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HomeMy WebLinkAboutNCG080060_COMPLETE FILE - HISTORICAL_19921117STORMWATER DIVISION CODING SHEET RESCISSIONS PERMIT NO. N,C�%'000U�O DOC TYPE ❑COMPLETE FILE -HISTORICAL DATE OF RESCISSION ❑ YYYYMMDD 1-aJ �A�ib u.) I. M P-PA yJ k7EYL pn� kk t State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor A. Preston Howard, Jr., P. E. William W. Cobey, Jr., Secretary Acting Director November 17, 1992 Terry S. Lauck P0Box 4784 Houston, TX 77210 Subject: General Permit No. NCG080000 Conoco Store #33066 COC NCG080060 Mecklenburg County Dear Mr. Lauck: In accordance accordance with your application for discharge permit received on October 29, 1991, we are forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES general permit. Issuance of this certificate of coverage supersedes the individual NPDES permit No. NC0065072. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Environmental Management. The Divsion of Environmental Management may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect.the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. Pollution Prevention Pays P.D. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer I'l �f If you have any questions concerning this permit, please contact Mr. Charles Alvarez at telephone number 919/733-5083. sinpefoTv, l Preston How , r. cc: Mr. Jim Patrick, EPA Mooresville Regional Office NPDES WASTE LOAD ALLOCATION A/CG0906(00 PERMIT NO.: tieO06507-2- PERMITTEE NAME: Kayo Oil Company FACILITY NAME: Conoco Store 433066 Facility Status: Existing Permit Status: Renewal Major Minor Pipe No.: 001 Design Capacity: N/A MGD** Domestic (% of Flow): 0 % Industrial (% of Flow): 100 % „ Comments: Now a-Ak w ��-f "Oil/water separator, dependent on rainfall. 1�0 00,14,Wcc- i&_;� RECEIVING STREAM: an unnamed tributary to Irwin Creek Class: C LA Sub -Basin: 03-08-34 Reference USGS Quad: G 15 NW (please attach) County: Mecklenburg Regional Office: Mooresville Regional Office Previous Exp. Date: 11/30/91 Treatment Plant Class: I Classification changes within three miles: No class chance Requested AIY42�1_ Charles M. Lowe Prepared bReviewedf Gt 0pb w -ZUA Date: 12/20/91 Date: 5l 1 9 z-- Date: S 1 a- a - 0 Modeler Date Rec. I # 5M� wz z-r ei d 6604 Drainage Area (mil Avg. Streamflow (cfs): D.y 7Q10 (cfs) o, o Winter 7Q10 (cfs) G'. 0 30Q2 (cfs) D, v Toxicity Limits: IWC % Acute/Chronic Instream Monitoring: Parameters Upstream Location Downstream Location Effluent Characteristics nn BOD5 (mg/1) NH3-N (mg/1) D.O. (mg/l) TSS (mg/1) S" 1 F. Col. (/100 ml) pH (SU) G — 9 f f (,A r1v SO / h ri I v �� — ,/v� Yi _ i ` •+tiers r 3&99 - 'r 5n {�� �:o �� t"� "•• I o� , 1 �.� -GAR�Y t• y' +pi' n 1 � ''¢ `'€*, 0.3 � ��titrJ "� •��' Fti' ' , � � Qcj if ham ���; �' � • IICr' _ �]� v� V Z jj.�. -� l � n� oRro �$ `, m. � 5t I �(6, L Cf o co Lo � _its•- � I �l „� ,,` �� rr, --i� � `� , } ). � '\\'': • �` �'"' \ • \. •� �� _ 1f�� c0�5 \ ' (sue, ..`J ` � f � ., (:r I ;�; �-�-!� "' - � � � � � ;I 3997 i r-'j �' •� r�C, 'i l -^c. -'� - ��11} ��oo--'L�� v, �,y�` V,\l •�� ( ��/,' �• ,al °_ ��- �' ��/ /J� •� p/ W J� J � r � ,5�`� �����+f—4'�.�If! �O�' �. f 4r �TL.�e � ` � . 164 ' �� • � ? t- 1 •�•! F� �k�� b 1 r: �'I 1 �� � i`I'•,��h�~ � � ._ j � � ���. r. �� `� t i _��� L.■ \.\ �� {r. {] \ I ✓' L sJn er oG^ �J ` 4 3ES6 .,_ �,• -r1�-, - `� � •f �'•:�:` �`�� 3 ;J , �r �-��� c�� �. �.���i� �1' 12 30 �1 :f , �` f\�✓ � 0- � � d?3nes Sci� - � % �Q ' ��' ��yUr _ i - %/,C, On i%r � TJ,, 1 � °�; � �--� � )�; �. r, r„ � .� r`` :�, .`� • , .tea, o 109 LLJ ng 3893 �r�-'-.'\s ' lam, \ n0° - �•''.,---i,-�.. •, �\ -,•,, • ��a� � •tr �i► � o N. ':ter �� :�- '�•• 4'� FACT SHEET FOR WAST'ELOAD ALLOCATION RequesObEPr. c6686rURAL Facility Name: Conoco Store #33066 RESOURCES AND NPDES No.: NCO065072 COMMUNITY )DEVELOPMENT Type of Waste: Industrial - 100% Facility Status. Existing MAR 2 4 1992 Permit Status: Renewal Receiving Stream: UT Irwin Creek IMSION OF EHYlROMMA RAN'S"'11 Stream Classification: C MOQRES4ILLE REGIONAL 5FFICE Subbasin: 030834 County: Mecklenburg Stream Characteristic: Regional Office: MooresvilleNkA USGS # Requestor: Lowe Date: Date of Request: 12/27/91 Drainage Area (mi2): 0.01 Topo Quad: G15NW Summer 7Q10 (cfs): 0.0 Winter 7Q10 (cfs): 0.0 Average Flow (cfs): 0.0 30Q2 (cfs): 0.0 IWC (%): Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Facility requesting renewal of existing permit for treated wastewater from an oil/water separator. Special Schedule Requirements and additional comments from Reviewers: Recommended by: Reviewed by Instream Assessment Regional Supervisor: Permits & Engineerir. RETURN TO TECHNICAL SERVICES BY: APR .1.8 1992 3/17/92 Existing Limits: Wasteflow (MGD): Oil & Grease (mg/1): TP (mg/1): TN (mg/1): Recommf,ndtd Limits: Wasteflow (MGD): Oil & Grease (mg/l): TSS (mg/1): Turbidity (NTU) pH (SU): -Gil -&-6 as4 -- TP-(rnpW CONVENTIONAL PARAMETERS Da. Avg. nol 30 Da. Max. nol 45 45 50 6-9 Da. Max. Limits Changes Due To: Change in 7Q10 data Change in stream classification Relocation of discharge Change in wasteflow Other (onsite toxicity study, interaction, etc.) lnstream data New regulations/standards/procedures New facility information Frequency 1/yr � ��Cl1� YrO4 avyCtit 1/yr 1/yr `�'� iMg►'t`�i� f� 1/yr Parameter(s) Affected O&G, TSS, Parameter(s) are water quality limited. For some parameters, the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed. s No parameters are water quality limited, but this discharge may affect future allocations. 