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HomeMy WebLinkAboutNCG140348_COMPLETE FILE - HISTORICAL_20091001STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. 1`/ 37 " DOC TYPE d HISTORICAL FILE ❑ MONITORING REPORTS DDCDATE ❑ d� f-0 O) e YYYYMMDD I i;Als:=; . NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 1, 2009 Mr. Pete Scavone Southern Equipment Company, Inc. D/B/A Ready Mixed Concrete Company 1316 `Vaxhaw-Indian Trail Road Indian Trail, NC 28079 Subject: Compliance Evaluation Inspection Plant 105/325 E. Hebron Street COC No. NCG140348 Mecklenburg County, North Carolina Dear Mr. Scavone: Dee Freeman Secretary Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on July 22, 2009 by Ms. Donna Hood and 1\4s. Marcia Allocco of this Office. The facility site modifications observed at the time of the inspection had eliminated the discharge of exposed stormwater to Outfall 001. All exposed stormwater had been re-routed to the recycle pond. Please be advised that site modifications in the future that allow exposed stormwater to discharge into the floodplain through Outfall 001 and/or any current or newly constructed outfall will require a modification to the Certificate of Coverage. The recycle pond had been modified between the inspection performed in November /December 2008 and July 2009. No authorization to construct (ATC) had been issued prior to wastewater recycle pond modification. Please be advised, per 15A NCAC 2H .0106, that recycle system modifications must receive an ATC prior to construction. Please send in as -built plans showing all demensions, associated appurtunances, inlets, and outlets by November'l, 2009. In responding, please address your comments to the attention of Ms. Marcia Allocco. Mooresville Regional Office Location: 610 East Center Ave- Suite 301 Mooresville, NC 28115 One Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 NorthCarohna Internet: www.ncwaterquality.org �ll�rtlrrr!!J An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled110% Post Consumer paper This report should be self-explanatory; however, should you have any questions concerning the report, please do not hesitate to contact Ms. Hood or me at (704) 663-1699. Sincerely, Robert B. Krebs Regional Supervisor Surface Water Protection Enclosure cc: Bethany Georgoulias, VPDES Stormwater Permitting CO DH D � a Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 One Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service., 1-877-623-6748 NorthCarolina Internet: www.ncwaterqualrty.org Naturally j'f��` l��n all //, , An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled110% Post Consumer paper N �/ 4 Compliance Inspection Report Permit: NCG140348 Effective: 04/11/08 Expiration: 07131109 Owner: Southern Equipment Company Inc SOC: Effective: Expiration: Facility: Ready Mixed Concrete Co. - Plant 1C51Hebron St. County: Mecklenburg 325 E Hebron St Region: Mooresville Charlotte NC 28273 Contact Person: Rick Alexander Title: Phone: 704-821-7475 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: ;'1 r r Inspection Date: 07/22/2009 ;'ETtry Time: 10:00 Apt Exit Time: 01:30 PM 1 � r,• Primary Inspector: Donna Hoodoo t ,fff �' l Phone: 704-663-1699 Secondary Inspector(s): . f J.`�f` J Ext.2193 Marcia Allocce � Phone: 704-6663-1699 Ext.2204 Reason for Inspection: Follow-up Inspection Type: Compliance Evaluation Permit Inspection Type: Ready Mix Concrete StormwaterlWastewater Discharge COC Facility Status: ■ Compliant ❑ Not Compliant Question Areas: S Storm Water (See attachment summary) Page: 1 Permit: NCG140348 Owner - Facility: Southern Equipment Company Inc Inspection Date: 07122/2009 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Flan? ■ n n n # Does the Plan include a General Location (USGS) map? ■ n n n # Dees the Plan include a "Narrative Description of Practices"? ® n n n # Does the Plan include a detailed site map including outfall locations and drainage areas? ■ n n n # Does the Plan Include a list of significant spills occurring during the past 3 years? ■ n n n # Has the facility evaluated feasible alternatives to current practices? ■ n n n # Does the facility provide all necessary secondary containment? ■ n n n # Does the Plan include a BMP summary? ■ n n n # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ n n n # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ n n n # Does the facility provide and document Employee Training? ■ n n n # Does the Plan include a list of Responsible Party(s)? ■ n n n # is the Plan reviewed and updated annually? ■ n n n # Does the Plan include a Stormwater Facility Inspection Program? ® n n n Has the Stormwater Pollution Prevention Plan been implemented? ■ n n n Comment: The stormwater prevention plan had begun to be implemented at the time of the inspection. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ®n n n Comment: Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ® n n n # Were all outfalls ol during the inspection? ® n n n # If the facility has representative outfall status, is it properly documented by the Division? n n ■ n # Has the facility evaluated all illicit (non stormwater) discharges? ® n n n Comment Page: 3 The previous inspections, performed on November 20, 2008 and December 9, 2008, revealed exposure of Outfall 001 to stormwater runoff contaminated by the industrial process at the facility as well as the presence of additional stormwater outfalls. The inspection was issued as Notice of Violation (NOV) 2009-PC-0095 due to the conditions found on site at the time of those inspections. NOV-2009-PC-0095 required the permittee to apply to NC DWQ Stormwater Permitting for permit modification as well as remediation of the areas affected by the contaminated stormwater. As a response to NOV-2009-PC- 0095, the permittee made major site modifications, clean-up, and requested a follow-up inspection. The follow-up inspection was performed on 07.22.2009. Specifically addressing the permittee's NOV response received 03.23.2009 are the following comments as well as conditions found on the day of the inspection: i. Waste Concrete observed at Outfall 001 a) Conditions on the day of the inspection: The waste concrete solids had been removed and the area's stability significantly improved. The entire length of pipe had been cleaned starting at the drop inlet where solids from truck washout entered the stormwater system to the discharge point in the flood plain. b) Reply to the NOV response: Please be advised that the permittee, in this case, Southern Equipment Company, Inc. (Ready Mixed Concrete Company) is ultimately responsible for the site and any associated operator activities 2. Point Source Discharge from Outfall 001 a) Conditions on the day of the inspection: All other outfalls (003, 004, and 005) had been removed at the time of the follow-up inspection. Truck washout now discharges to the wastewater recycle system. Outfall 001 is not currently exposed to stormwater runoff contaminated by the industrial activity. Major site modifications have rerouted stormwater with industrial exposure into the recycle pond. b) Reply to the NOV response: Please be advised that if current conditions at the site are modified and stormwater exposed to the industrial process is allowed to discharge through a discrete conveyance into the flood plain the Division will require modification of the CoC to include stormwater monitoring. c) As response to Outfall 002 not being a voint source: Whether flow from this outfall sheet flows or is confined to a discrete conveyance is irrelevant. Flow from this outfall is a wastewater. It is also irrelevant that flow entering this pond is comingled with stormwater_ Comingling with stormwater does not make this a stormwater pond. There has been a basic misunderstanding of the difference between stormwater and wastewater in regards to this outfall. No wastewater is allowed to discharge without a permit regardless of whether it sheet flows or follows a discrete conveyance per North Carolina General Statute (G.S.) 143-215.1. 3. Implementation of the SPPP a) Conditions on the day of the inspection: The facility has begun implementation of the SPPP. The last outfall inspection was performed on 3.20.2009. b) Reply to the NOV response: This is required regardless of the presence of a stormwater outfall exposed to the industrial process. it is part of the basic permit text in Part II Section A 8. , Georgoulias, Bethany . From: Georgoulias, Bethany Sent: Friday, September 11, 2009 2:29 PM To: Hood, Donna Cc: Allocco, Marcia; Sullivan, Shelton; Pickle, Ken Subject: RE: Old News .... hebron NCG14... Attachments: NCG140348_NOVresp_response20090504.doc Hi Donna, It's finally Friday of what's been a really long week for me, and it was only four days! Do you still have the draft reseponse to the NOV Response that I wrote up for the Hebron site? (Apr 13, 2009 - attached) I'm looking back at that. It sounds to me like you confirmed Outfall 001 no longer receives SW associated with industrial activity (although why they went around their elbow to get to their thumb on that one I'll never understand.) So I guess they don't need their COC modified if they don't discharge SW, but you could always take the opportunity to remind them that if they ever discharge SW associated with industrial activity at this site, they will be in violation of the conditions of coverage of the COC under this GP NCG14. For now, I'd say that's where we have to leave it. Sounds like they're implementing their SPPP, which they still need to do as part of the permit they are covered under. Great. Under the second bullet in that write-up, we pointed out they never applied for an ATC. Sounds like they modified the treatment system without applying. Point out the information on the back of the Technical Bulletin that directs them to do this (I think it cites the rule requirements as well). [As a side note, I still have my concerns that we should allow any of these places just dig unlined pits for this kind of thing, but I'm not sure what APS has to say about it. Something we plan to look more into for renewal in a couple of years.] Notice them of Violation there as you and NPSCOA see fit. As to their third assertion about sheet flow: I still stand behind what I wrote there. I explained that to them in the beginning when they thought they didn't need any kind of permit. At the end, in the summary, the second bullet talks about Outfall 002 being subject to WW monitoring per the conditions of the permit. I would maybe qualify that with "in the event of discharge and in accordance with the conditions of the permit." I say that because (1) the permit acknowledges that we should not see routine discharges from a closed -loop recycle system and (2) the permit also says " If the recycle system only discharges in response to a 10-yr 24-hr precipitation event, no monitoring is required." What does all that have to do with their statement? Basically, if the discharge dissipates as sheet flow, we're presuming that it's a rare occurrence that it discharges anyway and is probably not subject to sampling when it does. However, if it is subject to sampling, they are not excused just because it's sheet flow of a wastewater. They either (1) sample according to the permit, or (2) figure out another permit to get that allows them to dispose of wastewater. Maybe they just don't understand the permit requirements clearly in that respect. Hopefully this will help you wrap things up for now at this site. Sounds like they don't necessarily need to modify their COC (though good to remind the them they should be inspecting visually to assure no wastewater is going anywhere it shouldn't), but they should have gotten an ATC for the mods they made to the treatment/recycle system. If it helps to talk more about it, just give me a call. They've made this hard for everybody, really. If RM Concrete Co wanted to relieve themselves of SW NPDES obligations at Hebron under the argument of no SW discharges, but still wanted to operate a recycle system, they should have pursued a non -discharge permit from LAU (which they aren't I Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection.of the surrounding environment and for reclamation of the land and water affected by the permitted rn g operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved PIclamation Plan is a separable obligation, secured by the bond or other security on file ith the Department, and may survive the expiration, revocation, or suspension of this permi . This permit is not transferable by the permittee witK the following exception: If another operator succeeds to the interest of the permitte in the permitted mining operation, by virtue of a sale, imposed upon him by the conditions his permit and by the Mining act with reference to the permitted operation, and tran fer the permit to the successor operator, provided that both operators have complied ith.the requirements of the Mining Act and that the successor operator agrees to assume a duties of the permittee with reference to reclamation of the affected land and post a suitable bond or other security. In the event that the Department deter Ines that the permittee or permittee's successor is not complying with the Reclamation Plan r other terms and conditions of this permit, or is failing to achieve the purposes and require ents of the Mining Act, the Department may give the operator written notice of its intent t modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as inc rporated in the permit. The operator shall have right to a hearing at the designated time an place on any proposed modification, revocation or suspension by the Department. ternatively and in addition to the above, the Department may institute other enforcement p ocedures authorized by law. Definitions Whenever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same mea ing as supplied by the Mining Act, N.C.G.S. 74-49. Modifications May 21, 2007_: This permit hasl been transferred in its entirety from Cecil Slate DBA Slate Sand to Benchmark Mining and Farming LLC. February 12, 2009: This permit has been transferred in its entirety from Benchmark Mining and Farming, LLC. to Cecil Slate - DBA Slate Sand Expiration Date This permit shall be effective from the date of its issuance until November 5, 2011. likely to get with that kind of design anyway). As it is, our combo permit is their only other option, and frankly, given their proximity to the floodplain, we could argue that overflows from that system do have the potential to reach surface waters. Have a great weekend, -Bg Bethany Georgoulias Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, INC 27604 Phone: (919) 807-6372 Fax: (919) 807-6494 Website: http://h2o.enr.state.nc.us/su E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Hood, Donna Sent: Tuesday, September 08, 2009 7:16 PM To: Georgoulias, Bethany Subject: RE: Old News .... hebron NCG14... Bethany, As always... thanks so much for the fast reply ... the EMC sorry about that. You are correct on everything. And they did eliminate the discharge from the sludge drying area. The only one left is 001 (& 002 for wastewater) And no ATC for WWTP mods. I Donna From: Georgoulias, Bethany Sent: Tuesday, September 08, 2009 2:49 PM To: Hood, Donna Subject: RE: Old News .... hebron NCG14... Donna, I'll get back to you later this week - I'm up at Water Quality Committee for a presentation tomorrow and will be tied up with that and EMC the next two days, I will go back and look, and then get back to you hopefully by Friday. I remember that they did extensive modifications to the treatment system without an RTC, which they should have applied for first, but that's the only place I remember leaving off when we talked. They may not have any SW outfalls to monitor per se now (did they ever fix that problem of the solids drying bed at the back corner?), but if they're doing qualitative anyway, then great. They are still subject to the SPPP all the same because they're under NCG14 in some form or fashion, so glad to hear they're implementing. Will try to refresh my memory bank more by the end of the week! IT Bethany Georgoulias Environmental Engineer NCDENR i DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC'27604 Phone: (919) 807-6372 Fax: (919) 807-6494 I Page 3 Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering sh be in accordance with the permitting requirements and rules promulgated b the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected are s at the site shall be in accordance with any applicable permit requirements a d regulations promulgated by the Environmental Protection Agency and e orced by the N.C. Environmental Management Commission. It shall be a permittee's responsibility to contact the Division of Water Quality to secure y necessary stormwater permits or other approval documents. 