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NCG020157_COMPLETE FILE - HISTORICAL_20121120
STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. NC6IR OaUJS� DOC TYPE O<HISTORICAL FILE DOC DATE �3-0) ai I I lJ�i D YYYYMMDD BE -a; wi M® NCDEH North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Alex Ford Resco Products, Inc Penn Center W Bldg 2 Pittsburgh, PA 15276 Dear Permittee: Division of Water Quality Charles Wakild, R E. Director November 20, 2012 Dee Freeman -- ' ���ecrear L�E � I ,I� 9 20111111111121 j Rale;gl' Regional Mice Subject: NPDES Stormwater Permit Coverage Renewal Resco Products, Inc COC Number NCG020157 Orange County In response to your renewal application for continued coverage under Stormwater General Permit NCG020157 April 13, 2012, the Division of Water Quality (DWQ) is forwarding herewith the reissued Certificate of Coverage and stormwater General Permit. This permit is reissued pursuant to the . requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated October 15, 2007 (or as subsequently amended.) The following information is included with your permit package: • A new Certificate of Coverage • A copy of the stormwater General Permit • A copy of a Technical Bulletin for the General. Permit * Copies of the Discharge Monitoring Report (DMR) Form • Copies of the Annual Discharge Monitoring Report Form (if applicable) • Copies of the Qualitative Monitoring Report Form The General Permit authorizes discharges of stormwater only, and it specifies your obligations with respect to stormwater discharge controls, management, monitoring, and record keeping, Please review the new permit to familiarize yourself with all changes in the reissued permit. Significant changes to the General 11'ermit are outlined in the attached Technical Bulletin. Your coverage under the General Permit is transferable only through the specific action of DWQ. This permit does not affect the legal requirements to obtain other permits which may be required by DENR, nor does it relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer service: 1.877-623-6748 Internet www.ncwaterQuality.org One r An Equal Opportunity l Affirmative Aclion Employer North C aC011 n a ;Vatura!!y ok If you have any questions regarding this permit package please contact the DWQ Stormwater Permitting Unit at 919-807-6300. Sincerely, ORIGINAL SIGNED 13) KEN PICKLE for Charles Waki Id, P.E. cc: DWQ Central Files Stormwater Permitting Unit Files Raleigh Regional Office, Surface Water Protection Section Supervisor ,r STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020157 STORMWATER AND PROCESS WASTEWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Resco Products, Inc is hereby authorized to discharge stormwater and to operate treatment systems and discharges associated with mine dewatering wastewater and process wastewater from a facility located at: Resco Products, Inc 231 Piedmont Dr Hillsborough Orange County to receiving waters designated as Eno River, class C NSW, waterbody in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, IV, V, and VI of the General Permit as attached. This certificate of coverage shall become effective November 20, 2012. This Certificate of Coverage shall remain in effect for the duration.of the General Permit. Signed this day November 20, 2012. ORIGINAL SIGNED Sl KEN PICKLE for Charles Wakild, P.E,, Director Division of Water Quality By Authority of the Environmental Management Commission ,0 Romanski, Autumn From: Thomas, Randy[Randy.Thomas@RescoProducts.Com] Sent: Tuesday, February 22, 2011 2:31 PM To: Romanski, Autumn Subject: RE: NCG020157 Autumn, mentioned to Myrl on the phone about the outfall clog, I wanted to give you an update. There was a very small stream flowing through a 24" pipe from our first pond to a drainage ditch and then there was no discharge at the outfall. Upon further inspection we found debris caught inside of the 24" pipe which we cleaned out. When we inspected the drainage ditch we observed where flow had been dammed by a beaver in several locations. We busted up the dams and plan to walk the ditch during our inspections of the outfall. We now have flow again. If you have any questions let me know, my phone number is (919) 732-3981 ext 1006. Thanks, Randy Thomas Resco Products, Inc. Piedmont Minerals Division From: Nisely, Myrl [mailto:myrl.nisely@ncdenr.gov] Sent: Monday, February 21, 2011 1:56 PM To: Thomas, Randy Cc: Romanski, Autumn Subject: FW: NCGO20157 Randy, in the memo below Bethany comments about a change of ownership. You stated in your initial call to me that you were from Piedmont Minerals, so that is what made us wonder. I presume the correct permit owner is still Resco. If not contact me again for a change of ownership form. I will notify Autumn concerning the clogged outfall. Thanks, Myrl From: Georgoulias, Bethany Sent: Monday, February 21, 2011 1:44 PM To: Nisely, Myrl Subject: NCGO20157 Myrl, Attached is a copy of the renewal letter (last page) and forms we sent out in 2009. They need to fill these out and get them back to us. Even though they've been paying fees (and we'll likely renew without question because of that), their obligation was to get these forms back to us when they received them the first time. They also need to notify us if there's been a change in ownership. Let us know if you have any other questions, Bg Bethany Georgoulias Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6372 Fax: (919) 807-6494 NEW Website: http:llportal.ncdenr.org/web/wa/ws/su E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 TO DISCHARGE STORMWATER, MINE DEWATERING, AND PROCESS WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of stormwater, mine dewatering wastewater, and process wastewater to the surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters, from active and inactive mining sites, in accordance with the terms and conditions set forth herein. Coverage under this General Permit is applicable to: ♦ Stormwater point source discharges associated with mining and quarrying of non- metallic minerals (except fuels), mine excavation, processing, and vehicle maintenance; ♦ Mine dewatering wastewater discharges; ♦ Wastewater discharges from sand and/or gravel operations; ♦ Operation of non -discharging closed -loop recycle systems (and infrequent overflows); ♦ Process wastewater discharges from non -closed -loop recycle systems. The following activities and associated discharges are excluded from coverage under this permit: ♦ Borrow Pits covered by the DOT statewide stormwater permit, ♦ Peat Mining, ♦ Coal Mining, ♦ Metal Mining, ♦ Oil and Gas Extraction Operations, and ♦ Combined Mining/Asphalt Operations (where asphalt operation is not covered by a separate permit). The General Permit shall become effective on January 1, 2010. The General Permit shall expire at midnight on December 31, 2014. Signed this day December 29, 2009. Original Signed by Chuck Wakild _ for Coleen H. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCG020000 TABLE OF CONTENTS PART I INTRODUCTION Section A: General Permit Coverage Section B: Permitted Activities PART lI AUTHORIZATION TO CONSTRUCT AND OPERATE A TREATMENT FACILITY Section A: Requirements to Construct New or Expanded Treatment Facilities Section B: Requirements For Operation of a Treatment Facility PART III MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan (SPPP) Section B: Stormwater Discharges: Analytical Monitoring Requirements Section C: Stormwater Discharges: On -Site Vehicle Maintenance Section D: Stormwater Discharges: Qualitative Monitoring Requirements Section E: Wastewater Discharges: Effluent Limitations and Monitoring Requirements for Mine Dewatering Wastewater and Process Wastewater PART IV STANDARD CONDITIONS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability S. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. General Permit Expiration 2. Transfers 3. When an Individual Permit May be Required 4. When an Individual Permit May be Requested i Permit No. NCG020000 5. Signatory Requirements 6. General Permit Modification, Revocation and Reissuance, or Termination 7. Certificate of Coverage Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce not a Defense 3. Bypassing of Wastewater or Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures S. Non-Stormwater Discharges 6. Representative Outfall 7. Records Retention 8. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART V LIMITATIONS REOPENER PART VI ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS IF Permit No. NCG020000 PART I — INTRODUCTION SECTION A: GENERAL PERMIT COVERAGE All persons desiring to have facilities covered by this General Permit must register with the Division of Water Quality (DWQ) by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to any discharge of stormwater associated with industrial activity, mine dewatering wastewater, or process wastewater that has a point source discharge to the surface waters of the state. This General Permit covers mining and quarrying of nonmetallic minerals (except fuels) including borrow pits (that would not be covered under the statewide DOT stormwater permit) and active or inactive mines that discharge stormwater contaminated with, or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located at the site of such operations and stormwater runoff from vehicle maintenance areas. This General Permit also covers discharge of wastewater from processing mined materials and mine dewatering wastewater from the groundwater and/or stormwater that accumulates in the mine pit. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 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. Any facility may apply for new or continued coverage under this permit until a Total Maximum Daily Load (TMDL) for pollutants for stormwater or wastewater discharges is established. A TMDL sets a pollutant -loading limit that affects a watershed, or portion of a watershed, draining to an impaired water. For discharges to watersheds affected by a TMDL, coverage under this permit may depend on the facility demonstrating it does not have reasonable potential to violate applicable water quality standards for those pollutants as a result of discharges. If the Division determines that discharges have reasonable potential to cause water quality standard violations, the facility shall apply for an individual permit 180 days prior to the expiration date of this general permit. Once that individual permit is effective, the facility will no longer have coverage under this general permit. [Note the permittee must identify impaired waters (scheduled for TMDL development) and waters already subject to a TMDL in the Site Plan, as outlined in the Stormwater Pollution Prevention Plan (SPPP), Part I1I, Section A. Parts I -II Page 1 of 4 Permit No. NCG020000 SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater, mine dewatering, and/or process wastewater to the surface waters of North Carolina or a separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this General Permit. Types of approved discharges are dependent upon approval and are detailed in the permittee's individual Certificate of Coverage (COC). All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. If mining activities will expand or change such that the types of discharges are affected, the permittee is to contact DWQ to determine if modifications to the COC are necessary first The permittee is also responsible for contacting the Division of Land Resources (DLR) if modifications to the Mining Permit are necessary, as compliance with the Mining Permit is a stipulation of this permit. The discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. Discharges allowed by this permit must meet applicable wetland standards as outlined in 15A NCAC 213.0230 and .0231 and water quality certification requirements as outlined in 15A NCAC 2H .0500. This permit does not relieve the permittee's responsibility for compliance with any other applicable federal, state or local law, rule, standard, ordinance, order or decree. PART II - AUTHORIZATION TO CONSTRUCT AND OPERATE A TREATMENT FACILITY Mining operations involving construction and operation of wastewater treatment facilities for mine dewatering or process wastewater (such as saw water, wash water, etc.) are subject to construction and operation requirements for treatment facilities as outlined in Sections A and B below. SECTION A: REQUIREMENTS FOR CONSTRUCTING NEW OR EXPANDING WASTEWATER TREATMENT FACILITIES All new or expanding wastewater treatment facilities must receive an Authorization to Construct [AtC) from DWQ unless specifically excluded in Part III, Section E in this permit. Treatment facility arrangements excluded from the AtC requirement are as follows: ♦ Dewatering wastewater directly pumped from the pit through erosion and sedimentation control facilities and that does not require additional treatment other than those structures to meet effluent limits prior to discharge. ♦ Water conveyed from mined sand and/or gravel through erosion and sedimentation control facilities and that does not require additional treatment other than those structures to meet effluent limits prior to discharge. ♦ Closed -loop process recycle wastewater systems that are designed to operate with a minimum of two feet (2') of freeboard and that limit the water entering the system to makeup water and/or precipitation that falls directly into the system (i.e., exclude stormwater runoff from draining into the system). ♦ Facilities designed to administer polyacrylamides (PAMS) or other chemical flocculant materials, as long as administered in accordance with Division requirements and that do not require additional treatment other than those structures to meet effluent limits prior to discharge. Parts I -II Page 2 of 4 Permit No. NCG020000 Treatment facility arrangements that are subject to AtC requirement include, but are not limited to: Dewatering wastewater treatment facilities for discharges that do not meet effluent limits and do not protect water quality standards. Process recycle wastewater systems that are not designed to operate with a minimum of two feet (2`) of freeboard and/or do not otherwise meet criteria to be considered closed -loop recycle system (i.e., Non -closed -loop recycle systems). 2. Application for the AtC requires that plans and specifications be submitted to the Division of Water Quality, Stormwater Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699- 1617 for approval. 3. Upon approval of the plans and specifications by the Division, a set of approved plans and specifications for the subject project will be returned to the permittee. These plans must be retained by the permittee for the life of the treatment facility. 4. Upon receipt of an approved AtC, approved treatment facilities shall be constructed and implemented in accordance with the conditions of this permit, approved plans and specifications, and other supporting data. Treatment facilities shall be constructed to meet the effluent limitations in Part III, Section E of this General Permit. All such inspections must be documented with printed name, date, and signature of individual performing the inspection(s). S. Upon completion of construction and prior to operation of a permitted facility, a certification of plans and specifications must be received from a professional engineer in accordance with G.S. 89-25 certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification of plans and specifications to the Division of Water Quality, Stormwater Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 6. The permittee shall notify the DWQ Regional Office at least seventy-two (72) hours in advance of operation of the installed facilities so that an in -place inspection can be made if the Regional Office so desires. Such notification to the Regional Supervisor shall be made during normal business hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Parts I-11 Page 3 of 4 Permit No. NCG020000 SECTION B: REQUIREMENTS FOR OPERATION OF A WASTEWATER TREATMENT FACILITY Existing, new and expanding wastewater treatment facilities shall be subject to the following operational requirements. 1. -Operation and maintenance of treatment facilities must be in accordance with the requirements in this General Permit. For the purposes of this permit no documentation other than a signed Certificate of Coverage is required to operate an existing treatment facility. New treatment facilities must also have an Authorization to Construct (AtC) permit, with the exceptions noted in Section A above. 