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HomeMy WebLinkAboutNCG020555_COMPLETE FILE - HISTORICAL_20110405STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V DOC TYPE HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ owl I (� �-I OS YYYYMMDD This STORMWATER POLLUTION AND. PREVENTION PLAN was prepared in accordance with the requirements specified in the National Pollutant Discharge Elimination System (NPDES) General Permit for Mining (NCG020), and specifically as applied in the Certificate of Coverage for this location: Garner Construction Co. Inc. Merrimon Mine Certificate of Coverage NCG020555 Carteret County Lat. 34.9539 Long.—76.6436 This plan is designed to satisfy the requirements of Part III, Section A of the NPDES General Permit NCG020. The order and content of this plan roughly corresponds to the listed requirements in the permit. Where necessary, additional information may be added for clarity. Data, reports, and other information are included as an appendix. Table of Contents Table of Contents 1a. General Location Map 1b. Narrative description of practices, processes, and potential pollutants 1c. Site Map 1d. List of significant spills or leaks of pollutants during past 3 years 1e. Certified evaluation for non-stormwater discharges 2. Erosion and Sediment Control 3. Stormwater Management Plan 3a. Management of Stormwater Runoff and Runon 3b. BMP Controls inspection and Maintenance 3c. Secondary Containment Requirements and Records 3d. Monitoring Requirements 4. Spill Prevention and Response Plan 5. Preventative Maintenance and Good Housekeeping Program 6. Employee Training 7. Responsible Party 8. Plan Amendments 9. Plan Implementation Appendices 1 Complete Site Plans for Mining Permit, including Erosion and Sediment Control Plans and Reclamation Plan 2 BMP Inspection Logs 3 NC Mining Permit 4 NPDES Permit text and Certificate of Coverage 5 Rainfall data 6 DIVIR's and test results 7 Training records 1a General Location Map from USGS Note: The following map is a portion of the USGS Topographic Map showing the facility's location in relation to transportation routes and surface waters. More detailed information, such as the name of the receiving water and the longitude 1 latitude of the points of discharge is shown on the site map in part 1(c). 1b. Narrative description of practices, processes, and potential pollutants This operation is classified as a Sand & Gravel Mine (SIC code 1440). The primary processes employed at this location include excavation of soil from the surface, excavating sand and gravel from the mining area, transporting the sand and gravel from the mining area to the processing plant, washing and sorting the sand and gravel, stockpiling the finished products, and loading the finished product for transportation away from the site. At each point in this process, controls are in place to prevent any potential pollutants from leaving the site via stormwater. These controls are specifically designed in accordance with the Sediment and Erosion Control Plan as approved by the NCDENR, Division of Land Resources (see part 2 of this Plan). The excavation of soil, sand, and gravel is confined to the designated "Mining Area" on the Mine Plan. The primary potential pollutant that is generated by this activity is sediment. The mining area itself acts as the sediment and erosion control structure by holding the stormwater within the pit. There is no discharge from the mining area during any storm event. The only discharge is by pumping after the sediment has been allowed to settle out. Any water that is discharged from this area leaves the site via sample point NPDES 01, and is monitored as required. The excavated soil (overburden) remains within the mining area or is placed within the perimeter berms. This material is sloped and seeded to prevent erosion. The sand and gravel from the mining area is hauled to the processing plant for washing and sizing. This process occasionally generates some fine rock particles and dust. A dust -suppression system using water and covered equipment prevents this material from becoming airborne. Much of the wash and dust suppression water adheres to the sand and gravel and acts to further control airborne dust. After the sand and gravel is mined, it is stockpiled in areas designated as "stockpile area". The sand and gravel remains in piles until it is loaded onto customer trucks and removed from site. Some sediment is generated by stormwater falling onto the stockpiles, as well as runoff from traffic areas. All of the stormwater from these areas flows back into the pond area and is held there to remove the sediment. In each phase of the processes described above the primary potential pollutant that could be expected to be present in any stormwater discharge from any outfall is sediment, in the form of turbidity, and suspended or settlable solids. These parameters are monitored as required in this permit. Several pieces of heavy equipment are utilized in each phase of this process. This equipment has the potential to leak fuel, fluids, coolants, or oil at any point. This is a very rare occurrence, and is discussed more thoroughly in parts IV and V of this plan. With effective preventive maintenance and a plan to control and clean up any spills, there is virtually no chance of these substances becoming a potentially discharged pollutant. Id. List of significant spills or leaks of pollutants during past 3 years Date: Description: Corrective Action: Date: Description: Corrective Action: Attach additional sheets as necessary. Retain records for 3 years. 1e. Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. There are no stormwater outfalls in this site. All stormwater is retained within the pond and/or mining area. Therefore, there are no non-stormwater discharges from the site. The signed Certification Statement is found in the Annual Review and Update Checklist in Part 8 of this Plan, 2. Erosion and Sediment Control This site has an approved Erosion and Sediment Control Plan, detailed in the site plans and information submitted as part of the North Carolina Mining Permit renewal application. Mining Permit # 16-37 was approved and issued by the NCDENR — Division of Land Resources. All management practices and erosion and sedimentation control measures that are included in this permit have been implemented at this site. This site remains in compliance with the Mining Permit, and there has been no deviation from the approved plan. Any changes or modifications of the original plan are submitted as a modification request to the Division of Land Resources before such changes are implemented. All erosion and sediment controls are inspected on a weekly basis. A signed copy of the issued Mining Permit including the approved erosion and sedimentation control measures and the reclamation plan is included in this plan. Further data, including design calculations, is on file at the Central Office and can be examined upon request. Copy of NC Mining Permit 16-37 — in Appendix 3 Complete site plans included as Appendix 1 3. Stormwater Management Plan This site employs Best Management Practices (BMP's) to control or minimize exposure of significant materials to stormwater. The approved Erosion and Sedimentation Control Plan manages stormwater runoff and runon in a manner that reduces or eliminates pollutants in stormwater discharges leaving the site. BMPs may take the form of a process, activity, or physical structure. This Stormwater Management Plan describes Best Management Practices that were used in the original construction of this facility, BMPs that have been used in modifications since the original construction, BMPs that should be followed for any future modifications, and BMP activities that are used for ongoing inspections and maintenance. The NPDES Permit requires specific monitoring and sampling of stormwater and mine dewatering. The purpose of this monitoring and sampling is to evaluate the effectiveness of the Stormwater Management Plan. The monitoring and sampling requirements are described in the text of the NPDES Permit as referenced below; 3a. Management of Stormwater Runoff and Runon Stormwater BMP's are employed and maintained for mine excavation and disturbance areas, process areas, and other areas associated with mining. In addition, controls are in place to limit or isolate selected land disturbance and process areas and limit the amount of offsite stormwater runon to these areas. Specific details of each BMP control feature are shown in the enclosed Erosion and Sediment Control plan associated with the NC Mining Permit. (see appendix 1). In general, this site is designed to limit stormwater runon with barriers and diversions such as berms, vegetative swales, and natural topography. All stormwater that falls within a disturbed area is diverted to the mining area 1 pond. Land disturbance is kept at a minimum to reduce overall impact. 3b. BMP Controls Inspection and Maintenance All stormwater BMP controls are to be inspected at least once every seven calendar days and within 24 hours after any storm event that results in a discharge. BMP's shall be operated and maintained at the designed efficiency. BMP's must be cleaned out when sediment storage capacity is at 50% volume. If visible sediment is leaving the property, corrective action shall be taken to reduce the discharge of sediments. Visible sedimentation shall be recorded with a brief explanation of measures taken to prevent future releases, as well as any measures taken to remove the sediment that has left the site. A log shall be kept of all inspections, maintenance, repairs, as well as any visible sedimentation leaving the site. BMP Inspection logs included as Appendix 2 3c. Secondary Containment Requirements and Records There are no fuels or other potential contaminants stored onsite. 