with the National Pollutant
Discharge Elimination System (NPDES) General Permit No. NCG 080000 (see Appendix B), in order to
assist JTR in the management of storm water as required by 40 CFR §122.28 (see Appendix I).
1.0 SITE PLAN
JTR receives, stores, and distributes ethanol and liquid asphalt during the operation of the facility. The
facility uses and stores petroleum products in the form of diesel fuel for the purpose of running the boiler
that keeps the asphalt in a liquid state. The facility receives ethanol and liquid asphalt products by rail car
and ships by a common carrier via tanker trucks. Diesel is stored in one 10,000 gallon tank, ethanol is
stored in (2) 2,750,000 — gallon tanks, liquid asphalt binder is stored in (8) tanks totaling 540,000 gallons,
and asphalt additive is stored in one 8,000 gallon tank.
The JTR facility is locate at latitude 35' 36' 47" N and longitude 80' 10' 40" W. The facility is located at
18846 NC Highway 8, Denton, NC 27239.
The site includes the office building, a boiler room, a utility building, ethanol and liquid asphalt storage
tanks, scale, and a rail yard. The facility is operated 24 hours a day, 7 days a week.
Site topography ranges in elevation from 578 feet on the southwestern boundary of the site to 596 feet at
the northeastern corner of the property. The receiving water is designated as a UT to Lick Creek and Lick
Creek, a Class C water in the Yadkin -Pee Dee River Basin. All discharges shall be in accordance with the
effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, 111, IV, V, and
VI of General Permit No. NCG080000, as attached.
1.1 Location Map
A United States Geological Survey (USGS) topographic map was used in the creation of the
facility location map included in Appendix A, as Figure 1. The map extends beyond the facility
property boundary and displays general topographic features including the facility, transportation
routes, and adjacent surface water bodies.
21
J.T. Russell & Sons
Healing Springs Facility
Stone Water Pollution Prevention Plan
1.2 Site Map
August 2012
A site map of the facility is included in Appendix A, as Figure 2. Storm water conveyance and discharge
structure locations, storm water flow arrows, storm water discharge outfall, paved areas, buildings,
surface water locations, and other features are shown on the map.
1.3 Significant Materials
A Significant Material, for the purposes of this document, is defined by the North Carolina Division of
Environment and Natural Resources (NCDENR) Division of Water Quality (DWQ) as including but not
being limited to: raw materials, fuels, materials such as solvents, detergents and plastic pellets, finished
materials such as metallic products, raw materials used in food processing or production, hazardous
substances designated under section 101(14) of CERCLA, any chemical the facility is required to report
pursuant to section 313 of Title III of SARA, fertilizers, pesticides, and waste products such as ashes, slag,
and sludge that have the potential to be released with storm water discharges. Any additional materials
and/or chemicals introduced to the site must be reviewed to detennine appropriate reporting requirements
under Federal and State law. A database of these types of materials can be found on the internet at
http://yosemite.epa.gov/oswer/lol.nsf/SearchForm?OpenForm (sec Appendix J).
1.3.1 Description of Significant Materials Used On -Site
No.2 Diesel Fuel is used is the boiler that keeps the liquid asphalt binder in a liquid state.
Ethanol is received at the facility by rail car, stored, then trans -loaded to tanker trucks for distribution.
Liquid Asphalt Binder is received at the facility by rail car, stored in tanks, then trans -loaded to tanker
trucks for distribution.
Additive is used at the facility to combine with the liquid asphalt binder to meet customer specifications.
l .3.2 Storage Practices
No.-2-Diesel Fuel is stored in a 10,000 gallon AST located on the northeast side of the boiler building.
Ethanol is stored in (2) 2,750,000 gallon ASTs that are located on the north side of the property.
Liquid Asphalt Binder is stored in (1) 10,000 gallon tank, (1) 20,000 gallon tank, (4) 30,000 gallon tanks,
(1) 140,000 gallon tank, and (1) 200,000 gallon tank. The Liquid Asphalt Binder tanks are located on the
southwestern portion of the property.
Additive is stored in (1) 8,000 gallon tank that is located on the southwestern portion of the property.
1.3.3 Loading and Unloading Activities
The locations of all loading, unloading, storage, and access areas are shown on the site map found in
Appendix A, Figure 2. Unloading of the liquid asphalt binder and ethanol occurs at the train rails and
loading occurs at the two loading racks that are shown on the site map. Access to the facility for the
tanker trucks is through a gate along the eastern side of the facility.
1.3.4 Outdoor Processing Areas
The following activities are conducted outside at the facility:
Vehicle / Equipment Parking — The parking area consists of a paved parking area
adjacent to the office.
J.T. Russell & Sons
Healing Springs Facility
Storm Water Pollution Prevention Plan
August 2012
Offloading Ethanol and Liquid Asphalt — The facility has two load -out racks: the rack for
the liquid asphalt is located in the southwestern portion of the property, and the rack for
the ethanol is located in the northeastern portion of the property.
1.3.5 Dust/Particulate Generation and Control Processes
Traffic, around and through the site, and earth moving equipment may generate dust or particulates. A
water truck will be used to suppress the production of dust or particulates.
1.3.6 Pollutants Having Reasonable Potential to be Present in Discharge
Based on the industrial activities and control methods identified, petroleum products resulting from minor
drips and leaks of vehicles and equipment, soil and other naturally -occurring organic materials are
reasonably expected to be present in storm water runoff.
1.3.7 Significant Spilis/Leaks and Corrective Actions Taken
To 1TR management's knowledge there have been no major discharges at the facility. Spills of any
volume are to be handled according to the spill response procedures in Section 3.4.
1.4 Non -Storm Water Discharges {Certification Required)
Please see Appendix E for signed certification that all outfalls have been evaluated for the presence of
non -storm water discharges and that no such discharges were found.
2.0 STORM WATER MANAGEMENT PLAN
2.1 Feasibility of Changing Operations to Eliminate/Reduce Exposure
There are no feasible changes at this facility that would eliminate exposure at this time.
2.2 Materials Management Practices
The facility incorporates structural and non-structural control measures in the attempt to further reduce
the level of pollutants in storm water runoff. The following briefly describes each control measure used
on site.
2.2.1 Structural Controls
The following provides a brief narrative of structural control measures and their functions:
Coverings are used to minimize contact between Significant Materials and precipitation and
to limit contact between dust/particulate matter and storm water. All Significant Materials are
stored inside in a dual containment system.
• A Dual -Containment Structure constructed of concrete block is present around the 10,000
gallon diesel. Dual containment also surrounds the (2) 2,750,000 gallon ethanol tanks, in the
form of an earthen containment structure. These secondary containment structures provide
adequate secondary containment.
C
J.T. Russell & Sons
Healing Springs Facility
Storm Water Pollution Prevention Plan
August 2012
• Sediment Basins — All storm water originating within or passing through the facility is routed,
via storm water conveyance channels and conveyance pipes, to the sediment basins which
allow residence time for sediment and other pollutants to settle out. Those areas not directed
to the sediment basins are managed with one or more of the following:
• check darns
• rip -rap
• vegetative cover
• matting
• Silt Fence
2.2.2 Non-structural Controls
Non-structural storm water control measures implemented at the facility include the following:
• Preventative Maintenance includes visual inspections of storm water management devices,
material storage systems, and all equipment for corrosion, deterioration, and stains. The risk
of releasing significant materials can be greatly reduced by identifying and eliminating
potential spills (leaks) and/or breach of containment structures before they become a problem.
See Section 4.1 for more information.
• Housekeeping measures include sweeping, neat and orderly storage of materials, maintenance
of floors, preservation of adequate aisle space, and a periodic walk around the facility to
check for any possible pollution issues. Please see Section 4.2 for more information.
• Spill Response is prompt as a result of frequent inspections. Employees are trained to
recognize potential spill situations and respond to them immediately and appropriately.
Please see Section 3.0 for more information.
• Security systems utilized at the facility include fencing and a main entrance gate (which is
closed and locked if facility is closed) as well as area lights for illumination, and security
cameras, all of which reduce the likelihood of vandalism, theft, and sabotage. During normal
"open" operational times, the site has qualified personnel on duty.
• Visual Inspections are conducted at Significant Material storage locations. Inspections assist
in identifying spills and leaks, corroded pipes and tanks, equipment deterioration, and stains.
Please see Section 4.0 for more information.
2.3 Secondary Containment
The 10,000 gallon diesel and (2) 2,750,000 gallon ethanol tanks have secondary containment structures
built around them. The liquid asphalt binder and additive tanks are exempt from secondary containment
requirements.
2.4 Best Management Practices Summary
Existing best management practices (BMPs) measures include proper conveyance of storm water to the
designated outfalls. Please see Section 4.2 for more information.
2.5 Inspection of Storm Water Conveyances
J.T. Russell & Sons
Healing Springs Facility
Storm Water Pollution Prevention Plan
August 2012
Visual inspections are conducted at the facility for evidence of pollutants or the potential for pollutants to
enter the storm water drainage system, as well as the physical condition of storm water conveyances such
as building downspouts, sediment basins, and BMP's described in Section 2.4. Inspections are conducted
semi-annually in accordance with the inspection procedures outlined in Section 4.1.
2.6 Vehicle and Equipment Cleaning Areas
Vehicle and equipment washing is not performed onsite.
2.7 Remote Fueling Operations
The off-loading of ethanol is conducted at a loading rack that is connected to the secondary containment
system. No other fueling type activities take place at the facility.
3.0 Spill Prevention and Response Plan
3.1 Purpose and Scope
The purpose of this Spill Prevention and Response Plan (SPRP) is to provide an assessment of potential
pollutant sources in order to minimize the risk of a spill and increase the effectiveness of a response to a
potential spill. A qualified person shall be on -site at all times during facility operations that have the
potential to contaminate storm water runoff through spills or exposure of materials associated with the
facility operations. Appendix F identifies facility personnel responsible for implementing the SPRP. Due
to the nature of the facility, the potential pollutant sources are generally related to the storage, transfer,
and use of the facility's petroleum products as covered in the Spill Prevention, Control, and Counter-
measure (SPCC) Plan.
3.2 Material Handling and Storage Procedures
The facility has twelve active in -use ASTs located onsite, there are an additional four ASTs that are not
currently in use and are empty. The materials contained within the ASTs include the following: diesel is
stored in one 10,000 gallon tank, ethanol is stored in (2) 2,750,000 — gallon tanks, liquid asphalt binder is
stored in (8) tanks totaling 540,000 gallons, and asphalt additive is stored in one 8,000 gallon tank. The
material used onsite can be categorized as new materials.
3.2.1 New Materials
New petroleum products (ethanol) are stored in (2) 2,750,000 gallon ASTs. The storage, transfer,
cleanup, and notification systems for these materials are detailed in the facility's SPCC plan.
3.2.2 Waste Materials
No waste petroleum materials are produced or stored at the facility. Debris and trash generated during
operations or found outside in the parking area is disposed of in trash receptacles and eventually into a
dumpster, which is hauled away by a trash pick-up service regularly.
3.3 Spill Response Equipment
The following is a list of equipment to be utilized in the event of spill/leakage of contaminants:
J.T. Russell & Sons
Healing Springs facility
Storm Water Pollution Prevention Plan
August 2012
• Employee Protection includes protective gloves and safety glasses, which are available in the
office. Boots are always required for all staff connected with loading trucks.
• Emergency Response Spill Kits include absorbent booms, pads, and wipes, and are located in
the office, and utility building.
• Granular Absorbent Material is available in the utility building and at the loading rack.
• Sand is available in various locations throughout the facility for the cleanup of any liquid
asphalt spills only.
• Fire Extin uishers are located in the office, utility building, and the loading rack.
• Shovels are located in various convenient locations throughout the facility.
• Brooms and Dustpans are located in various convenient locations throughout the facility.
3.4 Spill Response Procedures for Significant Materials
In the event of an emergency, the procedures outlined below are to be followed. The General Manager or
his/her designee (See Appendix F) is to be contacted to coordinate efforts in securing the facility, alerting
on -site employees, and initiating the response effort. Possible pollutants that may be spilled, from Section
1.4.1, include ethanol, No.2 diesel fuel, liquid asphalt binder, and additive.
The following describes response procedures for types of spills:
Minor Spills or Leaks are to be covered with absorbent material and then collected with either
shovels or broom and dustpan for immediate and proper disposal into a solid waste container.
Debris found in the parking area shall be picked up and disposed of in the proper waste
receptacle.
Significant Spills are to be first isolated with booms from emergency response spill kits before
being covered with absorbent material. Then, the material is to be collected by either shovels or
broom and dustpan and disposed based upon the recommendation of the General Manager or
his/her designee. In the event of a large spill, the facility's spill response contractor will be called
to clean up the spill. Section 5.0 of the facility's SPCC Plan shall be consulted for response
details.
For a significant spill of liquid asphalt binder, sand should be placed on the spill until the material
hardens, then the sand and liquid asphalt binder should be picked up and placed in the area
reserved for recyclable asphalt material, to be picked up with sufficient amounts accumulate and
taken to one of JTR's asphalt plants to be recycled.
3.5 Spill Reporting and Documentation
The General Manager or his/her designee is responsible for managing all emergency situations associated
with the release of petroleum -based or hazardous materials. Fie/she shall be thoroughly familiar with
emergency response procedures and responsible for initiating response measures to the fullest extent
without sacrificing worker safety. JTR employees are requested to report all material releases to the
General Manager or his/her designee, who will document them regardless of volume. Additional duties
of the General Manager or his/her designee include securing the area and assessing the situation to
0
J.T. Russell & Sons
August 2012
Healing Springs facility
Storm Water Pollution Prevention Plan
determine what assistance is necessary. He/she is responsible for reporting each incident to the
appropriate authorities, recording the incident, and conducting a post -spill briefing to discuss the cause of
the release and any measure which can be initiated to prevent another such event. If significant
materials are released in amounts equal to or in excess of reportable quantities as listed in Append&
H, it is required that the National Response Center is notified at (800-424-8802) and NCDENR is
notified at (800-858-0368) within 24 hours of the spill.
4.0 PREVENTATIVE MAINTENANCE AND GOOD HOUSEKEEPING
PROGRAMS
4.1 Preventative Maintenance Program
The JTR On -site Coordinators perform semi-annual inspections of the facility systems described below.
Inspection shall be conducted once during January to June, and once during July to December
with a minimum of 60 days between inspections. See Part 8 and the Semi-annual Storm Water
Management System Inspection Form in Appendix C-1. Areas inspected include parking areas,
loading and unloading areas, building downspouts, storm water conveyance systems, and sediment
basins. In addition, observers will look for any leaks, spills, poor housekeeping, corrosion/cracks or
foundation problems. If any problems are observed, they are to be noted during the inspection. The
inspection form is also used to determine required maintenance and to update the Plan to suit any changes
to the facility's operation. Inspection forms are filed in the General Manager or his/her designee's office.
Inspection findings and corrective measures undertaken are also contained in these files. Inspection
reports shall be kept with the Plan at the facility for five (5) years.
The current policies will be reviewed after each inspection to determine if additional upgrades are
necessary. Based on those results, the Plan will be revised to address changes in (1) the description of the
potential pollutant sources and (2) pollution prevention measures and controls identified in the Plan, both
within thirty (30) days of the inspection.
4.1.1 Storm Water Management Devices
The equipment and systems used on -site to minimize pollutants from entering storm water runoff are
inspected for leaks, discoloration, rust, and/or any other breaches of integrity and include:
Secondary containment, and;
Cover, i.e. roofs.
All storm water originating within or passing through the facility is routed, via channels and conveyance
pipes, to the sediment basins which allow residence time for sediment and other pollutants to settle out.
Those areas not directed to the sediment basins are managed with one or more of the following:
• check dams
• rip -rap
• vegetative cover
• matting
• silt fence
4.1.2 Materials Storage System Inspections
H
J.T. Russell & Sons
Healing Springs Facility
Storm Water Pollution Prevention Plan
August 2012
The primary focus of the inspections of the equipment and systems used to minimize the pollutants from
entering storm water runoff are to identify potential release sources and safety hazards associated with the
following:
• AST secondary containment integrity;
• Loading/unloading areas;
• Petroleum product bulk storage locations,
• Pipe and pump leaks;
• Tank corrosion;
• Deterioration of supports or foundations;
• Stains on walls, and;
• Overhead cover integrity.
4.1.3 Storm Water Management System Inspections
The primary focus of the inspections on the storm water management system is to identify conditions
which may reduce the effectiveness of the system such as:
• Stressed vegetation;
• Structures placed in front of outfal ls, and;
• Condition of the storm water outfalls.
Outfalls shall not be obstructed. Vegetated areas shall be maintained.
4.1.4 Equipment Inspections
Each system and piece of equipment is inspected semi-annually. Inspection procedures vary depending
upon the equipment/system; however, the major elements of the inspection program include:
• Cracks or structural failures;
• Parts or pieces of equipment not functioning properly;
• Degradation or deterioration of the unit;
• Need for cleaning or emptying the unit, and;
4.1.5 Vehicle and Equipment Maintenance
The facility has established a vehicle and equipment maintenance program to keep all components in
good mechanical condition, provide for the safe operation of vehicles, limit operating costs, and
maximize operating life. The preventative maintenance program for vehicles also minimizes hydraulic
and motor oil leaks, diesel spills, and tank ruptures and also reduces air emissions by identifying and
replacing faulty hoses, valves, and filters.
Equipment maintenance is performed on heavy equipment at the facility on an asphalt covered area.
Vehicles are maintained at an offsite facility. Solid waste generated from office type activities is placed
in an on -site dumpster with lids and a bottom plug. Waste from this dumpster is picked up by a local
service contractor.
4.2 Good Housekeeping Program
Good housekeeping procedures reduce the possibility of accidental spills and minimize safety hazards to
facility personnel. Key elements of the facility's good housekeeping program include:
J.T. Russell & Sons
Healing Springs Facility
Storm Water Pollution Prevention Plan
August 2012
• Prompt removal of minorspillage
Minor spills that occur in the fuel transfer areas or resulting from overfilling containers or
leakage will be collected immediately. Absorbent material is placed on the spill and the
waste absorbent material is properly collected and disposed.
• On -site waste collection and disposal
On -site generated solid waste is temporarily stored in a dumpster, which is picked up
regularly by a local service contractor.
• Aisle space
Adequate aisle space is maintained in all storage areas to allow easy access for inspections
and spill response.
• Parking lot maintenance
Vehicle parking areas are periodically inspected and maintained. fitter is picked up and
disposed as needed. This maintenance program minimizes the potential for petroleum drips,
spills, and leaks to be discharged with storm water.
5.0 EMPLOYEE TRAINING
Employee training programs are developed to inform facility personnel of the components and goals of
the Plan. The training covers practices for preventing spills and the procedures for responding properly
and rapidly to the spills. Facility personnel related to any aspect of the Plan undergo training prior to
work assignments and annually thereafter to ensure they are familiar with the provisions of the Plan.
Employee training meetings are held annually. The General Manager or his/her designee shall be
responsible for implementing the training meetings. Training will cover spill events or failures,
malfunctioning equipment, new policies or programs regarding spill prevention and response, revisions,
and employee responsibilities/roles in the Plan. Specific sections of the Plan are reviewed (i.e. spill
response, housekeeping, inspection, etc.) during the training sessions. Other applicable Plans are also
reviewed at this time. Training meetings arc recorded in the Training Attendance Log (Appendix D).
5.0 RESPONSIBLE PARTY
JTR shall establish a Storm Water Pollution Prevention Committee — hereafter referred to as the
"Committee". The Committee will consist of a team of facility employees responsible for overall
coordination, development, implementation and revision to the Plan.
Their primary responsibilities include:
• Assign resources and manpower to the Committee;
• Conduct materials inventory;
• Identify potential spill sources;
• Establish spill reporting procedures;
• Prepare visual inspection programs;
• Review past incidents of spills;
• Coordinate departments in implementing goals of the Plan;
• Establish employee training programs;
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J.T. Russell & Sons
August 2012
Healing Springs Facility
Storm Water Pollution Prevention Plan
• Implement reviewing and updating the Plan;
• Conduct meetings regarding the Plan, and;
• Review new construction and process changes relative to spill prevention and control.
"f he General Manager or his/her designee shall be responsible for implementing the provisions of this
Plan and assigning facility personnel to the Committee, as well as monitoring their responsibilities under
the Plan.