2. Diversion or bypass of untreated wastewater from a treatment facility is prohibited except under provisions of this permit in Part IV, Section C.3 and Part IV, Section E.7 3. In the event that a facility fails to perform satisfactorily, including the creation of nuisance conditions, the permittee shall take immediate corrective action, including those actions that may be required by this Division, such as the construction of additional or replacement treatment or disposal facilities. 4. The issuance of this permit shall not relieve the permittee of the responsibility for damages to surface waters of the State resulting from the operation of a treatment facility. S. Any discharge from a treatment system to groundwater must protect the groundwater standards specified in 15A NCAC 2L, Groundwater Classification and Standards. 6. Any groundwater quality monitoring, as deemed reasonably necessary by the Division, shall be provided. 7. Flocculants evaluated by the Division may be used if administered in accordance with maximum application doses and any other current requirements. No other chemical flocculants shall be used in the treatment facility without written authorization from the Division. Evaluated Polyacrylamide (PAMS) information can be found via the Stormwater Permitting Unit website. 8. All discharges of mine dewatering wastewater and process wastewater will be monitored in accordance with Part I11, Section E of this permit. Parts I-ll Page 4 of 4 Permit No. NCG020000 PART III — MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION AND PREVENTION PLAN (SPPP) All permittees shall develop and implement a Stormwater Pollution Prevention Plan (SPPP), herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part IV, Standard Conditions, Section E, Paragraph 3 of this General Permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge. The general location map (or alternatively the site map) shall identify whether each receiving water is impaired (on the state's 303(d) list of impaired waters) or is located in a watershed for which a TMDL has been established, and what the parameter(s) of concern are. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: the site property boundary, the stormwater discharge outfalls,,all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs (with design capacities), and permanent impervious surfaces, such as roads or process areas that are unlikely to change frequently. The site map shall include a distance legend. In addition, the following industrial activity areas must also be identified on the site map: fueling, engine maintenance and repair, vessel maintenance and repair, washing, painting, sanding, blasting, welding, and metal fabrication. (d) A list of significant spills or leaks of pollutants that have occurred during the previous three (3) years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges., The certification statement will be signed in accordance with the requirements found in Part IV, Standard Conditions, Section B, Paragraph S. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Part III Page 1 of 16 Pages Permit No. NCG020000 2. Erosion and Sedimentation Control. The permittee shall implement the management practices and the erosion and sedimentation control measures that are included in the mining permit or erosion and sedimentation control permit issued by the Division of Land Resources (DLR). Compliance with the DLR issued permit is considered a requirement of this general permit. Any deviation from the DLR issued permit, or amendments to the issued permit, that impacts water quality shall constitute a violation of the terms and conditions of this general permit. All erosion and sediment controls shall be inspected, and a respective written record of repairs and maintenance shall be available to DWQ inspectors. A signed copy of the issued permit including the approved erosion and sedimentation control measures and the reclamation plan shall be maintained on the site at all times. Once an area is released by the Division of Land Resources in accordance with NC G.S. Chapter 74, Article 7, it shall no longer be subject to this general permit. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Management of Stormwater Runoff and Runon. The permittee shall maintain stormwater BMPs for mine excavation and disturbance areas, process areas, and any other areas associated with mining or vehicle maintenance activities. In addition, controls should be used to limit or isolate selected land disturbance and process areas and limit the amount of off site stormwater runon to those areas. Appropriate Best Management Practices (BMPs) should be used to divert, infiltrate, reuse or otherwise manage stormwater runoff and runon in a manner that reduces pollutants in stormwater discharges leaving the site. Appropriate BMPs may include but are not limited to: vegetative swales, berms, use of reclaimed mine areas, and reuse of collected stormwater (such as for an industrial process or as an irrigation source). (b) BMP Controls Inspection and Maintenance. All stormwater controls shall be inspected. All inspections are to be documented with a written record of repairs. BMPs shall be inspected by or under the direction of the permittee at least once every seven calendar days and within 24 hours after any storm event that results in a discharge, unless the site is inactive. Reduced Inspections for inactive mines: For inactive mines that have obtained an "Inactive Renewal" Mining Permit from DLR, BMPs must be inspected at least once every month, and within 24 hours of any storm event of 0.5 inches or more. For mines where active mining has suspended temporarily, but the mine maintains an active Mining Permit from DLR, the permittee must certify to DWQ that all portions of the site where clearing, grading, and/or excavation activities have temporarily ceased have been stabilized with vegetation, and may then conduct BMP inspections within 24 hours of any storm event that results in a discharge (no weekly minimum). The permittee must send certification to the DWQ Regional Office of "inactive" status and may be subject to an inspection for verification. The permittee must also notify the Regional Office upon resuming mining activities. A rain gauge and monitoring records are to be kept on site. BMPs shall be operated and maintained. BMPs must be cleaned out when sediment storage capacity is at 50% permitted volume. If visible sedimentation is leaving the property, corrective Part III Page 2 of 16 Pages Permit No. NCG020000 action shall be taken to reduce the discharge of sediments. Visible sedimentation shall be recorded with a brief explanation of measures taken to prevent future releases, as well as any measures taken to remove the sediment that has left the site. Visible sedimentation records shall be kept onsite. All other stormwater specific controls (e.g. oil/water separators) shall be inspected and qualitatively monitored (as per Part III. D) on a semi-annual schedule. A log of all sampling data, including activities taken to implement SMPs associated with vehicle maintenance activities, shall be maintained and incorporated into the SPPP and kept onsite and available for inspection purposes. These items shall be available for the duration of the permit term and made available to the Director upon request. These data shall be sent to the Regional Office upon request. (c) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism), and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (S) years. 4. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall ensure equipment used during mining activity on a site must be operated and maintained to prevent potential pollution of the surface water or groundwaters of the state. Fuels, lubricants, coolants, hydraulic fluids, or any other petroleum products shall not be discharged on the ground or into surface waters. Spent lubricants and fuels shall be disposed of properly and in accordance with applicable federal disposal regulations. Spilled fluids shall be cleaned up to the maximum extent practicable and properly disposed of to prevent entry to surface waters or groundwaters of the state. The program shall establish schedules of inspections, maintenance, and housekeeping measures for vehicle maintenance and industrial activity areas (including material storage and handling areas, Part III Page 3 of 16 Pages Permit No. NCG020000 disposal areas, process areas, loading and unloading areas, and haul roads), where not already addressed under another element of this Plan. Schedules for inspections, maintenance, and housekeeping, and documentation that these program elements are being implemented, shall be recorded and maintained in the SPPP. 6. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. Additional required training items include: used oil management, spent solvent management, disposal of spent abrasives, disposal of vessel wastewaters, fueling procedures, sanding, painting and blasting procedures, and used battery management. 7. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance that has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred. The annual update shall include written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part VI, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. 9. Plan Implementation. The permittee shall implement the Plan and all appropriate BMPs to ensure that contaminants do not enter surface waters via stormwater that comes in contact with any unstabilized overburden, raw materials, intermediate products, finished products, byproducts or waste products located on the site covered by this permit. Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on - site for a period of five years and made available to the Director or the Director's authorized representative immediately upon request. SECTION B: STORMWATER DISCHARGES: ANALYTICAL MONITORING REQUIREMENTS Stormwater discharges are defined as stormwater from mining activity areas, including (but not limited to) areas of mine excavation, other land disturbance, process areas, and vehicle maintenance. This section does not apply to wastewater discharges from mine dewatering Part III Page 4 of 16 Pages Permit No. NCG020000 and process areas. Analytical monitoring for stormwater discharges shall be performed for parameters as specified in Tables 1 through 3. All analytical monitoring shall be performed during a representative storm event as defined below. Monitoring Exemption Analytical monitoring is not required for any basin or pond designed to contain the 25-year, 24- hour storm (see Part VI I, Definitions) without discharging, and that can regain capacity to hold such an event within five (5) days' time through means other than discharge to surface waters. A basin or pond that meets this provision is considered a non -discharging stormwater control. Table 1. Analytical Monitoring Requirements for stormwater Discharges from Mining Activities Discharge, Characteristics " Units Measurement Fre uenc 1 Sample Type2 Sample Locaiion3 Settleable Solids ml l Semi-annual Grab SDO Total Suspended Solids mg/1 Semi-annual Grab SDO Turbidit 4 NTU Semi-annual Grab SDO, or U,D4 Total Rainfall$ inches Semi-annual -- -- Event Durations minutes Semi-annual Estimate -- Total Flow6 MG Semi-annual Estimate SDO Footnotes: 1. Measurement Frequency: Twice per year during a representative storm event, as defined for this permit Failure to comply with semi-annual monitoring in accordance_ with permit terms for anv-six-month monitoring period immediately triggers- monthly monitoring for the remaining permit term. 2. Grab samples shall be collected within the first 30 minutes of discharge. For sites where multiple outfalls are separated by distances that preclude collection within 30 minutes of each discharge event is not feasible, begin collection procedures within 30 minutes and continue until all outfalls with discharges are sampled. Documentation explaining why it was not possible to take samples within the first 30 minutes must be kept in the SHE 3. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted and documented by the Division of Water Quality. A copy of the letter granting ROS shall be kept on site. 4. Turbidity may be monitored at the Stormwater Discharge Outfall. Alternativeiy, the permittee may choose to monitor turbidity in the receiving water, directly upstream and downstream of the stormwater discharge outfall(s). 5. For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. 6. Total flow shall be: (a) measured continuously, or (b) calculated based on the amount of area draining to the outfall, the amount of impervious area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total rainfall precipitation and duration of the rainfall event refers to the representative storm event sampled. All analytical monitoring shall be performed during a representative storm event at each stormwater discharge outfall (SDO]. The permit allows the permittee to monitor turbidity at the SDO or up- and downstream of the SDO; however, the permittee should consider regular turbidity sampling up- and downstream of the discharge(s) when feasible to ensure compliance with water quality standards. Part III Page 5 of 16 Pages Permit No. NCG020000 A representative storm event for the purposes of this General Permit is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 48 hours. One storm event may have a time period within it that has no precipitation. This time period may last up to 10 hours, For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. The permittee shall complete the analytical samplings in accordance with the schedule specified in Table 2. A minimum of 60 days must separate each sample event unless monthly monitoring has been instituted Under a Tier 2 response. Failure to comply with semi-annual monitoring in accordance with permit t rm f r an six-month monitoring Period immediately triggers monthly monitoring for the remaining permit term unless adverse weather conditions prevent sample collection during the sample collection period. Inability to sample due to adverse weather conditions must be documented in the SPPP with date, time and written narrative (see Adverse Weather in Definitions) and reported on the Annual Summary DMR. Table 2. Monitoring Schedule Semi-annual Monitoring Events1•2 Start Date ` (All Years)3 End Date (All Years) 3 1 January 1 June 30 2 July 1 December 31 Footnotes: 1. Maintain semi-annual monitoring during permit renewal process (unless tiers prompt monthly). If atthe expiration of the General Permit, the permittee has submitted an application for renewal of coverage before the submittal deadline, the permittee will be considered for renewed coverage. The applicant must continue monitoring until the renewed Certificate of Coverage is issued. 2. If no discharge occurs during the sampling period, the permittee must record "No Flow" or "No Discharge" within 30 days of the end of the six-month sampling period in the SPPP. "No Flow" or "No Discharge" shall be reported on the Annual Summary Discharge Monitoring Reports (DMR). This DMR is to be submitted to the Division's Central Office by March 1. of each year. 3. Monitoring periods remain constant throughout the five-year permit term (from January 1, 2010 to December 31, 2014). In all cases, the permittee shall report (as required in Part IV, Section Q the analytical results from each sample within the monitoring period. The permittee shall compare those results to the benchmark values in Table 3. Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, send the monthly monitoring results to the appropriate Regional Office, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of tiered response actions. Table 3. Benchmark Values for Stormwater Discharges Discharge Characteristics Benchmark Values Settleable Solids 0.1 ml I Total Suspended Solids (TSS) 100 mg/1 TSS ORW, H W, trout, and PNA waters 50 mg/1 Turbidity N/A See below Part III Page 6 of 16 Pages Permit No. NCG020000 The discharge shall not cause the turbidity of the receiving water to exceed Water Quality Standards: 10 NTU freshwater streams, lakes, and reservoirs designated as trout waters 25 NTU all lakes and reservoirs, and all salt waters 50 NTU all other streams and surface waters if turbidity of the receiving stream exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. If the turbidity exceeds these levels as a result of stormwater discharges, the permittee must immediately institute Tier 2 response actions, including monthly monitoring of all stormwater discharge outfalls to the receiving waters. The permit allows the permittee to monitor turbidity in the effluent or up- and downstream of the discharge point; however, the permittee should consider regular turbidity sampling up- and downstream of the discharge(s) when feasible to ensure compliance with water quality standards. r Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations within the benchmark range. 