HomeMy WebLinkAboutNC0006726_COMPLETE FILE - HISTORICAL_19971001STORMWATER DIVISION CODINGSHEET• - •-- .--
RESCISSIONS .
PERMIT NO.
DOCiYPE
"COMPLETE FILE -HISTORICAL
DATE OF
.RESCISSION
❑
YYYYMMDD
0
Broyhill Furniture Industries, Inc.
One Broyhill Park, Lenoir, North Carolina 28633
6ROYH1ll
October 1, 1997
Mr. Michael Parker
North Carolina Dept. Of Environment, Health,
and Natural Resources
Division of Environmental Management
Water Quality Section
Interchange Building
59 Woodfin Place
Asheville, North Carolina 28801
Dear Michael:
SUBJECT: BROYHILL FURNITURE INDUSTRIES, INC.
Marion Plant
Marion, North Carolina
McDowell County
The purpose of this letter is to follow up our phone conversation concerning the concrete
release at the Marion facility with a more in-depth written report. The activities of September 22,
1997, was the second phase of a three phase project to repair the series of corregated metal pipe
that conveys the tributaries of Youngs Fork Creek underneath our facility. The repairs are to be
carried out by damming up the creek with sand bags and pumping the collected water through 8"
PVC pipes in order to by-pass the work area so that concrete could be poured across the bottom
of the deteriorated pipe. The first phase of the repair was completed the week of September 15th.
with no problems.
On September 22, 1997, our contractors(supervised by Steve Turner, our construction
engineer) dammed up the creek and started pumping water in order to work on phase 2 of our
project. By 10,00 a.m, it appeared that the work area was dry and our contractor pumped
concrete across the bottom of the pipe. Around 12:00, our contractors noticed concrete seeping
into the creek, apparently from water that was running underneath the corregated pipe. Efforts
were begun by our contractor and plant personnel to stabilize the poured concrete with sandbags
and plastic. Also at this time straw that is kept at the plant for spills, was used to erect two dykes
in order to filter the water and prevent any more foam or visible debris from going downstream.
Our contractors and plant personnel worked until about 4:00 p.m, to clean up the creek and
remove any foam. Our plant personnel did not notify anyone at this time because they felt the
foam had been cleaned up and did not consider or realize that this could be considered a spill.
The next day, our contractors and plant personnel, along with Steve Turner worked on
cleaning up the creek from about 10:30 to 2:30. The creek banks were cleaned from the culvert
discharge to West Henderson Street, and about 200 feet downstream, beyond the highway
culvert. On September 24, 1997, the straw dykes were removed from the creek.
Within the next several weeks we plan to complete the third phase of our project. On
September 29, 1997, Mr. Steve Turner called and talked to Mr. Steve Chapin, of the Army Corps
of Engineers to inquire of our possible need for a permit. Mr. Chapin stated that we would not
need a permit to repair an existing culvert. We plan to take the following steps to assure that we
do not have a recurrence of this incident:
1) dam the creek up well above the culvert, so that no water can get under it.
2) wait at least 24 hours after we dam up the creek and start pumping water to make sure that
the work area is dry and the dam is working.
3) do a smaller section of repair.
4) monitor the project closer. I plan to be there to monitor visually and check Ph and I will call
you at least a day in advance so that you will have the opportunity to be there.
Thank you for your assistance in this matter and if you need further information, please
call me at 704-758-3374.
Sincerely,
BROYHILL FURNITURE INDUSTRIES, INC.
�: c
David Stout
Corporate Environmental Manager
cc
Bill Sale, Manager of Broyhill Engineering and Construction
Ron Jarrett, Manager of the Marion Plant
Steve Turner, Construction Engineer
Jim Morgan, Environmental/Safety Compliance Manager - Marion Plant
h:lwpVetL3011097.let
DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) ror Lao Use UNLY
COUNTY �T r
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Lab Number: 0 NIslJ
Date Received: !' JJ - 1 !
Time: 9:y 0
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DATA ENTRY BY: Sn "
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Station
Date Begin {yy/mm/dd} Ti a Begin
Date End
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Value Type Composite
Sample Ty e
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1
BOD5 310 mg/1
2
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3
COD Loa 335 moll
4
Coliform: MF Fecat 31616 /100ml
5
Colllorm: MF Total 31504 /loom[
6
Coliform: Tube Fecal 316I5 /loom]
7
Coliform: Fecal Strep 31673 /loom]
8
Residue: Total 500 mg/i
9
Volatile 505 mg/l
10
Fixed 510 mg/l
11
Residue. Suspended 530 moll
12
Volatile 535 moll
13
Fixed 540 mg/1
14
pH 403 units
15
Acidity to pH 4.5 436 mg/1
16
Acidity to pH 8.3 435 mg/I
17
Alkalinity to pH 8.3 415 g t f mg/1
18
Alkalinity to pH 4.5 410 too moll
19
TOC 680 moll
20
Turbidity 76 NTU
Chloride 940 moll
Chi a: Trl 32217 ug/1
Chi a: Corr 32209 ug/1
Pheophytin a 32213 ug/I
Color: True 80 Pt -Co
Color:{pH j 83 ADMI
Color: pH 7.6 82 ADM[
Cyanide 720 mg/l.
Fluoride 951 moll
Formaldehyde 7I880 moll
Grease and Oils 556 moll
Hardness Total goo moll
Specific Cond. 95 uMhos/cm2
MBAS 38260 mg/1
Phenols 32730 ug/1
Sulfate 945 moll
Sulfide 745 moll
NH3 as N 610 moll
TKN as N 625 mg/l
NO2 plus NO3 as N 630 moll
F. Total as P 665 moll
PO4 as P 70507 moll
P, Dissolved as P 666 moll
Cd-Cadmium 1027 ugA
CrChromium:Total1034 USA
Cuiopper 1042 ug/1
Ni-NLckel I067 ug/l
Pb-Lead 1051 USA
Zn-Zinc 1092 ug/l
Ag-Silver 1077 uSA
AI -Aluminum 1106 ug/I
Be -Beryllium 1012 ug/1
Ca -Calcium 916 moll
Co -Cobalt 1037
Fe-[ron 1045
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Li -Lithium 1132 ug/1
Mg -Magnesium 927
Mn-Manganese 1055
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Na-Sodium 929
Arsenic:Total 1002 ug/I
Se -Selenium 1147 ug/I
Hg-Mercury 71900 ugA
Organochlorine Pesticides
Organophospiiorus Pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'
Phytoplankton -
Sampling Point X
Conductance at 25 C
Water Temperature
D.O. m9A
pH
Alkalinity
Acidity
Air Temperature (C)
PH 8.3 pH 4.5
pH 4.5 pH 8.3
2
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400 •
82244 431
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Cloud Cover R
Wind Direction (Deg)
Stream Flout Severity
Turbidity Severity
Wind Velocity M trBtre".Ut eyth ft-IS.
ti rn,Width Et.