Table I in Appendix F identifies the individuals assigned to the Committee, their responsibilities, and
telephone numbers. Specific responsibilities and those assigned to them are listed in Table 2. All
individuals listed in Table 1 are responsible for carrying out their assigned duties. Whenever the primary
individual is not available, the alternate is responsible for carrying out these duties.
7.0 PLAN AMENDMENT
The Committee will meet annually to review; evaluate the effectiveness of, and update the Plan. In the
event that a significant spill or leak to storm water occurs, the Committee will meet immediately to
review the incident, evaluate the effectiveness of the overall program, and make recommendations to
management in support of JTR policy. The Plan will be amended as necessary to reflect any changes and
approved by the General Manager or his/her designee.
All reports, Storm Water Pollution Prevention Plans, certifications, or other information requested by
United States Environmental Protection Agency (USEPA) and NCDENR or required by the Plan shall be
reviewed, approved, signed, and certified by the General Manager or his/her designee. See Appendix E
for signed certification of this Plan.
The facility shall amend the plan within 30 days should the EPA or authorized state/local agency
determine the Plan does not meet specified requirements. Within 30 days of said notice, JTR shall submit
a time schedule for completion of the requested modifications. A written certification describing the
changes to the Plan will be provided to the agency upon completion.
The facility shall amend the Plan whenever there is a change in design, construction, operation, or
maintenance that has an effect on the potential for discharge of pollutants to waters of the United States.
A written copy of this Plan and associated documents will remain at the facility. Upon request, the Plan
will be made available for review by the EPA and authorized state or regional storm water management
representatives.
8.0 FACILITY INSPECTION PROGRAM
J'IR performs facility and storm water systems inspections semi-annually. These inspections are done in
addition to the qualitative storm water discharge characteristic monitoring discussed in Part 10. Two
inspections are conducted annually, with a minimum of 60 days separating the inspection dates.
The inspections are conducted during the following durations:
• One inspection conducted in the first half of the year between January and June, and;
• One inspection conducted in the second half of the year between July and December.
Each inspection covers the storm water control systems, facility equipment, and facility loading rack
servicing systems as discussed in the following sections. Inspections of systems related to petroleum
products and the potential for their spill are detailed in the facility's SPCC Plan.
13
J.T. Russell & Sons August 2012
Healing Springs Facility
Storm Water Pollution Prevention Plan
8.1 Storm Water Control Systems
Storm water control systems are established at the facility to control the flow of storm water, prevent
flooding, and reduce the likelihood of contaminated storm water discharges from the site. These
systems shall be inspected for structural integrity, potential inability to control storm water, and other
conditions that may reduce their effectiveness. Storm water controls systems checked during this
inspection include roofs/coverings, parking lots/impervious areas, drains/drainage piping, channels and
sediment basins. Detailed inspection criteria are presented in the Semi-annual Storm Water Management
System Inspection Form (Appendix C-1).
8.2 Facility Equipment
Equipment utilized onsite includes a forklift and a grove crane.
Inspection procedures vary depending upon the equipment/system; however, the major elements of the
inspection program include:
• Cracks or structural failures;
• Parts or pieces of equipment not functioning properly;
• Degradation or deterioration of the unit;
• Need for cleaning or emptying the unit, and;
• Daily Vehicle Condition Reports (VCRs).
8.3 Facility Systems
inspection of the facility shall include inspecting the ASTs for cracks or structural failures, tank
corrosion, pipe and pump leaks, deterioration of supports or foundations, worn or weathered fuel hoses,
and stains on or around rail cars and the fuel loading racks.
9.0 PLAN IMPLEMENTATION
JTR is committed to implementing the Plan and documenting all monitoring, measurements, inspections,
maintenance activities, and training provided to employees. Records of secondary containment, daily
vehicle condition reports, daily inspections, plan amendments, semi-annual facility inspections, employee
training, and analytical, qualitative and visual monitoring are maintained for a minimum of five (5) years
in this Plan, which is stored in the office building.
10.0 ANALYTICAL AND QUALITATIVE MONITORING
10.1 Analytical Monitoring Requirements
The JTR Healing Springs Facility does not use, store, or maintain motor oil in quantities greater than 55
gallons per month when averaged over the calendar year at the facility and is therefore exempt from
analytical monitoring requirements.
10.2 Qualitative Visual Monitoring
14
J.T. Russell & Sons
August 2012
Healing Springs Facility
Storm Water Pollution Prevention Plan
(Part 11. Section C. of the General Permit is included by reference below)
Qualitative monitoring requires a visual inspection of each storm water outfall regardless of
representative outfall status and shall be performed as specified in Table 4 below. If no storm water
discharge is occurring during the time of the weekly inspection a check to ensure that all sedimentation
and erosion controls are being properly implemented will be performed. Qualitative monitoring is for the
purpose of evaluating the effectiveness of sedimentation and erosion controls, and assessing new sources
of storm water pollution. No analytical tests are required. Qualitative monitoring shall be conducted at
least once every seven calendar days, and within 24 hours after any storm event of greater than 0.5 inches
of rain per 24 hour period. During stormy periods, or whenever runoff occurs daily, all sedimentation and
erosion control facilities shall be inspected daily and immediately before closing operations for the
weekend or other holiday. The operator shall keep a record of these qualitative monitoring inspections on
site. Uncontrolled releases of mud or muddy water or visible sedimentation found off site shall be
recorded with a brief explanation as to the measures taken to prevent future releases as well as any
measures taken to clean up the sediment that has left the site. This record shall be made available to
DWQ or authorized agent upon request.
Table 4 Qualitative Monitoring Requirements
Discharge
Characteristics
Frequency
Monitoring
Locationl
Color
every 7 days &/or after a 0.5 inch rain event
SDO
Odor
every 7 days &/or after a 0.5 inch rain event
SDO
Clarity
every 7 days &/or after a 0.5 inch rain event
SDO
Floating Solids
every 7 days &/or after a 0.5 inch rain event
SDO
Suspended Solids
every 7 days &/or after a 0.5 inch rain event
SDO
Foam
every 7 days &/or after a 0.5 inch rain event
SDO
Oil Sheen
every 7 days &/or after a 0.5 inch rain event
SDO
Erosion or deposition
at the outfall
every 7 days &/or after a 0.5 inch rain event
SDO
Other obvious
indicators of storm
water poIIution
every 7 days &/or after a 0.5 inch rain event
SDO
Footnotes:
1. Monitoring Location: Qualitative monitoring shall be performed at each storm water discharge
outfall (SDO) regardless of representative outfall status.
10.3 On -Site Vehicle Maintenance Monitoring Requirements
The JTR Healing Springs Facility does not conduct on -site vehicle maintenance at the site. They do
maintain a forklift, however they do not use more than 55 gallons of new motor oil per month when
averaged over the calendar year. Therefore the facility is not required to perform analytical monitoring.
10.4 Monitoring and Records
(Part III.D of the General Permit is included by reference below)
E , Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the
volume and nature of the permitted discharge. Analytical sampling shall be performed during a
representative storm event. Samples shall be taken on a day and time that is characteristic of the
15
J.T. Russell & Sons
August 2012
Healing Springs Facility
Storm Water Pollution Prevention Plan
discharge. All samples shall be taken before the discharge joins or is diluted by any other waste
stream, body of water, or substance. Monitoring points as specified in this permit shall not be
changed without notification to and approval of the Director.
2. Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected
pursuant to the requirements of this general permit, the permittee shall record the following
information: a. The date, exact place, and time of sampling, measurements, inspection or
maintenance activity; b. The individual(s) who performed the sampling, measurements,
inspection or maintenance activity; c. The date(s) analyses were performed; d. The individual(s)
who performed the analyses; e. The analytical techniques or methods used; and f. The results of
such analyses.
Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to ensure the accuracy and reliability of
measurements of the volume of monitored discharges.
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 general permit, all test procedures must produce minimum detection and
reporting levels and all data generated must be reported down to the minimum detection or lower
reporting level of the procedure.
Representative Outfall
If a facility has multiple discharge locations with substantially identical storm water discharges
that are required to be sampled, the permittee may petition the Director for representative outfall
status. If it is established that the storm water discharges are substantially identical and the
permittee is granted representative outfall status, then sampling requirements may be performed
at a reduced number of outfalls.
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3
Permit No. NCGO80000
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG080000
TO DISCHARGE STORMWATER 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, this permit
is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit
as evidenced by receipt of a Certificate of Coverage by the Environmental Management
Commission to allow the discharge of stormwater to the surface waters of North Carolina or
separate storm sewer systems conveying stormwater to surface waters in accordance with the
terms and conditions set forth herein.
Coverage under this general permit is applicable to all owners or operators of stormwater point
source discharges associated with activities that have Vehicle Maintenance Areas (including
vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication and equipment cleaning
operation areas) associated with activities classified as Rail Transportation [Standard Industrial
Classification (SIC) 401, Local and Suburban Transit and Interurban Highway Passenger
Transportation [SIC 41 ], Motor Freight Transportation and Warehousing [SIC 421, except Public
Warehousing and Storage [SIC 4221-42251, Postal Service [SIC 43], Petroleum Bulk Stations
and Terminals [SIC 5171] with total petroleum storage capacity of less than 1 million gallons.
Other activities, not categorically required to be permitted, such as point source stormwater
discharges from oil water separators, secondary containments structures at petroleum storage
facilities with total petroleum storage capacity of less than 1 million gallons, and/or vehicle
maintenance areas at any facilities other than those listed above, which may be designated on a
case -by -case basis as being required to be permitted.
The following activities are specifically excluded from coverage under this General Permit:
vehicle maintenance areas at activities classified as Water Transportation [SIC 44] and
Transportation by Air [SIC 45] and wash water from steam cleaning operations or other
equipment cleaning operations.
The General Permit shall become effective on November 1, 2007,
The General Permit shall expire at midnight on October 31, 2012.
Signed this day October 17, 2007.
Original signed by Coleen Sullins
Coleen H. Sullins, Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCGO80000
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: General Permit Coverage
Section B: Permitted Activities
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B. Analytical Monitoring Requirements - Vehicle Maintenance Activities
Section C: Discharge Limitations and Analytical Monitoring Requirements - Oil Water
Separators andior Petroleum Bulk Stations and Terminals
Section D: Qualitative Monitoring Requirements
PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS
Section A: Compliance and Liability
1.
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
5.
Oil and Hazardous Substance Liability
6.
Property Rights
7.
Severability
8.
Duty to Provide Information
4.
Penalties for Tampering
10.
Penalties for Falsification of Reports
Section B: General Conditions
1. General Permit Expiration
2. Transfers
3. When an Individual Permit May be Required
4. When an Individual Permit May be Requested
5, Signatory Requirements
H
Permit No. NCGO80000
6. General Permit Modification, Revocation and Reissuance, or
Termination
7. Certificate of Coverage Actions
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Non-Stormwater Discharges
6.
Representative Outfall
7.
Records Retention
8.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Bypass
8.
Twenty-four Hour Reporting
9.
Other Noncompliance
10.
Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
it
Permit No. NCG080000
PART I INTRODUCTION
SECTION A: GENERAL PERMIT COVERAGE
All persons desiring to be covered by this General Permit must register with the Division of
Water Quality by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be
submitted and a certificate of coverage issued prior to any discharge of stormwater associated
with industrial activity that has a point source discharge to the surface waters of the state.
Any owner or operator not wishing to be covered or limited by this General Permit may make
application for an individual NPDES permit in accordance with NPDES procedures in 15A
NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual
permit should be made at least 180 days prior to commencement of discharge.
This General Permit does not cover activities or discharges covered by an individual NPDES
permit until the individual permit has expired or has been revoked. Any person conducting an
activity covered by an individual permit but which could be covered by this General Permit may
request that the individual permit be revoked and coverage under this General Permit be
provided.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40
CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater
discharge permit requirements. Any owner or operator wishing to obtain a No Exposure
Certification must submit a No Exposure Certification NOT form to the Division, must receive
approval by the Division, must maintain no exposure conditions unless authorized to discharge
under a valid NPDES stormwater permit, and must reapply for the No Exposure Exclusion once
every five (5) years.
Facilities submitting NOIs for coverage under this permit, and facilities submitting renewal
forms for continued coverage under this permit, prior to establishment or approval of a Total
Maximum Daily Load (TMDL) for pollutant(s) for stormwater discharges (i.e. wet weather
flows), may be covered under this permit during its term. For such facilities, continued coverage
under the reissuance of this permit is subject to the facility demonstrating that it does not have a
reasonable potential to violate applicable water quality standards for such pollutants due to the
stormwater discharge(s). For facilities that do have a reasonable potential for violation of
applicable water quality standards due to the stormwater discharge(s), the facility shall apply for
an individual permit 180 days prior to the expiration of this general permit. Once the individual
permit is issued and becomes effective the facility will no longer have coverage under the general
permit. Impaired waters scheduled for TMDL development are on North Carolina's 303(d) List
and can be found here: http://h2o.enr.state.nc.us/tmdl/General_303d.htm#Downloads.
A list of approved TMDLs for the state of North Carolina can be found here:
http://h2o.enr.state.nc.us/tmd[/General_TMDLs.htm.
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.
Part I Page 1 of 2
Permit No. NCGO80000
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 which has
been adequately treated and managed in accordance with the terms and conditions of this General
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 General Permit shall not cause or contribute to
violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Part 1 Page 2 of 2
Permit No. NCGO80000
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as
the Plan. This Plan shall be considered public information in accordance with Part lIl, Standard
Conditions, Section E, Paragraph 3 of this general permit. The Plan shall include, at a minimum,
the following items:
Site Plan. The site plan shall provide a description of the physical facility and the
potential pollutant sources which may be expected to contribute to contamination of
stormwater discharges. The site plan shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted
equivalent map), showing the facility's location in relation to transportation
routes and surface waters, the name of the receiving water(s) to which the
stormwater outfall(s) discharges, or if the discharge is to a municipal separate
storm sewer system, the name of the municipality and the ultimate receiving
waters, and accurate latitude and longitude of the point(s) of discharge. The map
should identify whether each receiving water is impaired (on the state's 303(d)
list of impaired waters) or is located in a watershed for which a TMDL has
been established, and what the parameter(s) of concern are.
North Carolina's 303(d) List can be found here:
http://h2o.enr.state.ne.us/tmdt/General_303d.htm#Downloads
North Carolina TMDL documents can be found here:
http://h2o.enr.state.nc.us/tmdl/TMOL—list.htm#Final—TMDLs
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants which
could be expected to be present in the stormwater discharge from each outfall.
(c) A site map drawn to scale (including a distance legend) showing: the site property
boundary, the stormwater discharge points, all on -site and adjacent surface waters
and wetlands, industrial activity areas (including storage of materials, disposal
areas, process areas, loading and unloading areas, and haul roads), site
topography, all drainage features and structures, drainage areas for each outfall,
industrial activities occurring in each drainage area, buildings, existing BMPs, and
impervious surfaces. The site map must indicate the percentage of each drainage
area that is impervious.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the three (3) previous years and any corrective actions taken to mitigate
spill impacts.
Part II Page 1 of 9
Permit No. NCGO80000
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in
accordance with the requirements found in Part III, Standard Conditions, Section
B, Paragraph 5.
2. Stormwater Management Plan. The stormwater management plan shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stormwater, including structural and
nonstructural measures. The stormwater management plan, at a minimum, shall
incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to stormwater. Wherever practical, the permittee shall
prevent exposure of all storage areas, material handling operations, and
manufacturing or fueling operations. In areas where elimination of exposure is
not practical, the stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section
313 of Title III of the Superfund Amendments and Reauthorization Act (SARA)
water priority chemicals; and storage in any amount of hazardous substances, in
order to prevent leaks and spills from contaminating stormwater runoff. A table
or summary of all such tanks and stored materials and their associated secondary
containment areas shall be maintained. If the secondary containment devices are
connected directly to stormwater conveyance systems, the connection shall be
controlled by manually activated valves or other similar devices (which shall be
secured closed with a locking mechanism), and any stormwater that accumulates
in the containment area shall be at a minimum visually observed for color, foam,
outfall staining, visible sheens and dry weather flow, prior to release of the
accumulated stormwater. Accumulated stormwater shall be released if found to
be uncontaminated by the material stored within the containment area. Records
documenting the individual making the observation, the description of the
accumulated stormwater, and the date and time of the release shall be kept for a
period of five years.
(c) BMP Summary. A narrative description shall be provided of Best Management
Practices (BMPs) to be considered such as, but not limited to, oil and grease
separation, debris control, vegetative filter strips, infiltration and stormwater
detention or retention, where necessary. The need for structural BMPs shall be
based on the assessment of the potential of pollutant sources to contribute
significant quantities of pollutants to stormwater discharges and data collected
through monitoring of stormwater discharges.
(d) Locomotive Sanding Areas (applicable to Rail Transportation only). The plan
must describe measures that prevent or minimize contamination of the stormwater
runoff from areas used for locomotive sanding. The facility shall consider
covering sanding areas, minimizing stormwater runon/runoff, appropriate
Part ll Page 2 of 9
Permit No. NCG080000
sediment removal practices to minimize the offsite transport of sanding material
by stormwater, or other equivalent measures.
(e) Vehicle and Equipment Cleaning Areas. The plan must describe measures that
prevent or minimize contamination of the stormwater runoff from all areas used
for vehicle and equipment cleaning. The facility shall consider performing all
cleaning operations indoors, covering the cleaning operation, ensuring that all
wash waters drain to the sanitary sewer system (i.e., not the stormwater drainage
system, unless permitted by another NPDES general or individual permit),
collecting the stormwater runoff from the cleaning area and providing treatment or
recycling, or other equivalent measures. If sanitary sewer is not available to the
facility and cleaning operations take place outdoors, the cleaning operations shall
take place on grassed or graveled areas to prevent point source discharges of the
wash water into the storm drains or surface waters. Where cleaning operations
cannot be performed as described above and when operations are performed in the
vicinity of a storm drainage collection system, the drain shall be covered with a
portable drain cover during cleaning activities. Any excess ponded water shall be
removed and properly handled by pump to a sanitary sewer system prior to
removing the drain cover. Detergents used outdoors shall be biodegradable and
the pH adjusted to be in the range of 6 to 9 standard units. The point source
discharge of vehicle and equipment wash waters, including tank cleaning
operations, are not authorized by this permit and must be covered under a separate
NPDES general or individual permit or discharged to a sanitary sewer in
accordance with applicable industrial wastewater pretreatment requirements.
(f) Remote Fueling Operations. If remote fueling (or other vehicle maintenance
activities) are conducted at off site locations but coordinated from the permitted
facility, the plan shall include a component that describes the stormwater
management practices and PMPs used to prevent and/or minimize the
contamination of stormwater from such activities.
Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel (or team) responsible for implementing the
SPRP shall be identified. A responsible person shall be on -site at all times during facility
operations that have the potential to contaminate stormwater runoff through spills or
exposure of materials associated with the facility operations. The SPRP must be site
stormwater specific. Therefore, an oil SPCC plan may be a component of the SPRP but
may not be sufficient to completely address the stormwater aspects of the SPRP. The
common elements of the SPCC with the SPRP may be incorporated by reference into the
SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance program shall be developed. The program shall document schedules of
inspections and maintenance activities of stormwater control systems, plant equipment
and systems. Inspection of material handling areas and regular cleaning schedules of
these areas shall be incorporated into the program.
Part II Page 3 of 9
Permit No. NCGO80000
Employee Training. Training schedules shall be developed and training provided at a
minimum on an annual basis on proper spill response and cleanup procedures and
preventative maintenance activities for all personnel involved in any of the facility's
operations that have the potential to contaminate stormwater runoff. Facility personnel
(or team) responsible for implementing the training shall be identified.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position assignments provided.
7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. The Stormwater Pollution
Prevention Plan shall be reviewed and updated on an annual basis. The annual update
shall include an updated list of significant spills or leaks of pollutants for the previous
three years, or the notation that no spills have occurred. The annual update shall include
re -certification that the Stormwater outfalls have been evaluated for the presence of non-
stormwater discharges.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part M, Standard Conditions, Section B, Paragraph 5) to the Director that the changes
have been made.