2. A. Any mining process producing te's t contamination emissions shall be subject to the permitting requirements andld promulgated by the N.C. Environmental Management Commission enforced by the Division of Air Quality. B. During mining operations/, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. The channel of the waterway shall not be constricted or widened. 4. Any mining activity affecting waters of the State, water of the U. S., or wetlands shall be ----in-accordance-with-the)requirements-and--regulation- promulgated- and -enforced -by -the N:--- C. Environmental Management Commission. 5. Only a hydraulic dretdge shall be used to excavate material from the riverbed. 6. The following step's shall be taken at this mine site to ensure safety to boaters and others who may use the section of the river covered by this mining permit: A. Signs shall be placed on the easterly bank of the river at the upstream extremity and the down stream extremity of dredging operations warning river traffic of the dredging operation. Website: http://h2o.enr.state.nc.us/su E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: flood, Donna Sent: Tuesday, September 08, 2009 2:35 PM To: Georgoulias, Bethany Subject: Old News .... hebron NCG14... Bethany, With the entire reworking of the Hebron site, where do we sit with allowing them to keep things the way they are? They have implemented the SPPP and started qualitative monitoring. (doing everything in the permit, without actually having it?) The outfall in question is only exposed to normal parking lot runoff now. I am issuing the inspection ( finally) and don't really know if we can tow the line here. Thoughts? Donna Please note that my email address has changed to donna.hood@ncdenr.gov Donna Hood - Donna,Hood@ncdenr.gov North Carolina Dept_ of Environment & Natural Resources 610 E. Center Ave. Mooresville, NC 28115 Ph, 704.663.1699 Fax: 704.663.6040 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 14. Page 4 7 B. The dredge shall operate in the river only during daylight hours. When the dredge is in operation in the river, the dredge shall at no time be o erating closer than twenty-five feet to the bank. The dredge shall face upstrea the direction from which most all river traffic would approach the dredge. W en river traffic approaches, the operator shall cease pumping and idle. If ri r traffic is headed around the easterly side of the dredge, the operator shall it to resume operations until the river traffic passes. If the boater is h ded towards the easterly side of the river, the side where the pontoon sported pipeline is located, the operator shall exit the pilot house and flag traffic to the westerly side of the river. / C. The cables extending from the dredge to the bank' shall be up and out of the water at all times except possibly when one cabee is slackened in anticipation of moving the dredge using the opposite winch. /this technique shall not be undertaken when there is river traffic in the area. With the cables extending upwards to the river bank, the cables shall be at least eight (8) feet above the water level and easily avoidable by river traffic. Highly visible markers shall be used to mark the cables. D. If an anchor system set in the middle of the river is utilized, the cables extending from the dredge to the anchor system/shall extend parallel with the flow of the river and shall be under water to a depth of at least three feet at the anchor. A buoy shall be used to mark the location of the anchor. E. No dredging operations shall be p4rformed at any time when the level of the river exceeds three feet above normal river level. F. .When the dredge is moored at/the side of the river, all piping and portions of the --dredge-shall-be-tied-off-such-that-no-part of -the -dredge or -equipment extends out from the bank by more than twenty feet. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharginglonto adjacent surface areas or into any lake or natural watercourse in proximity to the affected land. B. All surface water runoff from the processing, stockpile and wastepiles at the site shall be diverted via appropriately sized and sloped diversions to the existing sediment basins/pits or other appropriate erosion and sedimentation control structures. C. The boat ramp shall be stabilized with vegetation and rip -rap or large pieces of concrete, such as lengths of broken curb and gutter, to prevent erosion and sedimentation problems1from occurring at the said boat ramp. R.EALDY MIXED CONCRETE COMPANY Ms. Marcia Allocco NCDENR Division of Water Quality 610 East Center Ave. Suite 301 Mooresville, NC 281115 Subject: Notice of Violation READY MIXED CONCRETE COMPANY CHARLOTTE REGION Office: 704-821-7645 P O Box 518 Fax: 704-821-9522 Indian Trail, NC 28079 R �'f�/ •s- jR`Sjrl 1 Ready Mixed Concrete Co. — plant 105 Hebron St. R�0 Dear Ms. Allocco, In response to the above referenced Notice of Violation:CD Q, I, 1. Waste Concrete observed at outfall.001. it Upon our inspection and remediation of outfall "001" we found evidence of silt, gravel and mud discharging at outfall 001. The chunks of concrete observed in your photos appear to be remnants from the former operator of the site. Nevertheless, we still recognize this as a problem. In response to this issue, the existing truck parking area has been moved as indicated on the enclosed site plan. The area above drain "A" has been isolated from all truck traffic and industrial activity by rerouting all truck traffic to the upper gate (shown on site plan). These steps should effectively route all wastewater and storm water associated with industrial activities to the recycle pond and significantly reduce the amount of fines discharging out outfall 001. 2. Point source discharge from outfall "001" We have eliminated the potential point source discharges at outfalls 003, 004 and 005 by removing pipes and/or implementing measures to f allow all water to enter recycle pond. The pipe identified in the conveyer tunnel has always discharged into the recycle pond. We disagree that a point source discharge occurs at Outfall 002. It is still our contention that any overflow from the recycle pond dissipates as sheet flow. Although in your judgment there is a potential for a point source discharge at Outfall 001, we have eliminated the area discharging to this outfall from our industrial process, thereby eliminating storm water that impinges on industrial activities from this discharge. 3. implementation of the SPPP Although we may have been deficient in some areas, we disagree that we had not implemented our SPPP. It is our plan to have an updated site map for the facility and the SPPP signed by a corporate official no later than the end of March. We will also conduct the required stormwater training before the end of the year. Since there are no point source discharges that discharge wastewaters or stormwater associated with industrial activities off site, evaluation of outfalls for non stormwater discharges and qualitative monitoring are not necessary. However, we will carefully monitor these areas in the event something changes. In summary, with the steps outlined above we do not feel that a modification to our COC is necessary. We appreciate your assistance with this matter. Please do not hesitate to contact me with any questions. I i P Scavoi ion Mgr rlotte, NC Enclosure CC: Dexter Tart, Darin McClure Ps 4 iM L. newly constructed wall to isolate drains from truck traffic and idustrial process upper gate Concrete sludge drying pad "—IEEE F new truck parking 4. J Outfall 005 J7 110t. F, R,-Fie I drain "A" cn%o-ai. rL 4P -T- A 1. K4K drain "B" C7 J, F-T If3 Outfalls 00?-& Q04.11' AoO -with above ping Pipe in MV groundipiIbottom of the lower gate closed to conveVor all truck traffic— system yVith Ouffall 0,02 iUnkn* recycle pond f dischayge tfalt overfl?w Point pc,-r original flow of outfall "001" Pzf� FF .. . ........ 41) Xr, NC®ENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director February 13, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED -7007-1490 0004 4509 6109------._--- Mr. Pete Scavone Southern Equipment Company, Inc. D/B/A Ready Mixed Concrete Company li 16 Waxhaw-Indian Trail Road Indian Trail. NC 28079 Natural Resources Subject: NOTICE OF VIOLATION Compliance Evaluation Inspection Plant 1051325 E. Hebron Street COC No. NCG 140348 NOV-2009-PC-0095 Mecklenburg County, North Carolina Dear Mr. Scavone: Dee Freeman Secretary Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on November 20, 2008 and December 9. 2008 by ivls. Donna Hood and Ms. ivlarcia Allocco of this Office. On both days of the inspection, waste concrete was observed at Outfall 001 and for a distance of approximately 150 feet into the floodplain of Kings Branch (please see enclosed map). Therefore, the discharges being conveyed from the site are deemed as potential point source discharges, and a permit for both stormwater and wate-,vater discharges is necessarv. Evidence of a discrete conveyance of stormwater from the outfall was observed both days, as well. Because point source discharges of stormwater are not authorized in this facility's current Certificate of Coverage (COC), you must submit a request for modification of your COC to include stormwater, as referenced in the COC cover letter dated April 11. 2008. You must apply to the Stormwater Permitting Unit for a modification to the COC by March 13, 2009. We recognize that a site visit by our office in 2006 concluded that there were not likely point source discharges of stormwater from the edge of the property or directly into surface waters. However, observations during Our inspections last Year clearly showed this facility requires an NPDES permit for both hpes of discharges. This means that all parts of General Permit NCG140000 are applicable, including stormwater monitoring. Mooresville Regional Office Location; 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 1 Fax: (704) 663-6040 1 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org No One na Nrrttrr2; '�vlr. Pete Scavone Page Two NOV-2009-PC-0095 This report is being issued as a Notice of Violation (NOV) because of the violations of the subject NPDES permit and North Carolina General Statute (G.S.) 143-215.1 as detailed in the Summary Section of the attached report. Pursuant to G.S. 143-21 5.6A, a civil penalty of not more than twenty five -thousand dollars ($23,000.00) per violation per day may be assessed against any person who violates or fails to act in accordance with the terms, conditions; or requirements of any permit issued pursuant to G.S. 143-215.I. Remediation of the areas containincy waste concrete observed at Outfall 001 and the stonnwater conveyance behind the truck parking area will be required. Introduction of wastewater into the stormdrain system where no treatment is available must cease. All wastewater must be rerouted to the recycle pond or new treament ponds must be.designed.and installed.at all-outfalls.receiving wastewater. It is requested that a written response be submitted to this Office by March 13, 2009, addressing the deficiencies noted in the Summary Section of the report. In responding, please address your comments to the attention of Ms. Marcia Allocco. This report should be self-explanatory; however, should you have any questions concerning the report, please do not hesitate to contact Ms. Hood or me at (704) 663-1699. Sincerely, Robert B. Krebs Regional Supervisor Surface Water Protection Enclosure cc: Bethany Georgoulias, NPDES Stormwater Permitting CO John Hennessy, NPSC&AO Unit, CO DI -I V Mooresville Regional Office Q00 Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 NorthCarolina Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 ���11���r_ Internet: www.ncwaterquality.org ��/ `J 4 Compliance Inspection Report Permit: NCG140348 Effective: 04/11/08 Expiration: 07/31/09 Owner: Southern Equipment Company Inc SOC: Effective: Expiration: Facility: Ready Mixed Concrete Co. - Plant 10511-lebron St. County: Mecklenburg 325 E Hebron St Region: Mooresville Charlotte NC 28273 Contact Person: Rick Alexander Title: Phone: 704-821-7475 Directions to Facility: -System SystemClassifications:­­-­ Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 12/09/2008 Entry Time: 01.00 P f Exit Time: 04:15 PM Primary Inspector: Donna Hood:./ Phone: 704-663-1699 Ext.2193 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Ready Mix Concrete StormwaterlWastewater Discharge COC Facility Status: ❑ Compliant ■ Not Compliant Question Areas: ® Storm Water (See attachment summary) Page: 1 Permit: NCG140348 Owner - facility: Southern Equipment Company Inc Inspection Date: 12/09/2008 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: On November 20, 2008 a compliance inspection was performed at 325 E. Hebron Street facility to determine its eligibility for no exposure. During the facility site review, wastewater was found in Outfall 001 and had made a discrete .conveyance through the floodplain. (please see enclosed pictures and map) The wastewater had been allowed to discharge through the stormwater outfall without proper treatment or monitoring as required by NCG140348. As a result of improper treatment, approximately 6° of concrete solids accumulated at the outfall, with solids being found approximately 150' from the outfall. The facility had a stormwater pollution prevention plan, dated 6.09.2008, but had not implemented it. In addition to the plan not being implemented, it was missing the following items: 1. Signature of the SPPP by a Corporate Officer 2._Mapofall outfall locations 3. Evaluation of stormwater outfalls__ for_non_�stormwater�__ discharges 4. No employee training provided or documented 5. No qualitative monitoring On December 9, 2008, a follow-up inspection was performed and the same discharge of concrete solids was observed at Outfall 001. During this inspection other outfalls with exposure to wastewater were observed. 