OCT - 6LQ7
480
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135I
1350
35
? WATc DUALITY SFr in)m
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DMI/Revised 10/86
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY FIELD -LAB FORM (DM1)
COUNTY
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Shipped by: Sus Course Sta Other
COLLECTO_R(S): 7./
Estimated BOD R 5 25/25-65/40-130 or 100 plus STATION LOCATION:
Seed: Yes ❑ No ❑ Chlorinated. Yes ❑ No ❑ REMARKS:
I -or Lab Use ONLY r�
Lab Number:
Date Received: C/ - a3-Time: K CC)
Rec'd by: From: Bus -Courier and D 1
DATA ENTRYBY: QS ^ _ CK:
DATE REPORTED:
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Station ? Date Begin (yy/mm/dd) Time Begin I Date End Time End I Depth DM DB DOM r
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4
Coiiform: MF Fecal 31616 /looml
5
Coliform: MF Total 31504 /loom]
6
Coliform: Tube Fecal 31615 /100mi
7
Coiiform: Fecal Strep 31673 /loom]
8
Residue: Total 500 mg/l
9
Volatile 505 mg/1
10
Fixed 510 mg/1
11
Residue: Suspended 530 mg/I
12
Volatile 535 mg/l
13
Fixed 540 mg/l
14
pH 403 units
15
Acidity to pH 4.5 436 mg/l
16
Acidity to pH 8.3 435 mg/i
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Alkalinity to pH 8.3 415 0 mg/]
18
Alkalinity to pH 4.5 410 3 O mg/l
19
TOC 680 m9A
20
Turbidity 76 NTU
Chloride 940 mg/1
Chl a: Tri 32217 ug/i
Chi a: Corr 32209 ug/1
Pheophytin a 32213 ug/i
Color: True 80 Pt -Ca
Color:(pH ) 83 ADMI
Color: pH 7.6 82 ADMI
Cyanide 720 mg/I
Fluoride 951 mg/I
Formaldehyde 71880 mg/1
Grease and Oils 556 mgA
Hardness Total900 mg/I
Specific Cond. 95 u.Mhos/cm2
MBAS 38260 mg/l
Phenols 32730 ug/1
Sulfate 945 m9A
Sulfide 745 mg/i
NH3 as N 610 mgA
TKN as N 625 mg/l
NO2 plus NO3 as N 630 mgA
P: Total as P 665 mg/1
PO4 as P 70507 mgA
P. Dissolved as P 664 mg/I
Cd-Cadmium 1027 ugA
Cr-Chromium:Toted 1034 ug/1
Cu-Copper 1042 ug/1
Ni-{Nickel 1067 ug/1
Pb-Lead 1051 ugA
Zn-Zinc 1092 ugA
Ag-Silver 1077 u!3A
AI -Aluminum 1105 ug/1
Be -Beryllium 1012 ug/f
Ca -Calcium 916 mg/l
Co -Cobalt 1037 u9/1
Fe -Iron 1045 ug/I
Li -Lithium 1132 ugA
Mg -Magnesium 927 m
Mn-Manganese 1055 u
Na-Sodium 929 mg
Arsenic -Total 1002 ug/I
Se -Selenium 1147 ug/1
Hg-Mercury 71900 ug/1
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Organophosphorus Pesticides
Acid Herbicides
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Sampling Point R
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State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor
William W. Cobey, Jr., Secretary
16m- im7`� sliaui
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
November 4, 1992
Don Safrit, Supervisor
Permits and Engineering Section
THROUGH: Forrest R. Westall
Water Quality Regional Supervisor
FROM: James R. ReCd'Environmenemist
Ann B. Orr
Regional Manager
SUBJECT: Revocation of NPDES Permit No. NC0006726
Broyhill Furniture Industries, Inc.
McDowell County
Attached is a letter for your consideration and signature.
I inspected the facility on November 2, 1992 along with Mr.
Gary Yates of Broyhill. The two wastewater streams
associated with NPDES Permit NCO006726 had been eliminated.
Revocation in accordance with the facility's request (see
attached) is recommended. Please contact me if there are
questions or a need for additional information.
Enclosure
Interchangc Building, 59 Wcwdfin Place, Asheville, N.C. 28801 • Telephone 704-251-6208
An F-(jual Oplxrrtunity Affirmative Action Fmplr)ver
O M 5TATE o
L
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Regional Offices
Asheville
704/251-6208 Mr. David Stout
A. Preston Howard, Jr., P.E.
Acting Director
Corporate Environmental Manger
Fayetteville Broyhill Furniture Industries, Inc.
919/486-1541 One Broyhill Park
Lenoir, North Carolina 28633
Mooresville
704/663-1699 Subject: Revocation of NPDES Permit
Number NCO006726
Raleigh Broyhill Furniture Industries,
919/571-4700 Inc.
McDowell. County, North Carolina
Washington
919/946-6481 Dear Mr. Stout:
Wilmington The Division of Environmental Management is in
919/395-3900 receipt of information which confirms that the subject
facility does not discharge wastewater to the surface
Winston-Salem waters of the State of North Carolina. For this reason
919/896-7007 you are not required to have a NPDES Permit. Therefore,
based on your request, NPDES Permit Number NC0006726 for
Broyhill Furniture Industries' plant located in Marion,
North Carolina is hereby revoked effective immediately.
Should you wish at some future time to discharge
wastewater to the surface waters, you must .first apply
for and receive a new NPDES Discharge Permit.
If you have questions or need to discuss this matter,
please do not hesitate to contact Mr. Don Safrit at
919/733-5083.
Sincerely,
A. Preston Howard, Jr., P.E.
xc: Mr. Jim Patrick, EPA
Compliance Oversight Group
Asheville Regional. Office
Ms. Cindy Finan
Technical Services Branch
Permits and Engineering Section
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015
Broyhill Furniture Industries, Inc.
One Broyhill Park, Lenoir, North Carolina 28633
October 2, 1992
Mr. A. Preston Howard, Jr.
State of North Carolina
Depart. of Environment, Health, and
Natural Resources
Division of Environmental Management
512 North Salisbury Street
Raleigh, North Carolina 27604
SUBJECT: NPDES PERMIT NO. NC0006726
BROYHILL FURNITURE IND. - MARION PLANT
MCDOWELL COUNTY
Dear Mr. Howard:
In response to your letter of September 28, 1992, requesting
payment of NPDES PERMIT NO. NC0006726 Annual Fee, I submit the
following:
1 ) I did not receive the invoice for the annual fees for this
year for the Broyhill Marion Plant. In the future, you should
sent all correspondence concerning environmental matters to the
following address:
David Stout, Corporate Environmental Manager
Broyhill Furniture Industries, Inc.
One Broyhill Park
Lenoir, North Carolina 28633
2) I have sent a letter dated August 27, 1992 to the Asheville
Regional Office to inform them that all water discharges at the
Broyhill Marion Facility have been eliminated, and requested that
NPDES Permit No. NC0006726 be eliminated. A copy of this letter
is enclosed. RECEIVED
Water Quafity Settim
OCT � G92
ADheville Regional Offt+l
.Weville. north Caraff-mr
Thank you for any assistance that you may be able to give us
in this matter.
cc Mr. Roy Davis
0
Sincerely,
BROYHILL FURNITURE INDUSTRIES, INC.
David Stout
Corporate Environmental Manager
r�
Broyhill Furniture Industries, Inc.
One Broyhill Park, Lenoir, Nordh Carolina 29633
Mr. James R. Reid
North Carolina Dept. of Environment,
Health, and Natural Resources
Division of Environmental Management
Water Quality Section
Interchange Building
59 Woodfin Place
Asheville, North Carolina 28801
Dear Mr. Reid:
SUBJECT: NPDES Permit Number NCO006726
Broyhill.Furniture Industries
Marion Plant
McDowell County
eameru
August 27, 1992
The non -contact water discharge permitted in NPDES Permit
No. NC0006726 has been eliminated. The boiler blowdown discharge
has been piped into the Municipal Sewer System. Also, the air
compressor discharge has been eliminated by converting the air
compressor from a water-cooled machine to an air-cooled machine.
I would like to request that NPDES Permit No. NC0006726 be
eliminated.
3374.
If you have any questions, please give me a call at 704-758-
Sincerely,
BROYHILL FURNITURE INDUSTRIES, INC.
David Stout
Corporate Environmental Manager
RECEIVED
Water utfit/ $eciioo
State of North Carolina
Department of Environment, Health and Natural Resourcesftheville Otis.
Division of Environmental Management Asheville, North Carofk11.7
512 North Salisbury Sheet • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Regional Offices
A. Preston Howard, Jr., P.E.
September 28, 1992 Acting Director
CERTIFIED MAIL
Asheville RET[DRN RECEIPT REQUESTED
704/251-6208
GARY YATES
Fayetteville BROYHILL IND-MARION
919/486-1541 BROYHILL PARK
LENOIR, NC 2B633
Mooresville
704/663-1699 SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON-PAYMENT
NPDES PERMIT NO. NC0006726
Raleigh BROYHILL IND-MARION
919/571-4700 MCDOWELL COUNTY
Washington Dear Permittee:
919/946-64 81
Payment of the required annual administering and compliance
Wilmington monitoring fee of $300.00 for this year has not been received for the
919/395-3900 subject permit. This fee is required by Title 15 North Carolina
Administrative Code 2H .0105, under the authority of North Carolina
Winston-Salem General Statutes 143-215.3(a)(1), (la) and (lb). Because this fee was
919/896-7007 not fully paid within 30 days after being billed, this letter initiates
action to revoke the subject permit, pursuant to 15 NCAC 2H .0105
(b)(2)(k)(4), and G.S. 143-215.1(b)(3).
Effective 60 days from receipt of this notice, subject permit is
hereby revoked unless the required Annual Administering and Compliance
Monitoring Fee is received within that time. Your payment should be
sent to:
N.C. Department of Environment, Health, and Natural Resources
Division of Environmental Management
Budget Office
P.O. Box 29535
Raleigh, NC 27626-0535
Discharges without a permit are subject to the enforcement
authority of the Division of Environmental Management.
