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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 �J —� _ PRIORITY SAMPLE TYPE U R1VFR BASiN , . k_W6P ❑AMBIENT ❑ ❑ REPORT TO: FRO MRO RRO WaRO W[RO WSRO TS QA STREAM EFFLUENT AT BM ❑COMPLIANCE ❑ CHAIN LAKE ❑ INFLUENT Other OF CUSTODY Shipped by, Bus Courier StaE ,Other L SEMERGENCY ❑ ESTUARY COLLECTOR{S): ILA—`3 Estimated BOD angel 0-5/5-25/25-65/40-130 or 100 plus "IZSTATION LOCATION: ?t-�� ���� 1� t� � A, Al (',ydu fz / S( Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS- — /l�1 Lab Number: 0 NIslJ Date Received: !' JJ - 1 ! Time: 9:y 0 Rec'd by: �+` From: Bus-CourAier and Del DATA ENTRY BY: Sn " CK: (w�� _DATE REPORTED: Station Date Begin {yy/mm/dd} Ti a Begin Date End Time End Depth DM DB DBM Value Type Composite Sample Ty e ,- a 7 A H L T S B C (, GNXX O 1 BOD5 310 mg/1 2 COD High 340 mg/1 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 �U, Li -Lithium 1132 ug/1 Mg -Magnesium 927 Mn-Manganese 1055 Im 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 94 10 300 . 400 • 82244 431 82243 i 82242 r 20 Salinity $ Precipition an/day) 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 45 32 36 135I 1350 35 ? WATc DUALITY SFr in)m LE r rQUIUNAL OFFICE DMI/Revised 10/86 DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) COUNTY v�Q'i/1i�il� 0 �(/� SAMPLE TYPE RIVER BASIN -PRIORITY is p ❑AMBIENT ❑ ❑ REPORT TO R FRO MRO RRO WaRO WiRO WSRO TS QA STREAM EFFLUENT AT BM ❑COMPLIANCE ❑ CHAIN LAKE ❑ INFLUENT Other _fAEMERGENCY OF CUSTODY ❑ ESTUARY 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: r: �_ A <:tc L, LI'/I KA Station ? Date Begin (yy/mm/dd) Time Begin I Date End Time End I Depth DM DB DOM r lue Type Composite Sampi d7 Pl Z�. A H L T S B C GNXX 1 BOD5 310 mg/1 2 COD High 340 mg/I 3 COD Lour 335 mg/I 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 17 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 Organochlorine Pesticides Organophosphorus Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd Phytopiankton Sampling Point R Conductance at 25 C Water Temperature D.O. mg/i pH Alkalinity Acidity Air Temperature (C) pH 8.3 pH 4.5 pH 4.5 y l 1 r 2 44 10 300 1. 400 1 62244 431 82243 .20_. Salinity X Precipition On/day) Cloud Cover x Wind Direction (Deg) Stream Flour Severity Turbidity Severity Wind VelocitIM Mean Stream Depth ft. Stream Width ft OCT 6 I9 7 480 45 132 136 11351 1350 JJ 35 i 64 4 t G DMI/Revised 10/86 Division of Environmental Management l� cxnlx OF CUSTODY RECORD � OC For Investigation of eoiv `' l Samples collected and ab Only Station. Lab'No. No. DMI forms completed by: P_/K— No. of Station Location Date Time Bottles 51kw k114As LA S 3 2z 1,7 Re�quishe by(i t re): Re ved, y (Si nature): Date / Time Rel Rec by Rel Rec by Rel Rec by (Lab) Method of -Shipment: Security Seal by: Type and Condition: Lock by_: Broken b Open b : YAR IMP MY Lab No. From Throw h No. Containers Analysis Relinquished by Received by Date Time *0 PL- -�s A _; r ��1 J / II1 t1l �{I 1 Po_v. I Z j 1g17 Q� 'Y iii s4 �� ��. --� 1II Di- S�v L fll i IOU _N _'o 14, ii efs Y ) J " 9 o-*" I 2 0 0 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. 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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