4. Implement the selected actions within two months of the inspection. S. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. 6. Send all monitoring results for that sample period to the appropriate DWQ Regional Office. Part III Page 7 of 16 Pages Permit No. NCG020000 .Tier Two If: During the term of this permit, the first valid sampling results from two (2) consecutive monitoring periods are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall; Then: The permittee shall 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two (2) consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three (3) consecutive samples are below the benchmark values or within the benchmark range. 3. Send all monthly monitoring to the appropriate DWQ Regional Office. 4. If no discharge occurs during the sampling period, the permittee is required to record "No Flow" or "No Discharge" in the SPPP for the sampling the period to comply with monthly monitoring requirements and must submit reports in accordance with this permit. 5. Maintain a record of Tier Two responses in the Stormwater Pollution Prevention Plan. Tier -Three'. During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four (4) occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may but is not limited to: • Require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • Rescind coverage under the General Permit, and require that the permittee to apply for an individual stormwater discharge permit; • Require the permittee to implement in -stream Turbidity Monitoring (U,D) • Require the permittee to install or modify structural stormwater controls; or • Require the permittee to implement other stormwater control measures SECTION C: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS (STORMWATER DISCHARGES) Facilities which have any on -site vehicle maintenance activity that uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4. This monitoring shall be performed at all outfalls discharging stormwater runoff from vehicle maintenance areas, and in accordance with the Part III Page 8 of 16 Pages Permit No. NCG020000 schedule presented in below. All analytical monitoring shall be performed during a representative storm event as defined for this General Permit, unless adverse weather conditions prevent sample collection during the sample collection period. Inability to sample due to adverse weather conditions must be documented in the SPPP with date, time and written narrative (see Adverse Weather in Definitions) and reported on the Annual Summary DMR. Table 4. Analytical MonitoringRe uirements from On -Site Vehicle Maintenance Areas Discharge Characteristics units_ Measurement Fre uenc 1 Sample.. Type2 Sample Location3 H standard Semi-annual Grab SDO Total Petroleum Hydrocarbons (TPH) EPA Method 1664 SGT-HEM mg/1 Semi-annual Grab SDO Total Suspended Solids (TSS] mgjI Semi-annual Grab SDO Total Rainfall4 inches Semi-annual Grab -- Event Duration4 minutes Semi-annual Estimate -- Total Flows MG Semi-annual Estimate SDO New Motor Oil Usage gallons/month Semi-annual Estimate -- Footnotes: 1. Measurement Frequency: Twice per year during a representative storm event (See Table 2). A minimum of 60 days must separate each event. Failure to comply with semi-annual monitoring in accordance_with_ e� rmt terms for any six-month monitoring period immediately triggers monthly monitoring for the remaining permit term. 2. Grab samples shall be collected within the first 30 minutes of discharge. 3. Sample Location: Samples shall be collected at each stormwater discharge outfall (00) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4. For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. 5. Total flow shall be: (a) measured continuously, or (b) calculated based on the amount of area draining to the outfall, the amount of impervious area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total rainfall precipitation and duration of the rainfall event refers to the representative storm event sampled. In all cases, the permittee shall report (as required in Part IV, Section E.) the analytical results from each sample within the monitoring period. The permittee shall compare those results to the benchmark values in Table S. Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, send the monthly monitoring results to the appropriate Regional Office, and/or install stormwater Best Management Practices (BMPs) in a tiered program. The permittee shall comply with the required tiered response actions identified above. Table 5. Benchmark Values for On -Site Vehicle Maintenance Activities Discharge Characteristics Benchmark Values H within ran e the 6.0 — 9.0 Total Petroleum Hydrocarbons (TPH) 15 mg/1 Suspended Solids TSS 100 m l [ToStal ORW, H W, trout, and PNA waters 50 mg/1 Part I11 Page 9 of 16 Pages Permit No. NCG020000 SECTION D: QUALITATIVE MONITORING REQUIREMENTS (STORMWATER DISCHARGES) Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 6. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a representative storm event as defined for this General Permit, unless adverse weather conditions prevent sample collection during the sample collection period. Inability to sample due to adverse weather conditions must be documented in the SPPP with date, time and written narrative (see Adverse Weather in Definitions). Qualitative monitoring will be performed twice per year, in accordance with the schedule in Table 2. A minimum of 60 days must separate monitoring dates. Table 6. Qualitative Monitoring Requirements Discharge Characteristics Frequency2 Monitoring Location1 Color Semi-annual SDO Odor Semi-annual SDO Clari Semi-annual SDO Floating Solids Semi-annual SDO Suspended Solids Semi-annual SDO Foam Semi-annual SDO Oil Sheen Semi-annual SDO Deposition at or immediately below the outfall Semi-annual SDO Erosion at or immediately below the outfall Semi-annual SDO Other obvious indicators of stormwater pollution Semi-annual SDO Footnotes: 1. Monitoring Location; Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status (ROS), unless ROS isgranted specifically for qualitative monitoring. A copy of any letter granting ROS shall be kept on site. 2. For any outfalls represented by SDOs with representative status for qualitative monitoring, qualitative monitoring is only required annually instead of semi-annually. Representative outfall status (ROS) specifically for qualitative monitoring may be granted for some stormwater outfalls and must be documented by the Division of Water Quality. Qualitative monitoring for all outfalls represented must still be performed annually at a minimum. Qualitative monitoring records shall not be turned into the Division except when requested. Qualitative monitoring records shall be maintained on site as part of the SPPP. Part III Page 10 of 16 Pages Permit No. NCG020000 Qualitative monitoring is for the purposes of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP), assessing new sources of stormwater pollution, and prompting the permittee's response actions to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, DWQ may but is not limited to: • Require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • Rescind coverage under the General Permit, and require that the permittee to apply for an individual stormwater discharge permit; • Require the permittee to implement in -stream Turbidity Monitoring (IJ,D) • Require the permittee to install or modify structural stormwater controls; or • Require the permittee to implement other stormwater control measures SECTION E: WASTEWATER DISCHARGES: EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR MINE DEWATERING WASTEWATER & PROCESS WASTEWATER 1. MINE DEWATERING WASTEWATER Mine dewatering requirements apply to all mines that dewater from pits including quarries, clay brick, sand & gravel, borrow pits, and refractory mining, as well as mines with similar discharges. Note that for Construction Sand and Gravel or Industrial Sand mines, "mine dewatering" - wastewater includes wet pit overflows caused solely by direct rainfall and groundwater seepage. During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge mine dewatering wastewater controlled in accordance with the conditions of this permit. Mine dewatering activities that have the potential to drain wetlands or other surface waters must have secured and implemented a Pumping Operation and Monitoring (O&M) Plan approved by the Division. Pumping 0&M Plans shall include, but are not limited to: • Groundwater monitoring strategies to demonstrate the effect of pumping. • Detailed plans to maintain the surrounding hydrology that protects the affected streams and wetlands and the respective monitoring to demonstrate compliance. • The pumping regime deemed necessary to protect affected streams and wetlands. Alternative site specific pumping and monitoring regimes may be approved by the Division on a case -by -case basis. At the Division's discretion, approval of the Pumping O&M Plan may be required prior to coverage under this general permit. Analytical monitoring of mine dewatering wastewater shall be performed as specified below in Table 7. For each parameter, an effluent limitation is contained in Table 8. An exceedence of any of these limitations is a violation of the permit conditions and may be subject to enforcement action as specified in Part 1V, Section A.2 of this permit. Part III Page 11 of 16 Pages Permit No. NCG020000 Mine Dewatering Treatment System ATC Requirement: Engineered erosion and sedimentation control (E&SC) structures that sufficiently treat mine dewatering wastewater so that permit effluent limits are met and water quality is protected, do not require an Authorization to Construct (AtC) and may operate in accordance with Part II, Sections A and B. Any additional treatment devices (other than erosion and sediment control structures) needed to meet permit limits and conditions are subject to Authorization to Construct (AtC) requirements. 2. PROCESS_ WASTEWATER Process wastewater includes, but may not be limited to, the water involved in the slurry transport, washing, sawing of mined material, air emissions control or processing exclusive of mining of sand, gravel and stone washing operations, dimension stone cutting operations, and air scrubbing and dust control operations. A) Overflow From Non -Closed Loop Recycle Systems A "closed -loop" system is a wastewater recycle system where the only other water that may be added is either make-up water or precipitation that falls directly into the system. "Closed -loop" systems must operate at or below two feet of freeboard and must be designed to exclude stormwater runoff from draining into it. Non -closed -loop recycle systems may recycle water, but do not meet the above design criteria. During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge overflow from the process recycle wastewater systems that are not designed as closed -loop recycle systems. Analytical monitoring of overflow from process recycle wastewater systems that are not designed as closed -loop recycle systems shall be performed as specified below in Table 7. For each parameter, an effluent limitation is contained in Table 8. For the purposes of this permit, overflow refers to a discharge of process wastewater as a result of a precipitation event. Nan -Closed -Loop Recycle System ATC Requirement: Non -closed loop recycle systems do not meet the requirements for closed -loop recycle systems and are not designed and operated with two feet of freeboard. Authorization to construct and operate requirements (Part 11, Sections A and B) are applicable to non -closed -loop recycle systems. B) Other Treated Process Wastewater Discharges During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge treated process wastewater from mining operations. Treatment may involve conveyance through erosion and sedimentation control (E&SC] structures and/or other engineered treatment systems. Analytical monitoring of process wastewater shall be performed as specified below in Table 7. For each parameter, an effluent limitation is contained in Table B. An exceedence of any of these limitations will result in a violation of the permit conditions and may be subject to enforcement action as specified in Part IV, Section A.2 of this permit. Part III Page 12 of 16 Pages Permit No. NCG020000 Process Wastewater Treatment System ATC Requirement: Engineered Erosion and Sedimentation control (E&SC) structures that sufficiently treat process wastewater so that permit effluent limits are met and water quality is protected, do not require an authorization to construct (AtC) and may operate in accordance with Part 11, Sections A and B. Any additional treatment devices (other than erosion and sediment control structures) needed to meet permit limits and conditions are subject to Authorization to Construct (AtC) requirements. Table 7. Monitoring Requirements for Wastewater Discharges in Section D - 1., Z., and 3. Discharge Characteristics Units Measurement Fre iienc 1. Sample T e2 Sample Location3 " T.ype }l2 Standard Quarterly Grab E All Settleable Solids2 ml l Quarterly Grab E All Total Suspended Solids2 4 mg/1 Quarterly Grab E All Turbidit 2 NTU Quarterly Grab E or U,D All Fecal Coliform2 5 col m! uarterl Grab E All to SA waters Total Flowb MG Quarterly - E All Footnotes: 1. The monitoring frequency is quarterly (see Table 9) unless the effluent limitation in Table 8 is exceeded, at which time monthly monitoring will be required for that parameter for the remaining permit term. Failure to comply with quartet monitoring in accordance with permit -terms for any one calendar quarter immediately triggers monthly monitoring for all parameters for the remaining permit term. 2. A grab sample is not required for pH, settleable solids, TSS, turbidity, or fecal coliform from a basin/pond designed to contain or treat mine dewatering wastewater and that results from rainfall in excess of 10-yr, 24-hr storm (except this exemption is not available for mine dewatering of clay pits). 3. Sample Location: E - Effluent, or combined (U - Upstream, D - Downstream) 4. All facilities that are mining Industrial Sand are required to monitor TSS and are subject to the TSS limits in Table 8. All other types of mines covered by this permit are also required to monitor TSS, but are not subject to the limits in Table 8. 5. Only facilities discharging to waters classified as SA waters are required to monitor for this parameter 6. Total Flow volume shall be recorded by a continuous flow measurement instrument. Alternatively, pump curves and pump logs may be used as a means to calculate flow volume. Part III Page 13 of 16 Pages Permit No. NCGO20000 Table 8. EFFLUENTAMITATIONS FOR PROCESS WASTEWATER AND MINE DEWATERING WASTEWATER Discharge Characteristics Effluent Limitations Monthly Average Daily Maximum Settleable Solids 0.1 ml I 0.2 ml l Total Suspended Solidsl 25 m l 45 m Total Suspended Solidsl (HQW) 20 m l 45 m Total Suspended Solidsl Trout waters & PNA waters 10 mg/1 45 mg/1 H Ran e2 freshwaters -------- 6.0 - 9.0 H Ran e2 saltwaters -------- 6.8 - 8.5 Turbidi 3 -------- -------- Total Volume of Wastewater Discharged (HQW)4 I -------- 50% of 7Q10 flow4 Footnotes: 1. Applicable to Industrial Sand mining. Monthly Average Limit for discharges to waters designated as HQW waters is 20 mg/l and 10 mg/l for trout waters and Primary Nursery Areas (PNAs) 2. Designated swamp waters can have a pH as low as 4.3 if due to natural conditions. 3. No limit in the effluent discharge applies, but turbidity in the receiving waters shall not exceed levels described below as a result of wastewater discharges. 