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
EI
11
If you are dissatisfied with this decision, you have the right to
request an administrative hearing within thirty (30) days following
receipt of this Notice, identifying the specific issues to be
contended. This request must be in the form of a written petition
conforming to Chapter 1508 of the North Carolina General Statutes, and
filed with the Office of Administrative Hearings, Post Office Drawer
27447, Raleigh, North Carolina, 27611-7447. Unless such request for
hearing is made or payment is received, revocation shall be final and
binding. If you have any questions, please contact:
Mr. Roy Davis, Asheville Regional Supervisor., (704)251-6208,
Since ely,
estop 4owar, Jr.
cc; Supervisor, Water Quality Permits and Engineering Unit
Asheville Regional Office
County Health Department
•!�� ���
i
� ��
TYV5
royhill Furniture Industries, Inc.
One Broyhill Park, Lenoir, North Carolina 28633
Mr. James R. Reid
North Carolina Dept. of Environment,
Health, and Natural Resources
Division of Environmental Management
Water Quality Section
Interchange Building
59 Woodfin Place
Asheville, North Carolina 28801
Dear Mr. Reid:
SUBJECT: NPDES Permit Number NC000672
Broyhill Furniture Industrie
Marion Plant
McDowell County
RE LIVED
Water Quality StLctiol
AUG 3 1 1992
eaorNiu
Seville Regional
,ftheville, North Caroft
August 27, 1992
The non -contact water discharge permitted in NPDES Permit
No. NC0006726 has been eliminated. The boiler blowdown discharge
has been piped into the Municipal Sewer System. Also, the air
compressor discharge has been eliminated by converting the air
compressor from a water-cooled machine to an air-cooled machine.
I would like to request that NPDES Permit No. NC0006726 be
eliminated.
3374.
If you have any questions, please give me a call at 704-758-
Sincerely,
BROYHILL FURNITURE INDUSTRIES, INC.
David Stout
Corporate Environmental Manager
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street - Raleigh, North Carolina 27604
James G. Martin, Governor A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
November 17, 1992
Mr. David Stout, Corporate Env. Manager
Broyhill Furniture Industries, Inc.
One Broyhill Park
Lenoir, NC 28633
Subject: Rescission of NPDES Permit No. NCO006726
Broyhill Furniture Industries, Inc.
McDowell County
Dear Mr. Stout:
The Division of Environmental Management has received information from the Asheville Regional
Office which confirms that the subject facility does not discharge to the surface waters of the State of
North Carolina. Therefore, as you requested, NPDES Permit Number NCO006726 is hereby rescinded,
effective immediately.
If in the future, you determine that you wish to have a discharge, you must first apply for and
receive a new NPDES Permit. Discharging without a valid NPDES Permit will subject the discharger to a
civil penalty of up to $10,000 per day.
If there is a need for any additional information or clarification, please do not hesitate to contact
Robert Farmer at (919) 733-5083.
Sincerely, i
A. Preston Howard, Jr., P.E.
M. Mr. Jim Patrick, EPA
McDowell County Health Department
Asheville Regional Office
Permits & Engineering Unit - Coleen Sullins
Fran McPherson, DEM Budget Office
Operator Training and Certification
Technical Support Branch
Facilities Assessment Unit - Tami Andrews - w/attachments
Central Files - w/attachments
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone
NOV 1 $ 1992
pcWATyERI REGIONA SECTION
T9=7�3=7fi'
An Equal Opportunity Affirmative Action Employer
i
FACILITY t4 % / COUNTY 66 w CLASS
MAILING ADDRESSLv • lily I[. �7
J- r J_^ f�J C. �S Z
us 03 Z 1 N f L e o o •r (- Iv G .-71E� 3 3
RESPONSIBLE FACILITY OPERATOR
OFFICIAL REPRESENTATIVE
i aot,
TELEPHONE NO.0
WHERE LOCATED f �, (n �ti �w�� 14. 1 V �G r
v
0 r - 7j LJ— / 2 -Z220
CERT. NUMBER
CLASS
NPDES PERMIT NUMBER NC OD06 � Z `� OTHER PERMIT NO.
STATE FEDERAL DATE ISSUED
DATE ISSUED
EXPIRATION DATE
STREAM: NAME ]� «v (/1 G
CLASS
7Q10
SUB -BASIN C ,C,- + J) 3 () L ll?
40 RECEIVED
1 MSTarz. Water Quality SedioA
J U N '6 - 1989
,Asheville Regiorma Office
Asheville, North Cmfioa
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
William W. Cobey, Jr., Secretary June 1, ].989 Director
Mr. Gary Yates
Broyhill Park
Lenoir, NC 28633
Subject: Permit No. NCO006726
Broyhill Industries, Inc.
McDowell County
Dear Mr. Yates:
In accordance with your application for discharge permit received on February
14, 1989, we are forwarding herewith the subject State - NPDES 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 December 6, 1983. e
If any parts, measurement frequencies or sampling requirements contained in
this permit are unacceptable to you, you may request a waiver or modification pursuant
to Regulation 15 NCAC 2B .0508(b) by written request to the Director identifying the
specific issues to be contended. Unless such request is made within 30 days following
receipt of this permit, this permit shall be final and binding. Should your request
be denied, you will have the right to request an adjudicatory hearing.
Please take notice that this permit is not transferabl.e. Part II, D.3,
addresses the requirements to be followed in case of change in ownership or control of:
this discharge.
This permit does not affect the legal requirements to obtain other permits
which may be required by the Division of Environmental Management or permits required
by the Division of Land Resources, Coastal Aren Management Act or any other Federal or.
Local governmental. permit that may be required.
If you have any questions concerning this permit, please contact Mr_. David
Foster at telephone number 919/733-5083.
Sincerely,
Original Signed By
ARTHUR MOUSERRY
Fa: R. Paul Wilms
cc: Mr. Jim Patrick, `EPA
cAsheville Regional Office
Pollution Prevention Pays
/]f/J P.O. Box 27687, Raleigh, North Carolina 27611.7697 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
Permit No. NCO006726
STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
To DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions 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,
Broyhill Furniture Industries, Inc.
is hereby authorized to discharge wastewater from a facility located at
Broyhill Furniture Industries/Marion Plant
West Marion Street
Marion
McDowell County
to receiving waters designated as an unnamed tributary to Youngs Fork in the
Catawba River Basin
in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, JI, and III hereof.
This permit shall become effective July 1, 1989.
This permit and the authorization to discharge shall expire at midnight on
'=MaY 31, 1994.
Signed this day June 1, 1989.
OdOai Signed By
ARTHUR MOUSERRY
For:
R. Paul Wilms, Director
Division of Environmental Management
By Authority of the Environmental Management Commission
Permit No. NC0006726
SUPPLEMENT TO PERMIT COVER SHEET
Broyh.i.II Furniture Industries, Inc.
is hereby authorized to:
I Continue the discharge of boiler blowdown water and condensate tank
overflow water (001) and air compressor cooling water (002) from the Marion
Plant located on West Marion Street, Marion in McDowell County (See Part
III of this Permit); and
2. Discharge from said treatment works at the location specified on the
attached map into an unnamed tributary to Youngs Fork which is classified
Class "C" waters, in the Catawba River. Basin.
'bra
A. (1). EFFLUENr LIMITATIONS AND MONITORING REQUIREMENTS Final NPDES No. NC0006726
During the period beginning on the effective date of - the permit and lasting until expiration the
Permittee is authorized to discharge from outfall(s) serial number(s) 001 (Boiler blowdown and condensate
tank overflow). Such discharges shall be limited and monitored by the Permittee as specified below:
.Effluent Characteristics
Flow
Temperature
Total Residual Chlorine
M3
Lbs da
Daily Avg. Daily Max.
Discharge Limitations
Other Units (jpecify)
Daily Avg. Daily Max.
Monitoring Requirements
Measurement Sample _Sample
Frequency Type Location
THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER.
* Sample locations: E - Effluent, U - Upstream, D - Downstream
Monthly Instantaneous E
Monthly Grab E, U, D
Monthly Grab E
' The.temperature of the effluent shall be such as not to cause an increase in the temperature of the
receiving stream of more than 2.8 degrees C and in no case cause the ambient water temperature to exceed 29
degrees C.