1. Outfall 005 (Pipe at the concrete sludge drying pad) 2. Pipe in the bottom of the pit with the conveyor belt 3. Outfalls 003 and 004 (corrugated pipes receiving runnoff from the production area) Neither Outfall 002 (which receives overflow from the recycle pond) nor Outfall 001 (stormwater pipe receiving wastewater flow) were included in the aboe list. All outfalls are to be visually monitored twice a year with the first monitoring occuring concurrently with the first sampling event as stated in Part II Section F. No monitoring has been done at any outfall. All outfalls receiving wastewater should monitored and meet limits according to permit requirements stated in Part II Section C. Accumulation of waste concrete being discharged into a stormwater conveyance was also observed on 12.09.2008. (please see enclosed pictures and map) This is prohibited on page one of the permit. Page: 2 1 Permit: NCG140348 Owner - Facility: Southern Equipment Company Inc Inspection Date: 12/09/2008 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ® n n n # Does the Plan include a General Location (USGS) map? ■ n ❑ n # Does the Plan include a "Narrative Description of Practices'? ® n n n # Does the Plan include a detailed site map including outfall locations and drainage areas? ® n n _ # Does the P_lan.include a hst.of significant spills occurring during the past 3 years? _ _❑ n ® 0 # Has the facility evaluated feasible alternatives to current practices? ® n n n # Does the facility provide all necessary secondary containment?. ® n n n # Does the Plan include a BMP summary? ® n n n # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ n n n # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ® ❑ n # Does the facility provide and document Employee Training? n ® n n # Does the Plan include a list of Responsible Party(s)? ® n n n # Is the Plan reviewed and updated annually? ®n n n # Does the Plan include a Stormwater Facility Inspection Program? ® ❑ n n Has the Stormwater Pollution Prevention Plan been implemented? n ■ n n Comment: The stormwater pollution prevention plan has not been implemented and the outfalls have not been mapped. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? n ® ❑ n Comment: No qualitative monitoring has been done on any outfall. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? n ® ❑ n # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n ■ n n Comment: No analytical monitoring has been performed for the wastewater discharges. Permit and Qutfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ® n n n # Were all outfalls observed during the inspection? ® n n n # If the facility has representative outfall status, is it properly documented by the Division? Q ❑ ® ❑ # Has the facility evaluated all illicit (non stormwater) discharges? n ■ o o Page: 3 Permit: NCG140348 Owner - Facility: Southern Equipment Company Inc Inspection pate: 12/0912008 Inspection Type: Compliance Evaluation Comment: Several outfalls at the facility are exposed to wastewater. Reason for Visit: Routine Page: 4 i �:� .aerr'w4x {"iF�✓%rr� �r Rt�'r:r r' i ,� ar#,.ir � n :. c . 3t�' .gyp z«�4.3 ti {k„��, t Y ev • � � ' -t as Mand 'i.1�7 .�+1'f��a• r_�ei;�fs' �°�n may,#� j.., j78"rOr 'i.�,�. "" �U�,y���i- `y �, Serra .` F. r4 -T-) a LEGEND ♦ S—IU/DRArW.;j: FLC)W DtK(TrN STORM DP-CN/MP MiLET UA-47 RME — — — — — — — — — — — utjLiCWtRi"iI.L%rj F,,P.N: LbQ- Cui Jr4 Q/ L-Dad W G IJI JrA TREE LINE, — Stormwa,tp-r_ convefi'nce cojdaining jipecesslwasi concrete mWOED nortm-W. 8 o L'i I J, (,- Ni MrSEL FUMP SI LIRAIUC 'AOZ)-:AA D Concrete sludge drying pad FiEE UNF Outfall 005 WRFI, <;T VMTER -TANK 3EI-C^W CRAD , �T" V SILO Ar 17K �'tiA4 TANK SOIL BERU re j cvric PIT Ouffalls 00)4 004 MiLVERT ODODED Outfall 001 with above ground,4)iping Pipe in thq bottom of I conveyor m , 11 Ouffall 0 42 u nknosystem recycle pond I disc4rge overflqw point; Michael F. Easley, Governor William G, Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Colccn H. Sullins Director Division of Water Quality April 11, 2008 Mr. Pcte Scavone Southern Equipment Company, Inc. D/B/A Ready Mixed Concrete Company 1316 Waxhaw-Indian Trail Road Indian Trail, North Carolina 28079 Subject: General Permit No. NCG140000 Ready Mixed Concrete Company — Plant 105 (East Hebron Street Plant) COC No. NCG140348 Mecklenburg County Dear Mr. Scavone: In accordance with the application for a discharge permit originally received on December 22, 2004 and subsequent additional information since that time, we are forwarding herewith the subject certificate of coverage (COC) to discharge under the subject state — NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other federal or local governmental permit that may be required. Because there are no point source discharges of stormwater from the property at this site, the COC includes authorization to operate a wastewater treatment system and to discharge wastewater only. If future changes result in any point source discharges of stormwater from this site, you must apply to the Stormwater Permitting Unit for a modification to this COC to comply with NPDES regulations. t4( Carolina ra!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: wW%v.ncwaterQuality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal OpporlunitylAffirmative Action Employei— 50% Recycledll0°/6 Post Consumer Paper Mr. Pete Scavone Southern Equipment Company, Inc. — Ready Mixed Concrete Co. (Hebron Street Plant) NCG 140348 April 11, 2008 If you have any questions concerning this permit, please contact Bethany Georgoulias at telephone number (919) 733-5083 ext. 529. Sincerely, Coleen H. Sullins cc: Mooresville Regional Office/ S. Bou-Ghazale Mecklenburg County DEP Mr. Dexter Tart/ 1316 Waxhaw-Indian Trail Road/ Indian Trail, NC 28079 w/attachment Mr. Rick Alexander/ 1316 Waxhaw-Indian Trail Road/ Indian Trail, NC 28079 Mr. Darin McClure/ Mid -Atlantic Associates, Inc./ 409 Rogers View Court/ Raleigh, NC 27610 Central Files Stormwater Permitting Unit Files enclosure STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG140000 CERTIFICATE OF COVERAGE No. NCG140348 STORMWATER AND PROCESS WASTEWATER DISCHARGES 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, Southern Equipment Company, Inc. is hereby authorized to operate a wastewater treatment/recycle system and discharge wastewater from a facility located at Ready Mixed Concrete Company East Hebron Street Plant (Plant 105) 325 E. Hebron Street Charlotte Mecklenburg County to receiving waters designated as Kings Branch, a class C water in the Catawba River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, Ili, IV, V, and VI of General Permit No. NCG 140000 as attached. This certificate of coverage shall become effective April 11, 2008, This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day April 11, 2008. for Coleen H. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission F Re: The moment we have all been waitincy for Subject: Re: The moment we have all been waiting for From: Samar Bou-Ghazale <Samar.Bou-Ghazale@ncmail.net> Date: Thu, 10 Apr 2008 09:22:59 -0400 To: Bethany Georgoulias<Bethany.Georgoulias@ncmail.net> Good Morning Bethany, I am glad to put this matter behind us and thank you for your hard work in dealing with these two sites (It pays finally). I am most happy with this paragraph below that you have included in your letter. You have covered all the angles. Thank you for a job well done!! We have no additional comments for the issuance of these two permits. Good Day Because there are no point source discharges of stormwater from the property at this site, the COC includes authorization to operate a wastewater treatment system and to discharge wastewater only. If future changes result in any point source discharges of stormwater from this site, you must apply to the Stormwater Permitting Unit for a modification to this COC to comply with NPDES regulations. Bethany Georgoulias wrote: Samar, I received add. info. from consultant Darin McClure on both the Reams Rd and Hebron St Ready Mixed Concrete Plants this week. We now have a good picture of what is on the ground at these sites (I think they did an excellent job pulling together a description and schematic), and I'm moving ahead with the COCs to wrap these up. I'm attaching the COCs and cover letters as well. If you're okay with them, I'll schedule issuance for this Friday. Thanks for all your help with this! BG Samar Bou-Ghazale - Samar.Bou-Ghazale@ncmail.net_ Environmental Engineer"I North Carolina Dept. of Environment Div. of Water Quality 610 E. Center Ave., Suite 301 Mooresville, NC 28115 Ph: (704) 663-1699 Fax: (704) & Natural Resources 663-6040 1 of 1 4/10/2008 9:21 AM MID -ATLANTIC ASSOC IATES,iNC. Engineering & Environmental Solutions 409 Rogers riew Court /Raleigh /North Carolina /27610 800-486-7568 / 919-250-9918 / 919-250-9950 Facsimile ^' www.maaanGne.com April 7, 2008 aP � o �1P Ms. Bethany Georgoulias North Carolina Department of Environment and Natural Resources Division of Water Quality Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Subject: RESPONSE TO REQUEST FOR INFORMATION STORMWATER RECYCLING SYSTEMS EAST HEBRON STREET AND REAMS ROAD FACILITIES CHARLOTTE, NORTH CAROLINA MID -ATLANTIC JOB NO.00OR1255.06 & .07 Dear Ms. Georgoulias: As discussed in our phone conversation on February 28, 2008, Mid -Atlantic submits, for each of the facilities listed above, a site drawing and a schematic drawing of the recycling system. On March 10, 2008, Mid -Atlantic met with Rick Alexander of Ready Mixed Concrete to gather information for the preparation of a Stormwater Pollution Prevention Plan and to construct a schematic drawing of the recycling system. The results of our site visits are summarized below and are based on field observations and information provided by Mr. Alexander. East Hebron Street Facility ■ Stormwater and process water flows into a settling pond and is then recycled in the production of concrete. A portion of the truck parking area and employee parking area flows into a storm drain which discharges into a wooded area. ■ The settling pond shape is semi -oval with the circumference measuring approximately 275 feet. It is sloping at an approximate 2 to 1 slope with a flat bottom at a depth of 18' below land surface. The maximum storage capacity of the pond is approximately 638,000 gallons. MID -ATLANTIC ASSOCIATES. INC. kaginrr+lnx 6 £nsi.onmrntal Safdtinna Stormwater Recycling System East Hebron Street and Reams Road Facilities Charlotte, North Carolina April7, 2008 Page 2 Water entering the settling pond is first collected in a detention pit (measuring 25' x 12' and sloping to a depth of 22.5"). Water is drained from the detention pit through a weir into the settling pond. Water is piped via a 2 inch pipe using a 7.5 horse power electric pump underground to a 1,200-gallon holding tank, which is gravity fed into a water scale hopper and loaded directly into trucks. ■ If this pond were to overflow it would discharge into a wooded area. Based on our visual observations, it appears the water would then dissipate and discharge off the property as sheet flow. Reams Road Facility = ce- r1ct-l14,0-Ag S s i � �t.rz� ► y�-� S ■ Stormwater and process water flowing into the settling pond is recycled in the production of concrete. ■ The settling pond shape is semi -oval with the circumference measuring approximately 247 feet. It is sloping at an approximate 2 to 1 slope with a flat bottom at a depth of 20' below land surface. The maximum storage capacity of the pond is approximately 546,000 gallons. Water is piped via a 3 inch pipe using a double diaphragm pump underground to a 600-gallon water tank, located in the first loading area, which directly loads to concrete trucks. The water is also piped to a series of three ASTs (one 4,000-gallon AST and two 10,000-gallon ASTs) that are piped together for a total storage capacity of 24,000 gallons. Water is pumped from these tanks to the truck wash areas and into the building (to be heated by the boiler) and then to the second loading area. • In the event the settling pond were to overflow, it appears that water would discharge into the stream which originates (by a spring) on the property and would discharge at the property boundary as a point source discharge. TjM-ATLANTIC ASSOC (ATE S.INC. Englarering d £ariroamenial Solariaax Stormwater Recycling System East Hebron Street and Reams Road Facilities Charlotte, North Carolina April 7, 2008 Page 3 Attached are the site drawings and a schematic drawings of the recycling systems for your review. If questions arise regarding our site observations and comments, or if we may be of further assistance, please contact us at (919) 250-9918. Sincerely, MID -ATLANTIC ASSOCIATES, INC. JAI Wayne E. Randolph, Jr. Senior Project Manager Attachment A - East Hebron Street Facility Drawings Attachment B - Reams Road Facility Drawings cc: Mr. Dexter Tart — Ready Mixed Concrete Mr. Rick Alexander - Ready Mixed Concrete 1255.07/stormwater recycling letter/WER/dmm ,�Lt171 !EtpII �Y� `� �44y.ECt.S.+.. d•a �`� r ;r Darin M. Mch�``'�' s5r` a�u Principal EnglnerEr'�� MID -ATLANTIC ASSOC IATE S.INC. Emxinrrrimc 6 Enrironmralol SON60A.1 APPENDIX A EAST HEBRON STREET FACILITY DRAWINGS MID -ATLANTIC ASSOC IATE S.INC. Eagiarrriag d £asiroaarafal Safafiaai ��� �, �'', .. �ytq .�` ..;� r• ' �� l �� r r � ' �yl r¢ r ��� i V of 00 U 5 1. T r \ WOODED. GROUND CONCRETE TREE UNE-�� I CONCRETE r �i I V .*�w�7•[p'l (i( CIL�rV'� BACKFlLL \ EARTH \?