3 INSTREAM MONITORING REQUIREMENTS Upstream Location: Downstream Location: Parameters: Special instream monitoring locations or monitoring frequencies: MISCELLANEOUS INFORMATION & SPECIAL CONDITIONS AAddNuacy of Existing Treatment Has the facility derp&strated the ability to meet the proposed new limits with existing treatment facilities? Yes ✓ No If no, which parameters cannot be met? Would a "phasing in" of the new limits be appropriate? Yes No —• If yes, please provide a schedule (and basis for that schedule) with the regional office recommendations: If no, why not? Special Instructions or Conditions Wasteload sent to EPA? (Major) N (Y or N) (If yes, then attach schematic, toxics spreadsheet, copy of model, or, if not modeled, then old assumptions that were made, and description of how it fits into basinwide plan) Additional Information attached? (Y or N) If yes, explain with attachments. GENERAL PERMITS COPIES OF PERMITS ARE TO BE SENT TO THE FOLLOWING: SIGNED ORGINAL TO APPLICANT ** SIGNED COPY TO CENTRAL FILES COPY TO REGIONAL OFFICE COPY TO P&E FILE COPY TO COMPLIANCE COPY TO WAKE COUNTY G-MPY TO MECKLENBURG COUNTY' COPY TO TRAINING & CERT.** **ATTACH COPY OF GENERAL PERMIT Eye f State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street - Raleigh, North Carolina 27611 James G. Martin, Governor William W. Cobey, Jr., Secretary November 17, 1992 Terry. S. Lauck P O Box 4784 Houston, TX 77210 A. Preston Howard, Jr., P. E. Acting Director Subject: General Permit No. NCG080000 Conoco Store #33066 COC NCG080060 Mecklenburg County Dear Mr. Lauck: In accordance with your application for discharge permit received on October 29, 1991, we are forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES general permit. Issuance of this certificate of coverage. supercedes the individual NPDES permit No. NC0065072. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. . Please take notice that this certificate of coverage is not transferable except after notice to the Division of Environmental Management. The Divsion of Environmental Management may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer u If you have any questions concerning this permit, please contact Mr. Charles Alvarez at telephone number 919f733-5083. cc: Mr. Jim Patrick, EPA Mooresville Regional Office "cerel Original Sijhed By Coleen H. Sullins A. Preston Howard, Jr. d STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DMSION OF ENVIRONMENTAL MANAGEMENT :u 1 � ►� ► i:iii1 STORMWATER DISCHARGES 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, Kayo Oil Company is hereby authorized to continue operation of an oil water separator and discharge stormwater from a facility located at Conoco Store #33066 605 Clanton Road Mecklenburg County to receiving waters designated as an unnamed tributary to Irwin Creek Creek in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I,11, III - and IV of General Permit No. NCGO80000 as attached. This certificate of coverage shall become effective November 17,1992 This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day November 17, 1992 Original Signed By Coleen H. Sullins A. Preston Howard, Jr., PE., Acting Director Division of Environmental Management By Authority of the Environmental Management Commission jj ism," All( -loop! low * f dz: Permit No. NCG080000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMIT (VEHICLE MAINTENANCE FOR TRANSPORTATION FACILITIES) TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by North Carolina Environmental Management Commission and the Federal Water Pollution Control Act as amended, All owners or operators of stormwater point source discharges from Vehicle Maintenance Areas (including vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication and equipment cleaning operations areas) associated with industrial activities classified as Local and Suburban Transit and Interurban Highway Passenger Transportation (Standard Industrial Classification Code [SIC 41]), Motor Freight Transportation and Warehousing (SIC 42), [except Public Warehousing and Storage (SIC 4221-4225)), Postal Service (SIC 43), other industrial activities where the vehicle maintenance area(s) is the only area requiring permitting, and Petroleum Bulk Stations and Terminals (SIC 5171) with total petroleum site storage capacity of less than 1 million gallons are hereby authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer systems conveying stormwater to surface waters. Also included in this permit are stormwater discharges from oil water separators and/or discharges from secondary containment structures associated with petroleum storage facilities with less than 1 million gallons total petroleum site storage capacity and/or discharges associated with vehicle maintenance operations at activities which are otherwise designated on a case -by -case basis as being required to be permitted, except as excluded below. Exclusions from Coverage: 1. vehicle maintenance areas associated with industrial activities classified as Railroad Transportation (SIC 40), Water Transportation (SIC 44), and Transportation by Air (SIC 45), and stormwater discharges from oil water separators associated with Petroleum Bulk Stations and Terminals (SIC 5171) with a total petroleum site storage capacity of greater than or equal to 1 million gallons. 