4. The total volume of treated wastewater for all discharges combined shall not exceed 50 percent of the total in -stream flow of the receiving waters under 7Q10 conditions in HQW waters, including trout and PNA waters. The discharge shall not cause the turbidity of the receiving water to exceed Water Quality Standards: 10 NTU freshwater streams, lakes, and reservoirs designated as trout waters 25 NTU all lakes and reservoirs, and all salt waters 50 NTU all other streams and surface waters If turbidity of the receiving stream exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. If the turbidity exceeds these levels as a result of wastewater discharges, the permittee must immediately institute monthly monitoring for all parameters. The permit allows the permittee to monitor turbidity in the effluent or up- and downstream of the discharge point; however, the permittee should consider regular turbidity sampling up- and downstream of the discharge(s) when feasible to ensure compliance with water quality standards. The permittee shall complete the analytical samplings of wastewater discharges in accordance with the schedule specified in Table 9. Failure to comply with quarterly monitoring in accordance with permit terms for any one calendar quarter immediately triggers monthly monitoring for all parameters for the remaining permit term. Part III Page 14 of 16 Pages Permit No. NCG020000 Table 9. Monitoring Schedule Quarterly Monitoring Events1,2 Start Date (All Years)3 End Date (All Years) 3 1 January 1 March 31 2 Aril 1 June 30 3 July 1 September 30 4 October 1 December 31 Footnotes: 1. Maintain quarterly monitoring during permit renewal process (unless an exceedence or failure to monitor prompts monthly monitoring). If at the expiration of the General Permit, the permittee has submitted an application for renewal of coverage before the submittal deadline, the permittee will be considered for renewed coverage. The applicant must continue monitoring until the renewed Certificate of Coverage is issued. 2. If no discharge occurs during the sampling period, the permittee must record "No Flow" or "No Discharge" within 30 days of the end of the three-month sampling period in their SPPP. No Flow" or "No Discharge" shall be reported on the Annual Summary Discharge Monitoring Reports (DMR). This DMR is to be submitted to the Division's Central Office by March 1 of each year. 3. Monitoring periods remain constant throughout the five-year permit term (from January 1, 2010 to December 31, 2014). 3. OVERFLOW FROM A CLOSED -LOOP PROCESS RECYCLE_(CLFER)WASTEWATER_SYSTEM DESIGNED TO OPERATE WITH MINIMUM OF TWO FEET 1`21 OF FREEBOARD A "closed -loop" system is a system where the only water that can be added must be either make- up water or precipitation that falls directly into the system. The system must operate at or below two feet of freeboard. The system must be designed to exclude stormwater runoff from draining into it. During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge overflow from closed -loop process wastewater recycle systems designed and operated with two feet of freeboard during normal operation. For the purposes of this permit, overflow refers to a discharge that occurs as a result of a precipitation event that over -tops the two feet of freeboard and is associated with any of the following: a) Sand, Gravel, and Stone Washing Operations b) Dimension Stone Cutting Operations c) Crusher Dust Control Operations No analytical monitorina is required for overflow from closed -loop process recycle XLPR) wastewater systems designed to operate with two feet offreeboard. Closed -Loop Process Recycle Wastewater System ATC Requirement: Authorization to construct and operate requirements (Part 11, Sections A and B) are not applicable to a closed -loop process recycle wastewater systems that satisfy these design criteria. Part III Page 15 of 16 Pages Permit No. NCG020000 4. BMP Conditions a) The permittee shall utilize best management practices (BMPs) to ensure that contaminants do not enter the surface waters as a result of blasting at the site. b) Flocculants evaluated by the Division may be used if administered in accordance with maximum application doses and any other current requirements. S. Residual Management The residuals generated from treatment facilities used to meet the effluent limitations must be disposed of in accordance with applicable standards and in a manner such as to prevent any pollutants from such materials from entering waters of the state or navigable waters of the United States. Part III Page 16 of 16 Pages Permit No. NCG020000 PART IV — STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance 5chgdu]Q The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing facilities already operating, but applying for coverage under this General Permit for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial Certificate of Coverage issued pursuant to this General Permit and updated thereafter on an annual basis. Secondary containment, as specified in Part Ill, Section A, Paragraph 3(c) of this permit, shall be accomplished within 12 months of the effective date of the initial Certificate of Coverage. New facilities applying for permit coverage for the first time and existing facilities previously permitted and applying for renewal under this General Permit: All requirements, conditions, limitations, and controls contained in this permit become effective immediately upon issuance of the Certificate of Coverage. The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part I11, Section A, Paragraph 3 (c) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. The permittee must comply with all conditions of this General Permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for certificate of coverage termination, revocation and reissuance, or modification; or denial of a certificate of coverage upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] c. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the 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 lI violations are not to exceed $10,000 Parts IV, V, and VI Page 1 of 9 Pages Permit No. NCG020000 per day for each day during which the violation continues, with the maximum amount of any.Class 11 penalty not to exceed $125,000. 3. Duly to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this General Permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Section D of this permit regarding bypassing of stormwater control facilities, nothing in this General Permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this General Permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this General Permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. 7. Severabilitx The provisions of this General Permit are severable, and if any provision of this General Permit, or the application of any provision of this General Permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this General Permit, shall not be affected thereby. 8. Day to Provi e 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 Taming 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 than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports Parts IV, V, and VI Page 2 of 9 Pages Permit No. NCG020000 The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to he 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 6: GENERAL CONDITIONS 1. General Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-2153.6 and 33 USC 1251 et. seq. 2. Transfers The certificate of coverage issued pursuant to this General Permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the certificate of coverage to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required to notify the Division within 90 days in the event the permitted facility is sold or closed. 3. When an Individual Permit May be Required The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this General Permit to apply for and obtain an individual permit or an alternative General Permit. Any interested person may petition the Director to take action under this paragraph. Cases where an individual permit may be required include, but are not limited to, the following: a. The discharger is a significant contributor of pollutants; b. Conditions at the permitted site change, altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a General Permit; C. The discharge violates the terms or conditions of this General Permit; d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; e. Effluent limitations are promulgated for the point sources covered by this General Permit; f. A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this General Permit. g. The Director determines at his or her own discretion that an individual permit is required. 4. When an Individual PermitMay_b�uested Any permittee operating under this General Permit may request to be excluded from the coverage of this General Permit by applying for an individual permit. When an individual permit is issued to an Parts IV, V, and VI Page 3 of 9 Pages Permit No. NCG020000 owner/operator the applicability of this General Permit is automatically terminated on the effective date of the individual permit. 5. Signatory eguirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All notices of intent to be covered under this General Permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b} the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the General Permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (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; which shall not be modified in any way: A certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 6. General Permit Modification, Revocation and Reissuance. or Termination Parts IV, V, and VI Page 4 of 9 Pages Permit No. NCG020000 The issuance of this General Permit does not prohibit the Director from reopening and modifying the General Permit, revoking and reissuing the General Permit, or terminating the General Permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. After public notice and opportunity for a hearing, the General Permit may be terminated for cause. The filing of a request for a General Permit modification, revocation and reissuance, or termination does not stay any General Permit condition. The certificate of coverage shall expire when the General Permit is terminated. Certificate of Coverage Actions The certificate of coverage issued in accordance with this General Permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any General Permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with this General Permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the General Permit. 2. Need to Haltpr Reduce nQt a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this General Permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless; a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under Section E of this Part. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. Parts IV, V, and VI Page 5 of 9 Pages Permit No. NCG020000 SECTION D: MONITORING AND RECORDS Representative Samolin 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. cordinLy R For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this General Permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow MeasuremQnts Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this General Permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then analytical sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Qualitative monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this General Permit for a period of Parts IV, V, and VI Page 6 of 9 Pages Permit No. NCG020000 at least 5 years from the date of the sample, measurement, report or application. This period may he extended by request of the Director at any time. If this volume of records cannot be maintained on - site, the documents must be made available to an inspector upon request as immediately as possible. Inspection alld Ent The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this General Permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this General Permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this General Permit; and d. Sample or monitor at reasonable times, for the purposes of assuring General Permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS 1. Discharge Monitoring Rem Samples analyzed in accordance with the terms of this permit shall be recorded on Discharge Monitoring Report (DMR) forms provided by the Director. Annual Summary DMRs shall be delivered to the Division (Central Office) no later than March 1 of each year (See 2. of this Section). In addition, any samples analyzed in accordance with the terms of this permit that violate a wastewater effluent limit or exceed a stormwater benchmark value shall be submitted to the Division Regional Office on a DMR form and delivered to Division Central Files no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from one or more outfalls during the report period, the permittee is required to record "NO FLOW" or "NO DISCHARGE" in the SPPP within 30 days of the end of the sampling period,"No Flow" or "No Discharge" information shall be reported on the Annual Report DMR. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division, and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific direction to do so. The permittee shall include the signed certification statement described in Part IV, Section B.S.c. 2. Submitting Renorts (3 copies) IwQ signed copies of an Annual Summary Discharge Monitoring Report (DMR) shall be submitted to DWQ no later than March 1 of each year. They shall be submitted to: Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Parts IV, V, and VI Page 7 of 9 Pages Permit No. NCGO20000 One signed DMR form with wastewater effluent limit violations or benchmark value exceedences shall be sent to the appropriate DWQ Regional Office no later than 30 days from the date the facility receives the sampling results from the laboratory. One copy of all tiered (stormwater) response forms shall also be sent to the appropriate DWQ Regional Office no later than 30 days from the date the facility receives the sampling results from the laboratory. All stormwater outfall parameters shall be monitored and recorded during that monitoring period. Addresses for each RO and the counties covered by each RO can be found here: hiWa://www.ennstate.nc.usjhtmilregionalof ices.html. The permittee shall retain the completed originals on site. Qualitative monitoring results should not be submitted to the Regional Offices or Central Files unless specifically requested by DWQ. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall notbe considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-21S.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this General Permit coincides with a non- stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the General Permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. 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 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 Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 Parts IV, V, and VI Page 8 of 9 Pages Permit No. NCG020000 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 9. Spills The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined in Part VII of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 11. Other lnfor_mation Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this General Permit or in any report to the Director, it shall promptly submit such facts or information. PART V - LIMITATIONS REOPENER This General Permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the General Permit; or b. Controls any pollutant not limited in the General Permit, The General Permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART VI - ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 21-1.0105(b)(4) may cause this Division to initiate action to revoke the Certificate of Coverage. Parts IV, V, and VI Page 9 of 9 Pages PART VII - DEFINITIONS 1, Act See Clean Water Act. 2. Adverse Weather Permit No. NCG020000 Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event and the rationale must be included with your SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must be explained on the Annual Summary DMR Report and recorded and explained in the SPPP records. 3. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 4. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 5. 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. More information on BMPs can be found at: http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm. 6. 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. 7. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 8. Certificate of Coverage Part VII Page 1 of 6 Permit No. NCG020O0O 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. 9. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 10, Division or DWQ The Division of Water Quality, Department of Environment and Natural Resources. 11. Director The Director of the Division of Water Quality, the permit issuing authority. 12. EmC The North Carolina Environmental Management Commission. 13. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 14. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 15. Inactive Mining Operations Mining Sites that are not being actively mined, but which have an identifiable owner/operator; inactive mining sites do not include sites where mining claims are being maintained prior to disturbances associated with the extraction, benefaction, or processing of mined materials, nor sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim. 16. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 17. Mine Dewatering Wastewater Mine Dewatering Wastewater includes any water that is impounded in, or that collects in, the mine and is pumped, drained or otherwise removed from the mine through the efforts of the mine operation. In Construction Sand and Gravel or Industrial Sand mines, "mine dewatering" wastewater also includes wet pit overflows caused solely by direct rainfall and groundwater seepage. Discharges of commingled process wastewater and mine dewatering wastewater from the facilities shall be deemed discharges of process wastewater. Part VII Page 2 of 6 Permit No. NCG020000 18. Municipal Separate Storm SewgrSysteM A stormwater collection system within an incorporated area of local self-government such as a city or town. 19. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g) 20. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a General Permit. MIRI ' iMM11 Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations 22. C,ermittee The owner or operator issued a certificate of coverage pursuant to this General Permit. 23. 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. 24. Process WasC-e-waCer Process Wastewater includes any wastewater used in the slurry transport, washing, sawing of mined material, air emissions control or processing exclusive of mining. This water shall also include any other water which becomes commingled with such wastewater in a pit, pond, lagoon, mine or other treatment facility for such wastewater. 25. Representative Storm Event A representative storm event for the purposes of this general permit is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 48 hours. One storm event may have a time period with no precipitation. This time period may last up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. 26. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Part VII Page 3 of 6 Permit No. NCG020000 Representative outfall status allows the permittee to perform analytical monitoring (and in some cases qualitative monitoring) at a reduced number of outfalls. 27. 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. 28. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 29. 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. Meets at least one of the following criteria: (1) Is listed in appendix D of 40 CFR Part 122 on Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table 1V (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 31. 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. 32. Significant Spills Part VII Page 4 of 6 Permit No. NCGO20000 Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref; 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 33. Stormwater Discharge Outfall (SDO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 34. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 35. Stormwater Associated with _lndustria] Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 36. Stormwater Pollution Prevention -Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 37. taw The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20-minute intervals during the rainfall event. 38. Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. (A list of approved TMDLs for the state of North Carolina can be found at http://hZo.enr.state.nc.us/tmdl/) 34. Toxic Pollutant Any pollutant listed as toxic under Section 307(a) (1) of the Clean Water Act. 40. Treatment Facilitief Treatment facilities include any pit, pond, lagoon, basin, mine or containment. structure used to treat or contain process wastewater generated on mine sites. They must be used to meet Effluent Limitations and are not Stormwater Best Management Practices (BMPs). 41. Vehicle Maintenance Activity Part V11 Page 5 of 6 Permit No. NCG020000 Vehicle or vessel rehabilitation, mechanical repairs, painting, fueling, lubrication, cleaning operations, or airport deicing operations. 42. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 43. 2 r, 24 houL storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VII Page 6 of 6 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 7, 2009 Mr. Harold Huskins Plant Manager Resco Products, Inc. PO Box 566 Hillsborough, NC 27278 SUBJECT: Compliance Evaluation Inspection Resco Products, Inc. Permit Number - NCG020157 County - Orange Dear Mr. Huskins: On February 17, 2009, Autumn Hoban, of the Division of Water Quality (DWQ), Raleigh Regional Office, performed a stormwater compliance evaluation inspection of the quarry. Your assistance and cooperation was helpful and appreciated. inspection findings are listed below. 'industry na d Site:l]escription� Resco Products, Inc. mines sand, rock, and refractory materials at the Hillsborough quarry. Stormwater runoff and process wastewater generated at such facilities is regulated by General Permit NCG020000. DWQ has therefore issued Resco Products, inc. certificate of coverage, NCG020157, which became effective on January 19, 2005 and expires on December 31, 2009. spection SSummary. N k� ,F 1 - - u:i.L.i�.".:LMi�-4s...r..�"._...::i....[.......,.. 4.`^."d.:._::n.,...__�—__—xw:i.n:f:.Y.w.:L:.::. r:G.r.,�i..._.:!..7..+::...L..-.....�.b....wE.,...�-1.�.•s.l The facility is mostly a dry plant, but approximately 25% of mining material is washed on -site. Stormwater and process water is directed to a settling pond. Some of the water is recycled. The plant has an intake for receiving water from the Eno River, and utilizes the water as needed, and then discharges back to the Eno River. The original stream was re -directed around the plant many years ago and a trough carries the water from the Eno River through the mine site property to the permitted discharge. The intake is located after the discharge location, thereby, creating a semi -dosed re -circulating system, when water is being withdrawn for use at the facility. The settling pond overflows to the discharge trough and eventually to the Eno River. The pond is cleaned periodically and spoils are placed in the mine. The spoils runoff water and water within the mine can be pumped through 2 vertical drains to a pond, and then filter through a rock dam. Photos are attached, the pond is currently dry, and it appears that sheet flow is likely upon an overflow as designed. NCG020157 -, Page 2 6 The facility keeps good records and was in compliance with the permit requirements. The facility has one permitted outfall and the sampling is done at the trough before the outfall, since it is difficult to reach the actual discharge pipe. The monitoring records on -site showed the most recent sampling was completed 6/19/2008 and 9/11/2008 and the results were good with no water quality issues. The pit was sampled the day of the inspection to identify the characteristics of the wastewater, The results are attached. This information was gathered to assist with permit renewals. Waste oil and diesel fuel are stored on -site and meet secondary containment requirements. No spills were observed on -site during the inspection. Fifty-five gallon drums were covered. Bauxite is brought in and stored on -site. It is our goal to insure the quality of the surface waters of this State. Please review the attached report. If you or your staff have any questions, do not hesitate to contact Autumn Hoban at 919-791-4200. Sincerely, Autumn Hoban Enclosures cc: Central files RRO/DWQ Stormwater Compliance Files Stormwater Permitting Unit 3400 Barrett Drive Raleigh, {North Carolina 27609 Phone: 919-791-4200 Fax: 919-788-7159 One Naturally a 0 Compliance Inspection Report Permit: NCG020157 Effective: 01/19/05 Expiration: 12/31/09 Owner: Resco Products Inc SOC: Effective: Expiration: Facility: Resco Products Incorporated County: Orange 231 Piedmont Or Region: Raleigh Hillsborough NC 27278 Contact Person: Robert Atz Title: Phone: 919-732-3981 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Certification: Phone: Inspection Date: 02117/2009 Entry Time: 01.00 PM Exit Time: 03:00 PM Primary Inspector: Autumn Hoban�r�,' r-�" Phone: 7 Secondary Inspector(s): / Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COC Facility Status: ■ Compliant ❑ Not Compliant Question Areas: 0 Storm Water (See attachment summary) Page: 1 Permit: NCG020157 Owner - Facility: Resco Products Inc Inspection Date: 0211712009 Inspection Type: Compliance Evaluation Reason for Visit: Routine inspection Summary: The facility was in compliance with the requirements of the permit. Sampling was conducted at the mine pit in order to characterize the wastewater. No pit water was discharging the day of the inspection and the basin that the pit water would Flow to when pumped has reportedly been dry since the 2007 drought. This location is not an NPDES Outfall, because the basin has a rock filter dam that delivers sheet flow to a wooded area above the Eno River. The sample results revealed some metals concerns, in the event that during a heavy storm event, flow could reach the Eno River. Since this outfall is not a permitted outfall, there are no requirements for inspection. The sample results are attached. It is recommended that the permittee understand the Water Quality Action Levels for the Eno River and ensure that no discharge from the facility would exceed action levels or water quality standards for the Eno River. Page: 2 u Permit: NCG020157 Owner - Facility: Resco Products Inc Inspection Date: 02/17/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ■ ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ■ ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ❑ ■ ❑ # Has the facility evaluated feasible alternatives to current practices? ■ Cl ❑ ❑ # Does the facility provide all necessary secondary containment? ■ ❑ ❑ ❑ # Does the Plan include a BMP summary? ■ ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ ❑ # Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ ❑ # Is the Plan reviewed and updated annually? ■ ❑ ❑ ❑ # Does the Plan include -a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: Qualitative MOnitOring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ ❑ ■ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ # Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ■ ❑ # Has the facility evaluated all illicit (non Stormwater) discharges? ■ ❑ ❑ ❑ Comment: Page: 3 = '-> l If \!: IV Av iht }11 L,,- A! 41 I 4 44:0 him, 'Iry LS 1-5 ow . 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Type: EFFLUENT Emergency Yes/No COC Yes/No J Location ID: NCG020157 Vs A 3 �4G C ti Visitl D Loc. Descr-; NCGO20157 PIT Collect Date: 02/1612009 Collect Time:: 11:4S Sample Qualifiers and Comments Sample ID: AB40652 PO Number # 9W1062 Date Received: 0211612009 Time Received: 14;00 Labworks LoginlD SMATHIS Date Reported: 3123109 Report Generated: 03123/2009 '�fp �JI�oq Sample Depth Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwglab.org under Staff Access A -Value reported is the average of two or more determinations N3-EsOmated concentration is < PQL and > M D L B1-Countable membranes with <20 colonies; Estimated NE-Na established PQL B2- Counts from all filters were zero. 83- Countable membranes with more than 60 or 80 colonies; Estimated P-Elevated PQL due to matrix interference and/or sample dilution B4-Filters have counts of both >60 or 80 and c 20; Estimated O1-Holding time exceeded prior to receipt at lab. BS-Too many colonies were present; too numerous to count (TNTC) 02- Holding time exceeded following receipt by lab J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated POL- Practical Quantitabon Limit -subject to change due to instrument sensitivity J3-The sample matrix interfered with the abaity to make any accurate determination, Estimated U- Samples analyzed for this compound but not detected J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated X 1 - Sample not analyzed for this compound N 1-The component has been tentatively identified based on mass spectral library search and has an estimated value LAB 3 L:�. `"' Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 1 of 4 NC �WQ .Gd�ior"(Zt0 Sample Ip AB40652 Laboratory Section Results Location ID: NCG020157 Collect Date: 02f1612004 Loc. Descr.: NCGO20157 PIT Collect Time:: 11:45 Visit ID CAS tt Anatyte Name POL Result qualifier Units Analyst/Date Approved By 1Date Sample temperature at recelpt by lab 2.7 'C HPARKER SMATHIS Method Reference 2J16f09 2116109 WARD Resldue_Suspended in Qgvid 8.2 19 mg& MSTARR ESTAFFORD Method Reference APHA2540D-20th 2118109 227M WET Chemical Oxygen Demand In liquid 20 20 U mglL JSTALEY CGREEN Method Reference Hach 8000 - 208109 226M ton Chromatography _TITLE_ mg1L AWILLIAMS CGREEN Method Reference EPA 3W.0 2f25M 3r9109 Total Dlssotved Sands In liquid 12 278 rng1L AWILLIAMS CGREEN Method Reference APHA254DC-18TH 2J17109 2f26109 Chloride 1.0 5,0 UP mg/L AWILLIAMS CGREEN Method Reference EPA 300.0 - 2J25109 319109 Fluoride 0A 2.0 U.P mglL AWILLIAMS CGREEN Method Reference EPA 3000 2125J09 31OM9 Sulfate 2A 200 mglL AWILLIAMS CGREEN Method Reference EPA 300,0 M5109 3J9109 NUT NH3 as N In liquid 0.02 0.14 mg1L as N MAJAYI CGREEN Method Reference Lac1O-107-06-1-J 2J1&09 2126109 Total Kjeldahl N as N In 8quld 0.2 0.2 U mg1L as N MOVERMAN CGREEN Method Reference Iarhatl07-0&2-H 2Ji8r09 3/37C9 NO2+NO3 as N In liquid 0.02 2.4 mg/1- as N MAJAYI CGREEN Method Reference Lac10-107-04-1c 2J18109 2261C9 Phosphorus total as P in liquid 0.02 0.02 U mglL as P GBELK CGREEN Method Reference LacID-115-01-1EF 2119r09 2126109 MET 7440-224 Ag by ICPMS 5.0 5.0 U uglL BSKINNER ESTAFFORD Method Reference EPA 2D0,t1 311Cf09 3/18I09 7429-90-5 Al - DlssotvW Aluminurn by ICP 50 ES ug1L ESTAFFORD ESTAFFORD Method Reference EPA 200.7 - 311&C9 3!i a109 7429-90-5 A! by ICP 50 18000 uglL JJURGEVICH ESTAFFORD Method Reference EPA 200.7 31=9 3118109 7440-38-2 As by ICPMS 2.0 2.0 U ug1L BSKINNER FSTAFFORD Method Reference EPA 200-8 3110109 311 B109 7440-38-3 Ba by ICP 10 47 ug/L JJURGEVICH ESTAFFORD McModReference EPA200-7 314109 3/18/09 Laboratory Section? 