Monitoring requirements only apply is chlorine is added to the cooling water.
The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing
,any biocide in the cooling water (See Part III of this Permit).
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be
monitored monthly at the effluent by grab sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts_
R
A. (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMFMS Final
NPDES No. NC0006726
During the period beginning on the effective date of the permit and lasting until expiration the
Permittee is authorized to discharge from outfall(s) serial number(s) 002 (air compressor cooling). Such
discharges shall be limited and monitored by the Permittee as specified below:
Effluent Characteristics
Flow
Temperature
M3
Discharge Limitations MonitorjR& Requirements
Lbs da Other Units (Specify) Measurement Sample Sample
Daily Avg. Daily Max. Daily Avg. Daily Max. Fre enc TYRe Location
it
O THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ,ADDED TO ME COOLING WATER.
The temperature of the effluent shall be such as not to cause an increase in the temperature of the
receiving stream of more than 2.8 degrees C and in no case cause the ambient water temperature to exceed 29
degrees C.
The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing
any biocide in the cooling water (See Part III of this Permit).
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Part 1
B. Schedule of Compliance
1. The permlttee shall comply with Final Effluent, Limitations specified for
discharges in accordance with the following schedule.:
Permittee shall comply with Fi_nal. Effluent Limitat:ions by the effective
date of the permit.
2. Pe_r.mAtt:e.r shall at. all times provide the operation and maintenance
necessary to operate the existing faciliti"s it opti,.mm efficiency.
3. No later than 14 calendar dnys following a MR identified in the above
schedule of compliance, the pexmittee shall submit r.ither a report of
progress or, in the case of specific actions being required by identified
dates, a written notice of compliance or noncompli.nnce. In the latter
case, the notice shall include the cause of noncompliance, any remedial
actions taken, and the probability of meeting the next schedule
requirements.
0 0
Part II
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. GENERAL CONDITIONS
1
2.
3.
4.
Duty to Comply
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 for denial of a permit renewal application.
Penalties for Violations of Permit Conditions
Any person who violates a permit condition
to exceed $10,000 per day of such violation
negligently violates a permit condition is
by a fine not to exceed $15,000 per day of
not to exceed six months or both.
Duty to Mitigate
is subject to a civil penalty not
. Any person who willfully or
guilty of a misdemeanor punishable
violation, or by imprisonment
The permittee shall take all reasonable steps to minimize any adverse impact
to navigable waters resulting from noncompliance with any effluent limitations
specified in this permit, including accelerated or additional monitoring as
necessary to determine the nature and impact of the noncomplying discharge.
Permit Modification
After notice and opportunity for a hearing pursuant to NCGS 143-215.1(b)
(2) and NCGS 143-215.1(e) respectively, this permit may be modified, suspended,
or revoked in whole or'in part during its term for cause including, but not
limited to, the following:
a. Violation of any terms or conditions of this permit;
b. Obtaining this permit by misrepresentation or failure to disclose fully
all relevant facts;
C. A change in any condition that requires either a temporary or permanent
reduction or elimination of the authorized discharge; or
d. Information newly acquired by the Division indicating the discharge poses
a threat to human health or welfare.
If the permittee believes that any past or planned activity would be cause for
modification or revocation and reissuance, the permittee must report such
information to the Permit Issuing Authority. The submittal of a new application
Part II
Page 2 of 14
may be required of the permittee. The filing of a request by the permittee for
a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliances, does not stay
any permit condition.
5. Toxic Pollutants
Notwithstanding Part II, A-4 above, if a toxic effluent standard or prohibition
(including any schedule of compliance specified in such effluent standard or
prohibition) is established under Section 307(a) of the Act for a toxic
pollutant which is present in the discharge, if such standard or prohibition
is more stringent than any limitation for such pollutant in this permit, this
permit shall be revised or modified in accordance with the toxic effluent
standard prohibition and the permittee so notified.
The permittee shall comply with effluent standards or prohibitions established
under Section 307(a) of the Clean Water Act for toxic pollutants within the
time provided in the regulations that establish those standards or prohibitions,
even if the permit has not yet been modified to incorporate the requirement.
6. Civil and Criminal Liabilit
Except as provided in permit conditions on "Bypassing" (Part II, B-3) and
"Power Failures" (Part II, B-6), nothing in this permit shall be construed
to relieve the permittee from any responsibilities, liabilities, or penalties
for noncompliance pursuant to NCGS 143-215.3, 143-215.6.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.
7. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any
legal action or relieve the permittee from any responsibilities, liabilities,
or penalties to which the permittee is or may be subject to under NCGS
143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore,
the permittee is responsible for consequential damages, such as fish kills,
even though the responsibility for effective compliance may be temporarily
suspended.
8. Property Rights
The issuance of this 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.
Part II
Page 3 of-14
4. Onshore of Offshore Construction
This permit does not authorize or approve the construction of any onshore or
offshore physical structures or facilities or the undertaking of any work
in any navigable waters.
10. Severability
The provisions of this permit are severable, and if any provision of this
permit, or the application of any provision of this permit to any circumstances,
is held invalid, the application of such provision to other circumstances, and
the remainder of this permit, shall not be affected thereby.
11. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reason-
able time, any information which the Permit Issuing Authority may request
to determine whether cause exists for modifying, revoking and reissuing,
or terminating this permit or to determine compliance with this permit. The
permittee shall also furnish to the Permit Issuing Authority upon request,
copies of records required to be kept by this permit.
SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times maintain in good working order and operate
as efficiently as possible all treatment or control facilities or systems
installed or used by the permittee to achieve compliance with the terms
and conditions of this permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it
would have been necessary to halt or reduce the permitted activity in
order to maintain compliance with the condition of this permit.
3. B ayQ ssing
Any diversion from or bypass of facilities is prohibited, except (i) where
unavoidable to prevent loss of life or severe property damage, or (ii)
where excessive storm drainage or runoff would damage any facilities
necessary for compliance with the effluent limitations and prohibitions of this
permit. All permittees who have such sewer bypasses or overflows of this
discharge shall submit, not later than six months from the date of issuance
of this permit, detailed data or engineering estimates which identify:
a. The location of each sewer system bypass or overflow;
b. The frequency, duration and quantity of flow from each sewer system
bypass or overflow.
Part II
Page 4 of 14
This requirement is waived where infiltration/inflow analyses are scheduled
to be performed as part of an Environmental Protection Agency facilities
planning project.
The permittee shall report by telephone to either the central office or
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 knowledge of the occurrence of any division from or
bypass of facilities.
4. Upsets
"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 facilities, inadequate treatment facilities,
lack of preventive maintenance, or careless or improper operation. An upset
constitutes an affirmative defense to an action brought for noncompliance
with such technology based permit limitation if the requirements of 40 CFR S
122.41(n)(3) are met.
5. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of
treatment or control of wastewaters shall be disposed of in accordance with
NCGS 143-215.1 and in a manner such as to prevent any pollutant from such
materials from entering waters of the State or navigable waters of the United
States.
6, Power Failures
.The permittee is responsible for maintaining adequate safeguards as required
by DEM Regulation, Title 15, North Carolina Administrative Code, Subchapter 2H,
.0124 Reliability, to prevent the discharge of untreated or inadequately treated
wastes during electrical power failures either by means of alternate power
sources, standby generators or retention of inadequately treated effluent.
SECTION C. MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be
characteristic of the volume and nature of the permitted discharge. Samples
collected at a frequency less than daily shall be taken on a day and time that
is characteristic of the discharge over the entire period which the sample
represents. All samples shall be taken at the monitoring points specified in
this permit and, unless otherwise specified , before the effluent joins or is
diluted by any other wastestream, body of water, or substance. Monitoring points
shall not be changed without notification to and the approval of the Permit
Issuing Authority.
Part II
Page 5 of 14
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for
each month and reported on a monthly Discharge Monitoring Report (DMR) Form
(DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM,
postmarked no later than the 30th day following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the
permit or in the case of a new facility,, on the last day of the month following
the commencement of discharge. Duplicate signed copies of these, and all other
reports required herein, shall be submitted to the following address:
Division of Environmental Management
Water Quality Section -
ATTENTION: Central Files
Post Office Box 27687
Raleigh, North Carolina 27611
3 Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to insure the accuracy and
reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to insure that the
accuracy of the measurements are consistent with the accepted capability of
that type of device,- Devices selected shall be capable of measuring flows
with a maximum deviation of less than + 10% from the true discharge rates
throughout the range of expected discharge volumes. Once -through condenser
cooling water flow which is monitored by pump logs, or pump hour meters as
specified in -Part I of this permit and based on the manufacturers pump
curves shall not be subject to this requirement.