� / GRAVEL BERM o x� y � DIESEL PUP ��TREE LINE AGGREGATE ' STORAGE GRAVEL / aBERM (c oh 4,000-GALLON j DIESEL ASTED / 1,200-GALLON i WATER TANK CONVEYOR SIL `. BELOW GRApI WOODED STORAGE GRAVEL CONVEYOP,'BELT / v BERM f �� / AP/ r CONCRETE I r 1 i {a / 0 �6 / O 9 (� / x BERMS / KJ,�h TANK ADM�g RE 3Zr�t/[J ✓LGY�` ,, SOIL BERM C-7 CONCRETE`, OFFlC P 1 f ` DETENTIONPIT LEGEND SPWDRAINAGE FLOW DIRECTION ® STORM DRAIN/DROP INLET LIGHT POLE - - - - - - - - - - - UNDERGROUND PIPING —rx—x— FENCE PROPERTY BOUNDARY DRAINAGE PATH UNLOADING/LARDING AREA 0 120' SCALE: 1'= 120' C4 C7 � 00 C). O O Ln tr) U7 N O J OLo if7 '- N � U CD Q o O o z � z LLJ O U o Y Y U W Z W LLJ O a � > _Z z �5-: aa5-: C3m 0M WO] qED V � H O a 1 V] Q �4 v W In W 0 Z Il _W LL- U Z a �; L- U) m Li O U C.� CC] Z LEI W U Z W Ld L� FINAL DRAWING --FOR REVIEW PURPOSES ONLY �25 { A 4 DETENTION PIT WIER (TOP OF WIER 22.5') 2' W316 ragsMR] Ap T 1a' 0 20' SCALE: 1"= 20' ID -ATLANTIC ASSOCIATES, INC. m READY MIOSS-SECTION A -A'. XED CONCRETE COMPANY 325 EAST HEBRON STREET BY: BY: DATE: APRIL 2008 CHE K; JA/� JOB NO: OOOR1255.06 ng & Environmental Solutions CHARLOTTE, NORTH CAROLINA ENG CHECK: CAD NO: 01-125504-06 REFERENCE: APPROVAL: DWG NO: 2 FINAL DRAWING —FOR REVIEW PURPOSES ONLY 1,200—GALLON WATER SCALE HOLDING TANK HOPPER 3/4' 1/2. v-—v—v— UNDERGROUND —v—v v v Q 3/4. v— TRUCK 7.5 HP ELECTRIC DAYTON BOMBA PUMP 2` GALVANIZED PIPE a STARTER FILTER m DISCONNECT SETTLING POND HOUSE PANEL LEGEND 3. ' CbQ BALL VALVE — GATE VALVE --cs----c-- ELECTRICAL —v—v—v— WATER MID -ATLANTIC ASSOCIATES, INC. Engineering & Environmental Solutions (REFERENCE: PIPING DIAGRAM 1 READY MIXED CONCRETE 325 EAST HEBRON STREET CHARLOTTE, NORTH CAROLINA NOT TO SCALE DRAWN DATE: APRIL 2008 BY: DRAFF CHECK: (�t1JK-- CHECK: JOB NO: 00OR1255.06 ENG CHECK: CAD N0: 01-125503-06 APPROVAL: C>'A*%i IDWG NO: 3 MID -ATLANTIC ASSOCIATES, INC. Engineering & Environmental Solutions O 409 Rogers Yew Courr /Raleigh /Norrlr Cumlina 127610 4 �^ 800-486-7568 1.919-250-9918 1919-250-9950 Facsimile z G lt'V4'V1:IIIaa()(Il(fIC.(, ()lII ,� rrti e41Y February 25, 2008 g o a fj� pD iati"''' Ms. Bethany Georgoulias North Carolina Department of Environment and Natural Resources Division of Water Quality Stormwater and General Permits Unit 1617 Mail Service Center Raleiah. North Carolina 27699-1617 Subject: REQUEST FOR MEETING AND TIME EXTENSION READY MIXED CONCRETE FACILITIES REAMS ROAD PLANT (NCG140349 COC) AND HEBRON STREET PLANT (NCG140348 COC) CHARLOTTE, NORTH CAROLINA MID -ATLANTIC PROJECT NOS. 00OR1265.06 AND 000R1256.07 Dear Ms. Georgoulias: On behalf of Ready Mixed Concrete (Ready Mixed), Mid -Atlantic Associates, Inc. submits this letter in response to the two letters dated January 28, 2008 issued to Mr- Rick Alexander of Ready Mixed Concrete. After some initial investigation into the issues addressed in these letters, Ready Mixed would like to request a meeting to discuss these issues in more detail and explore options that may be available to adequately address them. In addition, Ready Mixed requests that the February 29, 2008 deadline stipulated in the letters be suspended until this meeting takes place. Shortly thereafter we feel we can establish a schedule to address these issues. Please contact me at 250- 9918 at your earliest convenience to set up this meeting. Sincerely, MID- �LANTIC ASSOCIATES, INC. f A f Darin M. McClure, PE Principal Engineer cc: Mr. Chet Miller, Ready Mixed Concrete Mr. Dexter Tart, Ready Mixed Concrete 1255.0612-22-08/Request for Extension/DMM/aso Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality January 28, 2008 Rick Alexander Ready Mixed Concrete P.O. Box 518 Indian Trail, North Carolina 28079 Subject: NPDES Stormwater General Permit Additional Information Request NCG140348 COC — Hebron Street Plant Mecklenburg County Dear Mr. Alexander: On February 28, 2006, The Division of Water Quality's Stormwater Permitting Unit received a request for a site visit from the Mooresville Regional Office (MRO) to evaluate the presence of a point source discharge at this site. After conferring with Mr. Samar Bou-Ghazale of the MRO, the Division is requesting additional information to proceed with the appropriate permitting action. After a site visit and discussions with the Central Office, MRO staff concluded that the stormwater discharge from this site would not be considered a point source discharge as it leaves the property. This means an NPDES permit to discharge stormwater may not be applicable to this site. However, because a wastewater treatment system is being operated at this facility, a permit is still required. North Carolina General Statute § 143.215. I (a)(2) stipulates that a permit is required to construct or operate any treatment works. That means that at a minimum, an authorization to operate (ATO) the existing wastewater system is required. Furthermore, the recycle system at this site does not meet criteria to be permitted by rule under the Non -Discharge rules for closed -loop recycle systems (found in 15A NCAC 2T .1000) and therefore requires some kind of permit. This facility has two permitting options: (1) either a modification to the Certificate of Coverage (COC) for this site to include an authorization to operate a wastewater treatment/recycle system and discharge wastewater (in the event of overflow) must be approved, or (2) a separate Non -Discharge permit from the Aquifer Protection Section to operate this recycle system is required. The Stormwater Permitting Unit would only rescind COC No. NCG 140348 once all other appropriate permits are finalized. Information about the Non -Discharge application and permitting process is available on-line from the Land Application Unit in the Aquifer Protection Section: http,.Hh2o.erLr.state.nc.us/lau/main.html In a letter to you dated November 30, 2005, Ms. Aisha Lau of the Stormwater Permitting Unit requested plans and calculations to demonstrate the washout pit capacity. No plans or design calculations were ever submitted to demonstrate the pit discharges only in response to storms greater than the 25-year, 24- hour storm event. We are unable to sufficiently process a modification to the COC without information about the design basis of this system. Nfo `hCarolina ,lVaturally North Carolina Division of Water Quality' 1617 Mail Service Center Raleigh, NC 27699-1617 . Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Aden Employer — 50% Recycledll0% Post Consumer Paper Mr. Rick Alexander Ready Mixed Concrete Additional Information Request January 28, 2008 Since October 2005, the Notice of Intent (NOI) Form for NCG140000 (which is also an ATC or ATO request for existing facilities) has specified review criteria for recycle systems. A copy of the current version of this form is, attached for your reference. An application may be considered complete if calculations demonstrate the capacity of a recycle system to contain the 25-year, 24-hour storm plus one foot of freeboard. Please understand that demonstrating a recycle system is designed for these conditions is not a basis for exemption from a permit. In fact, consider that periods of chronic rainfall (two successive two-year storms, for example) may bring the same volume of water in some areas, if not more, into the system. Please notify us of your intention to either (1) modify the NCG140348 COC to include an ATO and authorization for wastewater discharge or (2) pursue a separate Non -Discharge permit from the Aquifer Protection Section of DWQ no later than February 29, 2008. If you choose to modify your current COC for NCG140000, please submit plans and calculations sealed and dated by a P.E. that demonstrate compliance with effluent limits or sufficient capacity to hold the 25-year storm with a foot of freeboard, including a water balance with all assumptions, as well as a management plan for solids accumulation. Please refer to the enclosed NCG140000 NOI form for help in submitting a complete request for modification and reference your current NPDES permit number. If you have any questions or would like to discuss this matter further, please contact me at (919) 733-5083, extension 529. Sincerely, V t� Bethany A. Georgoul;as Environmental Engineer cc: Mooresville Regional Office Stormwater Permitting Unit Files Dexter Tart, Ready Mixed Concrete/ P.O. Box 273261 Raleigh, North Carolina 27611 Mecklenburg County Additional Information Requests for Hebron St and Reams Rd Plants Subject: Additional Information Requests for Hebron St and Reams Rd Plants From: Bethany Georgoulias<Bethany.Georgoulias@ncmail.net> Date: Mon, 28 Jan 2008 11:27.31 -0500 To: ex mcc.info Kp. Y,�.I j d CC: Samar Bou-Ghazale <Samar. Bou-Ghazale@ncmai 1. net>, Bradley Benne t <Bradley.Bennett@ncmail.net> Mr. Tart, Attached are two additional information letters that should go out in the mail today. I noticed from the file you were copied on previous correspondence, so I have copied you on these as well. I understand from the Mooresville Region that one of these sites may not have a point source discharge of stormwater, but that the other does. However, both sites have wastewater treatment facilities that must be permitted (regardless of whether they discharge). There seems to have been some confusion in the past about these sites not needing a permit at all. The letters clarify permitting requirements and explain the additional information that is needed to conclude action. If you have any questions, please let me or my supervisor Bradley Bennett know. Regards, Bethany Georgoulias Bethany Georgoulias Environmental Engineer NC DENR Division of Water Quality Stormwater Permitting Unit tel. (919) 733-5063, ext. 529 fax (919) 733-9612 NCG140348_AddInfo.pdf Content -Type: application/pdf Content -Encoding: base64 NCG140349_AddInfo.pdf Content -Type: application/pdf Content -Encoding: base64 1 of 1 1/28/2008 1 1:27 AM North Carolina Administrative Code - 15A NCAC 2T .0102 SCOPE hup://www.pita.com/pns/tcdocview.htp?logauto=TCAUTO&dockey.,. North Carolina Administrative Code North Carolina Administrative Code TITLE 15A DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CHAPTER 2 — ENVIRONMENTAL MANAGEMENT SUBCHAPTER 2T — WASTE NOT DISCHARGED TO SURFACE WATERS 121 SECTION .0100 —GENERAL REQUIREMENTS 15A NCAC 2T .0102 SCOPE The rules in this Subchapter apply to all persons proposing to construct, alter, extend, or operate any sewer system, treatment works, disposal system, contaminates soil treatment system, animal waste management system, stormwater management system or residual disposal/utilization system which does not discharge to surface waters of the state, including systems which discharge waste onto or below land surface. However, these Rules do not apply to sanitary sewage systems or solid waste management facilities which are permitted under the authority of the Commission for Health Services. The provisions for stormwater management systems can be found in 15A NCAC 02H .1000. The rules in this Section are general requirements that apply to all program rules (found in individual sections) in this Subchapter. History Note: Authority G.S. 130A-335; 143-215.1; 143-215.3 (a) (1) ; Eff. September 1, 2006. Copyright © 2007 Loislaw.com, Inc. All Rights Reserved I of 1 1 /25/2008 1 1: l2 AM North Carolina Administrative Code - 15A NCAC 2T .0103 DEFINI... http://w,,vw.pita.com/pns/tcdocview.htp?logauto=TCAUTO&dockey... y North Carolina Administrative Code { North Carolina Administrative Code TITLE 15A DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES [ CHAPTER 2 — ENVIRONMENTAL MANAGEMENT SUBCHAPTER 2T —WASTE NOT DISCHARGED TO SURFACE WATERS SECTION .0100 — GENERAL REQUIREMENTS 15A NCAC 2T .0103 DEFINITIONS The terms used in this Subchapter shall be as defined in G.S. 143-212 and 143-213 except as provided in this Rule and in definitions provided in program specific rules in this Subchapter and as follows: (1) "Agronomic rate" is defined as the amount of waste and other materials applied to meet the nitrogen needs of the crop, but does not overload the soil with nutrients or other constituents that cause or contribute to a contravention of surface water or groundwater standards, limit crop growth, or adversely impact soil quality. Nitrogen needs of the crop shall be based on realistic yield expectations (RYE) established for a soil series through published Cooperative Extension Service bulletins, Natural Resources Conservation Service publications, county soil surveys, or site specific agronomist reports. (2) "Animal waste" means livestock or poultry excreta or a mixture of excreta with feed, bedding, litter or other materials generated at a feedlot. (3) "Bedrock" is as defined in 15A NCAC 02L .0102. (4) "Buffer" means a natural or vegetated -area as defined in 15A NCAC 02B .0202. (5) "CPR" means Code of Federal Regulations. All CFRs cited herein may be obtained at Government Institutes, Inc., 4 Research Place, Suite 200, Rockville, Md, 20850-1714 for a cost of thirty-six dollars ($36.00) each plus four dollars ($4.00) shipping and handling or at http://www.gpoaccess.gov/cfr/. Copies are also available for review at 512 North Salisbury Street, Raleigh, North Carolina 27604. (6) "Commission" as defined in G.S. 143-212 or their delegate. (7) "Compliance boundary" is as defined in 15A NCAC 02L .0102. (8) "Deemed permitted" means that a facility is considered as having a needed permit and being compliant with the permitting requirements of G.S. 143-215.1(a) even though it has not received an individual permit for its construction or operation. (9) "Department" as defined in G.S. 143-212. (10) "Director" means the Director of the Division or its delegate. (11) "Division" means the Division of Water Quality in the Department. All rules cited in this Section under the authority of the Division may be obtained at 512 North Salisbury Street, Raleigh, North Carolina 27604 or at the Division's web page at www.ncwaterquality.org at no charge. (12) "Effluent" means wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. (13) "Engineer" is an individual who is currently licensed by the North Carolina Board of Examiners For Engineers and Land Surveyors or authorized to practice under G.S. 89C as an engineer. (14) "EPA" means the United States Environmental Protection Agency. of4 1/25/2008 11:11 AM North Carolina Administrative Code - 15A NCAC 2T .0103 DEFINI... http://www.pita.com/pns/tedoeview.htp?logauto=TCAUTO&dockey... (15) "Ephemeral (stormwater) stream" means a stream as defined in 15A NCAC 02B .0233. (16) "Essential treatment unit" means any unit associated with the wastewater treatment process whose loss would likely render the facility incapable of meeting the required performance criteria including aeration units or other main treatment units, clarification equipment, filters, disinfection equipment, pumps and blowers. (17) "General Permit" means a permit issued under G.S. 143-215.1(b)(3), 