3.d Monitoring Requirements: The following is a written guide for compliance with all Mine Dewatering Discharge Monitoring. It is the responsibility of the Site Manager to make sure that all monitoring and sampling is being performed on schedule. Monitoring Requirements for Mine Dewatering Water that is pumped from the pit and discharged from the site is classified as "Mine Dewatering Wastewater' and is subject to monitoring and sampling as described in Part III, Section E — 1. Frequency: Samples must be taken on a quarterly basis. If any quarterly sample is missed, or if any tested parameter limitation is exceeded, then samples must be taken on a monthly basis for the remaining permit term (through Dec 31, 2014) Sample Location: Samples should be taken from the ditch before the discharged water passes into the wooded area. ;'.. Analytical Monitoring Required: Analytical monitoring requirements are described in Part III, Section E, Table 7. For Merrimon Mine, the discharge must be monitored for pH, Settleable Solids, Total Suspended Solids, Turbidity, and Total Flow. General sampling protocol: Sample containers should be obtained from the designated laboratory prior to sampling the discharge. The containers should be labeled in accordance with the laboratory requirements. The sample should be labeled "Merrimon NPDES 01" with the date and time of sampling as well as the requested analysis. All samples should be placed on ice in a cooler so that the temperature of the sample is a minimum of 4 degrees C upon arrival at the lab. A Chain of Custody form should be submitted to the lab with all samples A written log should be kept for all sampling activities. The log should include the date and time of sample. It should also include a record of daily pH meter calibrations, a record of a pH neutral measurement, the pH of the sample, the temperature of the sample, and the measurement of the flow of water (see below). Monitoring Instructions for Individual Parameters: pH: The pH of the water sample must be taken immediately, or within 15 minutes of taking the sample. A Certified pH meter must be used to measure pH in accordance with the manufacturer's guidelines. pH meters must be Certified by NCDENR on a regular basis. The pH meter must be calibrated daily following manufacturer's guidelines before any samples are measured. A record of the calibrations should be entered into the log. In addition, a pH neutral buffer should be measured by the meter immediately before the sample is measured. The temperature of the sample must also be recorded in the log. Total Flow: A flow meter should be utilized to measure the flow of water from the discharge. This flow rate can be calculated into a volume rate using standard calculations. Alternatively, the flow can be estimated from pump performance data. if the flow is too small to be accurately measured, an estimated flow rate can be entered into the log. If the flow is very small, the rate can be entered as "trace". Turbidity, Total Suspended Solids, Settleable Solids: Each of these parameters must be measured by a Certified Lab. Containers must be obtained from the lab as described above. Samples should be submitted to the Lab within 24 hours or according to lab requirements. Requirements for Monitoring Records and Reporting Sampling Log: A written log must be kept of all sampling and monitoring activities. The field inspector is responsible for keeping this written log, and should produce it on demand by NCDENR. This log should include at a minimum; - date, time, and sample location - record of field analysis (pH, temperature, flow, etc) - analytical samples taken - calibration of pH meter or other instruments - pH neutral checks Recording Results: The Site Manager is responsible for maintaining a permanent record of each monitoring and sampling event. The field inspectors should provide the information from his written log to the Site Manager on a quarterly basis. In addition, the permanent record should include all analytical results from the laboratory reports. The reports and associated chain -of -custody forms should be kept on file. Copies of all reports sent to the NCDENR Division of Water Quality should also be kept on file. Copies of all of the above information should be provided to the Site Manager on a regular basis and kept in the Stormwater Pollution Prevention Plan notebook. All of the records should be Kept on file for a minimum of 5 years. Discharge Monitoring Reports: All monitoring data as described above shall be recorded on forms provided by the NCDENR and provided herein. Data from Mine Dewatering Wastewater must be recorded on the form entitled ANNUAL SUMMARY DMR — WASTEWATER. This form must be completed by the Site Manager with data from the above described records. This form must be submitted to the NCDENR Division of Water Quality (DWQ) by March 1 of each for the previous year's monitoring. However, if any samples violate a wastewater effluent limit or benchmark limit, a DMR report must be submitted within 30 days from the date that the Site Manager receives the sampling results from the laboratory. When no discharge has occurred from the site during the report period, the Site Manager should enter "NO FLOW" or "NO DISCHARGE" in the permanent record. This should be noted ANNUAL SUMMARY DMR's. Noncompliance with Monitoring Schedule Requirements It is the responsibility of the Site Manager to make sure that all wastewater discharges are monitored according to the above requirements. He should be in contact with the field inspector to make sure that they schedule the required monitoring and sampling to be in compliance with the NPDES Permit requirements. Mine Dewatering Wastewater: Pit discharge water must be monitored (sampled) on a quarterly basis. If any quarterly sample is missed, then the monitoring (sampling) schedule is immediately increased to monthly for the remaining permit term (until December 31, 2014) Noncompliance with Analytical Test Results It is the responsibility of the Site Manager to review all laboratory reports from all analytical sampling. The NPDES permit details Benchmark Values or Effluent Limitations for the various test parameters. If any of these limits are exceeded, there are additional monitoring requirements that are described in the permit. Mine Dewatering Wastewater Effluent Limitations for Mine Dewatering Wastewater Settleable Solids 0.1 mlll Total Suspended Solids (TSS) NIA pH 6.0 — 9.0 Turbidity NIA (See below) The discharge shall not cause the turbidity of the receiving water to exceed Water Quality Standards (50 NTU). If turbidity of the receiving stream exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. According to the NPDES Permit, "an exceedence of any of these limitations is a violation of the permit conditions and may be subject to enforcement action". If the sampling results are above a limitation for any parameter, then the monitoring schedule shall be immediately increased to monthly for the remaining permit term (until December 31, 2014) Reporting non -compliant analytical results: In addition to the increased monitoring schedule descried above, the Site Manager is responsible for notifying the NCDENR Division of Water Quality of any benchmark value exceedences or effluent limit violations. Mine Dewatering: One signed DMR form with wastewater effluent limitations violations shall be sent to the NCDENR DWQ Wilmington Regional Office no later than 30 days from the date that the Environmental Manager receives the sampling results from the laboratory. Copies of all DMR forms shall be kept in the SWPPP notebook onsite. Reporting other violations: It is the responsibility of the Field Inspectors to report any spills or non- compliance issues to the Site Manager. If the non-compliance issue could endanger health, safety, or the environment, or if the spill is considered "significant", then it is the responsibility of the Environmental Manager to contact the NCDENR DWQ of the situation within 24 hours. 4. - Spill Prevention and Response Plan The following information is presented as a Spill Prevention and Response Plan (SPRP) prepared in accordance with the requirements of the NPDES Permit Stormwater Pollution Prevention Plan. The goal of this plan is to prevent spills, leaks, or other releases of potential pollutants at the facility that could result in a discharge of these pollutants via stormwater. Assessment of Potential Pollutants Potential pollutants at this site are the various fuels, oils, lubricants,'and fluids associated with the equipment operation and maintenance onsite. None of these materials'are stored in bulk onsite. The quantities of materials that may be contained within any given piece of equipment is too small to cause a spill that would potentially leave the site. Facility Personnel Responsible for Implementing the SPRP Facility Response Coordinator & team members: Team Member Name & Title Day Phone # Night Phone # Acknowledgement of individual responsibilities "I have read the "Duties and Responsibilities of facility response coordinator and team members" found in Section 5.5.7 of the SPCC Plan and acknowledge my responsibility for this plan". Date 5. Preventative Maintenance and Good Housekeeping Program Preventative maintenance is essential for the proper operation of all equipment. Such maintenance will significantly reduce the potential for leaks and spills of fuels, lubricants, fluids, and coolants, and therefore, greatly reduce potential pollution of surface water or groundwater. Garner Construction Company has a Preventative Maintenance Schedule for each piece of equipment onsite. The schedule should be followed to assure that the potential for leaks or spills is kept at a minimum. In addition, each piece of equipment is thoroughly inspected before each use. If a suspected or obvious leak or potential spill is recognized, the piece of equipment should be immediately shut down and measures should be taken to repair or isolate the problem. No equipment should be used or operated if a known potential leak or spill could occur. Fuels, lubricants, coolants, hydraulic fluids, and other petroleum products shall not be discharged on the ground or into surface waters. Spent lubricants and fuels shall be removed from site as needed. If any spill or leak occurs, action should be taken immediately to contain and clean up the spill. Schedules and records of equipment maintenance are kept by the Site Manager and are available for inspection at any time. Any spills that require clean up are recorded in Part 1 of this SWPPP. G. Employee Training Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. Additional required training items include: used oil management, spent solvent management, disposal of spent abrasives, disposal of vessel wastewaters, fueling procedures, sanding, painting and blasting procedures, and used battery management. At a minimum, all oil -handling personnel are given annual training in oil spill prevention, including operation and maintenance of equipment. Where specific responsibilities are assigned, these requirements will be reviewed. All such training occasions will be documented with an employee roster that is signed by each employee.. A copy of the plan will be on display, accessible to all employees at all times. New employees will be given as much spill prevention training as is commensurate with his new status and ability to be effective. This training is typically provided within one week of his employment. Documentation and records of all training related to the SWPPP are filed in Appendix 7. 7. Responsible Party According to the NPDES Permit, Part IV, Section 5, all applications, reports, or information submitted to the Director shall be signed and certified by a Corporate Officer or a "duly authorized representative". The Stormwater Pollution Prevention Plan is written and reviewed under the direction of the Site Manager. He should review the requirements of the NPDES permit and assure that they are being met. He should assure that the Sediment and Erosion Control Plan associated with the NC Mining Permit meets the requirements of the BMP Plan. He is responsible for submitting any required modifications of the Sediment and Erosion Control Plan with the Mining Permit to keep the site in compliance with the NPDES permit. He should respond to any questions, concerns, or notifications of maintenance or repair issues with any of the BMPs at this site. He should regularly review inspection reports of the BMPs and implement any necessary repairs or maintenance. He should regularly review the BMP plan and any records or logs to assure compliance. He should review the Discharge Monitoring Reports, and if any samples are out of compliance, take immediate measures to correct the issue and bring the site into compliance. He is also responsible for the required inspections of BMP's as specified in the permit. All stormwater BMPs shall be inspected by the Site Manager or his designee at least once every 7 days and within 24 hours after any storm event that results in a discharge. He should follow the guidelines as described in the "Weekly BMP Inspections of Sediment and Erosion Control Structures". The Site Manager is responsible for maintenance and repair of the BMP structures. If any visible sedimentation is seen leaving the site, corrective action shall be taken to reduce or eliminate the discharge of sediments. The Site Manager is responsible for keeping a log of inspections of BMPs as well as a log of any maintenance or repairs to BMPs. He should also maintain a file containing NPDES sampling records and test results. The Site Manager is also responsible for preventive maintenance of equipment as well as good housekeeping practices to prevent potential discharge of pollutants. 