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.
5. Penalties for Tamperins�
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 permit shall, upon conviction, by punished by a fine of
not more than $10,000 per violation, or by imprisonment for not more than
six months per violation, or by both.
Part Il
Page 6 of 14
6. Records Retention
All records and information resulting from the monitoring activities required by
this permit including all records of analyses performed and calibration and
maintenance of instrumentation and recordings from continuous monitoring
instrumentation shall be retained for a minimum of three (3) years by the
permittee. Thisperiod of retention shall be extended during the course
of any unresolved litigation or if requested by the Division of Environmental
Management or the Regional Administrator of the Environmental Protection Agency.
7. Recording Results
For each measurement or sample taken pursuant to -the requirements of this
permit, the permittee shall record the following information:
a. The exact place, date, and time of sampling;
b. The dates the analyses were performed;
C. The person(s) who performed the analyses; and
.d. The results of such analyses.
8. Right of Entrj
The permittee shall allow the Director of the Division of Environmental
Management, the Regional Administrator, and/or their authorized representatives,
upon the presentations of credentials:
a. To enter upon the permittee's premises where an effluent source is located
or in which any records are required to be kept under the terms and
conditions of this permit; and
b. At reasonable times to have access to and copy any records required to be
kept under the terms and conditions of this permit; to inspect any
monitoring equipment or monitoring method required in this permit; and
to sample any discharge of pollutants.
SECTION D. REPORTING REQUIREMENTS
1. Change -in Discharge
All discharges authorized herein shall be consistent with the terms and
conditions of this permit. The discharge of any pollutant identified in
this permit more frequently than or at a level in excess of that authorized
shall constitute a violation of the permit. Any anticipated facility
expansions, production increases, or process modifications which will result
1
Part - I I
Page 7 of 14
in new, different, or increased discharges of pollutants must be reported by
submission of a new NPDES application or, if such changes will not violate
the effluent limitations specified in this permit, by notice to the DEM of
such changes. Following such notice, the permit may be modified to specify
and limit any pollutants not previously limited.
2. Anticipated Noncompliance
The permittee shall give notice to the Permit Issuing Authority of any planned
change in the permitted facility or activity which may result in noncompliance
with permit requirements. Any maintenance of facilities, which might
necessitate unavoidable interruption of operation and degradation of effluent
quality, shall be scheduled during noncritical water quality periods and carried
out in a manner approved by the Permit Issuing Authority.
3. Transfer of Ownership or Control
This permit is not transferable. In the event of any change in name, control
or ownership of facilities from which the authorized discharge emanates or is
contemplated, the permittee shall notify the prospective owner or controller by
letter of the existence of this permit and of the need to obtain a permit in the
name of the prospective owner. A copy of the letter shall be forwarded to the
Division of Environmental Management.
4. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated herein
more frequently than required by this permit, using approved analytical methods
as specified above, the results of such monitoring shall be included in the
-calculation and reporting of the values is required in the DMR. Such increased
frequency shall also be indicated. The DEM may require more frequent monitoring
or the monitoring of other pollutants not required in this permit by written
notification.
5. AverazinQ of Measurements
Calculations for limitations which require averaging of measurements shall
utilize an arithmetic mean unless otherwise specified by the Permit Issuing
Authority in the permit.
6. Noncompliance Notification
The permittee 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 knowledge of the occurrence of any of the following:
a
Part II
Page 8 of 14
a. Any occurrence at the water pollution control facility which results in
the discharge of significant amounts of wastes which are abnormal in
quantity or characteristic, such as the dumping of the contents of a
sludge digester; the known passage of a slug of hazardous substance
through the facility; 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 pumping station, sewer line, or treatment facility
resulting in a by-pass directly to receiving waters without treatment
of all or any portion of the influent to such station or facility.
d. Any time that self -monitoring information indicates that the facility has
gone out of compliance with its NPDES permit limitations.
Persons reporting such occurrences by telephone shall also file a written
report in letter form within 15 days following first knowledge of the
occurrence.
7. Changes in Discharges of Toxic Substances:
The permittee shall notify the Permit Issuing Authority as soon as it knows or
has reason to believe:
a. That any activity has occurred or will occur which would result in the
discharge, on a routine or frequent basis, of any toxic substance(s) (listed
at 40 CFR S 122, Appendix D, Table II and III) which is not limited in the
permit, if that discharge will exceed the highest of the following
"notification levels".
(1) One hundred micrograms per liter (100 ug/1);
(2) Two hundred micrograms per liter (200 ug/1) for acrolein and
acrylonitrile; five hundred micrograms per liter (500 ug/1)
for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one
milligram per liter (1 mg/1) for antimony; -or
(3) Five-(5) times the maximum concentration value reported for that
pollutant(s) in the permit application.
b. That any activity has occurred or will occur which would result in any
discharge, on a non -routine or infrequent basis, of a toxic pollutant
(listed at 40 CFR S 122, Appendix D. Table II and III) which is not
limited in the permit, if that discharge will exceed the highest of the
following "notification levels": _
Part II
Page 9 of 14
(1) Five hundred micrograms per liter (500 ug/1);
(2) One milligram per liter (1 mg/1) for antimony; or
(3) Ten (10) times the maximum concentration value reported for that
pollutant(s) in the permit application.
8. Expiration of Permit
Permittee is not authorized to discharge after the expiration date. In order to
receive authorization to discharge beyond the expiration date, the permittee
shall submit such information, forms, and fees as are required by the agency
authorized to issue permits no latex than 180 days prior to the -expiration date.
Any discharge without a permit after the expiration will subject the permittee
to enforcement procedures as provided in NCGS 143-215.5 and 33 USC 1251 et seq.
9. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing
Authority shall be signed and certified.
a. All permit applications 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 permit and other information requested by the
Permit Issuing Authority 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
q
Part ll
Page 10 of 14
well field, superintendent, a position of equivalent responsibility,
or an individual or position having overall responsibility for environ-
mental 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 Permit Issuing Authority.
C. Certification. Any person signing a document under paragraphs a. or b. of
this section shall making 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
believe, 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."
10. 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 Environmental Management. As required by the Act, effluent data
shall not be considered confidential. Knowingly making any false statement on
any such report may result in the imposition of criminal penalties as provided
for in NCGS 143-215.1(b) (2) or in Section 309 of the Federal Act.
11. 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 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 six months per violation, or by both.
SECTION E. DEFINITION
1. Permit _Issuing -Authority
The Director of the Division of Environmental Management.
2. DEM or Division
Means the Division of Environmental Management, Department of Natural
Resources and Community Development.
3. EMC:
4.
5.
Part II
Page 11 of 14
Used herein means the North Carolina Environmental Management Commission.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 USC 1251, et. seq.
Mass Day Measurements
a. The "monthly average discharge: is defined as the total mass of all
daily discharges sampled and/or measured during a calendar month on
which daily discharges are sample and measured, divided by the number
of daily discharges samples and/or measured during such month. It is
therefore, an arithmetic mean found by adding the weights of the
pollutant found each day of the month and then dividing this sum by
the number of days the tests were reported. The limitation is
identified as "Daily Average" or "Monthly Average" in Part I of the
permit.
b. The "weekly average discharge" is defined as the total mass of
all daily discharges sampled and/or measured during the calendar week
(Sunday -Saturday) on which daily discharges are sampled and measured,
divided by the number of daily discharges samples and/or measured
during such week. It is, therefore, an arithmetic mean found by
adding the weights of pollutants found each day of the week and then
dividing this sum by the number of days the tests were reported. This
limitation is identified as "Weekly Average" in Part I of the permit.
C. The "maximum daily discharge".is the total mass (weight) of a
pollutant discharged during a calendar day. If only one sample is
taken during any calendar day the weight of pollutant calculated from
it is the "maximum daily discharge." This limitation is identified as
"Daily Maximum," in Part I of the permit.
d. The "average annual discharge" is defined as the total mass of all
daily discharges sample and/or measured during the calendar year on
which daily discharges are sampled and measured, divided by the number
of daily discharges sampled and/or measured during such year. It is,
therefore, an arithmetic mean found by adding the weights of
pollutants found each day of the year and then dividing this sum by the
number of days the tests were reported. This limitation is defined as
"Annual Average" in Part I of the permit.