2. Discharges of wash water from steam cleaning operations or other equipment cleaning operations. The General Permit shall become effective on September 1, 1992. The General Permit shall expire at midn �ht on August 31, 1997. Signed this day July 31, 1992.E 1 A. Preston Howard, Jr., .E., Acting Director Division of Environmental Management By the Authority of the Environmental Management Commission Permit No. NCGO80000 PERMITTED ACTIVITIES Until this permit expires or is modified or rescinded, permittees are authorized to discharge stormwater which has been adequately treated and managed in accordance with the terms and conditions of this General Permit to the surface waters of North Carolina or to a separate storm sewer system. All discharges shall be in accordance with the attached schedules as follows: Section A - Final Limitations and Controls for Stormwater Discharges Section 8 - Minimum Monitoring and Reporting Requirements Section C - Schedule of Compliance Standard Conditions for General Permits Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgement, or decree. General Permit Coverage All persons desiring to be covered by this General Permit must register with the DEM. 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 new discharge of stormwater associated with the industrial activity that has a point source discharge to the surface waters of the state or any existing discharge which will continue beyond October 1, 1992. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 days prior to the time the permit is needed or prior to October 1, 1992 for any existing 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 rescinded. 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 rescinded and coverage under this General Permit be provided. Permit No. NCG080000 PART I During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified below: 1. The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. The Plan shall include, at a minimum, the following items: a. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (1) 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. (2) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (3) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the. stormwater discharge. (4) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (5) 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 II, Standard Conditions, Section B #13. Page 1 of 27 Pages Permit No. NCGO80000 b. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following; (1) A study addressing the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to atormwater. wherever practicable the permittee shall cover all storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the' Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks and spills from contaminating atormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured 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. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (3) A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential -of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. (4) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the atormwater systems. C. Spill Prevention and Response Plan. The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. facility personnel (or team) responsible for implementing the plan shall be identified in the plan. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater Page 2 of 27 Pages Permit No. NCG080000 runoff through spills or exposure of materials associated with the facility operations. d. 'Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. e. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified in the plan. 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(s) assignments provided. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. This Plan shall be considered public information in accordance with Part II,Standard Conditions, Section E.$. of this general permit. Page 3 of 27 Pages 2. Specific Limitations and Monitoring Requirements. Stormwater discharges from secondary containment structures associated with Petroleum Bulk Stations and Terminals and stormwater discharges from oil water separators shall be limited and monitored by the permittee as specified below: Stormwater Discharge Characteristics Measurement Sample Sample Freg3 ei ncv_1 Tvne Location2 Total Flow3 MG 1/year SDO Oil and Grease 45 mg/l 1/year Grab SDO Total Suspended Solids 45 mg/l 1/year Grab SDO Turbidity4 50 NTU 1/year Grab SDO Phenols5• ug/l 1/year Grab SDO pH 5.0 to 9.0 Standard 1/year Grab SDO 1 Measurement Frequency - 1/year - shall mean stormwater runoff associated with petroleum bulk stations and terminals shall be sampled once within six months of certificate of coverage issuance and, where possible, prior to implementing BMPs and development of the BMP Plan at existing operations. Thereafter, sampling shall be conducted four times during the remaining permit term at -intervals of greater than nine months apart and collected during the months of April through November. 