Facility Inspection Program. Inspections of the facility and all stormwater systems shall
occur at a minimum on a semi-annual schedule, once during the first half of the year
(January to June) and once during the second half (July to December), with at least 60-
days separating inspection dates (unless performed more frequently). The inspection and
any subsequent maintenance activities performed shall be documented, recording date
and time of inspection, individual(s) making the inspection and a narrative description of
the facility's stormwater control systems, plant equipment and systems. Records of these
inspections shall be incorporated into the Stormwater Pollution Prevention Plan. These
facility inspections are different from, and in addition to, the stormwater discharge
characteristic monitoring required in Part 1.1 of this permit.
9. Implementation. The permittee shall implement the Plan. The permittee shall document
all monitoring, measurements, inspections, maintenance activities, and training provided
to employees, including the log of the sampling data and of actions taken to implement
BMPs associated with the industrial activities, including vehicle maintenance activities.
Such documentation shall be kept on -site for a period of five years and made available to
the Director or the Director's authorized representative immediately upon request.
Part H Page 4 of 9
Permit No. NCGO80000
SECTION B: ANALYTICAL MONITORING REQUIREMENTS - VEHICLE MAINTENANCE
ACTIVITIES
During the period beginning on the effective date of the permit and lasting until expiration, the permittee
is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of
stormwater discharges shall be performed as specified in Table 1, for those facilities conducting vehicle
maintenance activities and utilizing more than 55 gallons new motor oil per month when averaged over
the year (those vehicle maintenance activities not utilizing more than 55 gallons of new motor oil per
month are not required to conduct analytical monitoring).
Table I. Analytical M nitoring Requirements
Discharge
Characteristics
Units
Measurement
Fre uenc 1
Sample
Type2
Sample
Location3
H
standard
semi-annual
Grab
SDO
Oil and Grease
mg/1
semi-annual
Grab
SDO
Total Suspended Solids
mg/1
i semi-annual
Grab
SDO
Total Rainfall4
inches
semi-annual
Rain gauge
New Motor Oil Usagegallons/month
semi-annual
Estimate
-
Footnotes:
I Measurement Frequency: Twice per year during a representative storm event.
2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall
be collected within the first 30 minutes of discharge from the pond.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall
status has been granted.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain
gauge reading must be recorded.
All analytical monitoring shall be performed during a representative storm event at each
stormwater discharge outfall (SDO).
A representative storm event is a storm event that measures greater than 0.1 inches of rainfall
and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1
inches has occurred. A single storm event may contain up to 10 consecutive hours of no
precipitation. For example, if it rains for 2 hours without producing any collectable discharge,
and then stops, a sample may be collected if a rain producing a discharge begins again within the
next 10 hours.
Part H Page 5 of 9
Permit No. NCGO80000
The permittee shall complete the analytical samplings in accordance with the schedule specified
in Table 2. A minimum of 60 days must separate Period l and Period 2 sample dates unless
monthly monitoring has been instituted under a Tier Two response.
Table 2. Monitoring Schedule
Monitoring period'
Sample Number
Start
End
Year 1 — Period 1
1
January 1, 2008
June 30, 2008
Year 1 — Period 2
2
July 1, 2008
December 31, 2008
Year 2 — Period 1
3
January 1, 2009
June 30, 2009
Year 2 — Period 2
4
July 1, 2009
December 31, 2009
Year 3 — Period 1
5
January 1, 2010
June 30, 2010
Year 3 — Period 2
6
July 1, 2010
December 31, 2010
Year 4 — Period 1
7
January 1, 2011
June 30, 2011
Year 4 — Period 2
8
July 1, 2011
December 31, 2011
Year 5 — Period 1
9
January 1, 2012
June 30, 2012
Year 5 — Period 2
10
July 1, 2012
October 31, 2012
Footnotes:
I Maintain semi-annual monitoring during permit renewal process. If at the expiration of the general permit, the
permittee has submitted an application for renewal of coverage before the submittal deadline, the permittee will
be considered for renewed coverage. The applicant must continue semi-annual monitoring until the renewed
Certificate of Coverage is issued.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No
Flow" within 30 days of the end of the six-month sampling period.
Monitoring results shall be compared to the benchmark values in Table 3. Exceedences of
benchmark values require the permittee to increase monitoring, increase management actions,
increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered
program. See below the descriptions of Tier One and Tier Two.
Table 3. Benchmark Values for Analytical Monitoring Requirements
Discharge Characteristics
Benchmark Value
H
Within the range 6.0 - 9.0
Oil and Grease
30 mg/1
Total Suspended Solids
100 m
Part 11 Page 6 of 9
Permit No. NCGO80000
Tier One
If: The sampling results are above a benchmark value, or outside of the benchmark range, for any
at anv outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of
receiving sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedence.
3. Identify potential, and select the specific: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, or to bring
concentrations within the benchmark range.
4. Implement the selected actions within two months of the inspection.
5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan.
Include the date and value of the benchmark exceedence, the inspection date, the personnel
conducting the inspection, the selected actions, and the date the selected actions were
implemented.
Tier Two
If: During the term of this permit, the sampling results are above the benchmark values, or outside of
the benchmark range, for any specific parameter at a specific discharge outfall two tithes in a
row;
Then: The penmittee shall.
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring for all parameters at every outfall where a
sampling result exceeded the benchmark value for two consecutive samples. Monthly
(analytical and qualitative) monitoring shall continue until three consecutive sample results
are below the benchmark values or within the benchmark range.
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. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan,
Part II Page 7 of 9
Permit No. NCGO80000
During the term of this permit, if the sampling results exceed the benchmark value, or are outside
the benchmark range, for any specific parameter at any specific outfall on more than four
occasions, DWQ may:
Require that the permittee increase or decrease the monitoring frequency for the
remainder of the permit;
• rescind coverage under the General Permit, and require that the permittee apply for an
individual stormwater discharge permit;
• require the permittee to install structural stormwater controls;
• require the permittee to install other stormwater control measures; or
• require that the permittee implement site modifications to qualify for the No Exposure
Exclusion.
SECTION C: DISCHARGE LIMITATIONS AND ANALYTICAL MONITORING
REQUIREMENTS - OIL WATER SEPARATORS AND/OR PETROLEUM
BULK STATIONS AND TERMINALS
During the period beginning on the effective date of the permit and lasting until expiration, the permittee
is authorized to discharge stormwater from oil water separators and/or petroleum bulk stations and
terminals secondary containment areas subject to the provisions of this permit. Discharges shall be
limited and monitored as specified in Table 4, and sampled in accordance with the Schedule presented in
Table 2.
Table 4. Discharge Limitations and Analytical Monitoring Re uirements
Discharge
Characteristics
Limitations
and Units
Measurement
Fre uenc 1
Sample
Type2
Sample
Location3
H
6.0 to 9.0 s.u.
semi-annual
Grab
SDO
Oil and Grease
30 m
semi-annual
Grab
SDO
Total Suspended Solids
100 m l
semi-annual
Grab
SDO
Total Rainfall4
inches
semi-annual
Rain gauge
-
Footnotes:
I Measurement Frequency: Twice per year during a representative storm event.
2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall
be collected within the first 30 minutes of discharge from the pond.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall
status has been granted.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain
gauge reading must be recorded.
Part 11 Page 8 of 9
Permit No. NCGO80000
SECTION D: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status and shall be performed as specified in Table S, during the analytical
monitoring event. Qualitative monitoring is for the purpose of evaluating the effectiveness of the
Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution.
Table 5. Qualitative Monitoring Requirements
Discharge Characteristics
Frequency
Monitoring
Locationl
Color
semi-annual
SDO
Odor
semi-annual
SDO
Clarity
semi-annual
SDO
Floatin_g 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:
Monitoring Location: Qualitative monitoring shall be performed at each
stormwater discharge outfall (SDO) regardless of representative outfall status.
Part H Page 9 of 9
Permit No. NCGO80000
PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL
PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater
discharges in accordance with the following schedule:
Existing facilities already operating, but applying for coverage under this general permit
for the first time: The Stormwater Pollution Prevention Plan shall be developed and
implemented within 12 months of the effective date of the initial Certificate of Coverage
issued pursuant to this general 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 Certificate of
Coverage.
New facilities applying for permit coverage for the first time and existing facilities
previously permitted and applying for renewal under this general permit: All
requirements, conditions, limitations, and controls contained in this permit become
effective immediately upon issuance of the Certificate of Coverage. The Stormwater
Pollution Prevention Plan shall be developed and implemented prior to the beginning of
discharges from the operation of the industrial activity and be updated thereafter on an
annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of
this permit shall be accomplished prior to the beginning of discharges from the operation
of the industrial activity.
2. Duty to Comply.
The permittee must comply with all conditions of this permit. Any pernut noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of a permit
renewal application.
(a) The permittee shall comply with effluent standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage
sludge use or disposal established under section 405(d) of the CWA within the time
provided in the regulations that establish these standards or prohibitions or standards for
sewage sludge use or disposal, even if the permit has not yet been modified to incorporate
the requirement.
(b) The Clean Water Act provides that any person who violates section 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
Part III Page 1 of I 1
Permit No. NCGO80000
pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $27,500 per day for each violation. The Clean
Water Act provides that any person who negligently violates sections 301, 302, 306, 307,
308, 318, or 405 of the Act, or any condition or limitation implementing any of such
sections in a permit issued under section 402 of the Act, or any requirement imposed in a
pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject
to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not
more than 1 year, or both. In the case of a second or subsequent conviction for a negligent
violation, a person shall be subject to criminal penalties of not more than $50,000 per day
of violation, or by imprisonment of not more than 2 years, or both. Any person who
knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3
years, or both. In the case of a second or subsequent conviction for a knowing violation, a
person shall be subject to criminal penalties of not more than $100,000 per day of
violation, or imprisonment of not more than 6 years, or both. Any person who knowingly
violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act, and who knows at that time that he thereby places another person
in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to
a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In
the case of a second or subsequent conviction for a knowing endangerment violation, a
person shall be subject to a fine of not more than $500,000 or by imprisonment of not
more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the
CWA, shall, upon conviction of violating the imminent danger provision, be subject to a
fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or
subsequent convictions.
(c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars
($25,000) per violation may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit. [Ref: NC General
Statutes 143-215.6A].
(d) Any person may be assessed an administrative penalty by the Administrator for
violating section 301, 302, 306, 307, 308, 318 or 405 of 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 $11,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500. Penalties for Class H violations are not to exceed $11,000 per day for each day
during which the violation continues, with the maximum amount of any Class II penalty
not to exceed $137,500.
3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
ZD
violation of this general permit which has a reasonable likelihood of adversely affecting
human health or the environment.
Part III Page 2 of 11
Permit No. NCG080000
4. Civil and Criminal Liability
Except as provided in Section C of this permit regarding bypassing of stormwater control
facilities, nothing in this general permit shall be construed to relieve the permittee from
any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-
215.3, 143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC
1319. Furthermore, the permittee is responsible for consequential damages, such as fish
kills, even though the responsibility for effective compliance may be temporarily
suspended.
5. Oil and Hazardous Substance Liabilit
Nothing in this general 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 general permit does not convey any property rights in either real or
personal property, or any exclusive privileges, nor does it authorize any injury to private
property or any invasion of personal rights, nor any infringement of Federal, State or local
laws or regulations.
7. Severability
The provisions of this general permit are severable, and if any provision of this general
permit, or the application of any provision of this general permit to any circumstances, is
held invalid, the application of such provision to other circumstances, and the remainder
of this general permit, shall not be affected thereby.
8. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the certificate of coverage issued pursuant to this
general permit or to determine compliance with this general permit. The permittee shall
also furnish to the Director upon request, copies of records required to be kept by this
general permit.
9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
general 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
Part Ill Page 3 of 11
Permit No. NCGO80000
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this general permit, including monitoring reports or reports of
compliance or noncompliance shall, upon conviction, be punished by a fine of not more
than $10,000 per violation, or by imprisonment for not more than two years per violation,
or by both.
SECTION B: GENERAL CONDITIONS
General Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall
submit forms and fees as are required by the agency authorized to issue permits no later
than 180 days prior to the expiration date. Any permittee that has not requested renewal
at least 180 days prior to expiration, or any permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration, will be
subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC
1251 et. seq.
2. Transfers
The certificate of coverage issued pursuant to this general permit is not transferable to any
person except after notice to and approval by the Director. The Director may require
modification or revocation and reissuance of the certificate of coverage to change the
name and incorporate such other requirements as may be necessary under the Clean
Water Act. Permittee is required to notify the Division in the event the permitted facility
is sold or closed.
When an Individual Permit May be Required
The Director may require any owner/operator authorized to discharge under a certificate
of coverage issued pursuant to this general permit to apply for and obtain an individual
permit or coverage under an alternative general permit. Any interested person may
petition the Director to take action under this paragraph. Cases where an individual
permit may be required include, but are not limited to, the following:
a. The discharger is a significant contributor of pollutants;
Part 1.1.1 Page 4 of I 1
Permit No. NCG080000
b. Conditions at the permitted site change, altering the constituents and/or
characteristics of the discharge such that the discharge no longer qualifies for a
general permit;
The discharge violates the terms or conditions of this general permit;
d. A change has occurred in the availability of demonstrated technology or practices
for the control or abatement of pollutants applicable to the point source;
e. Effluent limitations are promulgated for the point sources covered by this general
permit;
A water quality management plan containing requirements applicable to such
point sources is approved after the issuance of this general permit.
g. The Director determines at his or her own discretion that an individual permit is
required.
4. When an Individual Permit May be Requested
Any permittee operating under this general permit may request to be excluded from the
coverage of this general permit by applying for an individual permit. When an individual
permit is issued to an owner/operator the applicability of this general permit is
automatically terminated on the effective date of the individual permit.
5. Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed and
certified.
a. All notices of intent to be covered under this general permit shall be signed as
follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of
this Section, a responsible corporate officer means: (a) a president,
secretary, treasurer or vice president of the corporation in charge of a
principal business function, or any other person who performs similar
policy or decision making functions for the corporation, or (b) the manager
of one or more manufacturing production or operating facilities employing
more than 250 persons or having gross annual sales or expenditures
exceeding 25 million (in second quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the
proprietor, respectively; or
Part III Page 5 of 11
Permit No. NCGO80000
(3) For a municipality, State, Federal, or other public agency: by either a
principal executive officer or ranking elected official.
b. All reports required by the general permit and other information requested by the
Director shall be signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having
responsibility for the overall operation of the regulated facility or activity,
such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or
position having overall responsibility for environmental matters for the
company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Director.
Any person signing a document under paragraphs a. or b. of this section shall
make the following certification:
"I certify, under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing
violations."
6. General Permit Modification, Revocation and Reissuance, or Termination
The issuance of this general permit does not prohibit the Director from reopening and
modifying the general permit, revoking and reissuing the general permit, or terminating
the general 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.
After public notice and opportunity for a hearing, the general permit may be terminated
for cause. The filing of a request for a general permit modification, revocation and
reissuance, or termination does not stay any general permit condition. The certificate of
coverage shall expire when the general permit is terminated.
Part III Page 6 of 11
Permit No. NCGO80000
7. Certificate of Coverage Actions
The certificate of coverage issued in accordance with this general permit may be
modified, revoked and reissued, or terminated for cause. The notification of planned
changes or anticipated noncompliance does not stay any general permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of this general permit. Proper
operation and maintenance also includes adequate laboratory controls and appropriate
quality assurance procedures. This provision requires the operation of back-up or
auxiliary facilities or similar systems which are installed by a permittee only when the
operation is necessary to achieve compliance with the conditions of the general permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with
the condition of this general permit.
Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee
for bypass unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary
control facilities, retention of stormwater or maintenance during normal periods of
equipment downtime or dry weather. This condition is not satisfied if adequate
backup controls should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal periods
of equipment downtime or preventive maintenance; and
The permittee submitted notices as required under Section E of this permit.
If the Director determines that it will meet the three conditions listed above, the Director
may approve an anticipated bypass after considering its adverse effects.
Part III Page 7 of 1 I
Permit No. NCG080000
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 representative storm event. Samples shall be taken on a day and time
that is characteristic of the discharge. All samples shall be taken before the discharge
joins or is diluted by any other waste stream, body of water, or substance. Monitoring
points as specified in this permit shall not be changed without notification to and
approval of the Director.
2. RecordinL- Results
For each measurement, sample, inspection or maintenance activity performed or collected
pursuant to the requirements of this general permit, the permittee shall record the
following information:
a. The date, exact place, and time of sampling, measurements, inspection or
maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection or
maintenance activity;
The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
The analytical techniques or methods used; and
The results of such analyses.
Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and
reliability of measurements of the volume of monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
Part Ill Page 8 of 11
Permit No. NCG080000
To meet the intent of the monitoring required by this general 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.
5. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater
discharges that are required to be sampled, the permittee may petition the Director for
representative outfall status. If it is established that the stormwater discharges are
substantially identical and the permittee is granted representative outfall status, then
sampling requirements may be performed at a reduced number of outfalls.
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with
the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall
also be maintained on -site. The permittee shall retain records of all monitoring
information, including all calibration and maintenance records and all original strip chart
recordings for continuous monitoring instrumentation, and copies of all reports required
by this general permit for a period of at least 5 years from the date of the sample,
measurement, report or application. This period may be extended by request of the
Director at any time.
7. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this general
permit;
b. Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this general permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this
general permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring general
permit compliance or as otherwise authorized by the Clean Water Act, any
substances or parameters at any location.
Part III Page 9 of 1 I
Permit No. NCGO80000
SECTION E: REPORTING REQUIREMENTS
Discha g Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the
Division on Discharge Monitoring Report forms provided by the Director. Submittals
shall be received by the Division no later than 30 days from the date the facility receives
the sampling results from the laboratory.
When no discharge has occurred from the facility during the report period, the permittee
is required to submit a discharge monitoring report within 30 days of the end of the six-
month sampling period, giving all required information and indicating "NO FLOW" as
per NCAC T15A 02B .0506.
2. Submitting Reports
Duplicate signed copies of all reports required herein, shall be submitted to the following
address:
Central Files
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms
shall be available for public inspection at the offices of the Division of Water Quality As
required by the Act, analytical data shall not be considered confidential. Knowingly
making any false statement on any such report may result in the imposition of criminal
penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this general permit coincides with a non-
stormwater discharge, the permittee shall separately monitor all parameters as required
under the non-stormwater discharge permit and provide this information with the
stormwater discharge monitoring report.
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes
at the permitted facility which could significantly alter the nature or quantity of pollutants
discharged. This notification requirement includes pollutants which are not specifically
Part III Page 10 of I 1
Permit No. NCGO80000
listed in the general permit or subject to notification requirements under 40 CFR Part
122.42 (a).
6. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes
at the permitted facility which may result in noncompliance with the general permit
requirements.
Bypass
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the bypass;
including an evaluation of the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of
becoming aware of an unanticipated bypass.
Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
9. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour
reporting at the time monitoring reports are submitted.
10. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a Notice
of Intent to be covered under this general permit or in any report to the Director, it shall
promptly submit such facts or information.
Part III Page 1 1 of 11
Permit No. NCG080000
PART IV LIMITATIONS REOPENER
This general permit shall be modified or alternatively, revoked and reissued, to comply with any
applicable effluent guideline or water quality standard issued or approved under Sections 302(b)
(2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water
quality standard so issued or approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in
the general permit; or
b. Controls any pollutant not limited in the general permit.
The general permit as modified or reissued under this paragraph shall also contain any other
requirements in the Act then applicable.
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in timely manner in accordance with
15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Certificate of
Coverage.
PART VI DEFINITIONS
Act
See Clean Water Act.
2. Arithmetic Mean
The arithmetic mean of any set of values is the summation of the individual values
divided by the number of individual values.
3. Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be
allowed in the stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
Parts IV, V, and V1 Page I of 6
Permit No. NCG080000
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate
without added chemicals, springs, discharges of uncontaminated potable water,
waterline and fire hydrant flushings, water from footing drains, flows from
riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training.
4. Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs may take the form of a process, activity, or physical structure.
5. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control
facility including the collection system, which is not a designed or established operating
mode for the facility.
6. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a
single above ground storage container having a capacity of greater than 660 gallons or
with multiple above ground storage containers located in close proximity to each other
having a total combined storage capacity of greater than 1,320 gallons.
7. Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies the general
permit upon issuance and lists the facility name, location, receiving stream, river basin,
effective date of coverage under the permit and is signed by the Director.
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 DW
The Division of Water Quality, Department of Environment and Natural Resources,
10. Director
The Director of the Division of Water Quality, the permit issuing authority.