8. Plan Amendment This Stormwater Pollution Prevention Plan shall be amended whenever there is a change in design, construction, operation, or maintenance that has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SWPPP shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred. The annual update shall include written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges (part le). Each annual update shall include a documented re-evaluation of the effectiveness of the BMP's listed in the BMP Summary of the Stormwater Management Plan. The following Annual Review and Update Checklist serves as a guide and certification for the required review. Annual Review and Update Checklist It is the responsibility of the Site Manager to review and update the St6rmwater Pollution Prevention Plan (SWPPP) on an annual basis (as per NPDES Permit Part III, Section A-8). It is important that ALL aspects of the SWPPP be reviewed and updated where necessary. This checklist should serve as a guide to assist in this process. While the annual review should be as comprehensive as possible, the SWPPP should be amended whenever there is a change in design, construction, operation, or maintenance that has a significant effect on the potential for the discharge of pollutants to surface waters. Site Inspection: The Annual Review and Update should include a thorough inspection of the site. A current copy of the Site Plan should be used for reference in the inspection. Each BMP 1 Sediment and Erosion Control feature should be inspected. Does the Site Plan accurately reflect the actual site configuration? Is each BMP 1 Sediment and Erosion Control feature functioning as designed? Are they being properly maintained? Are there any points that stormwater is leaving the site due to failure of any sediment and erosion control structure? Are there any other stormwater outfalls not indicated on the Site Plan? Is there any evidence of sediment or other pollutants leaving the site or potentially impacting a surface water? Are there any new sources of potential pollutants not shown on the Site Plan? Is there a functioning rain gauge onsite? Is there evidence of the presence of any non-stormwater discharges at any outfall? Site Plan: Has there been any modification of the State Mining Permit? If so, any changes should be indicated on the SWPPP Site Plan. Are all monitoring locations and BMP's clearly marked on the map? Is the existing Sediment and Erosion Control Plan associated with the State Mining Permit adequate for preventing pollution associated with Stormwater from leaving the site or entering surface waters? Records and reports: Have all Mine Dewatering Discharges been monitored quarterly as required? Have all test results been within the required limits? If not, have the proper steps been taken for additional monitoring? The following records and reports should be filed in the SWPPP notebook: All DMR's filed within the last 5 years. All Mine Dewatering monitoring reports (including lab reports) for the last 5 years. Also includes analysis for semi-annual TPH monitoring. Rainfall data from onsite rain gauge. Weekly BMP Inspections, properly documented by the Site Manager. Employee Training Are all oil -handling personnel given annual training in spill prevention and proper operation of equipment? Is there written documentation of the employee training? Overall Evaluation After the SWPPP has been reviewed and modified as necessary, the following statement should be signed by the Site Manager: "/ have reviewed the Stormwater Pollution Prevention Plan and all associated evaluations, monitoring results, reports, and data. I have evaluated the effectiveness of the BMP's listed in the Sediment and Erosion Control Plan and have either determined that they are functioning as designed, or have made necessary changes. I have made the necessary changes to this SWPPP to keep it in compliance with the NPDES Permit" "1 hereby certify that all stormwater outfalls at this location have been evaluated for the presence of non-stormwater discharges for the calendar year " 9. Plan Implementation This SWPP Plan shall be implemented immediately to ensure that contaminants do not enter surface waters via stormwater that comes in contact with any unstabilized overburden, raw materials, intermediate products, finished products, byproducts, or waste products located on this site. All documentation specified in this plan and in the NPDES Permit shall be kept onsite for a period of 5 years and made available to the Division of Water Quality at their request. Weekly Inspections of Sediment and Erosion Control Structures Month: Year: All sediment and erosion control structures shall be inspected at least once every 7 calendar days and within 24 hours after any storm even resulting in a discharge of runnoff from the site. Records shall be maintained of all inspections. Under "Condition" note good, needs attention, or needs repair. Note any necessary maintenance or repairs and repair as soon as possible. Note if any sediment has left the site, or if any erosion is occurring at the discharge. At this location: Sediment basin for discharge Berms and diversions Week 1 Date: Inspected bv: Site Basin Berms_ Additional notes Week 2 Date: hected by: Condition Site Condition Basin Berms Additional notes Week 3 Date: I"ected by: Site Basin Berms_ Additional notes Condition Week 4 Date: Inspected by: Site Condition Basin Berms Additional notes Week 5 (if necessary) Date• Inspected by: Site Condition Berms_ Additional notes After Storm Event Date: Inspected by: Site Condition Basin Berms Additional notes After Storm Event Date: Inspected bv: Site Condition Basin Berms Additional notes After Storm Event Date: Inspected by: Site Condition Basin Berms Additional notes NPDES Stormwater Pollution and Prevention Plan Annual Training Log Date: Trainer(s): Individuals Trained: Topics: Date: Trainer(s): Individuals Trained: Topics: Date: Trainer(s): Individuals Trained: Topics: Rainfall Record Site Name: Insert a copy of this log in your Stormwater Pollution Prevention Plan Year: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 TO DISCHARGE STORMWATER, MINE DEWATERING, AND PROCESS WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act, as amended, 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 stormwatec, mine dewatering wastewater, and process wastewater to the surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters, from active and inactive mining sites, in accordance with the terms and conditions set forth herein. Coverage under this General Permit is applicable to: ♦ Stormwater point source discharges associated with mining and quarrying of non- metallic minerals (except fuels), mine excavation, processing, and vehicle maintenance; ♦ Mine dewatering wastewater discharges; ♦ Wastewater discharges from sand and/or gravel operations; ♦ Operation of non -discharging closed -loop recycle systems (and infrequent overflows); ♦ Process wastewater discharges from non -closed -loop recycle systems. The following activities and associated discharges are excluded from coverage under this permit: ♦ Borrow Pits covered by the DOT statewide stormwater permit, ♦ Peat Mining, ♦ Coal Mining, ♦ Metal Mining, ♦ Oil and Gas Extraction Operations, and ♦ Combined Mining/Asphalt Operations (where asphalt operation is not covered by a separate permit). The General Permit shall become effective on January 1, 2010. The General Permit shall expire at midnight on December 31, 2014. Signed this day December 29, 2009. Original Signed by _Chuck Wakild for Coleen H. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCG020000 TABLE OF CONTENTS PART I INTRODUCTION Section A: General Permit Coverage Section B: Permitted Activities PART lI AUTHORIZATION TO CONSTRUCT AND OPERATE A TREATMENT FACILITY Section A: Requirements to Construct New or Expanded Treatment Facilities Section B: Requirements For Operation of a Treatment Facility PART III MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan (SPPP) Section B: Stormwater Discharges: Analytical Monitoring Requirements Section C: Stormwater Discharges: On -Site Vehicle Maintenance Section D: Stormwater Discharges: Qualitative Monitoring Requirements Section E: Wastewater Discharges: Effluent Limitations and Monitoring Requirements for Mine Dewatering Wastewater and Process Wastewater PART IV STANDARD CONDITIONS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability S. Oil and Hazardous Substance Liability 6. Property Rights 7. Severabiiity 8. Duty to Provide Information 9. 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 i Permit No. NCG02O000 S. Signatory Requirements 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 Wastewater or Stormwater Control Facilities Section D: Monitoring and Records I. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures S. 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 V LIMITATIONS REOPENER PART VI ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS �1 Permit No. NCG020000 PART I — INTRODUCTION SECTION A: GENERAL PERMIT COVERAGE All persons desiring to have facilities covered by this General Permit must register with the Division of Water Quality (DWQ) 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, mine dewatering wastewater, or process wastewater that has a point source discharge to the surface waters of the state. This General Permit covers mining and quarrying of nonmetallic minerals (except fuels) including borrow pits (that would not be covered under the statewide DOT stormwater permit) and active or inactive mines that discharge stormwater contaminated with, or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located at the site of such operations and stormwater runoff from vehicle maintenance areas. This General Permit also covers discharge of wastewater from processing mined materials and mine dewatering wastewater from the groundwater and/or stormwater that accumulates in the mine pit. 