2 Sample Locations: SDO - Stormwater Discharge Outfall 3 Total flow shall be measured continuously or calculated based on the amount of area draining to the outfall, the amount of built -upon area, and the total amount of rainfall or estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the event measured shall be a representative storm event. 4 Turbidity required only for discharges into zero low flow streams. 5 Phenols required only for discharges into water supply streams. Storm Event units Monitoring Requirements Charactaristie Total Event Precipitation inches 1/year Event Duration hours 1/year Permit No. NCGO80000 PART I (unless otherwise approved in writing by the Director of the Division of Environmental Management) 1. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. Implementation of the plan shall include documentation of all sampling, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities 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 his authorized representative immediately upon request. 2. 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 II, Standard Conditions, Section B, #12) to the Director that the changes have been made. 3. Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September -November) and once during spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. 4. Sample collection and visual monitoring for color, foam, outfall staining, visible sheens and dry weather flow, shall be performed at all stormwater discharge outfall locations. If a facility has multiple discharge locations that are required to be sampled, the permittee may petition the Director to sample at a reduced number of outfalls if it is established that the stormwater discharges are substantially identical. Visual observations shall be recorded for all outfall locations. 5. For purposes of the stormwater sampling required in this permit, all samples shall be collected from a discharge resulting from a representative storm event (See Part II, Standard Conditions, Section A). Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. If the stormwater runoff is controlled by a detention pond, the following sampling requirements shall apply: a. If the detention pond detains the runoff generated by one inch of rainfall for 24 hours, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of the discharge. Page 5 of 27 Pages Permit No. NCGO60000 b. If the detention pond discharges only in response to a storm event exceeding a ten year design storm (See Part II,,Standard Conditions, Section A), visual observations for color, foam, outfall staining, visible sheens, and dry weather flow are required, but analytical sampling shall not be required. C. If the detention pond discharges only in response to a storm event exceeding a 25-year, 24-hour storm (See Part II, Standard Conditions, Section A), the pond shall be considered a non -discharging stormwater control system and not subject to NPDES requirements, unless the discharge -causes a violation of water quality standards. 6. Samples analyzed in accordance with the terms of this permit shall be submitted on forms provided by the Director no later than January 31 for the previous year in which sampling was required to be performed. Page 6 of 27 Pages 7. Specific Monitoring Requirements. a. Stormwater discharges from any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall be monitored by the permittee as specified below: Stormwater Discharge Characteristics Measurement Sample Sample Frequ ei ncvl T= Lanat i on2 Total Flow3 MG 1/year SDO Oil and Grease mg/1 1/year Grab SDO Lead, Total Recoverable4 ug/l 1/year Grab SDO Ethylene glycol mg/1 1/year Grab SDO Detergents (MBAS)5 mg/1 1/year Grab SDO PH Standard 1/year Grab SDO New motor oil usage gallons/month 1/year Estimate 1 Measurement Frequency - 1/year - shall mean stormwater runoff associated with vehicle maintenance activity on - site of existing facilities shall be sampled once within six months of certificate of coverage issuance and, where possible, prior to implementing BMPs and development of the BMP Plan at existing operations. Thereafter, sampling shall be conducted four times during the remaining permit term at intervals of greater than nine months apart and collected during the months of April through November. 2 Sample Locations: SDO - Stormwater Discharge Outfall 3 Total flow shall be measured continuously or calculated based on the amount of area draining to the outfall, the amount of built -upon area, and the total amount of rainfall or estimated by the measurement of the flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the event measured shall be a representative storm event. 4 Applies only for facilities at which fueling occurs. 