® 0
Part II
Page 12 of 14
6. Concentration Measurement
a. The "average monthly concentration," other than for fecal coliform
bacteria, is the sum of the concentrations of all daily discharges
samples and/or measured during a calendar month on which daily discharges
are sampled and measured, divided by the number of daily discharges sampled
and/or measured during such month (arithmetic mean of the daily
concentration values). The daily concentration value is equal to the
concentration of a composite sample or in the case of grab samples is the
arithmetic mean (weighted by flow value) of all the samples collected
during that calendar day. The average monthly count for fecal coliform
bacteria is the geometric mean of the counts for samples collected during a
calendar month. This limitation is identified as "Monthly Average' or
"Daily Average" under "Other Limits" in Part I of the permit.
b. The "average weekly concentration," other than for fecal coliform bacteria,
is the sum of the concentrations of all daily discharges sampled and/or
measured during a calendar week (Sunday/Saturday) on which daily discharges
are sampled and measured divided by the number of daily discharges sampled
and/or measured during such week (arithmetic mean of the daily
concentration values). The daily concentration value is equal to the
concentration of a composite sample or in the case of grab samples is the
arithmetic mean (weighted by flow value) of all the samples collected during
that calendar day. The average weekly count for fecal coliform bacteria is
the geometric mean of the counts for samples collected during a calendar
week. This limitation is identified as "Weekly Average" under "Other
Limits" in Part I of the permit.
C. The "maximum daily concentration" is the concentration of a pollutant
discharge during a calendar day. It is identified as "Daily Maximum"
under "Other Limits" in Part I of the permit.
d. The "average annual concentration," other than for fecal coliform bacteria,
is the sum of the concentrations of all daily discharges sampled and/or
measured during a calendar year on which daily discharges are sampled and
measured divided by the number of daily discharges sampled and/or measured
during such year (arithmetic mean of the daily concentration values). The
daily concentration value is equal to the concentration of a composite
sample or in the case of grab samples is the arithmetic -mean (weighted by
flow value) of all the samples collected during that calendar day. The
average yearly count for fecal coliform bacteria is the geometric mean
of the counts for samples collected during a calendar year. This limitation
is identified as "Annual Average" under "Other Limits" in PartI of the
permit.
-
Part II
Page 13 of 14
7. Other Measurements
a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours
average flow, averaged monthly. It is determined as the arithmetic mean
of the total daily flows recorded during the calendar month.
b. An "instantaneous flow measurement" is a measure of flow taken at the time
of sampling, when both the sample 'and flow will be representative of the
total discharge.
8. Types of Samples
a. Composite Sample: These samples consist of grab samples collected at
equal intervals and combined proportional to flow, a sample continuously
collected proportionally to flow, or equal volumes taken at varying time
intervals. If a composite sample is obtained from grab samples, the
following requirements apply. The intervals between influent grab
samples shall be no greater than hourly. Intervals between effluent grab
samples shall be no greater than hourly except where the detention time
of the wastewater in the facility is greater than 24 hours, in which
case, the interval between grab samples shall be no greater in number of
hours than the detention time in number of days; provided, however, in
no case may the time between effluent grab samples be greater than six
hours nor the number of grab samples less than four during any discharge
period of 24 hours or less.
b. Grab Sample: Grab samples are individual samples collected over a
period of time not exceeding 15 minutes; the grab sample can be taken
manually.
9. Calculation of Means
a. Arithmetic Mean: The arithmetic mean of any set of values is the summation
of the individual values divided by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root of
the product of the individual values where N is equal to the number of
individual values. The geometric mean is equivalent to the antilog of
the arithmetic mean of the logarithms of the individual values. For
purposes of calculating the geometric mean, values of zero (0) shall be
considered to be one (1).
C. Weighted by Flow Value: Weighted by flow value means the summation of each
concentration times its respective flow divided by the summation of the
respective flows.
Part II
Page 14 of 14
10. Calendar Day
A calendar day is defined as the period from midnight of one day until midnight
of the next day. However, for purposes of this permit, any consecutive 24-hour
period that reasonably represents the calendar day may be used for sampling.
11. Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116
pursuant to Section 311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of
the Clean Water Act.
11,
PART III
OTHER REQUIREMENTS
A. Previous Permits
All previous State water quality permits issued to this facKity, whether for
construction or operation or discharge, are hereby revoked by issuance of this
permit. The conditions, requirements, terms, and provi.slar,s of this permit
authorizing discharge under the National Pollutant Discharge Elimination
System govern discharges from this facility.
9. Constructi_u
No construction of wastewater t.rentlent facilities or idditi.ons thereto shall
he begun until Final flan: and Spec.if.inaticus have been submitted to the
Division of Environmental Management and written approval and Authorization
to Construct has been .issued.
C. Certified Operator
Pursuant to Chapter 90A of North Carolina Goneral Statutes, the pe.r.mittee shall
employ a certified wastewater treatment plant operator in responsible charge
of the wastewater treatment facilities. Such operator most hold a certification
of the grade equivalent to or greater- than the classification assigned to the
wastewater treatment facilities.
D. Groundwater Monitoring
The per.m.-ittee shall, upon written notice from the Director of the Division of
Env.i.ronmentni Management, conduct groundwater monitoring as may be required
to determine the compliance of this NPDES permitted facility with the current
groundwater standards.
E- Li.mitatians f�eopener
This permit shall be mortified or alternatively, revrked and reissued, to comply
with any app=,ienble effluent guideline or water quality s_.teudnrd issued or
approved under. .`:ectlogs 302(a) (2) (c). and (d), 304(b) (2), and 397(a) C2)
of the Clean Water Act, if the effluent- guideline or water quality standard
so issued or approved:
1. contains different conditions or is otherwinn morn stringent than any
effluent limitation in the permit; or
2. controls any pollutant not limited in the permit.
The permit as modified or reissued under- this paragraph shall also contain any
other requirements in the Act then applicable.
Fart .1.11.
Permit No. NC00
F. Toxicity Reopener
This permit shall. be modified, or revoked and reissued, to incorporate toxicity
limitations and monitoring requirements in the event toxicity testing or other
studies conducted on the effluent or receiving stream indicate that detrimental.
effects may be expected in the receiving stream as a result of this discharge.
G. The permittee shall not use any biocides except those approved in conjunction
with the permit application. The permittee shall notify the Director in
writing not later than ninety (90) days prior to ,instituting use of any
additional biocide used in cooling systems which may be toxic to aquatic life
other than those previously reported to the Division of Environmental.
Management. Such notification shall include completion of Biocide Worksheet
Form 101 and a map locating the discharge point and receiving stream.
U
PART IV
ANNUAL ADMINISTERING AND COMPLIANCE FEE REQUIREMENTS
A. The permittee must pay the annual administering and compliance fee within 30
(thirty) days after being billed by the Division. Failure to pay the fee in a
timely manner in accordance with 15 NCAC 211 .0105(b)(4) may cause this Division
to initiate action to revoke the permit.
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4 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES
DMSION OF WATER QUALITY
GENERAL PERMIT NO. NCGI.80000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations ;promulgated' and adopted by the -North Carolina Environmental
Management Commission and the Federal Water Pollution Control Act, as amended, this permit
is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit
as evidenced by receipt of a Certificate of Coverage by the Environmental Management
Commission to allow the discharge of stormwater to the surface waters of North Carolina or
separate storm sewer systems conveying stormwater to surface waters in accordance with the
terms and conditions set forth herein..
Coverage under this general permit is applicable to all owners or operators of stormwater point
source discharges associated with activities classified as establishments primarily engaged in
manufacturing Furniture and Fixtures [standard industrial classification (SIC) 25] or Wood
Kitchen Cabinets . [standard industrial classification (SIC) 2434].
The following activities are specifically excluded from coverage under this General Permit:
Wastewater discharges of any kind, includingondensate.
The General Permit shall become effective on September 1, 1999.
The General Permit shall expire at midnight on August 31, 2004.
Signed this day August 18, 1999. ,
Kerr T. Stevens, Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCG 180000
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: General Permit Coverage
Section B: Permitted Activities
Section C: Permit Renewal
PART II MONITORING, CONTROLS, AND LD,1ITATIONS FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B. Qualitative Monitoring Requirements
Section C: On -Site Vehicle Maintenance Monitoring Requirements
PART IB STANDARD CONDITIONS
Section A: Compliance
and Liability
r
1.