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 1SA NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should he 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. Any facility may apply for new or continued coverage under this permit until a Total Maximum Daily Load (TMDL) for pollutants for stormwater or wastewater discharges is established. A TMDL sets a pollutant -loading limit that affects a watershed, or portion of a watershed, draining to an impaired water. For discharges to watersheds affected by a TMDL, coverage under this permit may depend on the facility demonstrating it does not have reasonable potential to violate applicable water quality standards for those pollutants as a result of discharges. If the Division determines that discharges have reasonable potential to cause water quality standard violations, the facility shall apply for an individual permit 180 days prior to the expiration date of this general permit. Once that individual permit is effective, the facility will no longer have coverage under this general permit. [Note the permittee must identify impaired waters (scheduled for TMDL development) and waters already subject to a TMDL in the Site Plan, as outlined in the Stormwater Pollution Prevention Plan (SPPP), Part II1, Section A. Parts 1-II Page 1 of 4 Permit No. NCG020000 SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater, mine dewatering, and/or process wastewater to the surface waters of North Carolina or a separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this General Permit. Types of approved discharges are dependent upon approval and are detailed in the permittee's individual Certificate of Coverage (COC). All 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. If mining activities will expand or change such that the types of discharges are affected, the permittee is to contact DWQ to determine if modifications to the COC are necessary first. The permittee is also responsible for contacting the Division of Land Resources (DLR) if modifications to the Mining Permit are necessary, as compliance with the Mining Permit is a stipulation of this permit. The discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. Discharges allowed by this permit must meet applicable wetland standards as outlined in 15A NCAC 213.0230 and .0231 and water quality certification requirements as outlined in 15A NCAC 2H .0500. This permit does not relieve the permittee's responsibility for compliance with any other applicable federal, state or local law, rule, standard, ordinance, order or decree. PART If — AUTHORIZATION TO CONSTRUCT AND OPERATE A TREATMENT FACILITY Mining operations involving construction and operation of wastewater treatment facilities for mine dewatering or process wastewater (such as saw water, wash water, etc.) are subject to construction and operation requirements for treatment facilities as outlined in Sections A and B below. SECTION A: REQUIREMENTS FOR CONSTRUCTING NEW OR EXPANDING WASTEWATER TREATMENT FACILITIES All new or expanding wastewater treatment facilities must receive an Authorization to Construct (ACC) from DWQ, unless specifically excluded in Part III, Section E in this permit, Treatment facility arrangements excluded from the AtC requirement are as follows: ♦ Dewatering wastewater directly pumped from the pit through erosion and sedimentation control facilities and that does not require additional treatment other than those structures to meet effluent limits prior to discharge. ♦ Water conveyed from mined sand and/or gravel through erosion and sedimentation control facilities and that does not require additional treatment other than those structures to meet effluent limits prior to discharge. ♦ Closed -loop process recycle wastewater systems that are designed to operate with a minimum of two feet (2') of freeboard and that limit the water entering the system to makeup water and/or precipitation that falls directly into the system (i.e., exclude stormwater runoff from draining into the system). ♦ Facilities designed to administer polyacrylamides (PAMS) or other chemical flocculant materials, as long as administered in accordance with Division requirements and that do not require additional treatment other than those structures to meet effluent limits prior to discharge. Parts 1-11 Page 2 of 4 Permit No. NCG020000 . Treatment facility arrangements that are subject to AtC requirement include, but are not limited to: Dewatering wastewater treatment facilities for discharges that do not meet effluent limits and do not protect water quality standards. Process recycle wastewater systems that are not designed to operate with a minimum of two feet (2') of freeboard and/or do not otherwise meet criteria to be considered closed -loop recycle system (i.e., Nan -closed -loop recycle systems). Application for the AtC requires that plans and specifications be submitted to the Division of Water Quality, Stormwater Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699- 1617 for approval. 3. Upon approval of the plans and specifications by the Division, a set of approved plans and specifications for the subject project will be returned to the permittee. These plans must be retained by the permittee for the life of the treatment facility. 4. Upon receipt of an approved AtC, approved treatment facilities shall be constructed and implemented in accordance with the conditions of this permit, approved plans and specifications, and other supporting data. Treatment facilities shall be constructed to meet the effluent limitations in Part III, Section E of this General Permit. All such inspections must be documented with printed name, date, and signature of individual performing the inspection(s). Upon completion of construction and prior to operation of a permitted facility, a certification of plans and specifications must be received from a professional engineer in accordance with G.S. 89-25 certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification of plans and specifications to the Division of Water Quality, Stormwater Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 6. The permittee shall notify the DWQ Regional Office at least seventy-two (72) hours in advance of operation of the installed facilities so that an in -place inspection can be made if the Regional Office so desires. Such notification to the Regional Supervisor shall be made during normal business hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Parts 1-II Page 3 of 4 Permit No. NCG020000 SECTION B: REQUIREMENTS FOR OPERATION OF A WASTEWATER TREATMENT FACILITY Existing, new and expanding wastewater treatment facilities shall be subject to the following operational requirements. Operation and maintenance of treatment facilities must be in accordance with the requirements in this General Permit. For the purposes of this permit no documentation other than a signed Certificate of Coverage is required to operate an existing treatment facility. New treatment facilities must also have an Authorization to Construct (AtC) permit, with the exceptions noted in Section A above. Diversion or bypass of untreated wastewater from a treatment facility is prohibited except under provisions of this permit in Part IV, Section C.3 and Part IV, Section E.7 3. In the event that a facility fails to perform satisfactorily, including the creation of nuisance conditions, the permittee shall take immediate corrective action, including those actions that may be required by this Division, such as the construction of additional or replacement treatment or disposal facilities. 4. The issuance of this permit shall not relieve the permittee of the responsibility for damages to surface waters of the State resulting from the operation of a treatment facility. 5. Any discharge from a treatment system to groundwater must protect the groundwater standards specified in 15A NCAC 2L, Groundwater Classification and Standards. 6. Any groundwater quality monitoring, as deemed reasonably necessary by the Division, shall be provided. Flocculants evaluated by the Division may be used if administered in accordance with maximum application doses and any other current requirements. No other chemical fiocculants shall be used in the treatment facility without written authorization from the Division. Evaluated Polyacrylamide (PAMS) information can be found via the Stormwater Permitting Unit website. 8. All discharges of mine dewatering wastewater and process wastewater will be monitored in accordance with Part I11, Section E of this permit. Parts 1-11 Page 4 of 4 Permit No. NCG020000 PART III — MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION AND PREVENTION PLAN (SPPP) All permittees shall develop and implement a Stormwater Pollution Prevention Plan {SPPP), herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part IV, Standard Conditions, Section E, Paragraph 3 of this General Permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The site 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 general location map (or alternatively the site map) shall identify whether each receiving water is impaired (on the state's 303(d) list of impaired waters) or is located in a watershed for which a TMDL has been established, and what the parameter(s) of concern are. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs (with design capacities), and permanent impervious surfaces, such as roads or process areas that are unlikely to change frequently. The site map shall include a distance legend. In addition, the following industrial activity areas must also be identified on the site map: fueling, engine maintenance and repair, vessel maintenance and repair, washing, painting, sanding, blasting, welding, and metal fabrication. (d) A list of significant spills or leaks of pollutants that have occurred during the previous three (3) years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part IV, Standard Conditions, Section B, Paragraph S. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Part III Page 1 of 16 Pages Permit No. NCG020000 Erosion and Sedimentation Control. The permittee shall implement the management practices and the erosion and sedimentation control measures that are included in the mining permit or erosion and sedimentation control permit issued by the Division of Land Resources (DLR). Compliance with the DLR issued permit is considered a requirement of this general permit. Any deviation from the DLR issued permit, or amendments to the issued permit, that impacts water quality shall constitute a violation of the terms and conditions of this general permit. All erosion and sediment controls shall be inspected, and a respective written record of repairs and maintenance shall be available to DWQ inspectors. A signed copy of the issued permit including the approved erosion and sedimentation control measures and the reclamation plan shall be maintained on the site at all times. Once an area is released by the Division of Land Resources in accordance with NC G.S. Chapter 74, Articie 7, it shall no longer be subject to this general permit. 3. 