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 2 of 4 Section results NC rU`i�VQ Laboratory Sample ID a,saossz �- Location ID: NCG020157 Collect Date: 0211612009 Loc. Descr.: NCG020157 PIT CoilectTime:: 1i:45 Visit ID CAS A Analyte Name NUL Kesult Qualifier unrts AnalystlUate Approvetl tfy luate 7440-41-7 Be by ICP 5.0 5.0 u ug1L JJURGEVICH ES I AEFUHD Method Reference EPA 200.7 314M9 3/18MS 7440-70-2 Ce by ICP 0.10 8.9 mg/L JJURGEVICH ESTAFFORD Method Reference EPA 200.7 314f09 3118109 7440-43-9 Cd by ICPMS 1.0 3.0 ug/L BSKINNER ESTAFFORD Method Reference EPA200.8 311OtD9 3118M9 7440-48-4 CobaR by 1CP 50 140 ugfL JJURGEVICH ESTAFFORD Method Reference EPA 200.7 3/4M 3118109 7440-47-3 Cr by ICPMS 10 10 ug/L BSKINNER ESTAFFORD Method Reference EPA 200-8 3f10nD9 311af09 7440-50-8 Cu by ICPMS 2.0 490 u91L BSKINNER ESTAFFORD Method Reference EPA 2003 311GM 31i8109 7439.89-6 Fe by ICP 50 55W ug1L JJURGEVICH ESTAFFORD Method Reference EPA 200.7 314109 3118109 7439-97-6 Hg 245.1 0.2 020 U ug/L PGAUTHIER ESTAFFORD Metlwd Reference EPA 245.1 2119109 3/18/09 7440-OS-7 K by ICP 0.10 1.3 M9/L JJURGEVICH ESTAFFORD Method Reference EPA 200.7 314109 31181D9 7439-93-2 Li ICP 25 25 U ug/L JJURGEVICH ESTAFFORD Method Reference EPA 200.7 314M 3118109 7439-95-4 Mg by ICP 0.10 6.0 mg1L JJURGEVICH ESTAFFORD Method Reference EPA 200.7 3/4109 3113109 7439-96-5 Mn by ICPMS 10 840 ug/L DSTANLEY ESTAFFORD Method Reference EPA 200.8 315109 3/18109 7439-98-7 Mo by ICPMS 10 10 U ug/L BSKINNER ESTAFFORD Method Reference EPA 200,8 3/10109 3/1 BM 7440-23-5 Na by ICP 0.10 9.8 mg/L JJURGEVICH ESTAFFORD Method Reference EPA 200.7 314M 3118ft19 7440-02-0 NI by ICPMS 10 140 ug/L BSKINNER ESTAFFORD Method Reference EPA 200,9 3/10109 3118109 7439-92-1 PbbyICPMS 10 10 U u91 BSKINNER ESTAFFORD Method Reference EPA 200.8 3110f09 3/18l09 7440-36-0 Sb by ICPMS 10 10 U ug1L BSKINNER ESTAFFORD Method Reference EPA 200.8 3110/09 3118/09 7782-49-2 Se by ICPMS 5.0 5.0 U ug1L BSKINNER ESTAFFORD Method Reference EPA 200.8 3/10/09 3/18109 Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 {9191 733-3908 Page 3 of 4 NC (DWQ Laboratory Section Results Sample ID AB40652 -ocation ID: NCG020157 Collect Date: 0211612009 -oc. Descr.: NCG020157 PIT Collect Time:: 11:45 Asit 1D CAS ft Anatyte Name PQL Result Qualifier Units Anatyst/Date Approved By !Dale 7440-31-5 Sn by ICPMS 10 10 U ugfL BSKINNER ESTAFFORD Method Reference EPA 200.8 3AU09 3118/09 7440-28-0 Thallium (TI) ICPMS 10 10 U ugfL BSKINNER ESTAFFORD Method Reference EPA 200-8 3nor09 3118109 7440-32-6 Tl (Tftanlum) by ICP 10 14 ugfL JJURGEVICH ESTAFFORD Method Reference EPA 200.7 315109 3118109 7440-62-2 V by ICP 25 25 U UA JJURGEVICH ESTAFFORD Method Reference EPA 200.7 3WO9 3/1 aM9 7440-66-6 Zn by ICPMS 10 260 ug1L BSKINNER ESTAFFORD Methotl Reference EPA 200.8 3110.'09 3118109 N Laboratory Section» 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 4 of 4 COUNTY - .eign91e- • RIVER BASIN REPORT TO Regional Office Other : COLLECTOR(S) : T Estimated ROD Range: Seed: Chlorinated: Station 81Location Code Date Begi (yyhn dd) �,61 o� 7 _ _ 0403 iice BOD 310 mg/L COD High 340 m COD Low 335 m Colifmm- MF Fein 31616 /loom] Coliform: MF Total 31504 /100ml Coliform: tube Fecal 31615 /100m] Cohform: Fecal SM 31673 /loom] Residue: Total 500 Volatile 505 m Fixed 510 m Residue: Suspended 530 - m Volatile 535 Fixed 540 m H 403 units Acidity to pH 45 436 m Acidity la pH 8,3 435 mg/L Alkalinity to PH 8 3 415 m Alkalinity to pH 4,5 410 -gA- TOC 680 Turbidity 76 NTU Culift,,m Total Tube /100 Tad DIVISION OF WATER QUALITY Chemistry Laboratory Report / Water Quality 0 SAMPLE TYPE MORM ,,���—yyAMBIENT L] QA STREAM r EFFLUIDNT pn 7. COMPLIANCE CHAIN OF CUSTODY LAKE INFLUENT !D EMERGENCY Vls� ESTUARY ` Station Location: / Remarks;�r�f.:0 Date End (yyffnnild Time Begin Time End Depth- DM, D% DBM Value Type - A, A, L 017 1 oa Chloride 940 mgfL Chl a EPA 445,0 modified on ug/l, Color: True 80 C.U. Color: H 83 H- c,u. Color: PH 7.6 82 c.u_ Cyanide 720 m Fluoride 951 mgfL Formaldebyde 71880 m Grease and Oils 536 mglL Hardness Total900 m Specific Cand 95 umhoslcm M13AS 38260 m Phenols 32730 u Sulfate 945 mgrL Sulfide 745 mg/L Boron Taman & Li u Hexavalent Chromium u Bicarbonate m Carbonate mgfL oad Dissolved Solids m NH3 as N 610 m TKN an N 625 - mg/l, NO2 plus NO3 as N 630 m P: Total as P 665 MEL PO4 as P 70507 m P: Dissolved as P 666 m K-Potassium m Cd- Cadmium 1027 u Cr-Chromium:Totai 1034 u Cu- c2EM 1042 u Ni-Nickel 1067 Pb- Lead 1051 Zn- Zinc 1092 u V-Vanadium u Ag- Silver 1077 Al- Aluminum 1105 u Be- B Ilium 1012 u Ca- Calcium 916 m Co- Cobalt 1037 u Fe- Iron 1045 UOL Mo-Mal bdcnum ugIL Sb-Antimony u Sn-Tin ugfL TI-Thallium U01, Ti-Titanium u H -163 d n Date Received Time Received : t, 0 Received By .` —`� Data Released Date Reported Composite-T, S, B Li -Lithium 1132 u M - Maimesium 927 mg/L Ma -Manganese 1055 ug/L Na- Sodium 929 m Arsenic:Tatal1002 u9fL Se -Selenium 1147 u Hg- Mercoy 71900 ug/L a -Barium orine Pesticides Organophosphorus Pesticides Organom"gen Pesticides Acid Herbicides Base/Nentral&Acid Extractable Orgmucs TPH Diesel Range Purgeable Organics OA bottle to 'd TPH Gasoline Range TPH/BTFX Gasoline Range Arytoplankton ,Temperature on arrival ('C : 0 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMITNO. NCG020000 TO DISCHARGE STORMWATER, MINE DEWATERING, AND PROCESS WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of stormwater, mine dewatering wastewater, and process wastewater to the surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters in accordance with the terms and conditions set forth herein. Coverage under this general permit is applicable to: • Stormwater point source discharge outfalls associated with mining and quarrying of nonmetallic minerals (except fuels), land disturbance, and vehicle ilia intenance. • Mine dewatering wastewater discharge outfalls. • Wastewater discharge outfalls from sand and/or gravel operations. • Nondischarging closed loop recycle systems. Process recycle wastewater discharge outfalls. The following activities and their associated discharges are specifically excluded from coverage under this General Permit: borrow pits covered by the DOT statewide stormwater permit, peat mining, coal mining, metal mining, oil and gas extraction operations, and combined mining/asphalt operations (where the asphalt operation is not covered by a separate permit). The General Permit shall become effective on January 19, 2005. The General Permit shall expire at midnight on December 31, 2009. Signed this day January 19, 2005. Original Signed by ,41un Klimek Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCG020000 TABLE OF CONTENTS PART 1 INTRODUCTION Section A: General Permit Coverage Section B: Permitted Activities PART 11 AUTHORIZATION TO CONSTRUCT AND OPERATE A TREATMENT FACILITY Section A: Requirements to Construct New or Expanded Treatment Facilities Section B: Requirements For Operation of a Treatment Facility PART III MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Best Management Practices (BMPs) Plan Section B: Analytical and Qualitative Monitoring Requirements for Discharges Composed Entirely of Stormwater Section C: Effluent Limitations and Monitoring Requirements for Mine Dcwatering and Process Wastewater Discharges PART IV STANDARD CONDITIONS Section A: Compliance and Liability I. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability S. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. General Permit Expiration 2. Transfers i Permit No. NCG020000 3. When an Individual Permit May be Required 4. When an Individual Permit May be Requested 5. Signatory Requirements 6. General Permit Modification, Revocation and RciSSuance, or Termination 7. Certificate of Coverage Actions Section C: Operation and Maintenance of Pollution Controls l . Proper Operation and Maintenance 2. Need to Halt or Reduce not a Defense 3. Bypassing of Wastewater or Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Non-Stormwater Discharges 6. Representative Outfall 7. Records Retention 8. 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 V LIMITATIONS REOPENER PART VI ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS 0 PART V11 DEFINITIONS I 0 • Permit No. NCG020000 PART 1 INTRODUCTION SECTION A: GENERAL PERMIT COVERAGE All persons desiring to have facilities covered by this General Permit must register with the Division of Water Quality (DWQ) by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to any discharge of stormwater associated with industrial activity, mine dewatering wastewater or process wastewater that has a point source discharge to the surface waters of the state. This General Permit covers mining and quarrying of nonmetallic minerals (except fuels) including borrow pits that would not be covered under the statewide DOT stormwatcr permit) and active or inactive mines that discharge stormwater contaminated with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located at the site of such operations and stormwater runoff from vehicle maintenance areas. This General Permit also covers discharge of wastewater from processing mined materials and mine dewatering wastewater from the groundwater and/or stormwater that accumulates in the mine pit. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 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. Facilities submitting NOls for coverage under this permit, prior to establishment or approval of a Total Maximum Daily Load (TMDL) for a priori ty.pollutant(s) for stormwater discharges (i.e. wet weather flows), may be covered under this permit during its term. For such facilities continued coverage under the reissuance of this permit is subject to the facility demonstrating that it does not have a reasonable potential to violate applicable water quality standards for such pollutants due to the stormwater discharge(s). For facilities that do have a reasonable potential for violation of applicable water quality standards due to the stormwater discharge(s) the facility shall apply for an individual permit 180 days prior to the expiration of this general permit. Once the individual permit is issued and becomes effective the facility will no longer have coverage tinder the general permit. A list of approved TMDLs for the state of North Carolina can be found at littp://ii2o.enr.state.nc.us/tmdl/Gcneral_TMDLs.htm. Part I Page I of 2 0 SECTION B: PERMITTED ACTIVITIES • Permit No. NCG020000 Untii this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater, mine dewatering and process wastewater to the surface waters of North Carolina or a separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this General Permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. The discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. Discharges allowed by this permit must meet applicable wetland standards as outlined in 15A NCAC 2B .0230 and .0231 and water quality certification requirements as outlined in 15A NCAC 2H .0500. This permit does not relieve the permitee from responsibility for compliance with any other applicable federal, state or local law, rule, standard, ordinance, order or decree. Part I Page 2 of 2 11 • Permit No. NCG020000 PART 11 AUTHORIZATION TO CONSTRUCT AND OPERATE A TREATMENT FACILITY Mining operations which involve construction and operation of treatment facilities for mine dewatering wastewater or process wastewater (such as saw water, wash water, etc.) are subject to construction and operation requirements for these facilities as outlined in Section A and Section l3 below. SECTION A: REQUIREMENTS TO CONSTRUCT NEW OR EXPANDING TREATMENT FACILITIES All new or expanding treatment facilities must receive an Authorization to Construct (A to C) from DWQ. Application for the A to C requires that plans and specifications be submitted to the Division of Water Quality, Stormwater Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617 for approval. 3. Upon approval of the plans and specifications by the Division, a set of approved plans and specifications for the subject project will be returned to the permittec. These plans must be retained by the permittee for the life of the treatment facility. 4. Upon receipt of an approved A to C, the approved treatment facilities shall be constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. The treatment facilities shall be constructed to meet the effluent limitations in Part III, Section C of this general permit. Upon completion of construction and prior to operation of a permitted facility, a certification of plans and specifications must be received from a professional engineer in accordance with G.S. 89-25 certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification of plans and specifications to the Division of Water Quality, Stormwater Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699- 1617. 6. The DWQ Regional Office shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an in place inspection can be made if the Regional Office so desires. Such notification to the regional supervisor shall be made during normal business hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Part 11 Page I of 2 f•_J • Permit No. NCG020000 Existing, new and expanding treatment facilities shall be subject to the following operational requirements. SECTION B: REQUIREMENTS FOR OPERATION OF A TREATMENT FACILITY Operation and maintenance of treatment facilities must be in accordance with the requirements in this General Permit. For the purposes of this permit no documentation other than a signed Certificate of Coverage is required to operate an existing; treatment facility. New facilities must also have an Authorization to Construct permit. 2. Diversion or bypass of untreated wastewater from a treatment facility is prohibited except under provisions of this pert -nit in Part IV, Section C.3. In the event that a facility fails to perform satisfactorily, including the creation of nuisance conditions, the permittee shall take immediate corrective action, including those actions that may be required by this Division, such as the construction of additional or replacement treatment or disposal facilities. 4. The issuance of this permit shall not relieve the permittee of the responsibility for damages to surface waters of the State resulting from the operation of a treatment facility. 5. Any discharge from a treatment system to groundwater must protect the groundwater standards specified in 15A NCAC 2L, Groundwater Classification and Standards. 6. Any groundwater quality monitoring, as deemed reasonably necessary by the Division, shall be provided. No chemical flocculants shall be used in the treatment facility without written authorization from the Division. All discharges of mine dewatering wastewater and process wastewater will be monitored in accordance with Part III, Section C of this permit. Part 11 Page 2 of 2 Permit No. NCG020000 PART III MONITORING, CONTROLS, AND LIMITATIONS FOR 0 PERMITTED DISCHARGES SECTION A: STORMWATER BEST MANAGEMENT PRACTICES (BMPS) PLAN The permittee shall implement stormwater BMPs to ensure that contaminants do not enter surface waters via stormwater that comes in contact with any unstabilized overburden, raw materials, intermediate products, finished products, byproducts or waste products located on the site covered by this permit. A BMP Plan shall be developed in accordance with the requirements of this section. The BMP Plan requirement, or portions of the plan requirement, may be met by utilizing appropriate requirements in other documented plans specific to the permitted facility. Management of Stormwater Runoff and Runon. The permittee shall maintain stormwatcr BMPs for land disturbance areas and outside process areas. In addition, controls should be used to limit or isolate selected land disturbance and process areas and limit the amount of off site stormwater runon to those areas. Appropriate Best Management Practices (BMPs) should be used to divert, infiltrate, reuse or otherwise manage stormwatcr runoff and runon in a manner that reduces pollutants in stormwater discharges leaving the site. Appropriate BMPs may include but are not limited to: vegetative swales, berms, use of reclaimed mine areas, and reuse of collected stormwater (such as for an industrial process or as an irrigation source). 3. BMP Controls Inspection and Maintenance. All stormwater BMPs shall be inspected by or under the direction of the permittee at least once every seven calendar days and within 24 hours after any storm event that results in a discharge. The BMPs implemented shall be operated and maintained so that they are cleaned out when the sediment storage capacity has been reduced by 50%. if any visible sedimentation is leaving the property, corrective action shall be taken to reduce the discharge of sediments. Visible sedimentation found offsite shall be recorded with a brief explanation as to the measures taken to prevent future releases as well as any measures taken to remove the sediment that left the site. Ali other stormwater specific controls (e.g. oil /water separators) shall be inspected and qualitatively monitored (as per Part III.B.3) on a semiannual schedule, once in the fall (September -November) and once during the spring (April -June). A log of sampling data and of activities taken to implement BMPs associated with the vehicle maintenance activities shall be maintained and incorporated into the BMP Plan and kept onsite for the duration of the permit term and made available to the Director upon request. 4. Erosion and Sedimentation Control. The permittee shall implement the management practices and the erosion and sedimentation control measures that are included in the mining permit or erosion and sedimentation control permit issued by the Division of Land Resources. Compliance with the issued permit is considered a requirement of this general permit. Any deviation from the issued permit, or amendments to the issued permit, that impacts water qualitx shall constitute a violation of the tenns and conditions of this general permit. A signed copy of the issued permit including the approved erosion and sedimentation control measures and the reclamation plan shall be maintained on the ® site at all times. Once an area is released by the Division of Band Resources in Part III Page 1 of 9 • Permit No. NCG020000 accordance with NCGS Chapter 74, Article 7, it shall no longer be subject to this general permit. 