Parts [V, V, and VI Page 2 of 6
Permit No. NCG080000
11. EMC
The North Carolina Environmental Management Commission.
12. Grab Sample
An individual samples collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored 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. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such
as a city or town.
16. No Exposure
A condition of no exposure means that all industrial materials and activities are protected
by a storm resistant shelter or acceptable storage containers to prevent exposure to rain,
snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited
to, material handling equipment or activities, industrial machinery, raw materials,
intermediate products, by-products, final products, or waste products. DWQ may grant a
No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a
facility complies with the terms and conditions described in 40 CFR § 122.26(g).
17. 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.
18. Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral
deposit, excluding topsoil or similar naturally -occurring surface materials that are not
disturbed by mining operations.
Parts IV, V, and VI Page 3 of 6
Permit No. NCGO80000
19. Permittee
The owner or operator issued a certificate of coverage pursuant to this general permit.
20. 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.
21. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72
hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm
event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2
hours without producing any collectable discharge, and then stops, a sample may be collected if a
rain producing a discharge begins again within the next 10 hours.
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 DWQ may grant representative
outfall status. Representative outfall status allows the permittee to perform analytical
monitoring at a reduced number of outfalls.
23. Rinse Water Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial
activity. Rinse waters from vehicle and equipment cleaning areas are process
wastewaters and do not include washwaters utilizing any type of detergent or cleaning
agent.
24. Secondary Containment
Spill containment for the contents of the single largest tank within the containment
structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event.
25. 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 Ul 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 Ill,
Section 313 reporting requirements; and
Parts 1V, V, and VI Page 4 of 6
Permit No. NCGO80000
C. That meet at least one of the following criteria:
(1) Is listed in appendix D of 40 CFR part 122 on either Table ll (organic
priority pollutants), Table III (certain metals, cyanides, and phenols) or
Table IV (certain toxic pollutants and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the
CWA at 40 CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality
criteria.
26. Severe Property Damage
Means substantial physical damage to property, damage to the control facilities which
causes them to become inoperable, or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass. Severe property
damage does not mean economic loss caused by delays in production.
27. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents,
and plastic pellets; finished materials such as metallic products; raw materials used in
food processing or production; hazardous substances designated under section 101(14) of
CERCLA; any chemical the facility is required to report pursuant to section 313 of Title
III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that
have the potential to be released with stormwater discharges.
28. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of
reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110. 10 and
CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4).
29, Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
30. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying
Stormwater and which is directly related to manufacturing, processing or raw material
storage areas at an industrial site. Facilities considered to be engaged in "industrial
activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not
include discharges from facilities or activities excluded from the NPDES program.
Parts IV, V, and VI Page 5 of 6
Permit No. NCGO80000
31. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce
stormwater pollution and is based on an evaluation of the pollution potential of the site.
32. Ten Year Design Storm
The maximum 24 hour precipitation event expected to be equaled or exceeded on the
average once in ten years. Design storm information can be found in the State of North
Carolina Erosion and Sediment Control Planning and Design Manual.
33. Total Flow
The flow corresponding to the time period over which the entire storm event occurs.
Total flow shall be either; (a) measured continuously, (b) calculated based on the amount
of area draining to the outfall, the amount of built -upon (impervious) area, and the total
amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals
during the rainfall event.
34. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
35. Upset
Means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors
beyond the reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment
or control facilities, inadequate treatment or control facilities, lack of preventive
maintenance, or careless or improper operation.
36. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning
operations, or airport deicing operations.
37. 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.
38. 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.
Parts IV, V, and V1 Page 6 of 6
APPENDIX C-1;
SEMI-ANNUAL STORM WATER MANAGEMENT SYSTEM INSPECTION
REPORT
SEMI-ANNUAL STORM WATER MANAGEMENT SYSTEM
INSPECTION REPORT
ACTION
SYSTEM
COMPONENTS
REQUIRED
COMMENTS
?(YIN)
Operating
Forklift and Grove Crane
Equipment
Other Site Equipment
Erosion and
Storm Water Grates
Sedimentation
Control
Outfalls
Facilities
Sediment Basins
Safety/Security
Gate (Access)
Devices
Perimeter Fence
Fire Extinguishers
First Aid Kits
Spill Kits
Communications
Items Subject
T1-2,750,000 Gallon Ethanol
to Spills
Tank
T2-2,750,000 Gallon Ethanol
Tank
T5 — 200,000 Gallon Liquid
Asphalt Binder Tank
T6 — 20,000 Gallon Liquid
Asphalt Binder Tank
T7 — 30,000 Gallon Liquid
Asphalt Binder Tank
T8 — 140,000 Gallon Liquid
Asphalt Binder Tank
T9— 10,000 Gallon Liquid
Asphalt Binder Tank
T10— 10,000 Gallon Diesel
Tank
Ti I — 8,000 Gallon Additive
Tank
T 12 — 30,000 Gallon Liquid
As halt Binder Tank
T 13 — 30,000 Gallon Liquid
Asphalt Binder Tank
T 14 — 30,000 Gallon Liquid
Asphalt Binder Tank
Parking Area
Inspector: Date of Inspection.
a�
7-A
NCDENR
Stormwater Discharge Outfall (SDO)
Qualitative Monitoring Report
For guidance on filling out this form, please visit: http://potial.ncdenr.orp-/web/wq/ws/su/npdessw#tab-4
Permit No.: NICI-1 I
Facility Name:
County:
Inspector:
Date of Inspection:
Time of Inspection:
Total Event Precipitation (inches):
or Certificate of Coverage No.: N/C/G/ l l_I_h1-1
No.
Was this a Representative Storm Event? (See information below) ❑ Yes ❑ No
Please check your permit to verify, if Qualitative Monitoring mast he performed during a representative
storm event (requirements vary).
A "Representative Storm Event" is a storm event that measures greater than 0.1 inches of rainfall and that
is preceded by at least 72 hours (3 days) in which no storm event measuring greater than 0.1 inches has
occurred. A single storm event may contain up to 10 consecutive hours of no precipitation.
By this signature, I certify that this report is accurate and complete to the best of my knowledge:
(Signature of Permittee or Designee)
1. Outfall Description:
Outfall No. Structure (pipe, ditch, etc.)
Receiving Stream:
Describe the industrial activities that occur within the outfall drainage area:
2. Color: Describe the color of the discharge using basic colors (red, brown, blue, etc.) and tint
(light, medium, dark) as descriptors:
3. Odor: Describe any distinct odors that the discharge may have (i.e., smells strongly of oil, weak
chlorine odor, etc.):
Page 1 of 2
S WU-242-20120613
4. Clarity: Choose the number which best describes the clarity of the discharge, where 1 is clear
and 5 is very cloudy:
1 2 3 4 5
5. Floating Solids: Choose the number which best describes the amount of floating solids in the
stormwater discharge, where 1 is no solids and 5 is the surface covered with floating solids:
1 2 3 4 5
6. Suspended Solids: Choose the number which best describes the amount of suspended solids in
the stormwater discharge, where I is no solids and 5 is extremely muddy:
1 2 3 4 5
7. Is there any foam in the stormwater discharge? Yes No
S. Is there an oil sheen in the stormwater discharge? Yes No
9. is there evidence of erosion or deposition at the outfall? Yes No
lil. Other Obvious Indicators of Stormwater Pollution:
List and describe
Note: Low clarity, high solids, and/or the presence of foam, oil sheen, or erosion/deposition may
be indicative of pollutant exposure. These conditions warrant further investigation.
Page 2 42
SWU-242-20120613
Stormwater Discharge Outfall (SDO)
Qualitative Monitoring Report Supplement SWU-242A:
Guidance for Rating Stormwater Discharge
This supplement is intended only as a guide for rating visually observed parameters on a scale of
1-5. The inspector should use best professional judgment when characterizing the quality of
stormwater discharge. Also, the pictures included here do not necessarily show stormwater
discharges but serve to illustrate the characteristics described.
Clarity
(l is clear, and 5 is very opaque or cloudy)
1 3
Floating Solids
(l is no solids, and 5 is the surface covered
with floating solids or significant trash/debris)
1 3
Page 1 of 10
5
5
sw[I-242n-061808
1
Tannic Water
Suspended Solids
(1 is no solids, and S is extremely muddy or clouded with other particles)
ki
5
Water naturally high in tannins in the eastern part of North Carolina may still have low amounts
of suspended solids and high clarity but not appear "clear" because of coloration. The examples
below will help rate discharges that must be observed in tannic waters.
Clear tannic water may look like tea or coffee, but waters that look more "milky" or like
"chocolate milk" have less clarity and higher suspended solids.
Suspended Solids / Clarity in waterbodies naturally high in tannins
1/1 313
Page 2 of 10
515
SWET-242A-061808
Example 1
1. Outran Description: Example 1 of 4
Outfall No. 001 Structure (pipe, ditch, etc.) Pipe
Receiving Stream:
Describe the industrial activities that occur within the outfall drainage area:
2. Color: Describe the color of the discharge using basic colors (red, brown, blue, etc.) and tint
(light, medium, dark) as descriptors: light brown
3. Odor: Describe any distinct odors that the discharge may have (i.e., smells strongly of oil, weak
chlorine odor, etc.): none
4. Clarity: Choose the number which best describes the clarity of the discharge, where 1 is clear
and 5 is very cloudy:
1 � 3 4 5
5. Floating Solids: Choose the number which best describes the amount of floating solids in the
stormwater discharge, where 1 is no solids and 5 is the surface covered with floating solids:
2 3 0 5
5. Suspended Solids: Choose the number which best describes the amount of suspended solids in
the stormwater discharge, where l is no solids and 5 is extremely muddy:
2 O 4 5
Page 3 of 10
swv-242a-06INs
Example 1 of 4, cont.
Possibly small amount of
7. Is there any foam in the stormwater discharge?
Yes No
foam near pipe outlet.
8. Is there an oil sheen in the stormwater discharge?
Yes Nc�
9. Is there evidence of erosion or deposition at the outfail?
No
S
Deposition of sand to the
right of pipe outlet.
10. Other Obvious Indicators of Stormwater Pollution:
List and describe NIA
Page 4 of 10
SWU-242A-061808
Example 2
1. Outfall Description: Example 2 of 4
OutfalI No. 001 Structure (pipe, ditch, etc.) Ditch
Receiving Stream:
Describe the industrial activities that occur within the outfall drainage area:
2. Color: Describe the color of the discharge using basic colors (red, brown, blue, etc.) and tint
(light, medium, dark) as descriptors: medium gray -green
3. Odor: Describe any distinct odors that the discharge may have (i.e., smells strongly of oil, weak
chlorine odor, etc.): none
4. Clarity: Choose the number which best describes the clarity of the discharge, where I is clear
and 5 is very cloudy: Note in lower right corner of picture, leaf
1 0 3 4 5 shadow is visible on the bottom of outlet.
Clarity decreases beyond outlet.
5. Floating Solids: Choose the number which best describes the amount of floating solids in the
stormwater discharge, where 1 is no solids and 5 is the surface covered with floating solids:
1 0 3 4 5 Floating solids observed here are mostly
tree debris that fell in after discharge.
6. Suspended Solids: Choose the number which best describes the amount of suspended solids in
the stormwater discharge, where 1 is no solids and 5 is extremely muddy:
Solids have settled out near outfall and are
1 O 3 4 5 more "dissolved" out in the water near the
top of the picture (where water appears
more gray). At the outlet, there are not any
swirls, clouds, or suspended particles.
Page 5 of 10
S WU-242A-0b 1808
Example 2 of 4, cont.
7. Is there any foam in the stormwater discharge? Yes Iv u
8. Is there an oil sheen in the stormwater discharge? Yes No
9. is there evidence of erosion or deposition at the outfall? Yes No
10. Other Obvious Indicators of Stormwater Pollution:
List and describe Some displacement of gravel and sediment observed at the outfall. Also, lots of solids
that have settled. The water becomes more turbid/cloudy beyond the outfall (i.e., clarity decreases).
Evidence of excessive solids beina carried into receiving water.
This example illustrates how additional information in number 10. can be
important to characterizing stormwater discharge impacts.
Page 6 of 10
SWU-242A-061&18
Example 3
1. Outfali Description: Example 3 of 4
Outfall No. 001 Structure (pipe, ditch, etc.) Pipe
Receiving Stream:
Describe the industrial activities that occur within the outfall drainage area:
2. Color: Describe the color of the discharge using basic colors (red, brown, blue, etc.) and tint
(light, medium, dark) as descriptors: mediumbrown/tan
3. Odor: Describe any distinct odors that the discharge may have (i.e., smells strongly of oil, weak
chlorine odor, etc.): oily smell
4. Clarity: Choose the number which best describes the clarity of the discharge, where I is clear
and 5 is very cloudy:
l 2 3 0 5
5. Floating Solids: Choose the number which best describes the amount of floating solids in the
stormwater discharge, where 1 is no solids and 5 is the surface covered with floating solids:
1 2 3 5 Rating based on amount of scum/oil
covering surface, not tree debris.
6. Suspended Solids: Choose the number which best describes the amount of suspended solids in
the stormwater discharge, where I is no solids and 5 is extremely muddy:
1 2 0 4 5
Page 7 of 10
5wU-242n-061808
Example 3 of 4, cont.
7. Is there any foam in the stormwater discharge? Yes No
8. Is there an oil sheen in the stormwater discharge? Yes No
9. Is there evidence of erosion or deposition at the outfall? Yes No
10. Other Obvious Indicators of Stormwater Pollution:
List and describe Oil and scummy substance floating on top. Dead duck found.
!►
Page 8 of 10
sWU-242A-061808
Example 4
1. OutfaH Description: Example 4 of 4
Outfall No. 001 Structure (pipe, ditch, etc.) _ _ Pipe
Receiving Stream:
Describe the industrial activities that occur within the outfall drainage area:
2. Color: Describe the color of the discharge using basic colors (red, brown, blue, etc.) and tint
(light, medium, dark) as descriptors: clear
3. Odor: Describe any distinct odors that the discharge may have (i.e., smells strongly of oil, weak
chlorine odor, etc.): none
4. Clarity: Choose the number which best describes the clarity of the discharge, where l is clear
and 5 is very cloudy:
0 2 3 4 5
5. Floating Solids: Choose the number which best describes the amount of floating solids in the
stormwater discharge, where I is no solids and 5 is the surface covered with floating solids:
G 2 3 4 5
6. Suspended Solids: Choose the number which best describes the amount of suspended solids in
the stormwater discharge, where 1 is no solids and 5 is extremely muddy:
0 2 3 4 5
Page 9 of 10
5WU-242A-061808
Example 4 of 4, cont.
7. is there any foam in the stormwater discharge? Yes No
8. is there an oil sheen in the stormwater discharge? Yes No
9. is there evidence of erosion or deposition at the outfali? Yes No
10. Other Obvious Indicators of Stormwater Pollution:
List and describe NIA
Page 10 of 10
S W U-242A-061808
APPENDIX D:
TRAINING ATTENDANCE LOG
Briefings will be scheduled and conducted by the General Manager or his/her designee (Site Manager)
for operating personnel at regular intervals to ensure adequate understanding of this SWPPP Plan. The
briefings will also highlight and describe known discharge events or failures, maiInctioning
components, and recently implemented precautionary measures and best practices. Personnel will also
be instructed in operation and maintenance of equipment to prevent the discharge of oil, and in
applicable pollution laws, rules, and regulations. Facility operators and other personnel will have an
opportunity during the briefings to share recommendations concerning health, safety, and environmental
issues encountered during facility operations.
TRAINING ATTENDANCE LOG
Date Subjects Covered Employees in Attendance Instructor(s)
CERTIFICATION OF THE EVALUATION OF OUTFALLS FOR
NON -STORM WATER DISCHARGES
J.T. Russell & Sons Healing Springs Facility
18846 NC Highway 8
Denton, North Carolina 27239
I certify that I have evaluated the storm water discharge of the facility and determined there is no
presence of non -storm water discharges. The method used for evaluating the discharge was a visual
inspection of discharge patterns and inspection of drainage reaps and schematics, and analytical testing.
The storm water discharge review was conducted on 7 - UP - tg- . The on -site drainage points
observed during the test included Outfalls 1 - 4
I f
Signature
Title
Date
APPENDIX F:
STORMWATER POLLUTION PREVENTION COMMITTEE MEMBERS AND
ASSIGNED RESPONSIBILITIES
STORM WATER POLLUTION PREVENTION COMMITTEE
MEMBERS AND ASSIGNED RESPONSIBILITIES
TABLE l
TELEPHONE NUMBERS
NAME
POSITION
MOBILE
Office
Paul Myers
General Manager
(704)244-6554
(336)859-0902
Chuck Workman
Safety Coordinator
(704) 961-7933
(336)859-0902
TABLE 2
GENERAL MANAGER
SAFETY COORDINATOR
RESPONSIBILITY
primaryalternate
_____Lnmary
alternate
Assign resources and
X
X
manpower to the Committee
Conduct materials inventory
X
X
Identify potential spill
X
X
sources
Establish spill reporting
X
X
procedures
Prepare visual inspection
x
X
program
Review past incidents of
X
X
spills
Coordinate departments in
implementing goals of the
X
X
Plan
Establish employee training
X
X
programs
Review and update the Plan
X
X
Conduct meetings regarding
X
X
the Plan
Review new construction or
process changes relative to
X
X
spillprevention/control
SPRP Implementation
X
X
Electronic — Code of Federal Regulations
Data is current as of July 26, 2012
§40CFR112.2
Adverse weather means weather conditions that make it difficult for response equipment and
personnel to clean up or remove spilled oil, and that must be considered when identifying
response systems and equipment in a response plan for the applicable operating environment.
Factors to consider include significant wave height as specified in appendix E to this part (as
appropriate), ice conditions, temperatures, weather -related visibility, and currents within the area
in which the systems or equipment is intended to function.
Alteration means any work on a container involving cutting, burning, welding, or heating
operations that changes the physical dimensions or configuration of the container_
Animal fat means a non -petroleum oil, fat, or grease of animal, fish, or marine mammal origin.
Breakout tank means a container used to relieve surges in an oil pipeline system or to receive and
store oil transported by a pipeline for reinjection and continued transportation by pipeline.
Bulk storage container means any container used to store oil. These containers are used for
purposes including, but not limited to, the storage of oil prior to use, while being used, or prior to
further distribution in commerce. Oil -filled electrical, operating, or manufacturing equipment is
not a bulk storage container.
Bunkered tank means a container constructed or placed in the ground by cutting the earth and re-
covering the container in a manner that breaks the surrounding natural grade, or that lies above
grade, and is covered with earth, sand, gravel, asphalt, or other material. A bunkered tank is
considered an aboveground storage container for purposes of this part.
Completely buried tank means any container completely below grade and covered with earth,
sand, gravel, asphalt, or other material. Containers in vaults, bunkered tanks, or partially buried
tanks are considered aboveground storage containers for purposes of this part.
Complex means a facility possessing a combination of transportation -related and non -
transportation -related components that is subject to the jurisdiction of more than one Federal
agency under section 3110) of the CWA.
Contiguous zone means the zone established by the United States under Article 24 of the
Convention of the Territorial Sea and Contiguous Zone, that is contiguous to the territorial sea
and that extends nine miles seaward from the outer limit of the territorial area.
Contract or other approved means means:
(1) A written contractual agreement with an oil spill removal organization that identifies and
ensures the availability of the necessary personnel and equipment within appropriate response
times; and/or
(2) A written certification by the owner or operator that the necessary personnel and equipment
resources, owned or operated by the facility owner or operator, are available to respond to a
discharge within appropriate response times; and/or
(3) Active membership in a local or regional oil spill removal organization that has identified and
ensures adequate access through such membership to necessary personnel and equipment to
respond to a discharge within appropriate response times in the specified geographic area; and/or
(4) Any other specific arrangement approved by the Regional Administrator upon request of the
owner or operator.
Discharge includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting,
emptying, or dumping of oil, but excludes discharges in compliance with a permit under section
402 of the CWA; discharges resulting from circumstances identified, reviewed, and made a part
of the public record with respect to a permit issued or modified under section 402 of the CWA,
and subject to a condition in such permit; or continuous or anticipated intermittent discharges
from a point source, identified in a permit or permit application under section 402 of the CWA,
that are caused by events occurring within the scope of relevant operating or treatment systems.