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) Management of Stormwater Runoff and Runon. The permittee shall maintain stormwater BMPs for mine excavation and disturbance areas, process areas, and any other areas associated with mining or vehicle maintenance activities. In addition, controls should be used to limit or isolate selected land disturbance and process areas and limit the amount of off site stormwater runon to those areas. Appropriate Best Management Practices (BMPs) should be used to divert, infiltrate, reuse or otherwise manage stormwater runoff and runon in a manner that reduces pollutants in stormwater discharges leaving the site. Appropriate BMPs may include but are not limited to: vegetative swales, berms, use of reclaimed mine areas, and reuse of collected stormwater (such as for an industrial process or as an irrigation source). (b) BMP Controls Inspection and Maintenance. All stormwater controls shall be inspected. All inspections are to be documented with a written record of repairs. BMPs shall be inspected by or under the direction of the permittee at least once every seven calendar days and within 24 hours after any storm event that results in a discharge, unless the site is inactive. Reduced Inspections for inactive mines: For inactive mines that have obtained an "Inactive Renewal" Mining Permit from DLR, BMPs must be inspected at least once every month, and within 24 hours of any storm event of 0.5 inches or more. For mines where active mining has suspended temporarily, but the mine maintains an active Mining Permit from DLR, the permittee must certify to DWQ that all portions of the site where clearing, grading, and/or excavation activities have temporarily ceased have been stabilized with vegetation, and may then conduct BMP inspections within 24 hours of any storm event that results in a discharge (no weekly minimum). The permittee must send certification to the DWQ Regional Office of "inactive" status and may be subject to an inspection for verification. The permittee must also notify the Regional Office upon resuming mining activities. A rain gauge and monitoring records are to be kept on site. BMPs shall be operated and maintained. BMPs must be cleaned out when sediment storage capacity is at 50% permitted volume. If visible sedimentation is leaving the property, corrective Part III Page 2 of 16 Pages Permit No. NCG020000 action shall be taken to reduce the discharge of sediments. Visible sedimentation shall be recorded with a brief explanation of measures taken to prevent future releases, as well as any measures taken to remove the sediment that has left the site. Visible sedimentation records shall be kept onsite. All other stormwater specific controls (e.g. oil/water separators) shall be inspected and qualitatively monitored (as per Part 111. D) on a semi-annual schedule. A log of all sampling data, including activities taken to implement BMPs associated with vehicle maintenance activities, shall be maintained and incorporated into the SPPP and kept onsite and available for inspection purposes. These items shall be available for the duration of the permit term and made available to the Director upon request. These data shall be sent to the Regional Office upon request. (c) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title Ill of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism), and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (S) years. 4. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. S. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall ensure equipment used during mining activity on a site must be operated and maintained to prevent potential pollution of the surface water or groundwaters of the state. Fuels, lubricants, coolants, hydraulic fluids, or any other petroleum products shall not be discharged on the ground or into surface waters. Spent lubricants and fuels shall be disposed of properly and in accordance with applicable federal disposal regulations. Spilled fluids shall be cleaned up to the maximum extent practicable and properly disposed of to prevent entry to surface waters or groundwaters of the state. The program shall establish schedules of inspections, maintenance, and housekeeping measures for vehicle maintenance and industrial activity areas (including material storage and handling areas, Part III Page 3 of 16 Pages Permit No. NCG020000 disposal areas, process areas, loading and unloading areas, and haul roads), where not already addressed under another element of this Plan. Schedules for inspections, maintenance, and housekeeping, and documentation that these program elements are being implemented, shall be recorded and maintained in the SPPP. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. Additional required training items include: used oil management, spent solvent management, disposal of spent abrasives, disposal of vessel wastewaters, fueling procedures, sanding, painting and blasting procedures, and used battery management. 7. 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. 8. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance that has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred. The annual update shall include written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall 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 VI, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. 9. Plan Implementation. The permittee shall implement the Plan and all appropriate BMPs to ensure that contaminants do not enter surface waters via stormwater that comes in contact with any unstabilized overburden, raw materials, intermediate products, finished products, byproducts or waste products located on the site covered by this permit. Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on - site for a period of five years and made available to the Director or the Director's authorized representative immediately upon request. SECTION B: STORMWATER DISCHARGES: ANALYTICAL MONITORING REQUIREMENTS Stormwater discharges are defined as stormwater from mining activity areas, including (but not limited to) areas of mine excavation, other land disturbance, process areas, and vehicle maintenance. This section does not apply to wastewater discharges from mine dewatering Part III Page 4 of 16 Pages Permit No. NCG020000 and process areas. Analytical monitoring for stormwater discharges shall be performed for parameters as specified in Tables 1 through 3. All analytical,monitoring shall be performed during a representative storm event as defined below. Monitoring Exemption Analytical monitoring is not required for any basin or pond designed to contain the 25-year, 24- hour storm (see Part VI1, Definitions) without discharging, and that can regain capacity to hold such an event within five (5) days' time through means other than discharge to surface waters. A basin or pond that meets this provision is considered a non -discharging stormwater control. Table 1. Analytical Monitoring Requirements for stormwater Discharges from Mining Activities Discharge:' Characteristics [lnits Measurement Frequencyl Sample Type2 Sample Location3 Settleable Solids MI/1 Semi-annual Grab SDO Total Suspended Solids m l Semi-annual Grab SDO Turbidit 4 NTU Semi-annual Grab SDO, or U,D4 Total Rainfa115 inches Semi-annual -- -- Event Durations minutes Semi-annual Estimate -- Total Flow6 MG Semi-annual Estimate SDO Footnotes: 1. Measurement Frequency: Twice per year during a representative storm event, as defined for this permit. Failure to comply with semi-annual monitoring in accordance with permit terms for any six-month monitoring period irranediately triggers monthly monitoring for the remaining permit term. 2. Grab samples shall be collected within the First 30 minutes of discharge. For sites where multiple outfalls are separated by distances that preclude collection within 30 minutes of each discharge event is not feasible, begin collection procedures within 30 minutes and continue until all outfalls with discharges are sampled. Documentation explaining why it was not possible to take samples within the first 30 minutes must be kept in the SPPP. 3. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted and documented by the Division of Water Quality. A copy of the letter granting ROS shall be kept on site. 4. Turbidity may be monitored at the Stormwater Discharge Outfall. Alternatively, the permittee may choose to monitor turbidity in the receiving water, directly upstream and downstream of the stormwater discharge outfall(s). S. 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. 6. Total flow shall be: (a) measured continuously, or (b) calculated based on the amount of area draining to the outfall, the amount of impervious area, and the total amount of rainfall, or (c) estimated by the measurement of Flow at 20 minute intervals during the rainfall event. Total rainfall precipitation and duration of the rainfall event refers to the representative storm event sampled. All analytical monitoring shall be performed during a representative storm event attach stormwater discharge outfall [SDO). The permit allows the permittee to monitor turbidity at the SDO or up- and downstream of the SDO; however, the permittee should consider regular turbidity sampling up- and downstream of the discharge(s) when feasible to ensure compliance with water quality standards. Part III Page 5 of 16 Pages Permit No. NCG020000 A representative storm event for the purposes of this General Permit is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 48 hours. One storm event may have a time period within it that has no precipitation. This time period may last up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. The permittee shall complete the analytical samplings in accordance with the schedule specified in Table 2. A minimum of 60 days must separate each sample event unless monthly monitoring has been instituted under a Tier 2 response. Failure to comply with semi-annual monitoring in accordance with permit terms for any six-month monitoring12eriod immediately triggers monthly monitoring for the remaining permit term, unless adverse weather conditions prevent sample collection during the sample collection period. Inability to sample due to adverse weather conditions must be documented in the SPPP with date, time and written narrative (see Adverse Weather in Definitions) and reported on the Annual Summary DMR. Table 2. Monitoring Schedule Semi-annual 'Monitoring Eventsl',z 'Start Date (All'Years)3' End Date (All'Years) 3 1 January 1 June 30 2 July 1 December 31 Footnotes: 1. Maintain semi-annual monitoring during permit renewal process (unless tiers prompt monthly). 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 monitoring until the renewed Certificate of Coverage is issued. 2. If no discharge occurs during the sampling period, the permittee must record "No Flow" or "No Discharge" within 30 days of the end of the six-month sampling period in the SPPP. "No Flow" or "No Discharge" shall be reported on the Annual Summary Discharge Monitoring Reports (DMR). This DMR is to be submitted to the Division's Central Office by March 1 of each year. 3. Monitoring periods remain constant throughout the five-year permit term (from January 1, 2010 to December 31, 2014). In all cases, the permittee shall report (as required in Part IV, Section E.) the analytical results from each sample within the monitoring period. The permittee shall compare those results to the benchmark values in Table 3. Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, send the monthly monitoring results to the appropriate Regional Office, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of tiered response actions. Table 3. Benchmark Values for Stormwater Discharges Discharge Characteristics Benchmark Values Settleable Solids 0.1 ml Total Suspended Solids (TSS) 100 mg/1 TSS ORW, H W, trout, and PNA waters 50 m ] Turbidity N/A See below Part III Page 6 of 16 Pages Permit No. NCG020000 The discharge shall not cause the turbidity of the receiving water to exceed Water Quality Standards: 10 NTU freshwater streams, lakes, and reservoirs designated as trout waters 25 NTU all lakes and reservoirs, and all salt waters 50 NTU all other streams and surface waters If turbidity of the receiving stream exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. If the turbidity exceeds these levels as a result of stormwater discharges, the permittee must immediately institute Tier 2 response actions, including monthly monitoring of all stormwater discharge outfalls to the receiving waters. The permit allows the permittee to monitor turbidity in the effluent or up- and downstream of the discharge point; however, the permittee should consider regular turbidity sampling up- and downstream of the discharges) when feasible to ensure compliance with water quality standards. '-Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value 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, 6. Send all monitoring results for that sample period to the appropriate DWQ Regiona{ Office. Part III Page 7 of 16 Pages Permit No. NCG020000 Tier Two If: During the term of this permit, the first valid sampling results from two (2) consecutive monitoring periods are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall; Then: The permittee shall 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two (2) consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three (3) consecutive samples are below the benchmark values or within the benchmark range. 3. Send all monthly monitoring to the appropriate DWQ Regional Office. 4. If no discharge occurs during the sampling period, the permittee is required to record "No Flow" or "No Discharge" in the SPPP for the sampling the period to comply with monthly monitoring requirements and must submit reports in accordance with this permit. 5. Maintain a record of Tier Two responses in the Stormwater Pollution Prevention Plan. Tier Three During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four (4) occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may but is not limited to: • Require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • Rescind coverage under the General Permit, and require that the permittee to apply for an individual stormwater discharge permit; • Require the permittee to implement in -stream Turbidity Monitoring (U,D) • Require the permittee to install or modify structural stormwater controls; or • Require the permittee to implement other stormwater control measures SECTION C: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS (STORMWATER DISCHARGES) Facilities which have any on -site vehicle maintenance activity that uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4. This monitoring shall be performed at all outfalls discharging stormwater runoff from vehicle maintenance areas, and in accordance with the Part Ill Page 8 of 16 Pages Permit No. NCG020000 schedule presented in below. All analytical monitoring shall be performed during a representative storm event as defined for this General Permit, unless adverse weather conditions prevent sample collection during the sample collection period. Inability to sample due to adverse weather conditions must be documented in the SPPP with date, time and written narrative (see Adverse Weather in Definitions) and reported on the Annual Summary DMR. Table 4. Analytical Monitoring Requirements from On -Site Vehicle Maintenance Areas Discharge Characteristics Units Measurement Tre uenc 1 Sample Type2 Sample Location3 H standard Semi-annual Grab SDO Total Petroleum Hydrocarbons (TPH) EPA Method 1664 SGT-HEM mg/I Semi-annual Grab SDO Total Suspended Solids TSS m I Semi-annual Grab SDO Total Rainfal14 inches Semi-annual Grab -- Event Duration4 minutes Semi-annual Estimate -- Total Flows MG Semi-annual I Estimate SDO New Motor Oil Usage gallons/month] Semi-annual t Estimate - Footnote5: I. Measurement Frequency: Twice per year during a representative storm event (See Table 2). A minimum of 60 days must separate each event. Failure to comply with semi-annual monitoring in accordance with hermit terms for any six-month monitoring as i_Qd immediately trig ers monthly monitoring for the remaining permit term. 2. Grab samples shall be collected within the first 30 minutes of discharge. I Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from areafs) where vehicle maintenance activities occur. 4. For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. S. Total flow shall be: (a) measured continuously, or (b) calculated based on the amount of area draining to the outfall, the amount of impervious area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total rainfall precipitation and duration of the rainfall event refers to the representative storm event sampled, In all cases, the permittee shall report (as required in Part IV, Section E.) the analytical results from each sample within the monitoring period. The permittee shall compare those results to the benchmark values in Table S. Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, send the monthly monitoring results to the appropriate Regional Office, and/or install stormwater Best Management Practices (BMPs) in a tiered program. The permittee shall comply with the required tiered response actions identified above. Table 5. Benchmark Values for On -Site Vehicle Maintenance Activities Discharge Characteristics -BenchmarkValues H within ran e the 6.0 — 9.0 Total Petroleum Hydrocarbons (TPH) 15 mg/1 Total Sus ended Solids (TSS) 100 m TS5 ORW, H W, trout, and PNA waters 50 m l Part III Page 9 of 16 Pages Permit No. NCG020000 SECTION D: QUALITATIVE MONITORING REQUIREMENTS (STORMWATER DISCHARGES) Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 6. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a representative storm event as defined for this General Permit, unless adverse weather conditions prevent sample collection during the sample collection period. Inability to sample due to adverse weather conditions must be documented in the SPPP with date, time and written narrative (see Adverse Weather in Definitions). Qualitative monitoring will be performed twice per year, in accordance with the schedule in Table 2. A minimum of 60 days must separate monitoring dates. Table 6. Qualitative Monitoring Requirements Discharge Characteristics Frequency2 Monitoring Location) Color Semi-annual SDO Odor Semi-annual SDO Clarity Semi-annual SDO Floating Solids Semi-annual SDO Suspended Solids Semi-annual SDO Foam Semi-annual SDO Oil Sheen Semi-annual SDO Deposition at or immediately below the outfall Semi-annual SDO Erosion at or immediately below the outfall Semi-annual SDO Other obvious indicators of stormwater pollution Semi-annual SDO Footnotes: 1. Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status (ROS), unless ROS is granted specifically for qualitative monitoring. A copy of any letter granting ROS shall be kept on site. 2. For any outfalls represented by SDOs with representative status for qualitative monitoring, qualitative monitoring is only required annually instead of semi-annually. Representative outfall status (ROS) specifically for qualitative monitoring may be granted for some stormwater outfalls and must be documented by the Division of Water Quality. Qualitative monitoring for all outfalls represented must still be performed annually at a minimum. Qualitative monitoring records shall not be turned into the Division except when requested. Qualitative monitoring records shall be maintained on site as part of the SPPP. Part III Page 10 of 16 Pages Permit No. NCGO20000 Qualitative monitoring is for the purposes of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP), assessing new sources of stormwater pollution, and prompting the permittee's response actions to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, DWQ may but is not limited to: • Require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • Rescind coverage under the General Permit, and require that the permittee to apply for an individual stormwater discharge permit; • Require the permittee to implement in -stream Turbidity Monitoring (U,D) • Require the permittee to install or modify structural stormwater controls; or • Require the permittee to implement other stormwater control measures SECTION E: WASTEWATER DISCHARGES: EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR MINE DEWATERING WASTEWATER & PROCESS WASTEWATER 1. MINE_DEWATERING_WASTEWATER Mine dewatering requirements apply to all mines that dewater from pits including quarries, clay brick, sand & gravel, borrow pits, and refractory mining, as well as mines with similar discharges. Note that for Construction Sand and Gravel or Industrial Sand mines, "mine dewatering" wastewater includes wet pit overflows caused solely by direct rainfall and groundwater seepage. During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge mine dewatering wastewater controlled in accordance with the conditions of this permit. Mine dewatering activities that have the potential to drain wetlands or other surface waters must have secured and implemented a Pumping Operation and Monitoring (O&M) Plan approved by the Division. Pumping O&M Plans shall include, but are not limited to: • Groundwater monitoring strategies to demonstrate the effect of pumping. • Detailed plans to maintain the surrounding hydrology that protects the affected streams and wetlands and the respective monitoring to demonstrate compliance. • The pumping regime deemed necessary to protect affected streams and wetlands. Alternative site specific pumping and monitoring regimes may be approved by the Division on a case -by -case basis. At the Division's discretion, approval of the Pumping O&M Plan may be required prior to coverage under this general permit. Analytical monitoring of mine dewatering wastewater shall be performed as specified below in Table 7. For each parameter, an effluent limitation is contained in Table 8. An exceedence of any of these limitations is a violation of the permit conditions and may be subject to enforcement action as specified in Part IV, Section A.2 of this permit. Part III Page 11 of 16 Pages Permit No. NCCO20000 Mine Dewatering Treatment System ATC Requirement: Engineered erosion and sedimentation control (E&SC) structures that sufficiently treat mine dewatering wastewater so that permit effluent limits are met and water quality is protected, do not require an Authorization to Construct (AtC) and may operate in accordance with Part 11, Sections A and B. Any additional treatment devices (other than erosion and sediment control structures) needed to meet permit limits and conditions are subject to Authorization to Construct (AtC) requirements. 