5. Preventive Maintenance Inspections and Good Housekeeping Practices. Equipment utilized during mining activity on a site must be operated and maintained in such a manner as to prevent potential or actual pollution of the surface water or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, or any other petroleum products, shall not be discharged on the ground or into surface waters. Spent fluids shall be disposed of in a manner so as not to enter the surface waters or ground waters of the state and in accordance with applicable federal disposal regulations. Any spilled fluids shall be cleaned up to the maximum extent practicable and disposed of in a manner that does not allow their entry into the surface waters or ground waters of the state. Secondary Containment. The permittce shall 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 liquids 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. SECTION B: ANALYTICAL AND QUALITATIVE MONITORING REQUIREMENTS FOR DISCHARGES COMPOSED ENTIRELY OF STORMWATER Analytical monitoring for stormwater discharges shall be performed for parameters as specified in Tables 1 through 4. All analytical monitoring shall be performed during a representative storm event as defined in Part VII. For each parameter, the arithmetic mean of all analytical sampling results collected during the term of the permit may be calculated for each individual outfall and compared to the cut-off concentrations listed in Tables 2 and 4. If the arithmetic mean is less than the specified cut-off concentration for a given parameter, the facility is not required to continue annual monitoring for that parameter (at that outfall) until the last year 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 1erinittee must perform analytical sampling during the first and last year of the permit terra regardless of cut-off concentration conditions. In situations where stormwater runoff is controlled by some type basin or retentionldctentiOil pond, the following provisions are applicable for sample collection for analytical monitoring: • Analytical monitoring for stormwater discharges from a basin or other similar control structures must be performed within the first 30 minutes of discharge. Part III Page 2 of 9 E Wi ilia ON►WO)"ZIN111I • Analytical monitoring for a basin /pond designed to contain the 10-year design storm (see Part V11, Definitions) without discharging is not required. Qualitative monitoring for color, foam, outfall staining, visible sheen and dry weather flow is the only monitoring requirement. • Analytical and qualitative monitoring arc not required for a basin/pond designed to contain the 25-ycar, 24-hour storm (see Part VII, Definitions) without discharging. A basin/ pond meeting this provision is considered a non -discharging stormwatcr control. Analytical Monitoring for Stormwater Discharges from Land Disturbance and - Process Areas. Analytical monitoring for stormwatcr discharges from land disturbance and process areas shall be performed as specified in Table I. Table 1. Analytical Monitoring Requirements for Stormwater Discharges from Land Disturbing Activities and Process Areas Discharge Characteristics Units Measurement Fre uencvl Sample Tv e2 Sample Location3 Settleable Solids mlll Annually Grab SDO Total Suspended Solids m /l Annually Grab SDO Turbidity NTU Annually Grab SDO Total Rainfal14 inches Annually-- -- Event Duration4 minutes Annually-- -- Total Flow4 MG Annually -- SDO Footnotes: I Measurement Frequency: Once per year during a representative storm event. A ycar is defined as the 12 month period beginning on the month and day of issuance of the Certilicate ol'Coverage. 2 The sample is coileetcd within the First 30 minutes of discharge from the outfall. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event, the total precipitation, storm duration, and total flow must be monitored. Total flow shall be cithcr; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount ofbuilt-upon (intpmious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals dUring the rainfall even(. Table 2. Analytical Monitoring Cut-off Concentrations for Stormwater Discharges from Land Disturbance Activities and Process Areas Discharge Characteristics Cut-off Concentration Settleable Solids 0.1 mlll Total Suspended Solids 100 m i l Turbidity Freshwater non -trout streams 50 NTU Turbidity Non -trout lakes and saltwaters) 25 NTU Turbidity (Trout waters) i 0 NTU Part III Page 3 of 9 Permit No. NCG020000 0 2. Analytical Monitoring for On -site Vehicle Maintenance. Facilities which have any on -site vehicle maintenance activity that uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 3. This monitoring shall be performed at all outfalls which discharge stormwater runoff from the vehicle maintenance areas. Table 3. Analytical Monitoring Requirements for Stormwater Discharges from On -Site Vehicle Maintenance Areas Discharge Characteristics Units Measurement Frequency Sample 1 ell Sample Location2 1-1 S.U. AnnualIX Grab SDO Oil and Grease m /l Annually Grab SDO Total Suspended Solids m r/l Annually Grab SDO Total Rainfal13 inches Annually Grab -- Event Duration3 minutes Annually Grab -- Total Flow3 MG Annually Grab SDO Footnotes: I The sample is collected within the first 30 minutes of discharge. 2 sample Location: tramples shall be collected at each stormwater discharge outfall (5130) that discharges stormwater runoff frum area(s) where vehicle maintenance activities occur. 3 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining so the uutl'all, the anwunt of built - upon (impervious) area, and the total amount of rainfall, ar (c) estimated by the measurement of flow at 20 rttinute intervals during the rainfall event. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Table 4. Cut-off Concentrations for On -Site Vehicle Maintenance Activities Discharge Characteristics Cut-off Concentration H I within range the 6.0 — 9.0 Oil and Grease 30 m rll Total Suspended Solids 100 m r/l Footnotes: I pH cannot be averaged clue to the nature of the logarithmic pl l scale. The most recent pE l sample result shall be used For cut-off concentration purposes. 3. Qualitative Monitoring for Stormwater Discharges from Land Disturbance Areas, Process Areas and Vehicle Maintenance Areas. Qualitative monitoring requires a visual inspection of all stormwater outfalls with stormwater runoff from land disturbance, process or vehicle maintenance areas regardless ® of representative outfall status or cut-off concentrations and shall be performed as specified below in Table 5. No analytical tests are required. Part III Page 4 of 9 Permit No. NGG020000 ® The first qualitative monitoring, event during; the term 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 fall (September - November) and does not need to be performed during a representative storm event. Table 5. Qualitative Monitoring Requirements Discharge Characteristics Frequency Monitoring Location I Color Semi -Annual SDO Odor Semi -Annual SDO Clarit Semi -Annual SDO Floating Solids Semi -Annual SDO Suspended Solids Semi -Annual SDO Foam Serni-Annual SDO Oil Sheen Semi -Annual SDO Deposition at or immediately below the outfall Semi -Annual SDO Crosion at or immediately below the outfall Semi -Annual SDO Other obvious indicators of stormwater pollution Semi -Annual SDO Footnotes: I Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) associated will) land disturbance areas, process areas and vehicle maintenance areas regardless of representative outran status. SECTION C: EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR MINE DEWATERING WASTEWATER AND PROCESS WASTEWATER Mine Dewatering Wastewater (including Borrow Pits) During the period beginning; on the effective date of the permit and lasting until expiration, the' permittee is authorized to discharge mine dewatering wastewater controlled in accordance with the conditions of this permit. Mine dewatering activities that have the potential to drain wetlands must have secured and implemented an Operation and Monitoring; Plan approved by the Division. Operation and Maintenance Plans shall include, but are not limited to: • Groundwater monitoring strategies to demonstrate the effect of pumping and, as necessary, establish the pumping regime necessary to reduce impacts. • Detailed plans to maintain the surrounding hydrology and the respective monitoring to demonstrate compliance. Part III Page 5 of 9 11 Permit No. NGG020000 Alternative site specific pumping and monitoring regimes may be approved by the Division on a case -by -case basis. The discharge of Mine dewatering wastewater that is directly pumped from the pit through an erosion aild sedimentation control structure prior to discharging to surface waters is not required to receive an authorization to construct in accordance with Part II, Sections A and B. Mine dewatering wastewater discharges which requires additional treatment other than erosion and sedimentation control structures are subject to the authorization to construct requirement. Analytical monitoring of mine dewatering wastewater shall be performed as specified below in Table 6. For each parameter, an effluent limitation is contained in Table 9. An exceedence of any of these limitations is a violation of the permit conditions and may be subject to enforcement action as specified in Part IV, Section A.2 of this permit. Table 6. Monitoring Requirements for Mine Dewatering Wastewater Discharge Characteristics Units Measurement Frec uencyl Sample Tv e2 Sample - Gocation3 H S.U. Quarterly Grab E Settleable Solids mill Quarterly Grab E Total Suspended Sol1ds5 m �/l Quarterly Grab E Turbidity NTU Quarterly Grab E or U,D Fecal Coliform' col/rill Quarterly Grab E Total Flow4 MG Quarterly- E footnotes: l The monitoring frequency is quarterly unless the effluent limitation in Table 9 is exceeded at which time monthly monitoring will be required for that parameter for the remaining permit terns. 2 A grab sample is not required for pH and TSS from a basin/ pond designed to contain or treat mine dewatering wastewater that results from rainfall in excess of i 0-yr, 24-hr storm (this exemption is not available for mine dewatering of clay pits). 3 Sample Location: E — Effluent, U — Upstream, D — Downstream 4 Total Mow volume shall be recorded by a continuous flow measurement instrument. Alternatively, pump curves and pump logs may be used as a means to calculate flow volume. 5 Only facilities mining Industrial Sand are required to monitor for this parameter. 6 Only facilities discharging to waters classified as SA waters are required to monitor for this parameter 2. Wastewater Associated With Sand/Gravel Mining During the period beginning on the effective date of the permit and lasting until expiration, the pertnittee is authorized to discharge wastewater from mining of sand and/or gravel operations. For the purposes of this permit, wastewater from mining of sand and/or gravel is water that that Part III Page 6 of 9 Permit No. NCG020000 ® is conveyed from the mined sand and/or gravel through an erosion and sedimentation control facility prior to discharging to surface waters. Authorization to construct and operate requirements (Part 11, Sections A and l3) are not applicable to this type of wastewater operation. Analytical monitoring of wastewater draining from mined sand and/or gravel shall be performed as specified below in Table 7. For each parameter, an effluent limitation is contained in Table 9. An exceedence of any of these limitations will result in a violation of the permit conditions and may be subject to enforcement action as specified in Part IV, Section A.2 of this permit. Table 7. Monitoring Requirements for Wastewater from Sand and/or Gravel Mining Discharge Characteristics Units Measurement Frec uenc •l Sample Type2 Sample Location3 214 s.u. Quarterly Grab E Settleable Solids trtlll Quarterly Grab E Total Suspended Solids5 m rll Quarterly Grab E Turbidity NTU Quarter/ Grab C or U,D Total Flow4 MG Quarterly - F Footnotes: 1 The monitoring frequency is quarterly unless the effluent limitation in Table 9 is exceeded at which time monthly monitoring will be required for that parameter for the remaining permit term, 0 2 A grab sample is not required for pH and TSS from a basin/ pond designed to contain or treat process wastewater that results from rainfall in excess of l0-yr, 24-ltr storm. 3 Sample location: E — Effluent, or combined (U — Upstream, D — Downstream) 4 Total How volume shall be recorded by a continuous flow measurement instrument. Alternatively, pump curves and pump logs may be used as a means to calculate flow volume. 5 Only facilities mining Industrial Sand are required to monitor for this parameter, 3. Overflow From a Closed Loop Process Recycle Wastewater System Designed to Operate With Minimum of Two Feet of Freeboard During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge overflow from the following closed loop process recycle wastewater systems designed and operated with two feet of freeboard during normal operation: a) Sand, Gravel and Stone Washing Operations b) Dimension Stone Cutting Operations c) Crusher Dust Control Operations For the purposes of this permit, overflow refers to a discharge that occurs as a result of a precipitation event that over -tops the two feet of freeboard. Closed loop is defined as limiting the water entering the system to makeup water that is added to operate the system at or below the two feet of freeboard and/or precipitation that falls directly into the system. The system would also be Part III Page 7 of 9 .7 Permit No, NCG020000 designed to exclude stormwater runoff from draining into the system. Authorization to construct and operate requirements (Part 11, Sections A and B) are not applicable to this type of process wastewater operation. No analytical monitoring is required for overflow from closed loop process recycle wastewater systems designed to operate with two feet of freeboard. 4. Overflow From Other Process Recycle Wastewater Systems During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge overflow from the following process recycle wastewater systems that arc not designed as closed loop recycle systems with two feet of freeboard: a) Sand, Gravel and Stone Washing Operations b) Dimension Stone Cutting Operations c) Air Scrubbing and Dust Control Operations Analytical monitoring of overflow from process recycle wastewater systems that are not designed as closed loop recycle systems with two feet of freeboard shall be performed as specified below in Table 8. For the purposes of this permit, overflow refers to a discharge of process wastewater as a result of a precipitation event. These systems don't meet the requirements for closed loop recycle systems and are not designed and operated with two feet of freeboard. Authorization to construct and operate requirements (Part 11, Sections A and B) are applicable to this type of process . wastewater operation. Table 8. Monitoring Requirements for Overflow From Process Recycle Wastewater Systems Discharge Characteristics Units Measurement Frequencyl Sample Tv e2 Sample Location3 H s.u. Quarterly Grab E Settleable Soiids mlll Quarterly Grab E Total Suspended Solids$ m 1 Quarterly Grab E Turbidity NTU Quarterly Grab E or U,D Total Flow4 MG Quarterly E Footnotes: l The monitoring frequency is quarterly unless the effluent limitation in Table 9 is exceeded at which time monthly monitoring will be required for that parameter for the remaining permit term. 2 A grab sample is not required for pH and TSS from a basin/ pond designed to contain or treat process wastewater that results from rainfall in excess of I0-yr, 24-hr storm. 3 Sample Location: I. — Eftlucnt, or combined (U — Upstream, D — Downstream) 4 Total Flow volume shall be recorded by a continuous flow measurement instrument. Alternatively, pump curves and pump logs may be used as a nicans to calculate flow volume. 5 Only facilities mining Industrial Sand arc required to monitor for this parameter. Part III Page 8 of 9 Permit No. NCG020000 0 Table 9. Effluent Limitations for Process Wastewater and Mine Dewatering Wastewater E Discharge Characteristics Effluent Limitations Monthly Average Daily Maximum Settleable Solids 0.1 ml/l 0.2 ml/l Total Suspended Solids (Industrial Sand Mining )2 25 rtt 7/l 45 m 1 i-1 Range[ -------- 6.0 -- 9.0 Turbidity (Freshwater non -trout streams) -------- 50 NTU Turbidity (Non -trout lakes and saltwaters) -------- 25 NTU Turbidity (Trout waters) ------- 10 NTU Footnotes: 1 The pl-1 range for saltwater is 6.9-8.5. Designated swamp waters can have a pl-I as low as 4.3 if due to natural conditions, 2 Monthly Average Limit for discharges to waters designated as HQW waters is 20 mg/1 5. BMP Conditions a) The permittee shall utilize best management practices to ensure that contaminants do not enter the surface waters as a result of blasting at the site. b) The permittee shall obtain authorization from the Director prior to utilizing any chemical flocculants. 