143-215.1(b) (4) or 143-215.10C. (18) "Groundwaters" means those waters in the saturated zone of the earth as defined in 15A NCAC 02L .0102. (19) "Groundwater standards" means groundwater standards as established in 15A NCAC 02L .0200. (20) "Industrial wastewater" means all wastewater other than sewage or animal waste and includes: (a) wastewater resulting from any process of industry or manufacture, or from the development of any natural resource; (b) wastewater resulting from processes of trade or business, including wastewater from laundromats and vehicle/equipment washes, but not wastewater from restaurants; (c) stormwater that is contaminated with an industrial wastewater; (d) any combination of sewage and industrial wastewater; (e) municipal wastewater unless it can be demonstrated to the satisfaction of the Division that the wastewater contains no industrial wastewater; (f) contaminated groundwater extracted as part of an approved groundwater remediation system approved by the Division in accordance with 15A NCAC 02L .0100. (21) "Intermittent stream" means a stream as defined in 15A NCAC 02B .0233. (22) "NPDES" means National Pollutant Discharge Elimination System. (23) ".Perennial stream" means a stream as defined in 15A NCAC 02B .0233. (24) "Perennial waterbody" means a waterbody'as defined in 15A NCAC 02B .0233. (25) "Pollutant" means waste as defined in G.S. 143-213. (26) "Potable waters" means water as defined in 15A NCAC 02L .0102. (27) "Private well" means any potable or irrigation well not directly controlled by a public authority or a public utility authorized by the North Carolina Public Utilities Commission. This may include a private individual or community well as defined in the public water supply rules contained in 15A NCAC 18C. (28) "Professional engineer" means a person who is presently registered and licensed as a professional engineer by the North Carolina Board of Examiners For Engineers and Land Surveyors. (29) "Public or community sewage system" means a single system of sewage collection, treatment, or disposal owned and operated by a sanitary district, a metropolitan sewage district, a water and sewer authority, a county, a municipality or a public utility authorized to operate by the North Carolina Utilities Commission. 2 of 1/25/2008 11:11 AM North Carolina Administrative Code - 15A NCAC 2T .0103 DEFINI... http://wwNv.pita.com/pns/tcdoeview.htp?logauto=TCAUTO&dockey... (30) "Residuals" means any solid, semisolid, or liquid waste, other than effluent or residues from agricultural products and processing, generated from a wastewater treatment facility, water supply treatment facility or air pollution control facility permitted under the authority of the Commission. (31) "Residues from agricultural products and processing" means solids, semi -solids or liquid residues from food and beverage processing and handling; silviculture; agriculture; and aquaculture operations permitted under the authority of the Commission that are non -toxic, non -hazardous and contain no domestic wastewater. (32) "Restrictive horizon" is the layer in a soil profile that is capable of reducing the downward water movement to the minimum rate, as evidenced by lowest saturated hydraulic conductivity among all the soil layers. Restrictive horizon is often capable of perching ground water or wastewater effluent and is characterized by accumulation of finer soil particles (such as aluminum, clay,. iron, silica, organic matter, or other compounds) or compaction due to heavy equipments. (33) "Review boundary" is as defined in I5A NCAC 021 .0102. (34) "Seasonal High Water Table" or "SHWT" is the highest level to which the soil is saturated, as may be determined through the identification of redoximorphic features in the soil profile including low chroma mottling. This does not include temporary perched conditions. Alternatively, the SHWT can also be determined from water level measurements or via soil/groundwater modeling. (35) "Secretary" as defined in G.S. 143-212 or its delegate. (36) "Setback" means the minimum separation in linear feet, measured on a horizontal plane, required between a treatment works, disposal system, or utilization system and physical features such as building, roads, property lines, or water bodies. (37) "Sewage" means the liquid and solid human waste, and liquid waste generated by domestic water -using fixtures and appliances, from any residence, place of business, or place of public assembly. Sewage does not include wastewater that is totally or partially industrial wastewater, or any other wastewater not considered to be domestic waste. (38) "Soil scientist" means an individual who is currently licensed or authorized to practice soil science under G.S. 89F by the North Carolina Board for Licensing of Soil Scientists. (39) "Staff" means the staff of the Division. (40) "Surface waters" means all waters as defined in G.S. 143-212 except underground waters. (41) "Surface water standards" means surface water standards as established in 15A NCAC 02B .0200. (42) "Technical specialist" means an individual designated by the Soil and water Conservation Commission, pursuant to rules adopted by that Commission, to certify animal waste management plans or specific parts of a certified animal waste management plan. (43) "Toxicity test" means a test for toxicity conducted using the procedures contained in 40 CFR 261, Appendix II which is hereby incorporated by reference including any subsequent amendments and editions. (44) "Treatment works or disposal system which does not discharge to surface waters" means any treatment works, facility, utilization system, or disposal system which is designed to: (a) operate as closed system with no discharge to waters of the state, or 3 of 4 1/25/2008 1 1:11 AM North Carolina Administrative Code - 15A NCAC 2T .0103 DEFINI... http://www.pita.com/pns/tcdocview.htp?logauto=TCAUTO&dockey:.. (b) dispose/utilize of wastes, including residuals, residues, - contaminated soils and animal waste, to the surface of the land, or (c) dispose of wastes through a subsurface disposal system pursuant to G.S. 143-215.1(b) (4). (45) "Waste oil" means any used nonhazardous petroleum product other than crankcase oil. Crankcase oil mixed with other used nonhazardous petroleum products shall be considered as waste oil. (46) "Wetlands" are "waters" as defined in G.S. 143-212 and are areas that are inundated or saturated by an accumulation of surface or ground water as defined in 15A NCAC 02B .0202. History Note: Authority G.S. 130A-335; 143-213; 143-21 5.3(a)(1); Eff. September 1, 2006. Copyright © 2007 Loislaw.com, Inc. All Rights Reserved 4 of 1/25/2008 11:11 AM [Fwd: Ready mixed NCG140348] Subject: [Fwd: Ready mixed NCG1403481 From: Bradley Bennett <Brad]ey.Bennett@ncmail.net> Date: Thu, 24 Jan 2008 11:30:26 -0500 To: Bethany Georgoulias <bethany.georgoulias@ncmail.net> Bethany I'm going to forward you a few more of these from Samar. :: ------ Original Message-------- Subject:Ready mixed NCG140348 Date:Mon, 07 Jan 2008 15:43:25 -0500 From:Samar Bou-Ghazale <Samar.Bou-Ghazalenncmail.net> To:Bradley Bennett <Bradley.Bennett u,ncmail.net> CC. -Ken Pickle <Ken.Pickle a ncmail.net> Bradley, I am attaching 3 pictures for the above site. storm water discharge from the site will qualify for sheet flow discharge. 1 walked downstream of the discharge and there are no evidence of any concentrated flow. Also, the area downstream is vegetated and almost flat. Please let me know if you need any additional info. I will send pictures and comments regarding NCG140349 in a different e-mail. Thank You Samar Samar Bou-Ghazale - Samar.Bou-Ghazale@ncmail.net Environmental Engineer I North Carolina Dept. of Environment & Natural Resources Div. of Water Quality 610 E. Center Ave., Suite 301 Mooresville, NC 28115 Ph: (704) 663-1699 Fax: (704) 663--6040 I of 1 1 /24/2008 11 A4 AM [Fwd: NCG1403481 Subject: [Fwd: NCG140348] From: Bradley Bennett <BradIey.Bennett@ncmail.net> Date: Thu, 24 Jan 2008 11:30:47 -0500 To: Bethany Georgoulias<bethany.georgoulias@ncmail.net> -------- Original Message-------- Subject:NCG 140348 Date:Mon, 07 Jan 2008 15:47:16 -0500 From:Samar Bou-Ghazale <Samar.Bou-Ghazale ncmail.net> To:Bradley Bennett <Bradley.Bennett a,ncmail.net> CC:Kcn Pickle <Ken.Pickle cr,ncmail.net> Sorry, Here is the attachment (pictures). Samar Bou-Ghazale - Samar.Bou-Ghazale@ncmail.net Environmental Engineer I North Carolina Dept. of Environment & Natural Resources Div. of Water Quality 610 E. Center Ave., Suite 301 Mooresville, NC 28115 Ph: (704) 663-1699 Fax: (704) 663-6040 0 1 of4 1/24/2008 11:45 AM [Fwd: NCG1403481 Content -Type: image/beg readymixedl.JPG Content -Encoding: base64 readymixed2.JPG Content -Type: image/jpeg Content -Encoding: base64 readymixed3.JPG Content -Type: image/jpeg Content -Encoding: base64 4 of 4 1/24/2008 11:45 AM SW applications for Southern Equipment Company Inc Reames Rd &.._ Subject: SW applications for Southern Equipment Company Inc Reames Rd & Hebron Rd.. From: "Dexter Tart" <Dexter.Tart@rtncc.info> Date: Tue, 28 Feb 2006 17:58:58 -0500 To: <aisha.lau@ncmail.net> CC: "Chet Miller" <Chet.Miller@rmcc.info>, "Andy Stankwytch" <Andy. Stankwytch@rmcc. info>, "Rick Alexander" <Rick.Alexander@rmcc.info> Aisha, I was hoping to complete my letter to you this morning concerning the matters we discussed on the two Ready Mixed sites yesterday. However, I was unable to get the Engineer letter on Hebron Rd. scanned until this afternoon. As I am out of the office at NC DMV's office and working on my Blackberry to get this to you, please excuse the briefness of my text. To reiterate what our intentions are on both the Reames Rd. Plant and the Hebron Rd: Plant, which is the subject of the attached letter, we would like for the Mooresville DWQ office to schedule a time to meet myself and or Andy Stankwytch at each site to confirm there is no point source discharge leaving our property. I may be reached by e-mail or by calling (919)632-6655. At the time this is conffrmed(positive thinking), we would then submit a formal request from our office, asking to have the original NO[ from Carolina Concrete returned and a status of no SWP required for both sites. Thank you for help and patience in this matter. Sincerely, Dexter Tart Assets Manager Ready Mixed Concrete CO. Sent from my BlackBerry Wireless Handheld -----Original Message ----- From: Julie Wellons <Julie.Wellons@rmcc.info> To: Dexter Tart <Dexter.Tart@rmcc.info> Sent: Tue Feb 28 14.08:59 2006 Subject: Scan Dexter, I'm assuming this was from you. If not - please let me know. -- Julie <<Hebron Road - SW Letter.pdi5> <<Hebron Road - SW Letter.pU>> Content -Description: Hebron Road - SW Letter.pdf Hebron Road - SW Letter.pdf Content -Type: applicationloctet-stream Content -Encoding: base64 of 1 6/26/2006 1:32 PM Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality November 30, 2005 Mr. Rick Alexander Ready Mix Concrete P.O. Box 518 Indian Trail, NC 28079 Subject: Additional Information Request Carolina Concrete II — Hebron St. Proposed COC NCG 140348 Mecklenburg County Dear Mr. Alexander: The Division received a NOI for the Carolina Concrete II — Hebron St. facility on December 22, 2004. Due to some back logged permits on my plate I was unable to begin my review of the application until August 9, 2005. In September of 2005 I was able to speak to Ms. Sandra Yarbrough, who informed me that all of the wastewater discharges from the facility drain to a large centralized pit that only discharges in response to storms larger than the 25 year/ 24 hour storm. I also wrote the COC to only include stormwater leaving the site, and stated that if wastewater did leave the site the COC would have to be amended and proper wastewater controls employed. In order to substantiate the fact that the pit only discharges in response to storms equal to or greater than the 25 year/ 24 hour storm please send me drawings and calculations that show this. It has also come to my attention that the ownership of this facility has changed. Please complete the enclosed name/ownership change form as well. Please get this information to my attention by January 13, 2006. Thank you -for your cooperation, and if you have any questions please call me at (919) 733-5083, ext. 578. Sincerely % Aisha H. Lau cc: Mr. Dexter Tart, Ready Mixed Concrete, P.O. Box 27326, Raleigh, NC 27611 Sforri►water-Permitting-Unit-Files No Carolina �turally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877.623-6748 An Equal OpportunitylAffirmative Action Employer — 50% Recycled110% Post Consumer Paper (Division of Water Quafity MEMO From: G ` I61 Date: V Z'77 To: A1661'10 '34�i Subject: 0 C- 0;1 le, f c J ti I� P S c Gl S I e. jh A H A G`/ } / G1,2lrh �' erA��h Ah exce 40 / w'A 5 r5 / �-P re � ve � y,,AP rI �1 1 u s7 �' op y W oL r ekV-e j^uC- 1 f—� �e,r y a l 5 VV tt r , ee- tl e NC®ENR 6 it North Carolina Department of Environment an Maturd rces C PO Box 29535, Raleigh, North Carolina 27626-0 5 / on : 73 - NCDENR Cwwo�wort,wa wren, �sounece Division of Water Quality I Water Quality Section National Pollutant Discharge Elimination System NCG140000 FOR AGENCY USE ONLY Date Received Year ;vlonth pa CertinratenrCwer Z G& I i I v Check 0 A t DIZ Permit Assigned to w NOTICE OF INTENT National Pollutant Discharge Elimination System application for coverage under General Permit NCG140000: STORMWATER AND PROCESS WASTEWATER DISCHARGES associated with activities classified as: SIC* 3273 Ready Mixed Concrete . Standard Industrial Classification Code (Please print or type) 1) Mailing address of ownerloperatof: _ Name �p�rr � !� G U",-, _, 1 Street Address _ ►'.C)�_ �_—--____—_—-..___._- cityState[ (ram ZIP Code Z' blQ - Op v 7 Telephone No. :2Q�L_ _��� Z�4Fax: Address to which all permit correspondence will be mailed 2) Location of facility producing discharge: Facility Name C i4Lit�Q� _ �c.RET T -E- _L—�L C- _--- —��� Facility Contact _ _-_ _x- 1�at���u-_._..—_...__ Street Address _— — — �8 S .—_—______�_ _----__..._._._...._.___ -------- City . . - TE7 -_- _ State ZIP Code County — CND C-KLF ---- Telephone No. _—�_ �_$�__ _ Fax: nd�L-_- 3) Physical Location information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). Q pF (A copy of a county map or USGS qued sheet with facility clearly located on the map is required to be submitted with this application) 4) This NPDES Permit Application applies to which of the following : 0 New or Proposed Facilib! Date operation is to begin tA(j- _— Existing 5) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: 6) Provide a brief description of the types of industrial activities and products produced at this facility (Include a site process diagram with this submittal): - Page 1 of 4 SWU-229-101701 DEC 2 2 2004 . dENR - WATER QUALITY Lai -da r7'1:11� 77'-L'v NCG140000 N.O.E. 7) Discharge points/ Receiving waters: How many discharge points (ditches, pipes, channels, etc.) convey stormwater from the property? What is the name of the body or bodies often (creak, stream, river, lake, etc.) that the facility stormwater discharges end up in? (,1,.