For purposes of this part, the term discharge shall not include any discharge of oil that is
authorized by a permit issued under section 13 of the River and Harbor Act of 1899 (33 U.S.C.
407).
Facility means any mobile or fixed, onshore or offshore building, property, parcel, lease,
structure, installation, equipment, pipe, or pipeline (other than a vessel or a public vessel) used in
oil well drilling operations, oil production, oil refining, oil storage, oil gathering, oil processing,
oil transfer, oil distribution, and oil waste treatment, or in which oil is used, as described in
appendix A to this part. The boundaries of a facility depend on several site -specific factors,
including but not limited to, the ownership or operation of buildings, structures, and equipment
on the same site and types of activity at the site. Contiguous or non-contiguous buildings,
properties, parcels, leases, structures, installations, pipes, or pipelines under the ownership or
operation of the same person may be considered separate facilities. Only this definition governs
whether a facility is subject to this part.
Farm means a facility on a tract of land devoted to the production of crops or raising of animals,
including fish, which produced and sold, or normally would have produced and sold, $1,000 or
more of agricultural products during a year.
Fish and wildlife and sensitive environments means areas that may be identified by their legal
designation or by evaluations of Area Committees (for planning) or members of the Federal On -
Scene Coordinator's spill response structure (during responses). These areas may include
wetlands, National and State parks, critical habitats for endangered or threatened species,
wilderness and natural resource areas, marine sanctuaries and estuarine reserves, conservation
areas, preserves, wildlife areas, wildlife refuges, wild and scenic rivers, recreational areas,
national forests, Federal and State lands that are research national areas, heritage program areas,
land trust areas, and historical and archaeological sites and parks. These areas may also include
unique habitats such as aquaculture sites and agricultural surface water intakes, bird nesting
areas, critical biological resource areas, designated migratory routes, and designated seasonal
habitats.
Injury means a measurable adverse change, either long- or short-term, in the chemical or
physical quality or the viability of a natural resource resulting either directly or indirectly from
exposure to a discharge, or exposure to a product of reactions resulting from a discharge.
Loading/unloading rack means a fixed structure (such as a platform, gangway) necessary for
loading or unloading a tank truck or tank car, which is located at a facility subject to the
requirements of this part. A loading/unloading rack includes a loading or unloading arm, and
may include any combination of the following: piping assemblages, valves, pumps, shut-off
devices, overfill sensors, or personnel safety devices.
Maximum extent practicable means within the limitations used to determine oil spill planning
resources and response times for on -water recovery, shoreline protection, and cleanup for worst
case discharges from onshore non -transportation -related facilities in adverse weather. It includes
the planned capability to respond to a worst case discharge in adverse weather, as contained in a
response plan that meets the requirements in §l 12.20 or in a specific plan approved by the
Regional Administrator.
Mobile refueler means a bulk storage container onboard a vehicle or towed, that is designed or
used solely to store and transport fuel for transfer into or from an aircraft, motor vehicle,
locomotive, vessel, ground service equipment, or other oil storage container.
Motive power container means any onboard bulk storage container used primarily to power the
movement of a motor vehicle, or ancillary onboard oil -filled operational equipment. An onboard
bulk storage container which is used to store or transfer oil for further distribution is not a motive
power container. The definition of motive power container does not include oil drilling or
workover equipment, including rigs.
Navigable waters of the United States means "navigable waters" as defined in section 502(7) of
the FWPCA, and includes:
(1) All navigable waters of the United States, as defined in judicial decisions prior to passage of
the 1972 Amendments to the FWPCA (Pub. L. 92-500), and tributaries of such waters;
(2) Interstate waters;
(3) Intrastate lakes, rivers, and streams which are utilized by interstate travelers for recreational
or other purposes; and
(4) Intrastate lakes, rivers, and streams from which fish or shellfish are taken and sold in
interstate commerce.
Non petroleum oil means oil of any kind that is not petroleum -based, including but not limited
to: Fats, oils, and greases of animal, fish, or marine mammal origin; and vegetable oils, including
oils from seeds, nuts, fruits; and kernels.
Offshore facility means any facility of any kind (other than a vessel or public vessel) located in,
on, or under any of the navigable waters of the United States, and any facility of any kind that is
subject to the jurisdiction of the United States and is located in, on, or under any other waters.
Oil means oil of any kind or in any form, including, but not limited to: fats, oils, or greases of
animal, fish, or marine mammal origin; vegetable oils, including oils from seeds, nuts, fruits, or
kernels; and, other oils and greases, including petroleum, fuel oil, sludge, synthetic oils, mineral
oils, oil refuse, or oil mixed with wastes other than dredged spoil.
Oil -filled operational equipment means equipment that includes an oil storage container (or
multiple containers) in which the oil is present solely to support the function of the apparatus or
the device. Oil -filled operational equipment is not considered a bulk storage container, and does
not include oil -filled manufacturing equipment (flow -through process). Examples of oil -filled
operational equipment include, but are not limited to, hydraulic systems, lubricating systems
e.g. , those for pumps, compressors and other rotating equipment, including pumpjack
lubrication systems), gear boxes, machining coolant systems, heat transfer systems, transformers,
circuit breakers, electrical switches, and other systems containing oil solely to enable the
operation of the device.
Oil Spill Removal Organization means an entity that provides oil spill response resources, and
includes any for -profit or not -for -profit contractor, cooperative, or in-house response resources
that have been established in a geographic area to provide required response resources.
Onshore facility means any facility of any kind located in, on, or under any land within the
United States, other than submerged lands.
Owner or operator means any person owning or operating an onshore facility or an offshore
facility, and in the case of any abandoned offshore facility, the person who owned or operated or
maintained the facility immediately prior to such abandonment.
Partially buried tank means a storage container that is partially inserted or constructed in the
ground, but not entirely below grade, and not completely covered with earth, sand, gravel,
asphalt, or other material. A partially buried tank is considered an aboveground storage container
for purposes of this part.
Permanently closed means any container or facility for which:
(1) All liquid and sludge has been removed from each container and connecting line; and
(2) All connecting lines and piping have been disconnected from the container and blanked of£
all valves (except for ventilation valves) have been closed and locked, and conspicuous signs
have been posted on each container stating that it is a permanently closed container and noting
the date of closure.
Person includes an individual, firm, corporation, association, or partnership.
Petroleum oil means petroleum in any form, including but not limited to crude oil, fuel oil,
mineral oil, sludge, oil refuse, and refined products.
Produced water container means a storage container at an oil production facility used to store
the produced water after initial oil/water separation, and prior to reinjection, beneficial reuse,
discharge, or transfer for disposal.
Production facility means all structures (including but not limited to wells, platforms, or storage
facilities), piping {including but not li���ited to flowlines or irtra-facility gathering lines), or
equipment (including but not limited to workover equipment, separation equipment, or auxiliary
non -transportation -related equipment) used in the production, extraction, recovery, lifting,
stabilization, separation or treating of oil (including condensate), or associated storage or
measurement, and is located in an oil or gas field, at a facility. This definition governs whether
such structures, piping, or equipment are subject to a specific section of this part.
Regional Administrator means the Regional Administrator of the Environmental Protection
Agency, in and for the Region in which the facility is located.
Repair means any work necessary to maintain or restore a container to a condition suitable for
safe operation, other than that necessary for ordinary, day-to-day maintenance to maintain the
functional integrity of the container and that does not weaken the container.
Spill Prevention, Control, and Countermeasure Plan; SPCC Plan, or Plan means the document
required by § 112.3 that details the equipment, workforce, procedures, and steps to prevent,
control, and provide adequate countermeasures to a discharge.
Storage capacity of a container means the shell capacity of the container.
Transportation -related and non -transportation -related, as applied to an onshore or offshore
facility, are defined in the Memorandum of Understanding between the Secretary of
Transportation and the Administrator of the Environmental Protection Agency, dated November
24, 1971, (appendix A of this part).
United States means the States, the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the U.S. Virgin
Islands, and the Pacific Island Governments.
Vegetable oil means a non -petroleum oil or fat of vegetable origin, including but not limited to
oils and fats derived from plant seeds, nuts, fruits, and kernels.
Vessel means every description of watercraft or other artificial contrivance used, or capable of
being used, as a means of transportation on water, other than a public vessel.
Wetlands means those areas that are inundated or saturated by surface or groundwater at a
frequency or duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include playa lakes, swamps, marshes, bogs, and similar areas such as sloughs, prairie
potholes, wet meadows, prairie river overflows, mudflats, and natural ponds.
Worst case discharge for an onshore non -transportation -related facility means the largest
foreseeable discharge in adverse weather conditions as determined using the worksheets in
appendix D to this part.
[67 FR 47140, July 17, 2002, as amended at 71 FR 77290, Dec. 26, 2006; 73 FR 71943, Nov. 26,
2008; 73 FR 74300, Dec. 5, 2008]
MATERIALS SUBJECT TO FEDERAL REPORTING
At the time this Plan was prepared, the following materials used at the JTR site were subject to Federal
reporting. Addition of other materials and/or chemicals to the site will require investigation into whether
they must be included on this list. A database of these types of materials can be found on the internet at:
http://www:epa.gov/tri/trichemicals/reg requirements/list_of lists revised 7 26 2011.pdf
PETROLEUM -BASED MATERIALS
Per 40 CFR 1 12.2, the tern oil means oil of any kind or in any form, including, but not limited to: fats,
oils, or greases of animal, fish, or marine mammal origin; vegetable oils, including oils from seeds, nuts,
fruits, or kernels; and, other oils and greases, including petroleum, fuel oil, sludge, synthetic oils, mineral
oils, oil refuse, or oil mixed with wastes other than dredged spoil. Therefore, oil includes hydraulic fluid,
transmission fluid, motor oil, diesel/gasoline, gear box lube and grease.
Per 40 CFR 1 10.3, the discharge of oil in such quantities as "may be harmful" include discharges of oil
that:
(a) Violate applicable water quality standards; or
(b) Cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines
or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining
shorelines.
Any release of this kind must be reported per 40 CFR l 10.6 (see Appendix J).
*NOTE: In addition to the preceding discussion of federal reporting requirements, Article 21A of the
North Carolina General Statute NCGS 143-215.94A requires that:
A person who owns or has control over petroleum that is discharged into the environment shall
immediately take measures to collect and remove the discharge, report the discharge to the Department
(Department of Environment and Natural Resources) within 24 hours of the discharge, and begin to
restore the area affected by the discharge in accordance with the requirements of this Article (21A) if the
volume of the petroleum that is discharged is 25 gallons or more or if the petroleum causes a sheen on
nearby surface water or if the petroleum is discharged at a distance of 100 feet or less from any surface
water body. If the volume of petroleum that is discharged is less than 25 gallons, the petroleum does not
cause a sheen on nearby surface water, and the petroleum is discharged at a distance of more than 100 feet
from all surface water bodies, the person who owns or has control over the petroleum shall immediately
take measures to collect and remove the discharge. If a discharge of less than 25 gallons of petroleum
cannot be cleaned up within 24 hours of the discharge or if the discharge causes a sheen on nearby surface
water, the person who owns or has control over the petroleum shall immediately notify the Department.
Full text of this General Statute can be found on the North Carolina General Assembly web site at:
http://w_ww.ncga.state.nc.us/EnactedLegisiation/Statutes[HTML/BvChapter/Chanter 143.html
EMERGENCY CONTACT INFORMATION
AGENCY
TELEPHONE NUMBER
LOCAL EMERGENCY REPSONSE
Fire Department
911
Randolph Hospital
911 or (336) 625-5151
Regional Response Team
911
EMRGENCY RESPONSE / CLEANUP CONTRACTORS
A&D Environmental and Industrial Service
(757) 543-9240
NOTIFICATION
NCDENR
(800) 858-0368
Nation Spill Response
(800) 424-8802
U.S. EPA Region IV
(800) 241-1754
APPENDIX I:
EXCERPTS FROM THE CODE OF FEDERAL REGULATIONS (CFR)
- 40 CFR 110 — Discharge of Oil
- 40 CFR 112 —Oil Pollution Prevention
Electronic — Code of Federal Regulations
Data is current as of July 26, 2012
Title 40: Protection of Environment
PART 110—DISCHARGE OF OIL
Authority: 33 U.S.C. 1321(b)(3) and (b)(4) and 1361(a); E.Q. 11735, 38 FR 21243, 3 CFR Parts 1971-
1975 Comp., p. 793.
Source: 52 FR 10719, Apr. 2, 1987, unless otherwise noted.
§ 110.1 Definitions.
§ 110.2 Applicability.
The regulations of this part apply to the discharge of oil prohibited by section 311(6)(3) of the Act.
[61 FR 7421, Feb. 28, 19961
§ 110.3 Discharge of oil in such quantities as "may be harmful" pursuant to section 31l(b)(4) of
the Act.
For purposes of section 311(b)(4) of the Act, discharges of oil in such quantities that the Administrator
has determined may be harmful to the public health or welfare or the environment of the United States
include discharges of oil that:
(a) Violate applicable water quality standards; or
(b) Cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines or
cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.
[61 FR 7421, Feb. 28, 1996]
§ 110.4 Dispersants.
Addition of dispersants or emulsifiers to oil to be discharged that would circumvent the
provisions of this part is prohibited.
[52 FR 10719, Apr. 2, 1987. Redesignated at 61 FR 7421, Feb. 28, 1996]
§ 110.5 Discharges of oil not determined "as may be harmful" pursuant to Section 31 l(b)(3) of the
Act.
Notwithstanding any other provisions of this part, the Administrator has not determined the following
discharges of oil "as may be harmful" for purposes ofsection 311(b) of the Act:
(a) Discharges of oil from a properly functioning vessel engine (including an engine on a public vessel)
and any discharges of such oil accumulated in the bilges of a vessel discharged in compliance with
MARPOL 73/78, Annex 1, as provided in 33 CFR part 151, subpart A;
(b) Other discharges of oil permitted under MARPOL 73/78, Annex 1, as provided in 33 CFR part 151,
subpart A. and
(c) Any discharge of oil explicitly permitted by the Administrator in connection with research,
demonstration projects, or studies relating to the prevention, control, or abatement of oil pollution.
(61 FR 742 ],Feb. 28, 1996]
§ 110.6 Notice.
Any person in charge of a vessel or of an onshore or offshore facility shall, as soon as he or she has
knowledge of any discharge of oil from such vessel or facility in violation of section 311(b)(3) of the Act,
immediately notify the National Response Center (NRC) (800-424-8802; in the Washington, DC
metropolitan area, 202-426 2675). If direct reporting to the NRC is not practicable, reports may be made
to the Coast Guard or EPA predesignated On -Scene Coordinator (OSC) for the geographic area where the
discharge occurs. All such reports shall be promptly relayed to the NRC. If it is not possible to notify the
NRC or the predesignated OCS immediately, reports may be made immediately to the nearest Coast
Guard unit, provided that the person in charge of the vessel or onshore or offshore facility notifies the
NRC as soon as possible. The reports shall be made in accordance with such procedures as the Secretary
of Transportation may prescribe. The procedures for such notice are set forth in U.S. Coast Guard
regulations, 33 CFR part 153, subpart B and in the National Oil and Hazardous Substances Pollution
Contingency Plan, 40 CFR pars 300, subpart E.
(Approved by the Office of Management and Budget under control number 2050-0046)
[52 FR 10719, Apr. 2, 1987. Redesignated and amended at 61 FR 7421, Feb. 28, 1996; 61 FR 14032,
Mar. 29, 1996]
http://ecfr.g poaccess. gov/cgUt/text/text-
idx?c=ecfr&sid=53e3c506be7b9222c4b8ad3ec643dff2&rgn=div5&view=text&node=40%3A21.0.1.1
.6& id no=40
Electronic — Code of Federal Regulations
Data is current as of July 26, 2012
Title 40: Protection of Environment
PART 112—OIL POLLUTION PREVENTION
Authority: 33 U.S.C. 1251 e! seg. ; 33 U.S.C. 2720; E.O. 12777 (October 18, 1991), 3 CFR, 1991
Comp., p. 351.
Source: 38 FR 34165, Dec. 11, 1973, unless otherwise noted.
Editorial Note: Nomenclature changes to part 112 appear at 65 FR 40798, June 30, 2000.
Subpart A —Applicability, Definitions, and General Requirements for All Facilities and All Types
of Oils
Source: 67 FR 47140, July 17, 2002, unless otherwise noted.
§ 112.1 General applicability.
§ 112.2 Definitions.
§ 112.3 Requirement to prepare and implement a Spill Prevention, Control, and Countermeasure
Plan.
§ 112.4 Amendment of Spill Prevention, Control, and Countermeasure Plan by Regional
Administrator.
§ 112.5 Amendment of Spill Prevention, Control, and Countermeasure Plan by owners or
operators.
§ 112.6 Qualified Facility Plan Requirements.
§ 112.7 General requirements for Spill Prevention, Control, and Countermeasure Plans.
If you are the owner or operator of a facility subject to this part you must prepare a Plan in accordance
with good engineering practices. The Plan must have the full approval of management at a level of
authority to commit the necessary resources to fully implement the Plan. You must prepare the Plan in
writing. If you do not follow the sequence specified in this section for the Plan, you must prepare an
equivalent Plan acceptable to the Regional Administrator that meets all of the applicable requirements
listed in this part, and you must supplement it with a section cross-referencing the location of
requirements listed in this part and the equivalent requirements in the other prevention plan. If the Plan
calls for additional facilities or procedures, methods, or equipment not yet fully operational, you must
discuss these items in separate paragraphs, and must explain separately the details of installation and
operational start-up. As detailed elsewhere in this section, you must also:
(a)(1) Include a discussion of your facility's conformance with the requirements listed in this part.
(2) Comply with all applicable requirements listed in this part. Except as provided in §112.6, your Plan
may deviate from the requirements in paragraphs (g), (h)(2) and (3), and (i) of this section and the
requirements in subparts B and C of this part, except the secondary containment requirements in
paragraphs (c) and (h)(1) of this section, and §§ 1 12.8(c)(2), 112.8(c)(1 l ), 112.9(c)(2), l 12.10(c),
112.12(c)(2), and 112.12(c)(11), where applicable to a specific facility, if you provide equivalent
environmental protection by some other means of spill prevention, control, or countermeasure. Where
your Plan does not conform to the applicable requirements in paragraphs (g), (h)(2) and (3), and (i) of this
section; or the requirements of subparts B and C of this part, except the secondary containment
requirements in paragraph (c) and (h)(1) of this section, and §§ 1 12.8(c)(2), 1 12.8(c)(1 1), 1 12.9(c)(2),
1 12.10(c), 1 12. 12(c)(2), and 112.12(c)(1 1), you must state the reasons for nonconformance in your Plan
and describe in detail alternate methods and how you will achieve equivalent environmental protection. If
the Regional Administrator determines that the measures described in your Plan do not provide equivalent
environmental protection, he may require that you amend your Plan, following the procedures in
§ 1 12.4(d) and (e).
(3) Describe in your Plan the physical layout of the facility and include a facility diagram, which must
mark the location and contents of each container. The facility diagram must include completely buried
tanks that are otherwise exempted from the requirements of this part under §112.1(d)(4). The facility
diagram must also include ail transfer stations and connecting pipes. You must also address in your Plan:
(i) The type of oil in each container and its storage capacity:
(ii) Discharge prevention measures including procedures for routine handling of products (loading,
unloading, and facility transfers, etc.);
(iii) Discharge or drainage controls such as secondary containment around containers and other structures,
equipment, and procedures for the control of a discharge;
(iv) Countermeasures for discharge discovery, response, and cleanup (both the facility's capability and
those that might be required of a contractor);
(v) Methods of disposal of recovered materials in accordance with applicable legal requirements; and
(vi) Contact list and phone numbers for the facility response coordinator, National Response Center,
cleanup contractors with whom you have an agreement for response, and all appropriate Federal, State,
and local agencies who must be contacted in case of discharge as described in §1 12.1(b).
(4) Unless you have submitted a response plan under § 1 12.20, provide information and procedures in
your Plan to enable a person reporting a discharge as described in §112.1(b) to relate information on the
exact address or location and phone number of the facility; the date and time of the discharge, the type of
material discharged; estimates of the total quantity discharged; estimates of the quantity discharged as
described in § 1 12.1(b); the source of the discharge; a description of all affected media; the cause of the
discharge; any damages or injuries caused by the discharge; actions being used to stop, remove, and
mitigate the effects of the discharge; whether an evacuation may be needed; and, the names of individuals
and/or organizations who have also been contacted.