6. Residual Management The residuals generated from treatment facilities used to meet the effluent limitations must be disposed of in accordance with applicable standards and in a manner such as to prevent any pollutants from such materials from entering waters of the state or navigable waters of the United States. Part III Page 9 of 9 Permit No. NCG020000 PART IV STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule a. The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: (1) For Discharge From Process Areas and Vehicle Maintenance Activities: (a) Existing Facilities with First Stormwatcr Permit. Develop and implement BMPs and stormwater controls as appropriate within the first 12 months of permit coverage. (b) Proposed Facilities. Develop and implement BMPs and stormwater controls, as appropriate prior to beginning mining operations. (2) For Discharges From Land Disturbance Activities: (a) Existing Facilities with First Stormwater Permit. Implement BMPs and stormwater controls as appropriate, on the effective date of permit coverage. (b) Proposed Facilities. Develop and implement BMPs and stormwater controls as appropriate prior to beginning land disturbance activity. b. The permittee shall comply with Effluent Limitations for wastewater discharges by the effective date of the permit unless otherwise specified in the permit. 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 reissuancc, 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 section 301, 302, 306, 307, 308, 31 S or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates such sections, or any permit condition or limitation is subject to criminal penalties of ® $2,500 to $25,000 per day of violation, or imprisonment for not more than I year, or Part 1V Pagel of 11 Permit No. NCG020000 both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. Any person who knowingly violates such sections, or any permit conditions or ]imitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. Any person who knowingly violates such sections, or any permit conditions or limitations, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization (as defined in section 309 of the Clean Water Act) shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $1 1,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not rnore than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be 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 $1 1,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class I1 violations are not to exceed $11,000 per day for each day during which the violation continues, with the rnaximum amount of any Class 11 penalty not to exceed $137,500. Duty to Mitigate The permittec 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 Liabili Except as provided in Section C of this part regarding bypassing of storrnwatcr control facilities, nothing in this general permit shall be construed to relieve the permittec from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143- Part IV Page 2 of 1 i Permit No. NCG020000 215.3, 143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permitter is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liability Nothing in this general permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 ct scq. or Section 31 1 of the Federal Act, 33 USC 1321. Property RiOits 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 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 permitter shall also furnish to the Director upon request, copies of records required to be kept by this general permit. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this general permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports Part IV Page 3 of I l Permit No. NCG020000 The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this general permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS 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. Trnncferc ® 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. 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; 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; Part IV Page 4 of l I Permit No. NCG020000 Ise. Effluent limitations are promulgated for the point sources covered by this general permit; A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit. g. The Director determines at his own discretion that an individual permit is required. 4. When an Individual Permit May be Requested Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All notices of intent to be covered under this general permit shall be signed as . follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of 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. 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; Part IV Page 5 of 11 Permit No. NCG020000 ® (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. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." ® 6. General Pen -nit 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 tiling of a request for a general permit modification, revocation and reissuance, or termination does not stay any general permit condition. The certificate of coverage shall expire when the general permit is terminated. 7. Certificate of Covermw 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 0 l . Proper Operation and Maintenance Part IV Page 6 of 1 Permit No. NCG020000 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. 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. Bypassing of Stormwater or Wastewater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: 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 stormwatcr 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 nornial periods of equipment downtime or preventive maintenance; and The permittee submitted notices as required under Section E of this part. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sam lin 7 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 it 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. Part IV Page 7 of 1 1 Permit No. NCG020000 0 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this general permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who perforned the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Flow Measurements ® Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et, seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this general permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Non-Stormwater Dischar yes If a monitored storm event 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. 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 Part IV Page 8 of 1 1 Permit No. NCG020000 • representative outfall status. If it is established that the stormwatcr discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 7. Records Retention Qualitative monitoring shall be documented and records maintained at the facility. 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. 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; It. Enter upon the permittee s premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this general permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this general permit; 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 I. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 calendar days after the end of the reporting period. Part IV Page 9 of 1 1 I• -I LJ Permit No. NCG020000 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 term 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: Availability of Reports Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Except for data determined to be confidential under NCGS 143-2 1 5.3(a)(2) or Section 308 of the Federal Act, 33 USC 13 18, 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 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this general permit coincides with a non- stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Changes The permittec shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the general permit or subject to notification requirements under 40 CFR Part 122.42 (a). Part IV Page 10 of 1 0 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. 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. Twenty-four Hour Reporting The permittee shall report to the DWQ central office or the appropriate DWQ 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 resume; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the general permit. (2) Any upset which exceeds any effluent limitation in the general permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the general permit to be reported within 24 hours. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 9. Other Noncompliance The permittee shall report all other instances of noncompliance not reported under the 24- hour reporting requirement 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 IV Page 1 I of 1 1 0 PART V LIMITATIONS REOPENER 11 Permit No. NCG020000 This general permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a.. Contains different conditions or is otherwise more stringent than any effluent limitation in the general permit; or b. Controls any pollutant not limited in the general permit. The general permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART VI ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 21-1 .0105(b)(4) may cause this Division to initiate action to revoke the Certificate of Coverage. PART VII 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 Nan-Stormwater Discharges This permit regulates, in part, 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. Part V, VI and V1I Page I of 7 U �ii i1 [ i � L.� ► [K�IiY��I�I�If] (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant Bushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or tire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BM Ps may take the form of a process, activity, or physical structure. Bypass A bypass is the known diversion of stormwater or wastewater from any portion of a BMP or control facility including the collection system, which is not a designed or established operating mode for the facility. Bulk Stormx of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies the general permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. S. 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 DWO The Division of Water Quality, Dcpartment of Environment, and Natural Resources. 10. Director The Director of the Division of Water Quality, the permit issuing authority. l l . EMC The North Carolina Environmentai Management Commission, Part V, VI and V1I Page 2 of 7 Permit No. NCG020000 0 12. Grab Sample An individual sample 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 tinder 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, it 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 a local government such as it 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 Stornwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 20. Representative Storm Event A storm event that measures greater than 0. l 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 Part V, VI and VII Page 3 of 7 0 Permit No. NCG020000 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 Dutfall 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 pertnittee 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 waseawatcrs 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. Meets 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 I11 (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the CWA at 40 CFR 1 16.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part V, VI and VII Page 4 of 7 Permit No. NCG020000 0 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 3 t 1 of the Clean Water Act (Ref: 40 CFR 1 10.10 and CFR 1 17.21) 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 Desivn Storm The precipitation event of a duration which will produce the maximum peak rate of runoff for the watershed of interest resulting from a rainfall event of an intensity expected to be equaled or exceeded, on the average, once in ten years. Part V, VI and VII Page 5 of 7 Permit No. NCG020000 0 32. Total Flow The flow corresponding to the time period over which the sample collection 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. Effect of an Upset An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permitted facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required'in Part IV, I:. 8 of this general permit. (4) The permittee complied with any remedial measures required under Part II, A. 2. of this general permit. Burden of Proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Part V, VI and VII Page 6 of 7 0 35, Vehicle Maintenance Activity • E Permit No. NCG020000 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 V, VI and VII Page 7 of 0. 0 0 PROCESS/i IINE DEWATERING WASTEWATER DISCHARGE MONITORING REPORT (DMR) Please Mail Original And One Copy To Mailing Address Below GENERAL PERMIT NO. NCG020000 Parl A: Facility Information Samples Collected In Quarter: 1 O 2Q 3Q 4Q (all samples shall be reported within 30 dai's f01101kriog monitoring period) WWI, any Certificate Of Coverage No. NCG02 County of Facility Facility Name Name of Laboratory Facility Contact Lab Certification # Facility Contact Phone No. Part B: Process lVastewater and Aline Dewalering Wastewater Monitoring Requirements Outfall Number Receiving Stream Narne Date Sample Collected 50050 00400 00530 00076 00545 Daily Floryt pH Total Suspended Solids Turbidity Settleable Solids mo/dd/yr MGD unit MGM NTUs ml/l 1 Measured continuously using a flow measuring device or estimated using manufacturer's pump curves and pump logs. Part C: Certification "1 certify, under penalty of lacy, that this document and all attachments were prepared under- my direction or supervision in accordance with a system designed to assure that qualified personnel propedy gather and evaluate the information submitted. Based on my inquiry of the person or persons vi-ho manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing .violations." (Signature of Permi(tee) (Date) Part D: A4ailing Address Attn: Central Files, DENR, N.C. Division of 'Water Quality, 16171lail Service Center, Raleigh, NC 27699-1617 SWU-244-012005 0 ® 0 STORIN'INVATER DISCHARGE MONITORING REPORT (DMR) Part A: Facility Information Samples Collected In Calendar Year: Certificate Of Coverage No. Facility Name Facility Contact Facility Contact Phone No. Please Mail Original And One Copy To Mailing Address Below GENERAL PERMIT NO. NCG020000 (all samples shall be reported within 30 days following monitoring period) NCG02 County of Facility Name of Laboratory Lab Certification # Part R: Land Disturbance and Process Area Monitoring Requirements Outfall No Receiving Stream Name Date 50050 00530 00076 00545 Sample Collecte d ' i'otal Flow 'Total Suspended Solids Turbidity Settleable Solids mo/ddlyr 1 NIG RI II NTUs mlll Part D: Storm Event Characteristics Total Event Precipitation (inches): Event Duration (hours): Part E: Certification Part C: Vehicle Maintenance Monitorine Requirements Outfall No Receiving Stream Name Date 50050 00556 00530 00400 Sample Collecte d Total Flow Oil and Crease Total Suspende d Solids pH molddhyr 1 i17G m ll I m tl unit Total Event Precipitation (inches): Event Duration (hours): (if a separate storm event is sampled) "I certify, under penalty of lacy, that this document and all attachments were prepared under my direction or super%ision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly, responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." (Signature of Permittee) Pail F: Mailing Address Atin: Central Files, DENR, N.C. Mvision of Water Quality, 1617 Mail Service Center, Raleigh, NC 27699-1617 (Date) SWU-243-012005 �'i _ 5 • , / 1 c Lr... - - _ .� -_ •y.-._+_—� t .ASS-_1-:_�— -s n O ^V r N o CD o) 0 o o F--+ 0 m m 1 C � � •` i W r 3 r v o p p N Cn CL rr x 0 O r: 3 -- ^� ( � O F. = � = 0 = 0 3 M�D n CD (Q (D c cQ (DCDCD -0 .� (D "0 Cp (D p cQ 0 O tD CD 0 a 0 o -rt o � <' CD c(D m Cr � r CD � �, w r (D r. 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