5Detergent monitoring is required only at facilities which conduct vehicle cleaning operations. Storm Event Units Characteristic Total Event Precipitation inches 1/year Event Duration hours 1/year Permit No. NCG080000 b. This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (1) All other discharges that are authorized by a non-stormwater NPDES permit. (2) 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. (3) Discharges resulting from fire -fighting. if the storm event monitored and reported in accordance with this general permit coincides with a non-stormwater discharge, the permittee shall separately monitor and report all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Page 8 of 27 Pages Permit No. NCGO80000 PART I 1. The permittee shall comply with Final Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the certificate of coverage issued pursuant to this general permit and updated thereafter on an annual basis. Secondary containment, as specified in Part I, Section A, 1. b. 2. of this permit, shall be accomplished within 12 months of the effective date of the certificate of coverage. New Facilities: 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 I, Section A, 1. b. 2. of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater controls at optimum efficiency. Page 9 of 27 Pages Permit No. NCG080000 PART II STANDARD CONDITIONS FOR NPDES STORMWAT&R GENERAL PERMITS 1. n or nWA The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. a. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). C. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. �Mxr--Krw* .. 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 having a total storage capacity of greater than 1,320 gallons. The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Page 10 of 27 Pages Permit No. NCG080000 The rainfall runoff from or through any coal storage pile. The Division of Environmental Management, Department of Environment, Health and Natural Resources. a. nirPntnr The Director of the Division of Environmental Management, the permit issuing authority. 9. Lma The North Carolina Environmental Management Commission. Any substance designated under 90 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 11. Landf I I Z A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. • 11 V I • _ - • All municipal separate storm sewers that are either: a. Located in an incorporated place with a population of 100,000 or more as determined by the Decennial Census by the Bureau of Census; or b. Located in the counties with unincorporated urbanized populations of 100,000 or more, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or C. Owned or operated by a municipality other than those described in paragraph (a) or (b) and that are designated by the Director as part of the large or medium separate storm sewer system. 13. Qverburden 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. Page 11 of 27 Pages Permit No. NCGO80000 14. Parm;rt� ea The owner or operator issued a certificate of coverage pursuant to this general permit. . kwFopir-ID Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. i ..,, ATIZVol A storm event that is between 0.2 and 0.8 inches of rainfall and which has a duration of greater than 3 hours and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. 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. A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and c. That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either 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. Page 12 of 27 Pages Permit No. NCGO80000 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 CERCI.A; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 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). The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 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. The term does not include discharges from facilities or activities excluded from the NPDES program. For the categories of industries identified in (a) through (j) of this definition the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of'process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings;.storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater. For the categories of industries identified in (k), the term includes only stormwater discharges from all areas listed in the previous sentence.(except access roads) where material handling equipment or activities, raw material, intermediate products, final products, waste material, by-products, or industrial machinery are exposed to stormwater. Material handling activities include the: storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product. The term excludes areas located on plant lands separated from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with atormwater drained from the above described areas. Industrial facilities (including industrial Page 13 of 27 Pages Permit No. NCGO80000 facilities that are Federally or municipally owned or operated that meet the description of the facilities listed in (a)-(k)) include those facilities designated under 40 CFR 122.26(a)(1)(v). The following categories of facilities are considered to be engaging in "industrial activity": a. Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N Parts 400 - 471 (except facilities which are exempted under (k) of this definition); b. Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28, 29, 30, 311, 32, 33, 3441, 373; c. Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations meeting the definition of a reclamation area under 40 CFR 434.11(1)) and oil and gas exploration, production, processing,. or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; inactive mining operations are raining sites that are not being actively mined, but which have an identifiable owner/operator; d. Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA; e. Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this definition) including those that are subject to regulation under Subtitle D of RCRA; f. Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards and automobile junkyards, including but limited to those classified as Standard Industrial Classification 5015 and 5093; g. Steam electric power generating facilities, including coal handling sites; h. Transportation facilities classified as Standard Industrial Classifications 40, 41, 42, 44, and 45 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations, airport deicing operations, or Which are otherwise identified under (a)- (g) or (i)-(k) of this definition are associated with industrial activity; Page 14 of 27 Pages I Permit No. NCGO80000 i. Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including lands dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR part 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the CWA; J. Construction activity including clearing, grading and excavation activities except: operations that result in the disturbance of less that five acres of total land area which are not part of a larger common plan of development or sale; k. Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise included within (a)-(j) of this definition). The precipitation event of a duration which will produce the maximum peak rate of runoff for the watershed of interest resulting from a rainfall event of an intensity expected to be equalled or exceeded, on the average, once in ten years. 25. Total Flow The flow corresponding to the time period over which the sample collection occurs. The total flow calculated based on the size of the area draining to the outfall, the amount of the built -upon surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period. Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. a. Grab samples are individual samples collected instantaneously. b. Composite Sample: a composite sample shall mean: (1) A flow --weighted composite sample, which is a mixture of aliquots collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of the discharge at the time the sample is collected; or (2) A time -weighted composite sample, which is a mixture of equal volume aliquots collected at a constant interval of time. Page 15 of 27 Pages Permit No. NCGOB0000 A composite sample can be obtained from the collection of a series of grab samples, taken at intervals of no greater than 20 minutes for the entire storm event or the first three hours of the storm event. The grab sample to be compoaited must be of no less than 100 milliliters. Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 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. 30. Waste Pile Any noncontainerized accumulation of solid, nonflowing waste that is used for treatment or Storage. The maximum 24-hour precipitation event expected to be equalled or exceeded, on the average, once in 25 years. 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 renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act.for toxic pollutants 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 Page 16 of 27 Pages Permit No. NCG080000 $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. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143- 215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 2. 4. 5. The permittee shall take all reasonable steps discharge in violation of this general permit likelihood of adversely affecting human health to minimize or prevent any which has a reasonable or the environment. Except as provided in general permit conditions on "Bypassing" (Part II, C.3.), 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. 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 toe Federal Act, 33 USC 132.1. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 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. Page 17 of 27 Pages Permit No. NCG080000 6. savatnhi I ij�y 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. 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. •. .s ... -.- .,,il An expired general permit -continues in force and effect until the general permit is reissued or a new general permit is issued. Only those facilities authorized to discharge under the expiring general permit are covered by the continued general permit. The certificates of coverage issued under a general permit shall continue in force and effect until the general permit is revoked or terminated. 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. 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; Page 18 of 27 Pages Permit No. NCGO80000 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 own discretion that an individual permit is required. 12. When an Individual Rerrnit mgy Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit. All applications, reports, or information submitted to the Director shall be signed and certified. a. All notices of intent to be covered under this general permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (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: Page 19 of 27 Pages Permit No. NCGO80000 (1) The authorization is made in writing by a person described above; r� (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the - system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." f �11 V . • • , - • -4F To1 - . • - F-I . • - •11 - • 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. 