(5) Unless you have submitted a response plan under §1 12.20, organize portions of the Plan describing
procedures you will use when a discharge occurs in a way that will make them readily usable in an
emergency, and include appropriate supporting material as appendices.
(b) Where experience indicates a reasonable potential for equipment failure (such as loading or unloading
equipment, tank overflow, rupture, or leakage, or any other equipment known to be a source of a
discharge), include in your Plan a prediction of the direction, rate of flow, and total quantity of oil which
could be discharged from the facility as a result of each type of major equipment failure.
(c) Provide appropriate containment and/or diversionary structures or equipment to prevent a discharge as
described in §112.t(b), except as provided in paragraph (k) of this section for qualified oil -filled
operational equipment. The entire containment system, including walls and floor, must be capable of
containing oil and must be constructed so that any discharge from a primary containment system, such as
a tank or pipe, will not escape the containment system before cleanup occurs. At a minimum, you must
use one of the following prevention systems or its equivalent:
(1) For onshore facilities:
(i) Dikes, berms, or retaining walls sufficiently impervious to contain oil;
(ii) Curbing;
(iii) Culverting, gutters, or other drainage systems;
(iv) Weirs, booms, or other barriers;
(v) Spill diversion ponds;
(vi) Retention ponds; or
(vii) Sorbent materials.
(2) For offshore facilities:
(i) Curbing or drip pans; or
(ii) Sumps and collection systems.
(d) Provided your Plan is certified by a licensed Professional Engineer under §I 12.3(d), or, in the case of
a qualified facility that meets the criteria in §1 12.3(g), the relevant sections of your Plan are certified by a
licensed Professional Engineer under §112.6(d), if you determine that the installation of any of the
structures or pieces of equipment listed in paragraphs (c) and (h)(1) of this section, and §§112.8(c)(2),
1 12.8(c)(11), 1 12.9(c)(2), 1 12.10(c), 112.12(c)(2), and 112.12(c)(I 1) to prevent a discharge as described
in §112.1(b) from any onshore or offshore facility is not practicable, you must clearly explain in your
Plan why such measures are not practicable; for bulk storage containers, conduct both periodic integrity
testing of the containers and periodic integrity and leak testing of the valves and piping; and, unless you
have submitted a response plan under § 1 12.20, provide in your Plan the following:
(1) An oil spill contingency plan following the provisions of part 109 of this chapter.
(2) A written commitment of manpower, equipment, and materials required to expeditiously control and
remove any quantity of oil discharged that may be harmful.
(e) Inspections, tests, and records. Conduct inspections and tests required by this part in accordance with
written procedures that you or the certifying engineer develop for the facility. You must keep these
written procedures and a record of the inspections and tests, signed by the appropriate supervisor or
inspector, with the SPCC Plan for a period of three years. Records of inspections and tests kept under
usual and customary business practices will suffice for purposes of this paragraph.
(f) Personnel, training, and discharge prevention procedures. (1) At a minimum, train your oil -handling
personnel in the operation and maintenance of equipment to prevent discharges; discharge procedure
protocols; applicable pollution control laws, rules, and regulations; general facility operations; and, the
contents of the facility SPCC Plan.
(2) Designate a person at each applicable facility who is accountable for discharge prevention and who
reports to facility management.
(3) Schedule and conduct discharge prevention briefings for your oil -handling personnel at least once a
year to assure adequate understanding of the SPCC Plan for that facility. Such briefings must highlight
and describe known discharges as described in § 112.1(b) or failures, malfunctioning components, and any
recently developed precautionary measures.
(g) Security (excluding oil production facilities). (1) Fully fence each facility handling, processing or
storing oil, and lock and/or guard entrance gates when the facility is not in production or is unattended.
(2) Ensure that the master flow and drain valves and any other valves permitting direct outward flow of
the container's contents to the surface have adequate security measures so that they remain in the closed
position when in non -operating or non -standby status.
(3) Lock the starter control on each oil pump in the "off" position and locate it at a site accessible only to
authorized personnel when the pump is in a non -operating or non -standby status.
(4) Securely cap or blank -flange the loading/unloading connections of oil pipelines or facility piping
when not in service or when in standby service for an extended time. This security practice also applies to
piping that is emptied of liquid content either by draining or by inert gas pressure.
(5) Provide facility lighting commensurate with the type and location of the facility that will assist in the:
(i) Discovery of discharges occurring during hours of darkness, both by operating personnel, if present,
and by non -operating personnel (the general public, local police, etc.); and
(ii) Prevention of discharges occurring through acts of vandalism.
(h) Facility tank car and tank truck loadinglunloading rack (excluding offshore facilities). (1) Where
loading/unloading area drainage does not flow into a catchment basin or treatment facility designed to
handle discharges, use a quick drainage system for tank car or tank truck loading and unloading areas.
You must design any containment system to hold at least the maximum capacity of any single
compartment of a tank car or tank truck loaded or unloaded at the facility.
(2) Provide an interlocked warning light or physical barrier system, warning signs, wheel chocks, or
vehicle break interlock system in loading/unloading areas to prevent vehicles from departing before
complete disconnection of flexible or fixed oil transfer lines.
(3) Prior to filling and departure of any tank car or tank truck, closely inspect for discharges the
lowermost drain and all outlets of such vehicles, and if necessary, ensure that they are tightened, adjusted,
or replaced to prevent liquid discharge while in transit.
(i) If a field -constructed aboveground container undergoes a repair, alteration, reconstruction, or a change
in service that might affect the risk of a discharge or failure due to brittle fracture or other catastrophe, or
has discharged oil or failed due to brittle fracture failure or other catastrophe, evaluate the container for
risk of discharge or failure due to brittle fracture or other catastrophe, and as necessary, take appropriate
action.
0) In addition to the minimal prevention standards listed under this section, include in your Plan a
complete discussion of conformance with the applicable requirements and other effective discharge
prevention and containment procedures listed in this part or any applicable more stringent State rules,
regulations, and guidelines.
(k) Qualified Oil -filled Operational Equipment. The owner or operator of a facility with oil -filled
operational equipment that meets the qualification criteria in paragraph (k)(1) of this sub -section may
choose to implement for this qualified oil -filled operational equipment the alternate requirements as
described in paragraph (k)(2) of this sub -section in lieu of general secondary containment required in
paragraph (c) of this section.
(1) Qualification Criteria —Reportable Discharge History: The owner or operator of a facility that has
had no single discharge as described in §112.1(b) from any oil -filled operational equipment exceeding
1,000 U.S. gallons or no two discharges as described in §112.1(b) from any oil -filled operational
equipment each exceeding 42 U.S. gallons within any twelve month period in the three years prior to the
SPCC Plan certification date, or since becoming subject to this part if the facility has been in operation for
less than three years (other than oil discharges as described in § 1 12.1(b) that are the result of natural
disasters, acts of war or terrorism); and
(2) Alternative Requirements to General Secondary Containment. If secondary containment is not
provided for qualified oil -filled operational equipment pursuant to paragraph (c) of this section, the owner
or operator of a facility with qualified oil -filled operational equipment must-
(i) Establish and document the facility procedures for inspections or a monitoring program to detect
equipment failure and/or a discharge; and
(ii) Unless you have submitted a response plan under §112.20, provide in your Plan the following:
(A) An oil spill contingency plan following the provisions of part 109 of this chapter.
(8) A written commitment of manpower, equipment, and materials required to expeditiously control and
remove any quantity of oil discharged that may be harmful.
[67 FR 47140, July 17, 2002, as amended at 71 FR 77292, Dec. 26, 2006]
§ 112.8 Spill Prevention, Control, and Countermeasure Plan requirements for onshore facilities
(excluding production facilities).
If you are the owner or operator of an onshore facility (excluding a production facility), you must:
(a) Meet the general requirements for the Plan listed under §112.7, and the specific discharge prevention
and containment procedures listed in this section.
(b) Facility drainage. (1) Restrain drainage from diked storage areas by valves to prevent a discharge into
the drainage system or facility effluent treatment system, except where facility systems are designed to
control such discharge. You may empty diked areas by pumps or ejectors; however, you must manually
activate these pumps or ejectors and must inspect the condition of the accumulation before starting, to
ensure no oiI will be discharged.
(2) Use valves of manual, open -and -closed design, for the drainage of diked areas. You may not use
flapper -type drain valves to drain diked areas. If your facility drainage drains directly into a watercourse
and not into an on -site wastewater treatment plant, you must inspect and may drain uncontaminated
retained storm water, as provided in paragraphs (c)(3)(ii), (iii), and (iv) of this section.
(3) Design facility drainage systems from undiked areas with a potential for a discharge (such as where
piping is located outside containment walls or where tank truck discharges may occur outside the loading
area) to flow into ponds, lagoons, or catchment basins designed to retain oil or return it to the facility.
You must not locate catchment basins in areas subject to periodic flooding.
(4) If facility drainage is not engineered as in paragraph (b)(3) of this section, equip the final discharge of
all ditches inside the facility with a diversion system that would, in the event of an uncontrolled
discharge, retain oil in the facility.
(5) Where drainage waters are treated in more than one treatment unit and such treatment is continuous,
and pump transfer is needed, provide two "lift" pumps and permanently install at least one of the pumps.
Whatever techniques you use, you must engineer facility drainage systems to prevent a discharge as
described in § 1 12.1(b) in case there is an equipment failure or human error at the facility.
(c) Bulk storage containers. (1) Not use a container for the storage of oil unless its material and
construction are compatible with the material stored and conditions of storage such as pressure and
temperature.
(2) Construct all bulk storage tank installations (except mobile refuelers) so that you provide a secondary
means of containment for the entire capacity of the largest single container and sufficient freeboard to
contain precipitation. You must ensure that diked areas are sufficiently impervious to contain discharged
oil. Dikes, containment curbs, and pits are commonly employed for this purpose. You may also use an
alternative system consisting of a drainage trench enclosure that must be arranged so that any discharge
will terminate and be safely confined in a facility catchment basin or holding pond.
(3) Not allow drainage of uncontaminated rainwater from the diked area into a storm drain or discharge of
an effluent into an open watercourse, lake, or pond, bypassing the facility treatment system unless you:
(i) Normally keep the bypass valve sealed closed.
(ii) Inspect the retained rainwater to ensure that its presence will not cause a discharge as described in
§112.1(b).
(iii) Open the bypass valve and reseal it following drainage under responsible supervision; and
(iv) Keep adequate records of such events, for example, any records required under permits issued in
accordance with §§ 122.416)(2) and 122.41(m)(3) of this chapter.
(4) Protect any completely buried metallic storage tank installed on or after January 10, 1974 from
corrosion by coatings or cathodic protection compatible with local soil conditions. You must regularly
leak test such completely buried metallic storage tanks.
(5) Not use partially buried or bunkered metallic tanks for the storage of oil, unless you protect the buried
section of the tank from corrosion. You must protect partially buried and bunkered tanks from corrosion
by coatings or cathodic protection compatible with local soil conditions.
(6) Test each aboveground container for integrity on a regular schedule, and whenever you make material
repairs. The frequency of and type of testing must take into account container size and design (such as
floating roof, skid -mounted, elevated, or partially buried). You must combine visual inspection with
another testing technique such as hydrostatic testing, radiographic testing, ultrasonic testing, acoustic
emissions testing, or another system of non-destructive shell testing. You must keep comparison records
and you must also inspect the container's supports and foundations. In addition, you must frequently
inspect the outside of the container for signs of deterioration, discharges, or accumulation of oil inside
diked areas. Records of inspections and tests kept under usual and customary business practices will
suffice for purposes of this paragraph.
(7) Control leakage through defective internal heating coils by monitoring the steam return and exhaust
lines for contamination from internal heating coils that discharge into an open watercourse, or pass the
steam return or exhaust lines through a settling tank, skimmer, or other separation or retention system.
(8) Engineer or update each container installation in accordance with good engineering practice to avoid
discharges. You must provide at least one of the following devices:
(i) High liquid level alarms with an audible or visual signal at a constantly attended operation or
surveillance station. In smaller facilities an audible air vent may suffice.
(ii) High liquid level pump cutoff devices set to stop flow at a predetermined container content level.
(iii) Direct audible or code signal communication between the container gauger and the pumping station.
(iv) A fast response system for determining the liquid level of each bulk storage container such as digital
computers, telepulse, or direct vision gauges. If you use this alternative, a person must be present to
monitor gauges and the overall filling of bulk storage containers-
(v) You must regularly test liquid level sensing devices to ensure proper operation.
(9) Observe effluent treatment facilities frequently enough to detect possible system upsets that could
cause a discharge as described in § 112.1(b).
(10) Promptly correct visible discharges which result in a loss of oil from the container, including but not
limited to seams, gaskets, piping, pumps, valves, rivets, and bolts. You must promptly remove any
accumulations of oil in diked areas.
(II) Position or locate mobile or portable oil storage containers to prevent a discharge as described in
§112.1(b). Except for mobile refuelers, you must furnish a secondary means of containment, such as a
dike or catchment basin, sufficient to contain the capacity of the largest single compartment or container
with sufficient freeboard to contain precipitation.
(d) Facility transfer operations, pumping, and facility process. (1) Provide buried piping that is installed
or replaced on or after August 16, 2002, with a protective wrapping and coating. You must also
cathodically protect such buried piping installations or otherwise satisfy the corrosion protection
standards for piping in part 280 of this chapter or a State program approved under part 281 of this chapter.
If a section of buried line is exposed for any reason, you must carefully inspect it for deterioration. if you
find corrosion damage, you must undertake additional examination and corrective action as indicated by
the magnitude of the damage.
(2) Cap or blank -flange the terminal connection at the transfer point and mark it as to origin when piping
is not in service or is in standby service for an extended time.
(3) Properly design pipe supports to minimize abrasion and corrosion and allow for expansion and
contraction.
(4) Regularly inspect all aboveground valves, piping, and appurtenances. During the inspection you must
assess the general condition of items, such as flange joints, expansion joints, valve glands and bodies,
catch pans, pipeline supports, locking of valves, and metal surfaces. You must also conduct integrity and
leak testing of buried piping at the time of installation, modification, construction, relocation, or
replacement.
(5) Warn all vehicles entering the facility to be sure that no vehicle will endanger aboveground piping or
other oil transfer operations.
[67 FR 47146, July 17, 2002, as amended at 71 FR 77293, Dec. 26, 20061
h ttp ://ecfr.gpoaccess.gov/egi/t/text/text-
idx?c=ecfr&sid=845a2b5279t'9e3fldb6a6520b900fl14& rgn=div5&view--text& node=40:21.0.1.1.7& i
dno=40
Appendix J:
TABLE OF SIGNIFICANT MATERIAL STORAGE AND ASSOCIATED
SECONDARY CONTAINMENT
TABLE OF SIGNIFICANT MATERIAL STORAGE AND ASSOCIATED
SECONDARY CONTAINMENT
BLiLK STORAGE CONTAINERS
Allow -GROUND STORAGE TANKS (ASTS).
Storage
Discharge Prevention revention &
1D
Capacity
Content
Location
Description
Containment
{ al.
Northeastern
AST
Secondary
T1
2,750,000
Ethanol
Area
Containment
Northeastern
AST
Secondary
T2
2,750,000
Ethanol
Area
Containment
Liquid Asphalt
Southwestern
AST
n/a
T5
200,000
Binder
Area
Liquid Asphalt
Southwestern
AST
n/a
T6
20,000
Binder
Area
Liquid Asphalt
Southwestern
AST
n/a
T7
200
Binder
Area
Liquid Asphalt
Southwestern
AST
n/a
T8
200
Binder
Area
Liquid Asphalt
Southwestern
AST
n/a
T9
200
Binder
Area
T 10
55
Diesel
Northeast of
AST
Secondary
Boiler Room
Containment
Liquid Asphalt
Southwestern
AST
n/a
T11
55
Binder
Area
Liquid Asphalt
Southwestern
T12
1,000
Binder
Area
AST
n/a
Liquid Asphalt
Southwestern
T13
285
Binder
Area
AST
n/a
Liquid Asphalt
Southwestern
T14
1,000
Binder
Area
AST
n/a
Carter, Jenifer
From: Carter, Jenifer
Sent: Monday, July 02, 2012 12:06 PM
To: Imichellembrown@aol.com'
Subject: RE: J.T. Russell and Sons Healing Springs
Michelle,
I am happy to be more specific. See comments in red below.
A
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NC DENR Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
Voice: (336) 771-4957
FAX: (336) 771-4630
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: michellembrown@aol.com [mailto:michellembrown@aol.com]
Sent: Monday, July 02, 2012 11:51 AM
To: Carter, Jenifer
Subject: Re: J.T. Russell and Sons Healing Springs
Thank you Jenifer,
I was looking to see if there was site specific information, in addition to the general permit information. In the past, I think
there was a time when no monitoring was required (in 2008 and 2009, 1 think) and then one sample per year was
required, but 1 do not have any correspondence that showed why changes were made. The permit text was the same in
2008 and 2009, so 1-don't see why there would have been a reduction in monitoring. I don't believe any kind of exemption
for Qualitative (visual) monitoring has ever been granted. ???
Also, the site does not use motor oil, per se. They have a boiler that uses diesel fuel. The do not have an oil water
separator. And, there is no desire to discharge from the bulk ethanol tanks. Then no Analytical monitoring is required by
the NCG080000 permit. If the boiler blowdown is discharge outside (as opposed to the sewer system), that requires a
different NPDES general wastewater permit.
However, does off loading into tanker trucks equal discharge? Not as far as the permit is concerned. It would be
something you address in the SWPPP (i.e. preventative measures BMPs, spill response).
My understanding is that we need to calculate the amount of diesel fuel used per month, and if that is greater than 55
gallons, we will have to sample semi-annually. is this your understanding as well? The requirement only applies to new
motor oil, not diesel fuel. Again, be sure to address preventative measures, BMPs and spill procedures in the SWPPP
(secondary containment, etc.).
Sorry to be so complicated, I just want to be sure we meet your expectations. No need to apologize. I am happy to
answer questions... it means you're trying to do the right thing.
.1 R
thanks,
Michelle
-----Original Message -----
From: Carter, Jenifer <jenifer.carter@ncdenr.gov>
To: michellembrown <michellembrown@aol.com>
Sent: Mon, Jul 2, 2012 11:27 am
Subject: RE: J.T. Russell and Sons Healing Springs
Hi Michelle.
I have attached a copy of the stormwater permit to help you with developing the SWPPP, as well as with sampling
guidance.
Specifically:
Part II Section A 1 — 9 details what exactly needs to be in the SWPPP, including site -specific information.
Sections B-C address semi-annual Analytical monitoring, required if:
1. (Section B) There is vehicle maintenance on site where greater than 55 gallons of new motor oil is used monthly,
based on roiling yearly average, or
2. (Section C) There is a discharge from oil water separators and/or petroleum bulk stations and terminals.
Section D address semi-annual Qualitative (visual) monitoring.
Pay particular attention to the footnotes below the tables in the above sections.
If you need further assistance, please do not hesitate to contact me again.
Jenifer Carter
A
Before printing this email, please consider your budget and the environment.
If you must print, please print only what you need and save ink with the free Eco-Font.
NC DENR Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
Voice: (336) 771-4957
FAX: (336) 771-4630
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: michellembrown O-aol.com mailto:michellembrown aol.com
Sent: Monday, July 02, 2012 10:52 AM
To: Carter, Jenifer
Cc: nathanrussell@'trussellandsons.com
Subject: J.T. Russell and Sons Healing Springs
Hello Jenifer,
I was able to look up your email address but not the phone number. I am J.T. Russell & Sons' environmental consultant
and I wanted to check in with you regarding the SWPPP. I understand it is due by the end of July. Are there any site
specific requirements that need to be included? Also, in the past, I understand the site was required to sample one time
per year, is that still the case.