2. PROCESS WASTEWATER Process wastewater includes, but may not be limited to, the water involved in the slurry transport, washing, sawing of mined material, air emissions control or processing exclusive of mining of sand, gravel and stone washing operations, dimension stone cutting operations, and air scrubbing and dust control operations. A) Overflow From Non -Closed -Loop Recycle Systems A "closed -loop" system is a wastewater recycle system where the only other water that may be added is either make-up water or precipitation that falls directly into the system. "Closed -loop" systems must operate at or below two feet of freeboard and must be designed to exclude stormwater runoff from draining into it. Non -closed -loop recycle systems may recycle water, but do not meet the above design criteria. During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge overflow from the process recycle wastewater systems that are not designed as closed loop recycle systems. Analytical monitoring of overflow from process recycle wastewater systems that are not designed as closed -loop recycle systems shall he performed as specified below in Table 7. For each parameter, an effluent limitation is contained in Table 8. For the purposes of this permit, overflow refers to a discharge of process wastewater as a result of a precipitation event. Non -Closed -Loop Recycle System ATC Requirement: Non -closed loop recycle systems do not meet the requirements for closed -loop recycle systems and are not designed and operated with two feet of freeboard. Authorization to construct and operate requirements (Part I1, Sections A and B) are applicable to non -closed -loop recycle systems. B) Other Treated Process Wastewater Discharges During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge treated process wastewater from mining operations. Treatment may involve conveyance through erosion and sedimentation control (E&SC) structures and/or other engineered treatment systems. Analytical monitoring of process wastewater shall be performed as specified below in Table 7. For each parameter, an effluent limitation is contained in Table B. An exceedence of any of these limitations will result in a violation of the permit conditions and may be subject to enforcement action as specified in Part IV, Section A.2 of this permit. Part III Page 12 of 16 Pages Permit No. NCG020000 Process Wastewater Treatment System ATC Requirement: Engineered Erosion and Sedimentation control (E&SC) structures that sufficiently treat process wastewater so that permit effluent limits are met and water quality is protected, do not require an authorization to construct (AtC) and may operate in accordance with Part II, Sections A and B. Any additional treatment devices (other than erosion and sediment control structures) needed to meet permit limits and conditions are subject to Authorization to Construct (AtC) requirements. Table 7. Monitoring Requirements for Wastewater Discharges in Section D - 1., 2., and 3. Discharge Characteristics :Units Measurement .Ere uenc 1 Sample T e 2 Sample 'Location 3 Type H2 Standard Quarterly Grab E All Settleable Solids2 MI/1 Quarterly Grab E All Total Suspended Solids2, 4 mg/1 Quarterly Grab E All Turbidit 2 NTU Quarterly Grab E or U,D All Fecal Coliform2. 5 col ml Quart Grab E All to SA waters Total Flow6 MG Quarterly - E All Footnotes: I. The monitoring frequency is quarterly (see Table 9) unless the effluent limitation in Table 8 is exceeded, at which time monthly monitoring will be required for that parameter for the remaining permit term. Failure to comply with qrter v monitoring in accordance with permit terms for any one calendar quarter immediately triggers monthly monitoring for all parameters for the remaining permit term. 2. A grab sample is not required for pH, settleable solids, TSS, turbidity, or fecal coliform from a basin/pond designed to contain or treat mine dewatering wastewater and that results from rainfall in excess of 10-yr, 24-hr storm (except this exemption is not available for mine dewatering of clay pits). 3. Sample Location: E - Effluent, or combined (U - Upstream, D - Downstream) 4. All facilities that are mining Industrial Sand are required to monitor TSS and are subject to the TSS limits in Table S. All other types of mines covered by this permit are also required to monitor TSS, but are notsubjectto the limits in Table 8. S. Only facilities discharging to waters classified as SA waters are required to monitor for this parameter 6, Total Flow volume shall be recorded by a continuous flow measurement instrument. Alternatively, pump curves and pump logs may be used as a means to calculate flow volume. Part 111 Page 13 of 16 Pages Permit No. NCGO20000 Table B. EFFLUENT LIMITATIONS FOR PROCESS WASTEWATER AND MINE DEWATERING WASTEWATER Discharge Characteristics Effluent Limitations Monthly Average Dail ,Maximum Settleable Solids 0.1 MI/1 0.2 ml 1 Total Suspended Solidsl 25 mgzl 45 mg/1 Total Suspended Solidsl (HQW 20 m l 45 m l Total Suspended Solidsl Trout waters & PNA waters 10 mgLI 45 mgZI H Ran e2 freshwaters -------- 6.0 - 9.0 H Ran e2 saltwaters ------- 6.8 - 8.5 Turbidi 3 -------- -------- Total Volume of Wastewater Discharged (HQW)4 ------- 50% of 7Q10 flow4 Footnotes: 1. Applicable to industrial Sand mining. Monthly Average Limit for discharges to waters designated as HQW waters is 20 mg/l and 10 mg/l for trout waters and Primary Nursery Areas (PNAs) 2. Designated swamp waters can have a pH as low as 4.3 if due to natural conditions. 3. No limit in the effluent discharge applies, but turbidity in the receiving waters shall not exceed levels described below as a result of wastewater discharges. 4. The total volume of treated wastewater for all discharges combined shall not exceed 50 percent of the total in -stream flow of the receiving waters under 7Q10 conditions in HQW waters, including trout and PNA waters. The discharge shall not cause the turbidity of the receiving water to exceed Water Quality Standards: 10 NTU freshwater streams, lakes, and reservoirs designated as trout waters 25 NTU all lakes and reservoirs, and all salt waters 50 NTU all other streams and surface waters If turbidity of the receiving stream exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. If the turbidity exceeds these levels as a result of wastewater discharges, the permittee must immediately institute monthly monitoring for all parameters. The permit allows the permittee to monitor turbidity in the effluent or up- and downstream of the discharge point; however, the permittee should consider regular turbidity sampling up- and downstream of the discharge(s) when feasible to ensure compliance with water quality standards. The permittee shall complete the analytical samplings of wastewater discharges in accordance with the schedule specified in Table 9. Failure to comply with quarterly monitoring in accordance with permit terms for any one calendar quarter immediately triggers monthly monitoring for all parameters for the remaining permit term. Part III Page 14 of 16 Pages Permit No. NCG020000 Table 9. Monitoring Schedule Quarterly 'Monitoring�Eventsl,z Start.Date (All Years)3 End Date (All'Years) 3 1 January 1 March 31 2 Aril 1 June 30 3 Jul 1 September 30 4 October 1 December 31 Footnotes: 1. Maintain quarterly monitoring during permit renewal process (unless an exceedence or failure to monitor prompts monthly monitoring). 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 monitoring until the renewed Certificate of Coverage is issued. 2. If no discharge occurs during the sampling period, the permittee must record "No Flow" or "No Discharge" within 30 days of the end of the three-month sampling period in their SPPP. No Flow" or "No Discharge" shall be reported on the Annual Summary Discharge Monitoring Reports (DMR). This DMR is to be submitted to the Division's Central Office by March 1 of each year. 3. Monitoring periods remain constant throughout the five-year permit term (from January 1, 2010 to December 31, 2014]. 3. OVERFLOW FROM A CLOSED -LOOP PROCESS RECYCLE (CLPR) WASTEWATER SYSTEM DESIGNED TO OPERATE WITH MINIMUM OF TWO FEET f2'1 OF FREEBOARD A "closed -loop" system is a system where the only water that can be added must be either make- up water or precipitation that falls directly into the system. The system must operate at or below two feet of freeboard. The system must be designed to exclude stormwater runoff from draining into it. During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge overflow from closed -loop process wastewater recycle systems designed and operated with two feet of freeboard during normal operation. For the purposes of this permit, overflow refers to a discharge that occurs as a result of a precipitation event that over -tops the two feet of freeboard and is associated with any of the following: a) Sand, Gravel, and Stone Washing Operations b) Dimension Stone Cutting Operations c) Crusher Dust Control Operations No analytical monitoring is r Quired for oyerflow from closed -loop process recycle CUM wastewater systems &Nigned to operate with two feet offreeboard. Closed -Loop Process Recycle Wastewater System ATC Requirement: Authorization to construct and operate requirements (Part 11, Sections A and B) are not applicable to a closed -loop process recycle wastewater systems that satisfy these design criteria. Part III Page 15 of 16 Pages Permit No. NCG020000 4. BMP Conditions a) The permittee shall utilize best management practices (BMPs) to ensure that contaminants do not enter the surface waters as a result of blasting at the site. b) Flocculants evaluated by the Division maybe used if administered in accordance with maximum application doses and any other current requirements. 5. Residual Management The residuals generated from treatment facilities used to meet the effluent limitations must be disposed of in accordance with applicable standards and in a manner such as to prevent any pollutants from such materials from entering waters of the state or navigable waters of the United States. Part III Page 16 of 16 Pages Permit No. NCG020000 PART IV - STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance,$chedule 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 111, Section A, Paragraph 3(c) 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 III, Section A, Paragraph 3(c) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. Duty to Comply The permittee must comply with all conditions of this General Permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for certificate of coverage termination, revocation and reissuance, or modification; or denial of a certificate of coverage upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] c. Linder state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may he assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed $25,000. Penalties for Class 11 violations are not to exceed $10,000 Parts IV, V, and VI Page 1 of 9 Pages Permit No. NCG020000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $125,000. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize.or prevent any discharge in violation of this General Permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Section D 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; 143-215.6B,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 Liability 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. Severa i it 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. D-uly 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 he 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 conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. ification of Reports Parts IV, V, and VI Page 2 of 9 Pages Permit No. NCG020000 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 1. General Permit, Expiration The permittee is not authorized to discharge after the expiration date. In order 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 IISC 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 maybe necessary under the Clean Water Act. Permittee is required to notify the Division within 90 days in the event the permitted facility is sold or closed. 3. {W en.aa Individual _> ermit 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 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; 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; C. 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; f. 