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
5.
Oil and Hazardous Substance Liability
6.
Property Rights
7.
Severability
8.
Duty to Provide Information
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
5.
Signatory Requirements
0
Permit No. NCG180000 0 '
6. General Permit Modification, Revocation and Reissuance, or
Termination
7. Certificate of Coverage Actions
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce not a Defense
3. Bypassing of Stormwater Control Facilities
Section D:. Monitoring and Records
1.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Representative Ouifal]
6. -
Records Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
L
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Bypass
8.
Twenty-four Hour Reporting
9.
Other Noncompliance
10.
Other information
PART IV LIIvIlTATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFE*;MONS
IF
Permit No. NCG180000
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 NOl shall be
submitted and a certificate of coverage issued prior to any discharge of stormwater associated
with industrial activity that has a point source discharge to the surface waters of the state.
Any owner or operator not wishing to be covered or limited by this General Permit may make
application for an individual NPDES permit in accordance with NPDES procedures in 15A
NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual
permit should be made at least 180 days prior to commencement of discharge.
This General Permit does not cover activities or discharges covered by an individual NPDES
permit until the individual permit has expired or has been revoked. Any person conducting an
activity covered by an individual permit but which could be covered by this General Permit may
request that the individual permit be revoked and coverage under this General Permit be
provided.
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge stormwater associated with industrial activity. Such
discharges shall be controlled, limited and monitored as specified in this permit.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system which has
been adequately treated and managed in accordance with the terms and conditions of this General
Permit. All discharges shall be in accordance with the conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable nori-stormwater discharge or is covered by another permit, authorization or approval.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, 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.
Part I Page 1 of 1
Permit No. NCG 1 80a00
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 and the
potential pollutant sources which may be expected to contribute to contamination of
stormwater discharges. The site plan shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted
equivalent map), showing the facility's location in relation to transportation
routes and surface waters, the name of the receiving water(s) to which the
stormwater outfall(s) discharges, or if the discharge is to a municipal separate
storm sewer system, the name of the municipality and the ultimate receiving
waters; and accurate latitude and longitude of the point(s) of discharge.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices.
(c) 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
BNIPs 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.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the 3 previous years and any corrective actions taken to mitigate spill
impacts.
(e) Certification that the stormwater outfails have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in
accordance with the requirements found in Part 111, Standard Conditions, Section
B, Paragraph 5.
2. Stormwater Management Plan. The stormwater management plan shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stormwater, including structural and
Part II Page I of 5
Permit No. NCG180000
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 I
manufacturing or fueling operations. In areas where elimination of exposure is
not practical, the stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.
(b) Secondary Containment Schedule. A schedule to provide secondary containment
for bulk storage of liquid materials, storage of Section 313 of Title III of the
Superfund Amendments and Reauthorization Act (SARA) water priority
chemicals, or storage of hazardous substances to prevent leaks and spills from
contaminating stormwater runoff. If the secondary containment devices are
connected directly to stormwater conveyance systems, the connection shall be
controlled by manually activated valves or other similar devices [which shall be
secured with a locking mechanism] and any stormwater that accumulates in the
containment area shall be at a minimum visually observed for color, foam, outfall
staining, visible sheens and dry weather flow, prior to release of the accumulated
stormwater. Accumulated stormwater shall be released if found to be
uncontaminated 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.
3. 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
Part II Page 2 of 5
Permit No. NCGI80000
inspections and maintenance activities of stormwater control systems, plant equipment
and systems. inspection of material handling areas and regular cleaning schedules of
these areas shall be incorporated into the program.
5. Employee Training. Training schedules shall be developed and training provided at -a
minimum on an annual basis on proper spill response and cleanup procedures and
preventative maintenance activities for all personnel involved in any of the facility's
operations that have the potential to contaminate stormwater runoff. Facility personnel
(or team) responsible for implementing the training shall be identified.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position assignments pr,"ided.
7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance, which has a significant effect on the
potential for the discharge of pollutants to surface waters. The Stormwater Pollution
Prevention Plan shall be reviewed and updated on an annual basis.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes
have been made.
Facility Inspection Program. Facilities are required to inspect all 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 a narrative description of the facility's stormwater control
systems, plant equipment and systems. Records of these inspections shall be incorporated
into the Stormwater Pollution Prevention Plan.
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 II Page 3 of 5
Permit No. NCG180000
SECTION B: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status and shall be performed as specified below in Table 1. 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 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
analytical 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 fail (September - November).
Table 1. Qualitative Monitoring Requirements
Discharge Characteristics
Frequency
g
MonitorinLocations
Color
Semi -Annual
SDO
Odor
Semi -Annual
SDO
Clarity
Semi -Annual
SDO
Floating Solids
Semi -Annual
SDO
Suspended Solids
Semi -Annual
SDO
Foam
Semi -Annual
SDO
Oil Sheen
Semi -Annual
SDO
Other obvious indicators
of stonnwater ollution
Semi -Annual
SDO
Footnotes:
1 Monitoring Location: Qualitative monitoring shall be performed at each
stormwater discharge outfall (00) regardless of re presentative outfall status.
SECTION C: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
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 2. 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 3. 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
Part H Page 4 of 5
Permit No. NCG 180000
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 perform analytical sampling during the first and last Year 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 renewal application. All analytical monitoring
shall be performed during a representative storm event.
Table 2. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
'Units
Measurement
Frequency_
Sample
Type'
Sample
Location'
PH
standard
annually__Grab
SDO
_
Oil and Grease
m
annuall
Grab
SDO
New Motor Oil Usagegallons/month
annually
Estimate
-
Total Flow'
MG
annually
Grab
SDO
Total Suspended Solids
mg/1
I annually
Grab
I SDO
Footnotes:
1 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.
2 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur.
3 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 5. Cut-off Concentrations for On -Site Vehicle Maintenance Activities
•�' '."a i, /� '+',: r.+ ...
��l fiLte��t&1 ✓j����a Mi.7
--s- ].5�,� l�+�b�^�4-lpY•j,�.--•� C'S t 'y yam?
pW
within range 5.0 - 9.0
Oil and Grease
30 mg/l
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.
Part II Page 5 of 5
Permit No. NCG180000
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 H, Section A, Paragraph 2(b) of this permit shall be accomplished prior
to the beginning of discharges from the operation of the industrial activity.
2. Duty to Comply
The permittee must comply with all conditions of this general permit. Any permit
noncompliance constitutes a violation of the Clean Water Act and is grounds for
enforcement action; for certificate of coverage termination, revocation and reissuance, or
modification; or denial of a certificate of coverage upon renewal application.
a. The permittee shall comply with standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants within the time
provided in the regulations that establish these standards or prohibitions, even if
the permit has not yet been modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is
subject to a civil penalty not to exceed $25,000 -per day for each violation. Any
person who negligently violates any permit condition is subject to criminal
penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more
than 1 year, or both. Any person who knowingly violates permit conditions is
subject to criminal penalties of $5,000 to $50,000 per day of violation, or
imprisonment for not more than 3 years, or both. Also, any person who violates a
permit condition may be assessed an administrative penalty not to exceed $10,000
per violation with the maximum amount not to exceed $125,000. [Ref: Section
309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
Part M Page 1 of 11
Permit No. NCG180000
C. Under state law, a daily civil penalty of not more than ten thousand dollars
($10,000) per violation may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit. [Ref:
North Carolina General Statutes 143-215.6A]
d. Any person maybe assessed an administrative penalty by the Director for
violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act. Administrative penalties for Class I violations are not to
exceed $10,000 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $25,000. Penalties for Class H violations are not to exceed
$10,000 per day for each day during which the violation continues, with the
maximum amount of any Class U penalty not to exceed $125,000.
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.
Oil and Hazardous Substance Liabilit
Nothing in this general permit shall be construed to preclude the institution of any legal
action or relieve the permittee from any responsibilities, liabilities, or penalties to which
the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal Act, 33 USC 1321.
6. Property Rights
The issuance of this general permit does not convey any property rights in either real or
personal property, or any exclusive privileges, nor does it authorize any injury to private
property or any invasion of personal rights, nor any infringement of Federal, State or local
laws or regulations.
7. Severability
The provisions of this general permit are severable, and if any provision of this general
permit, or the application of any provision of this general permit to any circumstances, is
Part III Page 2 of 11
Permit No. NCG180000
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 Tampe�ng
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.