���,ryD_� �31>II'� —___ If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal storm sewer). _ N A. JA Receiving water classification (if known):_ ,_ Note: Discharge of process wastewater to receiving waters classified as WS-II to WS-V or SA must be approved by the N.C. Dept. of Environmental Health. If DEH does not approve, coverage under NCG140000 cannot be granted. No new discharges of process wastewater are permitted In receiving waters classified as WS-I or freshwater ORW 8) Does this facility have any other NPDES permits? XNo ❑ Yes If yes, list the permit numbers for all current N?DES permits for this facility: 9) Does this facility have any Non -Discharge permits (ex: recycle permits)? XNo ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 10) Does this facility employ any best management practices for stormwater control? ❑ No ,KYes Q If yes, please briefly describe: _-&�A`-_ 11) Does this facility have a Stormwater Pollution Prevention Plan? ❑ No Ayes If yes, when was it implemented? 12) Are vehicle maintenance activities occurring at this facility? ❑ No K Yes 13) Are discharges occurring from any of the following process wastewater generating activities? Vehicle and equipment cleaning Cl Yes XNo Wetting of raw material stockpiles ❑ Yes K No Mixing drum cleaning ❑ Yes A No If yes to any of the above, please describe the type of process used to treat and/or recycle the process wastewater. Give design specifics (i.e. design volume, retention time, surface area, etc.). [Use separate sheet(s)] Note: Construction of any wastewater treatment facilities require submission of three (3) sets of plans and specifications along with this application. Design of treatment facilities must comply with requirements 15A NCAC 2H .0138. Page 2 of 4 SWU-229-101701 NCG140000 N.O.I. ,,, 14) Does the facility use a recycle system? ANo ❑ Yes If yes, does the system overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? ❑ Yes ❑ No If yes, provide plans, calculations, and supporting documentation. 15) Hazardous Waste: a) is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? PkNo ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? ;KNo ❑,Yes c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? XNo ❑ Yes d) If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: _�_ _ _ _ _ _ _ _ ..._—_—__...__-- How is material stored: Where is material stored: How many disposal shipments per year: Name of transport / disposal vendor:___ Vendor address: 16) Certification: North Carolina General Statute 143-215.6 b (1) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document riled or required to be maintained under Article 21 or regulations of the Environmental Management Commission Implementing that Article, or who falsifies, tampers with or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by Imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,OUO or imprisonment not more than 5 years, or both, for a similar offense.) I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. 1 certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Title: Etry (Signature of Applicant) Page 3 of 4 SWU-229-101701 '�50�{ Signed) NCG140000 N.O.I. Notice of Intent must be accompanied by a check or money order for $80.00 made payable to: Final Checklist This application will be returned as incomplete unless all of the following items have been included: ❑ Check for $80 made payable to NCDENR ❑ This completed application and all supporting documention ❑ Copy of county map or USGS quad sheet with location of facility clearly marked on map Mail the entire package to: Stormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of an NPDES permit. Page 4 of 4 SWU-229-101701 � 1 � _ abion { l� i 59� Q , �'' �••� �`•`� � 1_-,' r i � T \\� /Y� - '� 3391 in nE 31k9a ✓`-;: �I � � 00 + Cry � -,��/ � i '\ �7 i, - "i1 �"'¢, 1 ri% b 650 G 4, �r t so _+91 •> �� IN 3889 �. '�_ / 1 :• ,n'nx uLi' � � `. b C%3 Ali -�• � •'- �/ - N` �•,: ,apt ._.•Ki �� 65 `-',1`r � ,g s to 3 � "c•-i, 0 5 � � \(> •� �} � o - �o INTE H $l% k ­ / U \N 5 , 3887000m N. 1` / INTERIOR —GEOLOGICAL SURVEY. RESTON. VIRGINIA-11996 -35 '07'30" 5 �i� `'15O9 � 510 511�E. 80°52'30" 3z.C, y-•-A�A**6N'T�'j- ROAD CLASSIFICATION 1 MILE rimary highway, Light -duty road, hard or r and surface. -.-._..._... improved surface.........-� 0 ��<, o-. � F u-� - condary highway, t, h d surface.._..........._...., Unimproved road......._______-_ NT RS_ CTIOt� O1„ f AS O Interstate Route 0 U. S. Route O State Route I I r rn ti zf 1 fit CHARLOTTE WEST, NC � �tn QUADRANGLE LOCATION 35080-88-TF-024 co C3 sr_ Revisions shown in purple compiled in cooperation with 1993 o - North Carolina Department of Environment, Health and �o Natural Resources from imagery dated 1993 and other sources DMA 4854 III NW -SERIES V842 °O Map edited 199601 m ter` Information shown in purple may not meet USGS content ~ standards and may conflict with previously mapped contours cooz z a �3o MID'ATLANTIC AS S,Q CI AT E S, P.A. Engineering & Environmental Salution,c 409 Rn,gdry crew CUUN /Raleigh /Norrh Cumlina 127610 Mir 48b-75M 1919-250-9918 / 914-210-9954 &cJbnile . wwx.xkr,Junlincxarn July 13, 2000 Mr. Andy Stankwytch Unicon Concrete, LLC 2289 Salisbury Street Post Office Box 1835 Statesville, North Carolina 28687 Subject: STORM.WATERIPROCESS WASTEWATER FLOW CHARACTERISTICS UNICON CONCRETE FACILITY 325 EAST HEBRON STREET CHARLOTTE, -NORTH CAROLINA MID-ATLANTIC.J08 NO. 096RO331.00 Dear. Andy: At your request, Mid -Atlantic Associates. P.A. visited the aforementioned site to evaluate the storm waterlprocess wastewater flow characteristics at the site. As you are aware, ready mixed concrete facilities which discharge stormwater and/or process wastewater off - site through point source discharges are required to be covered under the North Carolina Department of Environment and Natural Resources, Division of Water Quality, General Permit No. 140000. If the stormwater and/or process wastewater generated at a facility dissipates and leaves the site as sheet flow, coverage under this permit is not required. Mr. Kerry Cooper of Mid -Atlantic visited the site on July 12, 2000 while the site was under construction. Based on our observations, review of the site drawings and discussions with you, it appears that there will be no paint. source discharges off of the site once construction is complete and the facility is operational. Although there are several slope drains an site and the two sediment ponds discharge over broad crested weirs, there is a large, heavily vegetated and gently sloping buffer zone between these discharge features and the -property boundary. It appears that the discharge from these features will dissipate into sheet flow prior to leaving the site. This determination was made based on the information available and site conditions at the time of our site visit. If flow characteristics at the site change once operations begin and result in point source discharges at the property boundaryisi, we recommend that you take steps to- eliminate the point source discharges or apply for coverage under General Permit 140000. As a precaution, it may be beneficlal to eliminate the slope drains after construction and route all stormwater and process wastewater to the sediment ponds. We also recommend you obtain from your design engineer detailed design and construction drawings/specifications for the sediment ponds in the' event the need arises to apply for coverage under the general permit. nc- -i-r orua--b7_9_44 Storm water/Process Wasrewater Flow Characteristics July 13, 2000 325 East Hebron Street Page 2 Charlotte, North Carolina Once again, we appreciate the opportunity to provide engineering and environmental services to Unicon Concrete, LLC. If we can be of further service please feel free to contact us at 1-800-486-7568. Sincerely, MID -ATLANTIC ASSOCIATES, P.A. ar'f�•.' Kerry C_ Cooper, P,E, Senior Engineer OMMldrnm LOO-2045 CIVIKL)' Darin M, McClure, P.E. Principal Engineer MID -ATLANTIC ASS0CIATE 5, P.A, &ngineerhig d' F'ne;ron,nrnlar $nlurinnc 1­1 r,nra_ _7 n� l 4 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG1.40000 TO DISCHARGE STORMWATER / 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 stormwater and process wastewater to the surface waters of North Carolina or separate storm sewer systems conveying stormwater to surface waters in accordance with the terms and conditions set forth herein. Coverage under this general permit is applicable to all owners or operators of stormwater point source discharges and process wastewater discharges associated with activities classified as establishments primarily engaged in Ready Mixed Concrete [Standard Industrial Classification Code (SIC) 32731. Also included in this General Permit are stormwater discharges from those areas at the facilities described above which are used for vehicle maintenance activities. The following activities are specifically excluded from coverage under this General Permit: * Disposal of process wastewater not specifically designated in this permit into stormwater conveyances, storm sewer outfalls or into waters of the state. * Disposal of return concrete and dumping excess concrete directly into stormwater conveyances, storm sewer outfalls or into waters of the state. The General Permit shall become effective on August 1, 2004. The General Permit shall expire at midnight on July 31, 2009. Signed this day July 13, 2004. Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission r Permit No. NCG140040 TABLE OF CONTENTS PART I INTRODUCTION Section A: General Permit Coverage Section B: Permitted Activities Section C: Permit Renewal PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements - Stormwater discharge Section C: Analytical Monitoring Requirements - Process wastewater discharge Section D: Qualitative Monitoring Requirements PART III STANDARD CONDITIONS Section A: Compliance and Liability I. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Continuation of the Expired General Permit 2. Transfers 3. When an Individual Permit May be Required 4. When an Individual Permit May be Requested 0 Permit No. NCG t 40000 5. 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 Starmwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements I. 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 4. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS if Permit No. NCG140000 PART I INTRODUCTION SECTION A: GENERAL PERMIT COVERAGE All persons desiring to be covered by this General Permit must register with the Division of Water Quality by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to any discharge of stormwater associated with industrial activity that has a point source discharge to the surface waters of the state. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0I00, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 days prior to commencement of discharge. This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been revoked. Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be revoked and coverage under this General Permit be provided. Facilities submitting NOIs for coverage under this permit, prior to establishment or approval of a Total Maximum Daily Load (TA4DL) for a priority pollutant(s) for stormwater discharges (i.e. wet weather flows), may be covered under this permit during its term. For such facilities continued coverage under the reissuance of this permit is subject to the facility demonstrating that it does not have a reasonable potential to violate applicable water quality standards for such pollutants due to the stormwater discharge(s). For facilities that do have a reasonable potential for violation of applicable water quality standards due to the stormwater discharge(s) the facility shall apply for an individual permit 180 days prior to the expiration of this general permit. Once the individual permit is issued and becomes effective the facility will no longer have coverage under the general permit. A list of approved TMDLs for the state of North Carolina can be found at http://h2o.enr.state.ne.us/tmdl/General_TMDLs.htm During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater and/or process wastewater associated with industrial activity as defined in this permit. Such discharges shall be controlled, limited and monitored as specified in this permit. Although this permit requires submittal of analytical monitoring results annually, discharges occurring throughout the year must meet the conditions and limitations of this permit. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater and process wastewater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this General Permit. All discharges shall be in accordance with the conditions of this permit. Part I Page I of 2 Permit No. NCG140000 Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. The discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. SECTION C: PERMIT RENEWAL Dischargers covered by general permits need not submit new Notices of Intent or renewal requests unless so directed by the Division. If the Division chooses not to renew a general permit, all facilities covered under that general permit shall be notified to submit applications for individual permits or notified to take other appropriate actions at the discretion of the Director. Pan 1 Page 2 of 2 Permit No, NCG 140000 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this general permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility. 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. (b) A list of the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges . (c) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (d) 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, existing BMPs 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. (e) A list of significant spills or leaks of pollutants (see definitions) that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (1) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 5. 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 Part II Page 1 of I I Permit No. NCG 140000 nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the storrwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title IIl of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, -or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices have a drain, the drain shall be controlled by manually activated valves or other similar devices, which shall be secured with a locking mechanism. If there is no drain, the containment shall be observed and pumped out as needed to maintain adequate capacity. Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, and visible sheens, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment Part I1 Page 2 of 11 Permit No. NCG 140000 and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 5. Employee Training. Training schedules shall be developed and training provided for all employees 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. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance, which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. Revision dates should be included on the pages changed. The Director, or his designee, may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 34 days of such notice, the permittee shall submit a time schedule to the Director, or his designee, for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 5) to the Director, or his designee, that the changes have been made. $. Facility Inspection Program. Facilities are required to inspect all BMP's and stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once during the 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 any comments. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, 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. Part 11 Page 3 of I I Permit No. NCG140000 SECTION B: ANALYTICAL MONITORING REQUIREMENTS - STORMWATER DISCHARGE I . Storrnwater associated with industrial activity that is not combined with process wastewater 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 that is not combined with process wastewater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1. For each parameter, the arithmetic mean of all analytical sampling results collected during the term of the permit shall be calculated for each individual outfall. The computed arithmetic mean is then compared to the cut-off concentrations listed below in Table 2. If the arithmetic mean is less than the specified cut-off concentration for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter (at that outfall) during the remaining term of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring at an individual discharge outfall, the permittee is required to maintain facility operations that ensure the continuation of stormwater runoff quality. The nermittee must perform analvtical samolina of stormwater discharges during the first and last Year of the vermit coverage regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit coverage must be submitted with the permit renewal application. All analytical monitoring shall be performed during a representative storm event. Table I. Analytical Monitoring Requirements Disiht rge. Uniis Measurement . tia ile Sample Charitrteristies rx- uenc ' - - r 2 Type Location' H standard annually Grab SDO Total Suspended Solids m i annually Grab SDO Total Rainfall° inches annually- - Event Duration minutes annually- - Total Flow° MG annually Grab SDO Footnotes: 1 Measurement Frequency: Once per year during a representative storm event. A year is defined as the 12 month period beginning on the month and day of issuance of the Certificate of Coverage. Sampling for the next year shall be scheduled to take place at least four months from the previous years sampling event. Part I1 Page 4 of I 1 W' ft [i��KtJ[[IIII11] 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. In all cases, water leaving the pond is to meet permit requirements. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. W 4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. 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. Table 2. Cut-off Concentrations for Analytical Monitoring Requirements Uischaig� Cliraracteristics. 'Cut-off Concen, tr-ation pH within ran a 6.0 - 9.0 Total Suspended Solids 100 mg/1 Footnotes: 1 pH cannot be averaged due to the nature of the logarithmic pH scale. The most recent pH sample result shall be used for cut-off concentration purposes. 2. Stormwater associated with industrial activity from on -site vehicle maintenance areas that is not combined with process wastewater Facilities which have 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 perform analytical monitoring as specified below in Table 3. This monitoring shall be performed at all outfalls which discharge stormwater runoff from the vehicle maintenance areas. For each parameter, the arithmetic mean of all analytical sampling results collected during the coverage of the permit shall be calculated for each individual outfall. The computed arithmetic mean is then compared to the cut-off concentrations listed below in Table 4. If the arithmetic mean is less than the specified cut-off concentration for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter (at that outfall) during the remaining coverage of the permit unless a significant change in facility operations or configuration occurs. if a cut-off concentration results in discontinued analytical monitoring at an individual discharge outfall, the permittee is required to maintain facility operations that ensure the continuation of stormwater runoff quality. The permittee must perfon-n analytical sampling during the first and last ear of the permit coverage regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit coverage must be submitted with the permit Part I1 Page 5 of I I Permit No. NCG 140000 renewal application. All analytical monitoring shall be performed during a representative storm event. Table 3. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Frequency' ' Sample, Type Sample Location' H standard annually Grab SDO Total Suspended Solids mg/1 annually Grab SDO Oil and Grease mgfl annually Grab SDO New Motor Oil Usagegallons/month annually Estimate - Total Rainfall° inches annually- - Event Duration` rrtinutes annually- - Total Flow4 MG annually Grab SDO Footnotes: Measurement Frequency: Once per year during a representative storm event. A year is defined as the 12 month period beginning on the month and day of issuance of the Certificate of Coverage. Sampling for the next year shall be scheduled to take place at least four months from the previous years sampling event. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes'of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. In all cases, water leaving the pond is to meet permit requirements. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 Total flow shall be; (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. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Table 4. Cut-off Concentrations for On -Site Vehicle Maintenance Activities llischarge Chir'act - istics - _ . Cut' off.. Concentratic�it PHI within range 6.0 - 9.0 Oi l and Grease 30 mg/l Total Suspended Solids 100 Me Footnotes: 1 pH cannot be averaged due to the nature of the logarithmic pH scale. The most recent pH sample result shall be used for cut-off concentration purposes. Part lI Page 6 of I 1 Permit No. NCO140000 SECTION C. ANALYTICAL MONITORING REQUIREMENTS - PROCESS WASTEWATER This general permit authorizes the discharge of process wastewater associated with four distinct activities: 1) Vehicle and equipment cleaning - external surfaces; 2) Overflow from recycle systems that receive stormwater runoff; 3) Wetting of raw material stockpiles; 4) Mixing drum cleaning. Discharge of process wastewater generated by any other activity is not authorized under this permit. In the event that authorized process wastewaters commingle prior to discharge, sampling the combined discharge will meet the conditions of this permit for those separate activities, with respect to the annual sample. In the case of commingled process wastewater, the most stringent of the applicable limits will apply. Note: For facilities which route stormwater and all process wastewater to a recycle system, no analytical monitoring of process wastewater discharges is required if that recycle system discharges only as a result of a 10 year - 24 hour precipitation event. Process Wastewater Associated with Vehicle and Equipment Cleaning During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge process wastewater associated with vehicle and equipment cleaning subject to the provisions of this permit. For the purposes of this permit, vehicle and equipment cleaning is limited to the rinsing of the external surfaces of vehicles and equipment. If detergents are used, they must be biodegradable and the pH adjusted to 6 to 9 standard units. With or without the use of detergents, wastewater released to the waters of the State must meet the requirements of Table 5 Analytical monitoring of process wastewater associated with vehicle and equipment cleaning discharges shall be performed as specified below in Table 5. Annual analytical monitoring shall be performed during a process wastewater discharge event associated with vehicle and equipment cleaning. Table 5. Analytical Monitoring Requirements Discharge-` . ' Measurement . � Sample ' Saruple-,; Characteristics Units ' � . Fri gquencyi Maximum: Type2 Locations l.:imit° pH standard annually - Grab E Total Suspended Solids m l annually 30 m 1 Grab E Settleable Solids ml/l annually 5 m1/1 Grab E Event Durations minutes annually- - - Total Flows gallons annually - - E Part I1 Page 7 of 11 Permit No. NCG140000 Footnotes: 1 Measurement Frequency: Once per year during a discharge event. A year is defined as the 12 month period beginning on the month and day of issuance of the Certificate of Coverage. Sampling for the next year shall be scheduled to take place at least four months from the previous years sampling event. 2 If the discharge is controlled by a detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. In all cases, water leaving the pond is to meet permit requirements. 3 Sample Location: Effluent (E) = vehicle and equipment cleaning wastewater discharge outfall. 4 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 5 For each sampled discharge event the total discharge duration and total flow must be monitored. Total flow can be measured continuously or calculated. 2. Process Wastewater Associated with Recycle Systems During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge process wastewater associated with the overflow of recycle systems subject to the provisions of this permit. Overflow discharge refers to a discharge associated with precipitation events in excess of the design storm, which produces influent that exceeds the design capacity of the system. Note: By design, a recycle system is closed loop and should not discharge on a routine or continuous basis. As such, the routine or continuous discharge of process wastewater from recycle systems is not authorized under this permit. Analytical monitoring of process wastewater associated with the overflow of recycle system discharges shall be performed as specified below in Table 6. All analytical monitoring shall be performed during a process wastewater discharge event associated with the overflow of recycling system. Table 6. Analytical Monitoring. Requirements WHY — Discharge Measurement Sample Sample Characteristics Units Frequency . Max'; Type, Location'; Unlit- H4 standard annually - Grab E Total Suspended Solids m annually 30 m I Grab E Settleable Solids ml/l annually 5 ml/1 Grab E Event Duration4 minutes annually- - - Total Flows gallons annually - - E Part II Page 8 of 11 Permit No. NCG140000 Footnotes: 1 Measurement Frequency: Once per year during a recycle system overflow discharge event. If no discharge event occurs during the monitoring year, the permitte shall generate a signed certification stating that no discharge occurred and that no sample is required for that monitoring year. A year is defined as the 12-month period beginning on the month and day of issuance of the Certificate of Coverage. Sampling for the next year shall be scheduled to take place at least four months from the previous years sampling event_ if the recycle system only discharges in response to a 10 year - 24 hour precipitation event, no monitoring is required. 2 Sample within the first 30 minutes of discharge. 3 Sample Location: Effluent (E) = recycle system discharge outfall. 4 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 5 For each sampled recycle system discharge event the total discharge duration and total flow must be monitored_ Total flow can be measured continuously or calculated. 3. Process Wastewater Associated with Raw Material Stockpiles During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge process wastewater associated with wetting of raw materials stockpiles subject to the provisions of this permit. ' Analytical monitoring of process wastewater associated with wetting of raw material stockpile discharges shall be performed as specified below in Table 7. All analytical monitoring shall be perforated during a process wastewater discharge event associated with wetting of raw material stockpiles. Table 7. Analytical Monitoring Requirements Discharge. Measurement I)arlly Sample Sample Ghaeacteristics - Units Freq>E encyx MaX IM1111i ':t , _ T yl)e 2 . Location Liitlit pH standard annually - Grab E Total Sus nded Solids mg/1 annual] 30 m I Grab E Settleable Solids ml/l annual] S ml/l Grab E Event Duration' minutes annually- - - Total Flow' gallons annually - - E Footnotes: I Measurement Frequency: Once per year during a discharge event. A year is defined as the 12 month period beginning on the month and day of issuance of the Certificate of Coverage. Sampling for the next year shall be scheduled to take place at least four months from the previous years sampling event. 2 Sample Location. Effluent (E) = raw material stockpile discharge outfall. 3 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. Part 11 Page 9 of 11 Permit No. NCG140000 4 For each sampled discharge event the total discharge duration and total flow must be monitored. Total flow can he measured continuously or calculated. For discharges in excess of 24 hours, report total flow in 24-hour period and event duration in days. 4. Process Wastewater Associated with Mixing Drum cleanout During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge process wastewater associated mixing drum cleanout subject to the provisions of this permit. Analytical monitoring of process wastewater associated with mixing drum cleanout discharges shall be performed as specified below in Table S. All analytical monitoring shall be performed during a process wastewater discharge event associated with mixing drum cleanout. Table 8. Analytical Monitoring Requirements I)uity. Discharge Measurement Sample Sample -,Characteristics . Tunits t Frequent Maximum '1 ype 2 Loi�ation ;:: Linut PH standard annually - Grab E Total Suspended Solids mg/1 annually 30 m Grab E Settleable Solids ml/1 annually S MIA Grab E Event Duration4 minutes annually- - - Total Flow° allons. annually - - E Footnotes: 1 Measurement Frequency: Once per year during a discharge event. A year is defined as the 12 month period beginning on the month and day of issuance of the Certificate of Coverage. Sampling for the next year shall be scheduled to take place at least four months from the previous years sampling event. 