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 Parts IV, V, and VI Page 3 of 9 Pages Permit No. NCG020000 owner/operator the applicability of this General Permit is automatically terminated on the effective date of the individual permit. 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 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 (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 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. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification; which shall not be modified in any way: "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. Genera( Permit Modification. Revocation and Reissuance. or Termination Parts IV, V, and VI Page 4 of 9 Pages Permit No. NCG020000 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. 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 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with 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 General Permit. N_eed_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. 3, Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of Stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under Section E of this Part. 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. Parts IV, V, and VI Page 5 of 9 Pages Permit No. NCG020000 SECTION D: MONITORING AND RECORDS 1. 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. 2. Recording 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. 3. Flow Measurem 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, Tgst 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. 5. RQpresentative 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 analytical sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Qualitative 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 Parts IV, V, and VI Page 6 of 9 Pages Permit No. NCG020000 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. If this volume of records cannot be maintained on - site, the documents must be made available to an inspector upon request as immediately as possible. Inspection anti 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. SECTION E; REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be recorded on Discharge Monitoring Report (DMR) forms provided by the Director. Annual Summary DMRs shall be delivered to the Division (Central Office) no later than March 1 of each year (See 2. of this Section). In addition, any samples analyzed in accordance with the terms of this permit that violate a wastewater effluent limit or exceed a stormwater benchmark value shall be submitted to the Division Regional Office on a DMR form and delivered to Division Central Files no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from one or more outfalls during the report period, the permittee is required to record "NO FLOW" or "NO DISCHARGE" in the SPPP within 30 days of the end of the sampling period."No Flow" or "No Discharge" information shall be reported on the Annual Report DMR. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division, and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific direction to do so. The permittee shall include the signed certification statement described in Part IV, Section B.5.c. 2. Submitting Reports (3 copies) Two signed copies of an Annual Summary Discharge Monitoring Report (DMR) shall be submitted to DWQ no later than March 1 of each year. They shall be submitted to: Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Parts IV, V, and VI Page 7 of 9 Pages Permit No. NCG020000 One signed DMR form with wastewater effluent limit violations or benchmark value exceedences shall be sent to the appropriate DWQ Regional Office no later than 30 days from the date the facility receives the sampling results from the laboratory. One copy of all tiered (stormwater) response forms shall also be sent to the appropriate DWQ Regional Office no later than 30 days from the date the facility receives the sampling results from the laboratory. All stormwater outfall parameters shall be monitored and recorded during that monitoring period. Addresses for each RO and the counties covered by each RO can be found here: htW-,I/M3M.enr.state,nc.us/htinllregionalo.f.fices,htmi. The permittee shall retain the completed originals on site. Qualitative monitoring results should not be submitted to the Regional Offices or Central Files unless specifically requested by DWQ. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-21.5.613 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. S. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the General Permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated NgnCompliance 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. 7. Bypass 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. B. Iwenty-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 Parts IV, V, and VI Page 8 of 9 Pages Permit No. NCG020000 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. aal-1is The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined in Part Vil of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 11. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this General Permit or in any report to the Director, it shall promptly submit such facts or information. PART V - 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 VI - 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. Parts IV, V, and VI Page 9 of 9 Pages Permit No. NCG020000 PART V1I - DEFINITIONS 1. Act See Clean Water Act. 2. Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event and the rationale must be included with your SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must be explained on the Annual Summary DMR Report and recorded and explained in the SPPP records. 3. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 4. Allowable Non-Stormwater Discharges a. This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. S. Best Management Practices BMPsl Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: http://cfpub.epa.gov/npdes/stormwater/menuofbmps/indox.cfm. 6. Bvnass 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. 7. Bulk Stage 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. 8. Certificate of Coverage Part VII Page 1 of 6 Permit No. NCG020000 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 hasin, effective date of coverage under the permit and is signed by the Director. 9. Clean Water AQ The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq, 10. Division or DWQ The Division of Water Quality, Department of Environment and Natural Resources. 11. Director The Director of the Division of Water Quality, the permit issuing authority. 12. LMC The North Carolina Environmental Management Commission, 13. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 14. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 15. inactive Mining Operations Mining Sites that are not being actively mined, but which have an identifiable owner/operator; inactive mining sites do not include sites where mining claims are being maintained prior to disturbances associated with the extraction, benefaction, or processing of mined materials, nor sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim. 16. 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 in)ection well, a hazardous waste long-term storage facility or a surface storage facility. 17. Mine Dewatering Wastewater Mine Dewatering Wastewater includes any water that is impounded in, or that collects in, the mine and is pumped, drained or otherwise removed from the mine through the efforts of the mine operation. In Construction Sand and Gravel or Industrial Sand mines, "mine dewatering" wastewater also includes wet pit overflows caused solely by direct rainfall and groundwater seepage. Discharges of commingled process wastewater and mine dewatering wastewater from the facilities shall be deemed discharges of process wastewater. Part VII Page 2 of 6 Permit No. NCG020000 18. MuaL ap l e a}�rate Storm Sewer system A stormwater collection system within an incorporated area of local self-government such as a city or town. 19. 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) 20. 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. 21. 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 22. Perrmittee The owner or operator issued a certificate of coverage pursuant to this General Permit. 23. Point Source Discharge gf $tormwater 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. 24. Process Wastewater Process Wastewater includes any wastewater used in the slurry transport, washing, sawing of mined material, air emissions control or processing exclusive of mining. This water shall also include any other water which becomes commingled with such wastewater in a pit, pond, lagoon, mine or other treatment facility for such wastewater. 25. Representative Storm Event A representative storm event for the purposes of this general permit is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 48 hours. One storm event may have a time period with no precipitation. This time period may last up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. 26. 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. Part VI Page 3 of 6 Permit No. NCG020000 Representative outfall status allows the permittee to perform analytical monitoring (and in some cases qualitative monitoring) at a reduced number of outfalls. 27. RinsQ Water D' 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 28. 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. 29. SeCtiQn 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title 111, Section 31.3 reporting requirements; and C. Meets at least one of the following criteria: (1) Is listed in appendix D of 40 CFR Part 122 on Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as, a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 30. 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. , 31. aignificant 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 Ill of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 32. Significant Spills Part VII Page 4 of 6 Permit No. NCG020000 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). 33. SStQr water Discharge Outfall (SDO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 34. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 35. Stormwater Asso-Liated 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. 36. 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. 37. 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. 38. Total Maximum Daily, Load (TMDL) TM DLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. (A list of approved TMDLs for the state of North Carolina can be found at http://h2o.enr.state.nc.us/tmdl/) 39. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 40. Treatment Facilities Treatment facilities include any pit, pond, lagoon, basin, mine or containment structure used to treat or contain process wastewater generated on mine sites. They must be used to meet Effluent Limitations and are not Stormwater Best Management Practices (BMPs). 41. VQhfcle Maintenance Activity Part VII Page 5 of 6 Permit No. NCG020000 Vehicle or vessel rehabilitation, mechanical repairs, painting, fueling, lubrication, cleaning operations, or airport deicing operations. 42. 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. 43. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VII Page 6 of 6