SECTION B: GENERAL CONDITIONS
1. General Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall
submit forms and fees as are required by the agency authorized to issue permits no later
than 180 days prior to the expiration date. Any permittee that has not requested renewal
at least 180 days prior to expiration, or any permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration, will be
subjected to enforcement procedures as provided in NCGS §143-2153.6 and 33 USC
1251 et. seq.
Part III Page 3 of 11
Permit No. NCG180000
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. Perrnittee is required to notify the Division in the event the permitted facility
is sold or closed.
I When an Individual Permit May be Required
The Director may require any owner/operator authorized to discharge under a certificate
of coverage issued pursuant to this general permit to apply for and obtain an individual
permit or coverage under an alternative general permit. Any interested person may
petition the Director to take action under this paragraph. Cases where an individual
permit may be required include, but are not limited to, the following:
a. The discharger is a significant contributor of pollutants;
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;
Effluent limitations are promulgated for the point sources covered by this general
permit;
f. A water quality management plan containing requirements applicable to such
point sources is approved after the issuance of this general permit.
g. The Director determines at his own discretion that an individual permit is
required.
4. When an Individual Permit May be R_eguested
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. SigpatoEy R uirements
All applications, reports, or information submitted to the Director shall be signed and
certified.
Part III Page 4 of 11
Permit No. NCG180000
a. All notices of intent to be covered under this general permit shall be signed as
follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of
this Section, a responsible corporate officer means: (a) a president,
secretary, treasurer or vice president of the corporation in charge of a
principal business function, or any other person who performs similar
policy or decision making functions for the corporation, or (b) the manager
of one or more manufacturing production or operating facilities employing
more than 250 persons or having gross annual sales or expenditures
exceeding 25 million (in second quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the
proprietor, respectively; or
(3) . For a municipality, State, Federal, or other public agency: by either a
principal executive officer or ranking elected official.
b. All reports required by the general permit and other information requested by the
Director shall be signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(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.
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
Part III Page 5 of 11
Permit No. NCG 180000
information, including the possibility of fines and imprisonment for knowing
violations."
6. General Permit Modification —Revocation and Reissuance, or Termination
The issuance of this general permit does not prohibit the Director from reopening and
modifying the general permit, revoking and reissuing the general permit, or terminating
the general permit as allowed by the laws, rules, and regulations contained in Title 40,
Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-
215.1 et. al.
After public notice and opportunity for a hearing, the general permit may be terminated
for cause. The filing.of a.mquest 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 terminated for cause. The notification of planned
changes or anticipated noncompliance does not stay any general permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of this general permit. Proper
operation and maintenance also includes adequate laboratory controls and appropriate
quality assurance procedures. This provision requires the operation of back-up or
auxiliary facilities or similar systems which are installed by a permittee only when the
operation is necessary to achieve compliance with the conditions of the general permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with
the condition of this general permit.
3. Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee
for bypass unless:
Part III Page 6 of 14
Permit No. NCG 180000
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.
SECTION D: MONITORING AND RECORDS
Representative Samyling
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. Recordinp, Results
For each measurement, sample, inspection or maintenance activity performed or collected
pursuant to the requirements of this general permit, the permittee shall record the
following information:
a. The date, exact place, and time of sampling, measurements, inspection or
maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection or
maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
The results of such analyses.
Part III Page 7 of I 1
Permit No. NCG 180000
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 monftobng required by this general permit, all test procedures
must produce minimum detection and reporting levels and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure.
5. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater
discharges that are required to be sampled, the permittee may petition the Director for
representative outfall status. If it is established that the stormwater discharges are
substantially identical and the permittee is granted representative outfall status, then
sampling requirements may be performed at a reduced number of outfalls.
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with
the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall
also be maintained on -site. The permittee shall retain records of all monitoring
information, including all calibration and maintenance records and all original strip chart
recordings for continuous monitoring instrumentation, and copies of all reports required
by this general permit for a period of at least 5 years from the date of the sample,
measurement, report or application. This period may be extended by request of the
Director at any time.
7. Inspection and Entrx
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal- separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this general
permit;
Part III Page 8 of 11
Permit No. NCG 180000
b. Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this general permit;
C. inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this
general permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring general
permit compliance or as otherwise authorized by the Clean Water Act, any
substances or parameters at any location.
SECTION E: REPORTING REQUIREMENTS
Discharge Monitoring Re orts
Samples analyzed in accordance with the terms of this permit shall be submitted to the
Division on Discharge Monitoring Report forms provided by the Director. Submittals
shall be received by the Division no later than 30 days from the date the facility receives
the sampling results from the laboratory.
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:
Division of Water Quality
Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Availabilily of R orts
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms
shall be available for public inspection at the offices of the Division of Water Quality As
required by the Act, analytical data shall not be considered confidential. Knowingly
making any false statement on any such report may result in the imposition of criminal
penalties as provided for in NCGS 143-215.6B or in Section 309, of the Federal Act.
Part III Page 9 of 11
Permit No. NCG180000
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this general permit coincides with a non-
stormwater discharge, the permittee shall separately monitor all parameters as required
under the non-stormwater discharge permit and provide this information with the
stormwater discharge monitoring report.
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes
at the permitted facility which could significantly alter the nature or quantity of pollutants
discharged. This notification requirement includes pollutants which are not specifically
listed in the general permit o"ubject to notification requirements under 40 CFR Part
122.42 (a).
6. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes
at the permitted facility which may result in noncompliance with the general permit
requirements.
7. 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.
8. ' Twenty-four Hour Reportin
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.
Part III Page 10 of 11
Permit No. NCG 180000
9. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour
reporting at the time monitoring reports are submitted. .
10. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a Notice
of Intent to be covered under this general permit or in any report to the Director, it shall
promptly submit such facts or information.
Part III Page I 1 of I 1
Permit No. NCG 180000
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 mhnner in accordance with
15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Certificate 'of
Coverage.
PART VI DEFINITIONS
Act
See Clean Water Act.
2. Arithmetic Mean
The arithmetic mean of any set of values is the summation of the individual values
divided by the number of individual values.
3. Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be
allowed in the stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
Parts IV, V and VI Page 1 of 6
Permit No. NCG 180000
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate
without added chemicals, springs, discharges of uncontaminated potable'water,
waterline and fire hydrant flushings, water from footing drains, flows from
riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training.
4. Best Management Practices (BMPs]
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs may take the form of a process, activity, or physical structure.
5. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control
facility including the collection system, which is not a designed or established operating
mode for the facility.
6. Bulk Storage of Liguid 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_Cov_erag
J
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.
Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
9. Division or DWQ
The Division of Water Quality, Department of Environment and Natural Resources.
10, Director
The Director of the Division of Water Quality, the permit issuing authority.
Part VI Page 2 of 6 Pages
Permit No. NCG 180000
11, EMC
The North Carolina Environmental Management Commission.
12. Grab Sample
An individual samples collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge.
13. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean
Water Act.
14. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and
which is not a land treatment facility, a surface impoundment, an injection well, a
hazardous waste long-term storage facility or a surface storage facility.
15. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such
as a city or town.
16. 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.
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.
Part VI Page 3 of 6 Pages
Permit No. NCG 180000
20. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72
hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm
event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2
hours without producing any collectable discharge, and then stops, a sample may be collected if a
rain producing a discharge begins again within the next 10 hours.
21. 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.
22. Rinse Water Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial
activity. Rinse waters from vehicle and equipment cleaning areas are process
wastewaters and do not include washwaters utilizing any type of detergent or cleaning
agent.
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.
24. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency
Planning and Community Right -to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III,
Section 313 reporting requirements; and
C. That meet at least one of the following criteria:
(1) Is listed in appendix D of 40 CFR part 122 on either Table II (organic
priority pollutants), Table III (certain metals, cyanides, and phenols) or
Table IV (certain toxic pollutants and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the
CWA at 40 CFR 116.4; or
Part VI Page 4 of 6 Pages
Permit No. NCG180000
(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 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. Design storm information can be found in the State of North
Carolina Erosion and Sediment Control Planning and Design Manual.
Part VI Page 5 of 6 Pages
Permit No. NCG180000
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. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
34, 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.
35. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning
operations, or airport deicing operations.
36. 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.
37. 25 ,year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the
average, once in 25 years.
Part VI Page 6 of 6 Pages