Thank you so much for your help,
Michelle M Brown
Permit: NCG080838
SOC:
County: Davidson
Region: Winston-Salem
Compliance Inspection Report
Effective: 05/22/09 Expiration: 10/31/12 Owner: J T Russell & Sons Inc
Effective: Expiration: Facility: J T Russell & Sons Inc. -Healing Springs
Facili
1884kNC Hwy 8
Contact Person: �`il �o46 Title:
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
On -site representative
Related Permits:
Inspection Date: 12/14/2011
Primary Inspector: Jenifer Carter
Secondary Inspector(s):
Certiflcation:
Nathan Russell
Denton NC 27239
Phone: 336-859-0902
Entry Time: 11:30 AM Exit Time: 12:15 PM
Phone:
Phone: 704-982-2225
Phone: 336-771-5000
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit inspection Type: Transportation wNehicle Maintenance/Petroleum Bulk/Oil
Water Separator Stormwater Discharge COC
Facility Status: ■ Compliant 11 Not Compliant
Question Areas:
0 Storm Water
(See attachment summary)
Page: 1
✓ ,.
Permit: NCGO80838 Owner - Facility: J T Russell & Sons Inc
Inspection Date: 12/14/2011 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
New Mgmnt since last pre -permit inspection. Unaware of NCG08 permit or its requirements. Gave until July 31, 2012 to
develope an SPPP and to perform Qualitative monitoring (some monitoring recors found during visit, but old).
Page: 2
Permit: NCGO80838 Owner - Facility: J T Russell & Sons Inc
Inspection Elate: 1211412011 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan?
# Does the Plan include a General Location (USGS) map?
# Does the Plan include a "Narrative Description of Practices"?
# Does the Plan include a detailed site map including outfall locations and drainage areas?
# Does the Plan include a list of significant spills occurring during the past 3 years?
# Has the facility evaluated feasible alternatives to current practices?
# Does the facility provide all necessary secondary containment?
# Does the Plan include a BMP summary?
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
# Does the facility provide and document Employee Training?
# Does the Plan include a list of Responsible Party(s)?
# Is the Plan reviewed and updated annually?
# Does the Plan include a Stormwater Facility Inspection Program?
Has the Stormwater Pollution Prevention Plan been implemented?
Comment: New Mgmnt since last pre -permit inspection. Unaware of NCG08 permit or
its requirements. Gave until July 31, 2012 to develope an SPPP and to perform
Qualitative monitoring (some monitoring recurs found during visit, but old).
Qualitative Monitoring
Has the facility conducted its Qualitative Monitoring semi-annually?
Comment: See above
Analytical Monitoring
Has the facility conducted its Analytical monitoring?
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas?
Comment: Very little vehicle maintenance.
Permit and Outfalls
# Is a copy of the Permit and the Certificate of Coverage available at the site?
# Were all outfalls observed during the inspection?
# If the facility has representative outfall status, is it properly documented by the Division?
# Has the facility evaluated all illicit (non stormwater) discharges?
Yes No NA NE
neon
Yes No NA NE
n n w o
Como
Yes No NA NE
ennn
®non
oo®n
■non
Page: 3
•0 ti
Permit: NGG080838 Owner - Facility: J T Russell & Sons Inc
Inspection Date: 12/14/2011 inspection Type: Compliance Evaluation Reason for Visit: Routine
Comment: No water quality violations noted during the inspection
Page: 4
Alpha Environmental Management, Inc.
353 Harwood Street
ALPHA — P.O.lbBox 1760
�"'"'"��c ;EtV�D Albemarle, N. C. 2$002-E760
%ect. of HNR (704) 983-2302
B Z 20M (704) 983-3920 Fax
October 28, 2009
Central Files
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Winston-Salem
Reg!onal pfnce
1
CMIRRR 7009 1410 0001 1345 4868
RE: No Discharge — J. T. Russell & Sons Inc. - Healing, Springs
Please find attached our Discharge Monitoring Report for January 01 to June 30,
2009 indicating No Discharge.
Sincerely,
Conrad A. Carter, Jr., P.E.
President
Alpha Environmental Mgt
Cc:
NCDENR-D WQ
Mr. Steve W. Tedders
585 Waughtown Street
Winston-Salem, NC 27107
File: CAWor&RusselllStormwaterWealing\NoDischarge-2009• I.DOC (Internet PC)
R. E. (Bob) Russell
President
J. T. Russell & Sons, Inc.
0
STORMWATER DISCHARGE OUTFALL (SDO)
MONITORING REPORT
GENERAL PERMIT NO. NCGO80000 SAMPLES COLLECTED DURING CALENDAR YEAR: 2009-January->June
CERTIFICATE OF COVERAGE NO. NCGO80838 (This monitoring report is due at the Division no later than 30 days from the date the facility receives the
sampling results from the laboratory.)
FACILITY NAME J. T. Russell & Sons, Inc — Healing Sprints Facility COUNTY Davidson
PERSON COLLECTING SAMPLES Bill Summey PHONE NO. (704) 983-2302
CERTIFIED LABORATORY Lab #
Lab # PLEASE SIGN ON THE REVERSE 4
Part A: Vehicle Maintenance Areas Monitoring Requirements
Did this facility perform Vehicle Maintenance Activities using more than 55 gallons of new motor oil per month? _ yes x no
(if yes, report your analytical results in the table immediately below)
i 'iis'ai. iY:
«lOutfall 1
` >No `a: t
.{�$` ' t ... � _
,,E�
a .�-., s<, , 1
...` iT•-6.j "•'Y. ' ',i .q.7
Date.t v�.
5a�n le Collected
_ P
e.:.-....
,��molddl. r°.�.r��
b ?_ wi-%.e�`.
, , O. c
i F'1' tce e"�: §i ..
w. a:rx E00400, c
A, �t _lbw.. i� 1'.
z OOS.s6_
a
Total Sus°'ericled"Solyds
F -'
� § faaE h
.. � �, �.: � .;m L.a�<.� � :�-tip
""H 3
p, ,� t
�;3$t' "$ i �` �E �'°4° 3i6.�
°r
,��}..., Standaril,nnrts; �<=3 ..,
a"Uil and"G � r
rease
;y^ �'l �'i� �
, �m 'T,_� �
> New MotoF.OiiIU, a
�P.„S.
3. .cc.. HF.""w?ui:3n,i':.CYA:.�`.@ �i'�.
aAnnual�avera e: al/mo�;
.r.a«. !,..,
4. j:.".:C',J F'i1 S i
_ T'"k ••+... 1. ,� ...
.,0 �0 'w �;�° W�ttiiii,.d 9f
Y .•`+
•L��=wx� '.�` ._.,;�- �,. �- '�
_".x.+M •_ram"' '.....,.,mow
.� ��. a m� .� � �...��..� ���A��,:
No Discharge
NC 1�:L�J
Note: If you report a sampled value in excess of the benchmark value, or outside the benchmark range for pH, you must implement Tier I or Tier 2 responses.
See General Permit text.
Part B: Oil/water Separators and Secondary Containment Areas at Petroleum Sulk Stations and Terminals
00530
K00400`
,r ,Outfall"s
_� 1
1ISainple Gotlecied,�
" ``'p Oil'and Grease;
Total Suspended Solids; ,.
_ �.` 1 pH; ' ';
,4e•sNo
,Standard<unIts
�•�Perm�t.i.�mit`�
' - •fit"�T_.i'`.t
'i xs
M e P9 t' °qi, 2'. Sd gyp..
y,
bR���;•s:��.��,�.-^�_�,�,�.a:;r;�sr
2�s�.-. �r�_30�:��..��.E�'��.,.,.�'�
,.��aOfl,.�,�;�;� M'�
.,��.. �6:0..-9.0s�,
No Disc har e
ty w
STORM EVENT CHARACTERISTICS:
Date (first event sampled)
Total Event Precipitation (inches): _
Date (list each additional event sampled this reporting period, and rainfall amount)
Total Event Precipitation (inches):
Mail Original and one copy to:
Division of Water Quality
Attn: DWQ Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
S WU-2 50-102107
Pagel of 2
"I certify, under penalty of law, that this document and all attachments were prepared under my.direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including
the possibility of fines and imprisonment for knowing violations."
(Signature of Permittee)
R/ z,, C1"�
R. E. Russell
IQ/.-pr, 04 i
(Date)
swu-250-1 a21o7
Page 2 of 2
NCDENR
North Carolina Department of Environment and Na
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
-Governor . Director
Mr. R.E. Russell, President
J.T.Russell & Sons, Inc.
1721 U.S. Highway 52 N
Albemarle, North Carolina 28001
May 22, 2009
RECEIVED
` N,C. Dent of ENFt
MAY 2 6.20
Winston-Salem
Dee Freeman
Secretary
Subject: General Permit No. NCGO80000
J.T. Russell & Sons —Healing Springs
-- ------ - - — COC No._NCG080838.
Davidson County -
Dear Mr. Russell:
In accordance with your application for a discharge permit received on May 13, 2009, we are forwarding
herewith the subject certificate of coverage (COC) to discharge under the subject -state - NPDES general permit.
This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the
Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated
October 15, 2007 (or as subsequently amended).
-If any parts, measurement frequencies, or sampling requirements contained in this permit are
unacceptable to, you, you have the right to request an individual permit by submitting an individual pernlit
application: Unless such demand is made, this certificate of coverage shall be final and binding.
.Please take notice that this certificate of coverage is not transferable except after notice, to the Division
of Water Qu' ality.. The Division of Water Quality may require modification or revocation and reissuance of the
certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area
Management Act or any other federal or local goverrunental permit that may be required.
If you -have any questions concerning this permit, please contact Bill Diuguid at telephone number
(919) 807-6369.
Sincerely,
ORIGINAL SIGNED BY
KEN PICKLE
Coleen H. Sullins
cc: Winston-Salem Regional Office
Central Files
Stormwater Permitting Unit Files
Attachments
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One -
Phone: 919-807$3001 FAX:919-807-64921 Customer Service: 1.877-623-6748 NofthCarolina
Intemet: www.ncwaterquality.org J�/]
An Equal Opportunity.IAffirmative Action Employer (�����` ally
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCGO80000
CERTIFICATE OF COVERAGE No. NCGO80838
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In -compliance with -the provision of North Carolina General-Statute-143-215-1 other-] awful- standards -
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
J.T. Russell & Sons, Incorporated
is hereby authorized to discharge stornnwater from a facility located at
J.T. Russell & Sons, Inc.
18846 N:C. Highway 8
Healing Springs
Davidson County
to receiving waters designated as Lick Creek, a Class C creek, Yadkin River Basin; in accordance with the effluent
limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI of General Permit
No. NCG080000, as attached.
This Certificate of Coverage shall become effective May 22, 2009.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day May 22, 2009.
ORIGINAL SIGNED BY
KEN PICKLE
Coleen H. Sullins, Director
Division of Water Quality .
By Authority of the Environmental Management Commission
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Latitude: 35'36'49"
Longitude: 80010'41 NCGO80838
County: Davidson J.T. Russell & Sons
Stream Class: C Healing Springs
Receiving Stteam: Lick Creek
Sub -basin- 03-07-08 (Yadkin River Basin)
Stream Index: 12-126-(0.5)
NOT ICAUD
, f
N®N
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 22, 2009
Mr. R.E. Russell, President
J.T.Russell & Sons, Inc.
Dee Freeman
Secretary
1721 U.S. Highway 52 N
AIbemarle, North Carolina 28001
Subject: General Permit No. NCGO80000
J.T. Russell & Cons —Healing Springs
-COC No.., NCG080838._ ___ _
--------------.------- -- -----------__.._��_ _--- ---- ---- Davidson County
Dear Mr. Russell:
In accordance with your application for a discharge permit received on May 13, 2009, we are forwarding
herewith the subject certificate of coverage (COC) to discharge under the subject state — NPDES general permit.
This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the
Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated
October 15, 2007 (or as subsequently amended).
If any parts, measurement frequencies, or sampling requirements contained in this permit are
unacceptable to you, you have the right to request an individual permit by submitting an individual permit
application. Unless such demand is made, this certificate of coverage shall be final and binding:
Please take notice that this certificate of coverage -is not transferable except after notice to the Division
of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the
certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Water Quality or pen -nits required by the Division of Land Resources, Coastai Area
Management Act or any other federal or Iocal governmental permit that may be required.
If you have any questions concerning this permit, please contact Bill Diuguid at telephone number
(919) 807-6369.
Sincerely,
ORIGINAL SIGNED BY
Coleen 14.>Pr1CKLE
cc: Winston-Salem Regional Office
Central files
Stormwater Permitting Unit Files
Attachments
1617 Mail Service Center, Ralegh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 ]t�One 7
Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 1 �I ofth Carob n a
Iniemet: www.ncwaterquality.org � ^�_ _
An Equal Qpportunily l Aftirmgve Action Employer � �/ �titra `LJ
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG080000
CERTIFICATE OF COVERAGE No. NCGO80838
STORMWATER DISCHARGES
NATIONAL POLLUTANT llISCHARGE ELIMINATION SYSTEM
—In - comp liance-with-the provision -of -North Carolina General -Statute -143-215-1—other-lawful-stand ards-and _ _ — -
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
J.T. Russell & Soros, Incorporated
is hereby authorized to discharge stormwater from a facility located at
J.T. Russell & Sons, Inc.
18846 N.C. Highway 8
Healing Springs
Davidson County
to receiving waters designated as Lick Creek, a Class C creek, Yadkin River Basin; in accordance with the effluent
limitations, monitoring requirements, and other conditions set forth in Parts I, II, I11, IV, V and VI of General Permit
No. NCG080000, as attached.
This Certificate of Coverage shall become effective May 22, 2009.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day May 22, 2009.
ORIGINAL SIGNED BY
KEN PICKLE
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
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Latstude:35°36'49"
G 080838
Longitude: 80'10'41" NC Facility
County: Davidson J.T. Russell & Sons Location
Healing Springs Stream Class: C �
Receiving. Stream: Lick Creek
Sub -basin: 03-07-08 (Yadkin River Basin)
Stream Index: 12-126-(0.5) NOT TME® 1
Diuguid, Bill
From: Carter, Jenifer
Sent: Friday, May 22, 2009 9:27 AM
To: Diuguid, Bill
Subject: RE: NCGO80838 J.T. Russell & Sons --Healing Springs NOI
please proceed. Thanks!
NC DENR Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
Voice: (336) 771-4957
FAX: (336) 771-4630
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Diuguid, Bill[mailto:bill.diuguid@ncdenr.gov]
Sent: Friday, May 22, 2009 9:20 AM
To: Jenifer.Carter@ncmail.net
Subject: NCGO80838 I.T. Russell & Sons --Healing Springs NOI
Jenifer Carter, Winston-Salem Regional Office :
Jenifer, According to all the correspondence, you've already looked at this one. Ok to issue?
Please review the attached NOI application with the objective of responding to me with a recommendation to issue the
permit. I recognize that you may not visit each new, proposed permittee during this NOI review, but it affords you the
opportunity to log the general permit into your regional database and add the industrial facility to a future monitoring
and compliance visit schedule. Therefore, your recommendation now to issue the general permit serves as your
acknowledgement that (1) the facility is located in your region, (2) that there are no current complaints outstanding
about the facility that have not been dealt with, and (3) that the facility may ultimately be inspected by the regional
surface water staff. I've also attached a scanned copy of the N01 and a location map for your review.
rCOC # 'Facility Location City/County
NCGO80838 J.T. Russell & Sons �18846 N.C. Highway 8 Healing Springs/Davidson
If you need any more info, give me a call. If you could send me a recommendation to issue the permit by 06/22/2009,
I'd appreciate it, so I can issue their COC. I am not allowed to issue the permit until the respective regional office
reviews and comments back to me with a recommendation to isse the permit.
Thanks
Bill
Bill Diuguid, Staff Planner
Stormwater Permitting
Alpha Environmental M
t, Inc.
RECEIVED ! 353 Harwood Street
N 00e Of ENR i
P.O. Box 1760
ALPHA MAY 1 2 2009 Albemarle, N. C. 28002-1760
(704)983-2302
V nston'salem (704) 983-3920 Fax
Regional Cff1Ce
May 11, 2009 CM/RRR 7008 2810 0001 9524 8923
Stormwater Permitting Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
RE: Notice of Intent — J. 'r. Russell & Sons, Inc., - HealingSrings
Thank you for your detailed letter dated April 30, 2009 concerning stormwater
permitting for the captioned facility. While we continue to feel that a permit is not
appropriate, we feel that your proposal to waive the monitoring requirements is a
fair compromise that will ensure continued protection of the environment.
Accordingly, please find attached the following:
1. Notice of Intent NCGO80000 completed and signed,
2. Check for $100 payable to NCDENR,
3. Site Diagram (Lexington Land Surveying titled ALTA/ACSM Land Title
Survey — Georgia-Pacific Resins, Inc. dated 1-23-01, Job No 3149,
4. (A Portion of) USGS High Rock (NC) Quadrangle Map.
Sincerely,
Conrad A. Carter, Jr., P.E.
President
Alpha Environmental Mgt
Cc:
NCDENR-DWQ
Mr. Steve W. Tedders
585 Waughtown Street
Winston-Salem, NC 27107
File: C:IWord\Russelllstormwater\[Iealing\N.O.V.-04-01-2009.DOC (Intemet PC)
R. E. (Bob) Russell
President
J. T. Russell & Sons, Inc.
�
"�A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 30, 2009
Alpha Environmental Management, Inc. J.T. Russell & Sons, Inc. .
Attn: Mr. Conrad A. Carter, Jr., P.E. -- President Attn. R. E. (Bob) Russell — President
P.O. Box 1760 P.O. Box 1760
Albemarle, NC 20882-1760 Albemarle, NC 20882-1760
Re: NOTICE OF VIOLATION
Operating Without a Permit
J.T. Russell & Sons, Inc. (SIC code 4226)
Davidson County
Dear Mr. Carter and Mr. Russell:
Dee Freeman
Secretary
Your response to the NOV dated April 1, 2009 was received on April 16; 2009. In your response, you
questioned the rational for requiring the Denton facility to obtain a stormwater permit. The following are
responses to the four points you made in you letter:
1. Though DuPont and Georgia Pacific have used the same facilities since the early 70's without a
permit, it does not mean they shouldn't have had one.. It was only recently that the County's fire
marshal brought the operation to the Division's attention.
2. The requirement for permit 4NCGO80000 is based not on the manufacturing of any particular
goods, but on the existence of motor freight transportation and warehousing, as defined by the
Standard Industrial Classification (SIC) code for which J. T. Russell & Sons falls under (#4226).
3. While the Division appreciates the measures already in place to contain products used and/or
stored on site, the potential for failure of the measures still exists. The stormwater permit will
require you to put your preventative measures in writing, and to -address how failures will be
handled, through the development of a Stormwater Pollution Prevention Plan (SPPP).
4. A `discernable discharge point', as defined by the Division, can be a drainage ditch or swale that
conveys stormwater away from the site, such as is found alongside the train tracks. It does not
have to be a pipe, per se.
Based on Ms. Jenifer Carter's visit to the site on March 24, 2009, this office has decided that an exception
to the permit requirement is not supportable, as the potential for stormwater contamination, however
small, still exists. The development of an SPPP will ensure that all measures have been and will continue
to be developed and maintained now and in the future.
Once the permit is issued, it is the intent of this office to waive the permit's monitoring requirements.
This waiver can be revoked at any time should the Division feel it necessary based on conditions at the
site.
North Carolina Division of Water Quality, Winston-Salem Regional Office one
Location: 585 Waughtown SL Winston-Salem, North Carolina 27107 North Carolina
Phone: 336-771-50001 FAX; 336-771-46301 Customer Service: 1-877-623-6748 y� /II I
Internet: mwnwaferquality.org �atuL JQLL �/ jj j jj�j�
Required Actions:
• Within fifteen (15) business days of receipt of this letter, please submit the Notice of Intent
(application) for NPDES permit #NCG080000 provided to you. Send the original application, along
with any required documentation to the address noted on the application. In addition, send a copy to
the Winston-Salem Regional Office (WSRO) at the letterhead address.
• Notify this office upon obtaining the permit. You should begin development of an SPPP immediately.
Your attention to this matter is appreciated. Failure to apply for and obtain the proper permit is
subject to a civil penalty assessment of up to $25,000.00 per day. Should you have any further
questions regarding this matter, please contact Jenifer Carter or myself at (336) 771-5000.
Sincerely,
t�
Steve W. Tedder
Surface Water Regional Supervisor
Winston-Salem Regional Office
Division of Water Quality
cc: WSRO Files
NPS ACO Unit
Attn: Mr. William Summey (J. T. Russell & Sons, inc.; I8846 NC Hwy 8; Denton, NC 27239)
Alpha Environmental
ALPHA
April 14, 2009
NCDENR-DWQ
585 Waughtown Street
Winston-Salem, NC 27107
RECEIVED
N.C. Dept. of ENR
APR 16 2009
ent.Inc.