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. Page 20 of 27 Pages Permit No. NCG080000 IL The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this general permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the general permit. 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. a. Definitions (1) "Bypass" means the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "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 wean economic loss caused by delays in production. b'. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. C. Notice (1) 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. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 5. of this general permit. (24-hour notice). Page 21 of 27 Pages Permit No. NCGO80000 - d.' Prohibition of Bypass (1) 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; (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 gC, LI=. 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 (a) The permittee submitted notices as required under Paragraph c. of this section. (2) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 4. typ-qgt a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. C. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the causes) of the upset; Page 22 of 27 Pages Permit No. NCGO80000 qk (2) The permitted facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 5. (b) (B) of this general permit. (4) The permittee complied with any remedial measures required under Part II, A. 2. of this general permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 16-VT6-11-A4;M9. Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken at the monitoring points specified in the certificate of coverage issued pursuant to this general permit and, unless otherwise specified, before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points shall not be changed without notification to and approval of the Director. Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 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. Test procedures for the analysis of pollutants shall conform to the ZMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Page 23 of 27 Pages Permit No. NCGO80000 Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 135. To meet the intent of the monitoring required by this general permit, all test procedures must produce minimum detection and reporting levels that are below the general permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below general permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. The Clean water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this general permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 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, copies of all reports required by this general permit, for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. For each measurement, sample, inspection or maintenance activity performed or taken 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. Page 24 of 27 Pages Permit No. NCGOB0000 Q 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. The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the general permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with the general permit requirements. 3. Tranafers 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 Page 25 of 27 Pages Permit No. NCGO80000 reissuance of the certificate of coverage to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. 4. Monitoring results shall be reported at the intervals specified elsewhere in this general permit. 5. a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description -of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph. (A) Any unanticipated bypass which exceeds any effluent limitation in the general permit. (B) Any upset which exceeds any effluent limitation in the general permit. (C) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the general permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 6. 7. The permittee shall report all instances of noncompliance not reported under Part II. E. 4 and 5. of this general permit at the time monitoring reports are submitted. The reports shall,contain the information listed in Part II. E. S. of this general permit. 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. Page 26 of 27 Pages Permit No. NCG080000 Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USG 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. ,Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. 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. Part III OTHER INFORMATION A. 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: 1. contains different conditions or is otherwise more stringent than any effluent limitation in the general permit; or 2. 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 IV ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREXXNTS A. 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. Page 27 of 27 Pages vNt iue.Gom ex o . 0 ,� vN If� � • �J - `�� . i;� \v "lam 3891 a �b � ,•�, J I�� i' 1 �' ,'�• *� o y '� ` f�a �� �D 3996 12'30„ cl o � � 3895 Jrw V ����r •y. SLf�eateh tLi Arf, 3893 61 650 a �t �:.�� ` � l� I :� 1.r �• � l '•tom �� '� _ J� _ I 10