2 Sample Location: Effluent (E) = Mixing drum cleanout area discharge outfall. 3 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 4 For each sampled discharge event the total discharge duration and total flow must be monitored. Total flow can be measured continuously or calculated. Part 11 Page 10 of l l Permit No. NCG140000 SECTION F: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall and/or combined stormwater / process wastewater outfall regardless of representative outfall status and shall be performed as specified below in Table 9. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater and combined stormwater / process wastewater outfalls does not need to be performed during a representative storm event. The first qualitative monitoring event during the coverage of the permit must coincide with the initial anal ical monitoring, event (regardless of the season). All other qualitative monitoring will be - performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 9. Qualitative Monitoring Requirements Discharge Characteristics .. 'Frequency Munitozring I , , Location;,, Color Semi -Annual Discharge Outfall Odor Semi -Annual Discharge Outfall Clarity Semi -Annual Dischar a Outfall Floatin Solids Semi -Annual Discharge Outfall Suspended Solids Semi -Annual Discharge Outfall Foam Semi -Annual Discharge Outfall Oil Sheen Semi -Annual Dischar a Outfall Other obvious indicators of stormwater pollution Semi -Annual Discharge Outfall Footnotes: 1 Monitoring Location: Qualitative monitoring shall be performed at each stormwater/process wastewater discharge outfall regardless of representative outfall status. Part 11 Page 11 of I I Permit No. NCG 140000 PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: 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 H, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial certificate of coverage. Proposed 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 11, Section A; Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to Cam 1 . The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. (a) The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $27,500 per day for each violation. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 Part Ill Page 1 of 19 Permit No. NCG140000 per day of violation, or by imprisonment of not more than 2 years, or both. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. (c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. (d) Any person may be assessed -an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $1.1,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class H violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in 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 C of this permit regarding bypassing of stormwater control facilities, nothing in this general permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143- 215.3, 143-215.6A, 143-215.6B, 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 Part III Page 2 of 19 Permit No. NCG140000 the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property -Rights The issuance of this general permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 7. Severability The provisions of this general permit are severable, and if any provision of this general permit, or the application of any provision of this general permit to any circumstances, 1s held invalid, the application of such provision to other circumstances, and the remainder of this general permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general permit or to determine compliance with this general permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this general permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this general permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this general permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. Part III Page 3 of 19 Permit No. NCG140000 SECTION B: GENERAL CONDITIONS General Permit Expiration The permittee is not authorized to discharge after the expiration date of this General Permit. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit Forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers The certificate of coverage issued pursuant to this general permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the certificate of coverage to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required to notify the Division in the event the permitted facility is sold or closed. 3. When an Individual Permit May be Required The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual permit or coverage under an alternative general permit. Any interested person may petition the Director to take action under this paragraph. Cases where an individual permit may be required include, but are not limited to, the following: 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; 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. Part III Page 4 of 19 Permit No. NCG140000 4. When an Individual Permit May be Requested Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit. 5. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. 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: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Part ID Page 5 of 19 Permit No. NCG 140000 C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 6. General Permit Modification, Revocation and Reissuance, or Termination The issuance of this general permit does not prohibit the Director from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123;.Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143- 215.1 et. ai. 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. 7. Certificate of Coverage Actions The certificate of coverage issued in accordance with this general permit may be modified, revoked and reissued, or ternnated for cause. The notification of planned changes or anticipated noncompliance does not stay any general permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this general permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the general permit. Part Ili Page 6 of 19 Permit No. NCG140000 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit. 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 permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. 4. Bypassing of Wastewater Treatment Facilities The permittees 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 Part III, Section CA.a and Part III, Section CA.b. a. Notices (1) Anticipated bypass. If the permittees 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 permittees shall submit notice within 24 hours of becoming aware of an unanticipated bypass as required in Part III, Section E.7. of this permit. b. Prohibition of Bypass (1) Bypass is prohibited and the Director may take enforcement action against the permittees for bypass, unless: Part III Page 7 of 19 Permit No. NCG 140000 (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 untreated waste or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup 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 permittees submitted notices as required under Part III, Section CA.a of this permit. (2) The Director may approve an anticipated bypass, after considering its adverse affects, if the Director determines that it will meet the three conditions listed in Part III, Section CA.b.(1) of this permit. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this general permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; C. The analytical techniques or methods used. and Part III Page 8 of 19 Permit No. NCG 140000 f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this general permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site (preferably in the SPPP file). The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this general permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; Part M Page 9 of 19 Permit No. NCG 140000 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 1_ Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Subrhittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. Documentation of the qualitative monitoring associated with the initial analytical monitoring event shall be included with the required analytical monitoring submittal for the first year of the permit coverage. Analytical results from sampling during the final year of the permit coverage shall be submitted with the permit renewal application. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality As Part III Page 10 of 19 Permit No. NCG140000 required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Nan-Stormwater Discharges If the storm event monitored in accordance with this general permit coincides with a non- stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the general permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Antici ated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the general permit requirements. 7. Noncompliance Notification The permittees shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledgeof the occurrence of any of the following: a. Any occurrence at the wastewater treatment facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. C. Any failure of a treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. Part III Page I I of 19 Permit No. NCG140000 8. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 9. Twenty-four Hour Reporti� The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. It. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this general permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 12 of 19 Permit No. NCG140000 PART IV LIMITATIONS REOPENER This general permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the general permit; or b. • Controls any pollutant not limited in the general permit. The general permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Certificate of Coverage. PART VI DEFINITIONS Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: Part Ill Page 13 of 19 Permit No. NCG140000 (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. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BWs may take the form of a process, activity, or physical structure. 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies the general permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division orDWO The Division of Water Quality, Department of Environment and Natural Resources. Part III Page 14 of 19 Permit No. NCG140000 10. Director The Director of the Division of Water Quality, the permit issuing authority. 11. EMC The North Carolina Environmental Management Commission. 12. Grab Sample An individual samples collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfi I I A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self- government such as a city or town. 16. 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. 17. 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. 18. Permittee The owner or operator issued a certificate of coverage pursuant to this general permit. Part Ill Page 15 of 19 Permit No. NCG140000 19. Point Source Discharge of Stormwater — Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 20. Process Wastewater For the purposes of this permit, process wastewater is wastewater generated from the following activities: (a) Vehicle and equipment cleaning operations. For the purposes of this permit, vehicle and equipment cleaning is limited to the rinsing of the external surfaces of vehicles and equipment. If detergents are used, they must be biodegradable and the wastewater pH adjusted to 6 to 9 standard units (b) Recycle system operations overflow discharge. Overflow discharge refers to a discharge associated with an excessive precipitation event, which produces influent that exceeds the design capacity of the system. By design, a recycle system is closed loop and should not discharge on a routine or continuous basis. As such, the routine or continuous discharge of process wastewater from recycle systems is not authorized under this permit. (c) Raw material stockpile wetting operations. This includes wetting for control of temperature and moisture content. Washing of raw materials is not authorized under this permit. (d) Mixing drum -cleaning operations. This includes vehicle mixing drum and facility mixing drum cleaning. It also includes flushing the bed of a dump truck, if used to deliver concrete to a job site. 21. Re resentative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 22. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. Part III Page 16 of 19 Permit No. NCG 140000 23. 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. This structure must have an impervious bottom and walls sealed to hold the chemicals stored within the structure. The walls will preferably be poured concrete, rather than concrete block. 24. Section „313 Water Priority Chemical A chemical or chemical category which: 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 11 (organic priority pollutants), Table Ill (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. 25. 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. 26. Significant Materials Includes, but is not limited to. raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste Part III Page 17 of 19 Permit No. NCG140000 products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 27. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 28. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 29. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 30. 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. 31. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. 32. 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. 33.. Total Maximum Daily Load TMDL TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific waterbody and pollutant. (A list of approved TMDLs for Part III Page 18 of 19 Permit No. NCG140000 the state of North Carolina can be found at http:/fh2o.enr.state.nc.us/tmdt/General_TMDLs.htm) 34. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 35. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 36. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 37. Vehicle and equipment cleaning _ -_ For the purposes of this permit, this cleaning is limited to the rinsing of the external surfaces of vehicles and equipment. If detergents are used, they must be biodegradable and the pH adjusted to 6 to 9 standard units 38. 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. 39. 25-year, 24 hour stone event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part HI Page 19 of 19