S�i-NM%d•Street
P.O. Box 1760
Albemarle. N. C. 28002-1760
(704) 983-2302
(704) 983-3920 Fax
CM/RRR 7008 2810 0001 0285 4956
Attention: Mr. Steve W. Tedder, Surface Water Regional Supervisor
RE: N.O.V. — Operating Without a (Stormwater)Pennit
Dear Mr. Tedder,
We were quite surprised to receive the captioned NOV for our site. We have
reviewed the available regulations and records and offer the following comments:
1. This facility, operated by DuPont and later by Georgia Pacific, was
permitted by DAQ and DWQ as a formaldehyde production facility in the
early 70's. To the best of our knowledge, there has never been a stormwater
permit issued for this facility.
2. Presently we are transferring ethanol, diesel fuel, and asphalt cement from
rail cars to tanker trucks. Also, we are storing asphalt cement in our above-
ground tanks that are located inside a containment system. There are no
manUJ"cturing operations at this facility.
3. The entire facility is designed to contain all products used and/or stored
there. All transfer lines are operated under pressure and the products are all
stored in weather -tight covered tanks. We cannot understand how any of the
products can become exposed to stormwater.
4. The facility's terrain is very flat and level. It is our understanding that
previous operators felt there were no discernable discharge points, i.e. any
stormwater leaving the site would be "sheet -flow". If a storm water permit
is issued, a stormwater sampling discharge point is not readily evident.
0)
J. T. Russell &: Sons, Inc., Healing Springs Facility
Page 2 of 2
We welcome Ms. Carter or other members of .your staff to visit our site so that we
can get a better understanding as to the need for a stormwater discharge permit for
this facility. We would then revisit the requirement for a N.O.I. as needed.
Sincerely,�
e«-u� f/41'-
Conrad A. Carter, Jr., P.E.
President
Alpha Environmental Mgt
File: C:1WordlRusselRStorrawateMealingKO.V,-04-01-2009.DOC (Euternet PC)
R. E. (Bob) Russell
President
J. T. Russell & Sons, Inc.
NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
J.T. Russell & Sons, Inc.
Attn: William Summey
18846 NC Hwy 8
Denton, NC 27239
Division of Water Quality
Coleen H. Sullins
Director
April 1, 2009
Subject: NOTICE OF VIOLATION
Operating Without a Permit
J.T. Russell & Sons, Inc. (SIC code 4226)
Davidson County
Dear Mr. Summey:
Dee Freeman
Secretary
On March 24, 2009, Jenifer Carter, of the -Division of Water Quality, performed a stormwater inspection
J.T. Russell & Sons, Incorporated in Denton, North Carolina. You were present for the inspection. The
inspection was initiated due to concerns of the Davidson County Fire Marshall.
Observations:
• An.above-ground storage tank (ABS) containing diesel fuel was located -on site. Construction of
.secondary containment was nearing completion during the inspection.
• Ethanol is offloaded from rail cars to tanker trucks on site.
• Liquid asphalt is stored in a number of ABSs.
• Overall housekeeping is good. You seemed very aware of the type of requirements found in NPDES
general stormwater permits, so implementation of the requirements should not be difficult.
Based on the Standardized Tax Code (SIC) for your type of industry (Motor Freight Transportation and
Warehousing), J.T. Russell & Sons was required, but failed, to obtain an NPDES General Stormwater
Permit 4NCGO80000 prior to beginning operations.
Required Actions:
• Within fifteen (15) business days of receipt of this letter, please submit the Notice of Intent
(application) for NPDES permit #NCG080000 provided to you. Send the original application, along
with any required documentation to the address noted on the application. In addition, send a copy to
the Winston-Salem Regional Office (WSRO) at the letterhead address.
Notify this office upon obtaining the permit. You should begin implementing its requirements
immediately, including the development of Stormwater Pollution Prevention Plan and semi-annual
qualitative monitoring of all stormwater outfalls.
North Carofna Division of Water Quality, Winston-Salem Regional Office
Location; 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: 336-771-50001 FAX: 336-771-46301 Customer Service: 1.877-623-6748
tntemet: wvnv.ncwaferquaiity.o g
continued on reverse...
NorthCarolina
Kati rallrf
Nti1a k
An Equal Opporonity 4 Aairma8ve Action Employer
Your attention to this matter is appreciated. This violation and any future violations are subject to a
civil penalty assessment of up to 525,000.00 per day for each violation. Should you have any
questions regarding these mutters, please contact Jenifer Carter at (336) 771-4957.
' Sincerel ,
Steve W. Tedder
Surface Water Regional Supervisor
Winston-Salem Regional Office
Division of Water Quality
cc: rWSRO Files,
. NPS ACO Unit
Additional Attributes
At point:1649564,680023
Fire Districts
Sq.Miles 39.22
Name HEALING SPRINGS
Townships
Sq. Miles 38.61
Name HEALING SPRINGS
County Zoning Districts
Zone LI
Soil Types
DSL Name KyB =.
Soil Name KIRKSEY
Type SILT -LOAM
Percent SI 2-6
Hydric
Municipal Boundary
No Features found.
Parcels
No Features found.
The in formation, contained on this map does not replace information that may be obtained by:
consulting the official source of the information. In no event shall Davidson County, NC or the -.
consultants of Davidson County, NC be liable for any damages, direct or consequential, from the use =
of the information contained on this man.
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Air Quality E Toolbox !Ej FacFinder I
Welcome to Facility Finder Print Help Logotf III
Find Facility,
Facility Data
J. T. Russell and Sons, Inc. - Healing Spring
Facility
18846 NC Highway 8
Healing Spring, NC 27239
County: Davidson Lat: 35d 36.7860m
Long: 80d 10.6260m
NC Facility ID: 2900358
SIC: 4226/ Special Warehousing & Storage
NAICS: 49311 / General Warehousing and
Authorized Contact Data
R. E. Russell, President
1721 US Highway 52 North
Albemarle, NC 28001
(704) 982-2225
Facility Contact Data
William Summey, , Facility Manager
18846 NC Highway 8
Healing Spring, NC 27239
(336) 859-0902
Compliance Data
Assigned Inspector: Robert Barker
Operating Status: Operating
Compliance Status: Compliance - inspection
Inspection Date: 10/22/2008
Inspected By: Robert Barker
Action Code: 27/INSPECTION - STATE
COMPLIANCE IN:TSPECTION
Permit Data
Permit 09911 / R00
Issued 6/13/2008
Expires 5/31 /2013
Classification Small
Permit Status Active
Invoice Contact Data
J.T. Russell and Sons, Inc. -Healing Springs
Facility
Vivian Turbeville,
1721 US Highway 52 North
Albemarle, NC 28001
(704) 982-2225
Technical Contact Data
R. E. Russell, President
1721 US Highway 52 North
Albemarle, NC 28001
(704) 982-2225 _
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http://ibeamaq.enr.state.nc.us/aq/Toolbox/FacFinder.jsp?lockey=L l 131031,09911 3/11 /2009
Akro-IWA Division of Water Quality / Surface Water Protection
Section
��®EN� National Pollutant Discharge Elimination System
�t^rnn C.woc+. Oe....rrtm or
Frw,nvur.r u�+ Na,.nw. rs!O.-erle
NCG080000
FOR AGENCY USE ONLY
Daze Received
Year
Month
Dav
6 '1
0
1
Certificate of Covernee
1p le
Check sF
I Amount
PermiLAssi ned to
NOTICE OF INTENT V
National Pollutant Discharge Elimination System application for coverage under General Permit
NCGO80000:
STORMWATER DISCHARGES from Vehicle Maintenance Areas (including vehicle rehabilitation,
mechanical repairs, painting, fueling, lubrication, and equipment cleaning operations areas) associated
with activities classified as:
SIC 40 (Standard Industrial Classification) Railroad Transportation
SIC 41 Local and Suburban Transit and Interurban Highway Passenger Transportation
Y->.SIC 42 Motor Freight Transportation and Warehousing (except SIC 4221-4225)
SIC 43 United States Postal Service
The following activities are,also included:
• Other industrial activities where the vehicle maintenance area(s) is the only area requiring permitting
Petroleum Bulk Stations and Terminals (SIC 5171) with total petroleum site storage capacity of less than 1
million gallons
• Stormwater discharges from oil water separators and/or from secondary containment structures
associated with petroleum storage facilities with less than 1 million gallons of total petroleum site storage
capacity.
• Discharges associated with vehicle maintenance operations at activities, which are otherwise designated
on a case -by -case basis for permitting.
For questions, please contact the DWO Regional Office for your area. See page 4.
1 i
(Please print or type)
1) Mailing address of owner/operator (address to which all correspondence will be mailed):
Name
,T T kus5e•i�L-
� SaNS rLc
Street Address
1yi 21 ,U S
011,m,,
City
L$ ,v� Arz
�-Q
_ _ State W C ZIP Code 4..-8 a0I
Telephone No.
704_ 93.1
- X)L -S
_.. Fax:
2) Location of facility producing discharge:
FacilityName
-�' T._k%J5—
-
se 5'Sor,S.
L"c--AGOrLIrjC-�SP2tN(rS i`iNc-ii-tTy
Facility Contact
Ll- -% U
Mt-
Street Address
98 46
NJ-,C
y....�
City
µ eA Lj n, t,-
- State rnJ C� ZIP Code
County
AU +,tn�5Cr`'
Telephone No.
tJ 3 6
`l - 0 `i O
Fax:
Email
Page 1 of 4
SW U-223-071408
Last revised 7114/08
1
NCG080000 N.O.I.
3) Physical Location Information:
Please provide a narrative description of how to get to the facility (use street names, state road numbers, and
distance and direction from a roadway intersection). u C- A
_3RIv-,c-zC Ft=K-�g-t i�.A-D - -- -
(A copy of a county map or USGS quad sheet with facility clearly located must be submitted with this application)
4) Latitude._N)3_, -X . 63 _ Longitude W €0 I 1�.58+ (deg, min, sec)
I
5) This NPDES Permit Application applies to which of thefollowing:
❑ New or Proposed Facility Date operation is to begin
19 Existing
6) Standard Industrial Classification: i
Provide the 4-digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial
activity at this facility
SIC Code:
7) Provide a brief narrative description of the types of industrial activities and products manufactured at
facility: S-r 1f &-'i- +e N' 5r-L PQ - C O F—
RAlLfRaC -r _,—m I--`&r+..z,t 4/_STZ oil
8) Discharge points / Receiving waters:
How many discharge points (ditches, pipes, channels, etc.) convey stormwater from the property? Q
What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater
discharges end up in? L-ICK_C_laErEm-
Receiving water classification: I
Is this a 303(d) listed stream? Has a TMDL been approved for this watershed?
If the site stormwater discharges to a separate storm sewer system, name the opierator of the separate storm
sewer system (e.g. City of Raleigh municipal storm sewer).!
9) Does this facility have any other NPDES permits?
J$ No
❑ Yes
If yes, list the permit numbers for all current NPDES permits for this facility:
10) Does this facility have any Non -Discharge permits (ex, recycle permit
3
0 No
❑ Yes
If yes, list the permit numbers for all current Non -Discharge f permits for this
i
11) Does this facility employ any best management practices for stormwal
❑ No
❑ Yes (Show any structural BMPs on the site diagram.)
If yes, please briefly describe:
12) Does this facility have a stormwater Pollution Prevention Plan?
25 No
❑ Yes
If yes, when was it implemented?
Page 2 of 4;
SWU-223-071408 Last revised 7/14/08
i
NCG080000 N.O.I.
13) Are vehicle maintenance activities occurring at this facility?
54'No ❑ Yes
14) Hazardous Waste:
a) Is this facility a Hazardous Waste Treatment, Storage, 'or Disposal Facility?
Ql No ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous
hazardous waste?
1K No ❑ Yes I
generated per month) of
c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of
hazardous waste? I
No ❑ Yes
d) Is hazardous waste stored in the i 00-year flood plain?
No ❑ Yes If yes, include information to demonstrate protection from flooding.
I �
e) if you answered yes to questions b. or c., please provide the following information:
I ,.
Type(s) of waste: !
How is material stored: ! !
Where is material stored: i I
How many disposal shipments per year:
Name of transport / disposal vendor: I
Vendor address: ' ?
15) Certification:
North Carolina General Statute 143-215.6B (i) provides
Any person who knowingly makes any falsest at am ant, representation,'or certification in any application, record, report,
plan, or other document filed or required to be maintained under this Article or a rule implementing this Article; or who
knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article; or
I
who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be
i
operated or maintained under this Article or rules of the Commission implementing this Article shall be guilty of a Class
2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000), I
I hereby request coverage under the referenced General Permit. I understand that coverage under this permit
will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an
individual permit.
certify that I am familiar with the information contained in this application and that to the best of my
knowledge and belief such information is true, complete, and accurate.
Printed Name of Person Signing:
Title: PA es i t--).r`N'
(Signature of Applicant) (Date Signed)
i
Notice of Intent must be accompanied by a check or money order for $100.00 made payable to:
NCDENR i
Page 3 of 4 !
SWU-223-071408 I Last revised 7114/08
I
Alpha Environmental Manageme
ALPHA
May 11, 2009
Cl
Stormwater Permitting Unit
Division of Water Quality
f pra
1617 Mail Service Center
n''s
Raleigh, NC 27699-1617
hsa�r� o•l is '�'
RF• NntirP of Tntant _
T T iozzi-ll
Thank ,you for your detailed letter dated A
permitting for the captioned "facility. While v
appropriate, we feel that your -proposal to w
fair compromise that will ensure continued p
it, Inc.
353 Harwood Street
P.O. Box 1760
Albemarle, IV, C. 28002-1760
(704)983-2302
(704)983-3920 Fax
A/RRR 7008 28:10 0001 9524 8923
J1
r
/nT
Rnna_ Inc.__ = Hemina Rnriniy�
-il 30, 2009 concerning stormwater
continue to feel that a permit is not
ve the monitoring requirements is. a
tection of the environment.
.Accordingly, please find attached the following:
1. Notice of Intent NCG080000 completed and signed,
2. Check for $100 payable to NCDENR,
3. Site Diagram (Lexington Land Surveying titled ALT.P
Survey — Georgia-Pacific Resins, Inc. dated 1-23-01, Jot
4. (A Portion of) USGS High Rock (NC) Quadrangle Map.
Sincerely,
Conrad A. Carter, Jr., P.E.
President
Alpha Environmental Mgt
Cc:
NCDENR-DWQ
Mr. Steve W. Tedders
585 Waughtown Street
Winston-Salem, NC 27107
File: C:1WordaussellV9tormwaterlHealing\N.ON,04-61-2009.DOC (Internet
'ACSM Land Title
No 3149,
R. E. (Bob) Russell
President
J. T. Russelli & Sons, Inc.
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Latitude:35°3G'49"
F, NCG080838 Facility �t
Longitude: 80 10 41
J.T. Russell & Sons Location g
County: Davidson
Stream Class: C Healing Springs
Receiving. Stream: Lick Creek
Sub -basin: 03-07-08 (Yadkin River Basin)
Stream Index: 12-126-(M) I hd9T MUD
NCDENR
North Carolina, Department of Environment 'and Natural Re
Division of Water Quality. I
Beverly Eaves Perdue Coleen H. Sullins '
Governor Director
April 1, 2009
J.T. Russell & Sons, Inc.
Attn:. William Summey
18846 NC Hwy 8
`Denton, NC 27239
Subject: NOTICE OF VIOLATION.
Operating Without a Permit
J.T. Russell & Sons, Inc. (SIC code 4226)
Davidson County
Dear Mr: Summey:
Dee Freeman
Secretary
On March 24, 2009, Jenifer Carter, of the -Division of Water Quality, performed a storrnwater inspection
J.T. Russell &. Sons, Incorporated in Denton, North C
Carolina. You were present for the inspection.. The
inspection Was initiated due to concerns of the Davidson County Fire Marshall,.
Observations:
• An above -ground storage tank (ABS) containing diesel fuel was located. on
.secondary containment was nearing completion during the inspection. -
Ethanol is offloaded from rail cars to tanker trucks on site.
• Liquid asphalt is stored in a number of ABSs.
• Overall housekeeping is good. You seemed very aware of the type of require
general stormwater permits, so implementation of the requirements should nc
Based on the Standardized Tax Code (SIC) for your type of industry (Motor Freil
Warehousing), J.T. Russell & Sons was required, but failed, to obtain an NPDES
Permit 4NCGO80000 prior to beginning operations.
Required Actions:
Within fifteen (15) business days of receipt of this Ietter, please submit the
(application) for NPDES permit #NCG080000 provided to you. Send the or
with any required documentation to the address noted on the application. In
the Winston-Salem Regional Office (WSRO) at the letterhead address.
Notify this office upon obtaining the permit. You should begin implementing
immediately, including the development of Stormwater Pollution.Prevention I
qualitative monitoring of all stormwater outfalls.
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St Winston-Salem, North Carolina 27107
Phone: 336-771-50001FAX: 335-771A6301 Customer Service: 1-877-623-6748
tntemet: www.ncwaterquali y.org
e. Construction of
nents found in NPDES
be difficult.
ht Transportation and
3eneral Stormwater
otice of Intent
inal application, along
idition, send a copy to
I
I
I
its requirements
Ian and semi-annual
ontinued on reverse...
One
NorthCarolina
j Xatmr ly
An Equal opportunity 4 AtlirmaWe Action Employer
VICLNRY w {NOT TO SCALE)
A MONROE SNIDER, Jr.
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anNer MR; ALTA/ACSM LAND TTTL£ SURVEY ti CEO KGL4— AClnc RESINS, INC.
t
IN PLAT COOK 15 A7 PAGE 67, ° °"""' 1pYAd"� 0O/°"r 'r"'■ °®'0°'I ""` 'i,XING'�ON
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NCGO80000 N.O.I.
Final Checklist
This application will be returned as incomplete unless all of the following items have been included:
f-erl Check for $100 made payable to NCDENR
Sa/ This completed application and all supporting documents
G-"� A site diagram showing, at a minimum, (existing or proposed):
(a) outline of drainage areas, (b) stormwater management structures, (c) location of stormwater outfalls
corresponding to the drainage areas, (d) runoff conveyance features, (e) areas where materials are stored,
(f) impervious areas, (g) site property lines.
Copy of county map or USGS quad sheet with location of facility clearly marked on map
Mail the entire package to:
Stormwater Permitting Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Note
The submission of this document does not guarantee coverage under the NPDES General Permit.
For questions, please contact the DWO Regional Office for your area.
DWQ Regional Office Contact Information:
Asheville Office ......
(828) 296-4500
Fayetteville Office ...
(910) 433-3300
Mooresville Office ...
(704) 663-1699
Raleigh Office ........
(919) 791-4200
Washington Office ...(252)
946-6481
Wilmington Office ...
(910) 796-7215
Winston-Salem ......
(336) 771-5000
Central Office .........(919)
807-6300
Page 4 of 4
SWU-223-071408 Last revised 7/14/08
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NOTES:
AA] 7. TOTAL AREA w # 51,404 AC (INCLUDING i 1.933 AC. 114 RAItum0 RIGHT OF WAY)
_w"' twwlg �i01i 2. REFERENCE
,S HEREBY UWE TO A RECORDED PLAT EN IFTLED INOL67RIAL SITE OF Ed. DU PONT DE NEMOURS AND COMPANY, RECORDED fN PLAT BOOK f5 AT PAGE 87.
-1— °'O"•"01f1^'' 3. REFERENCE is HEREBY wot 70 A SOUTHERN PUBLIC UTILITIES COMPANY EASEMENT, OB fO5 PG 84 & 08 105 PG 495,
4. REFERENCE 5 HEREBr MADE TO A AAWDSON ELECTRIC MEMBERSHIP CORPORATION EASEMENT, DB 187 PG 370, OB F87 PG 376, k DO 903 PG 1222.
y 'maw¢ rg1AlD 5. RgERENCE IS HEREBr MADE TO A DUKE POWER COMPANY EASEMENT, OB 50T PG 713 h OB 901 PG 714.
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4-3ANOr: TOTAL OWTAACY ALON/ N.O, (ORrMAY ACC. 6 FROAF P07.64. 7b DTS.De'.
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