NCG090013_COMPLETE FILE - HISTORICAL_20020823

STORMWATER- DIVISION CODING SHEET
RESCISSIONS .
PERMIT NO..
l "�
DOC TYPE
COMPLETE FILE - HISTORICAL
DATE OF
.RESCISSION
❑
YYYYMMDD

CARL F FETTERMAN
BASF CORPORATION-MORGANTON
1110 CARBON CITY ROAD
MORGANTON, NC 28655
Dear Permittee:
Michael F. Easley, Governor
.l William G. Ross Jr., Secretary
North Carolina Department catronment and Natural Resources
i,. Alan W. Klimek, P.E., Director
Division of Water Quality
August 23, 2002
WIG 2 9 'V?
Subject: NPDES Stormwater Permit Renewal
BASF CORPORATION-MORGANTON
COC Number NCG090013
Burke County
In response to your renewal application for continued coverage under general permit NCG090000, the Division of
Water Quality (DWQ) is forwarding herewith the reissued stormwaler 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 December 6, 1983.
The following information is included with your permit package:
* A new Certificate of Coverage
* A copy of General Stormwater Permit NCG090000
* A copy of the Analytical Monitoring Form (DMR)
* A copy of a Technical Bulletin for the general permit
Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require
modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal
requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility
for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
If you have any questions regarding this permit package please contact Aisha Lau of the Central Office Stormwater
and General Permits Unit at [phone], ext. 578
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Stormwater & General Permits Unit Files
Asheville Regional Office
e*n
NCDENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1- 800-623-7748

State, of North Carolina
°Department of Environment,
Health and Natural Resources
Division of Environmental Management
Ir James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Carl F. Fetterman
BASF Corp -Morganton
P.O. Box Drawer 1297
Morganton, NC 28655
Dear Mr. Fetterman:
October 8, 119/993 1 ( L
C�ne2�-1 �erntiii-s - Jfa/Cmoru,'c✓£%Z
B02ke (2c,
Subject: General Permit No. NCGO90000
BASF Corporation
COC NCGO90013
Burke County
In accordance with your application for discharge permit received on October 2, 1992, we are
forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES general
permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the
Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated
December 6, 1983.
If any parts, measurement frequencies or sampling .requirements contained in this permit are
unacceptable to you, you have the right to request an individual permit by submitting an individual permit
application. Unless such demand is made, this certificate of coverage shall be final and binding.
Please take notice that this certificate of coverage is not transferable except after notice to the Division
of Environmental Management. The Division of Environmental Management may require modification or
revocation and reissuance of the certificate of coverage.
This permit does not affect the legal requirements to obtain other permits which may be required by the
Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area
Management Act or any other Federal or Local governmental permit that may be required.
If you have any questions concerning this permit, please contact Mr. Bill Mills at telephone number 919/733-
5083.
Sincerely
i? Ti,; Signed sy
Ccle'011 H. Sullins
A. Preston Howard, Jr., P. E. a
cc: Asheville Regional Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
OCT 1 31993 '' 1
I
r SEC) ION
Telephone [phone] X�Q99_7339919Yd,"'--:OFFICE
50% recycled/ 10% post -consumer paper

U
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
STORMWATER DISCHARGES
In compliance with the provision of North Carolina General Statute 143-215.1. other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
BASF Corporation
is hereby authorized to discharge stormwater from a facility located at
BASF Corporation
1110 Carbon City Road
Morganton
Burke County
to receiving waters designated as an unnamed tributary to Little Silver Creek in the Broad River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III
and IV of General Permit No. NCGO90000 as attached.
This Certificate of Coverage shall become effective October 8, 1993.
This Certificate of Coverage shall remain in effect for the duration of the General Permit
Signed this day October 8, 1993.
S fined BY
p{, wins
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By Authority of the Environmental Management Commission

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i - 4
Perm o. NCG090000
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT,
HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
GENERAL PERMIT
(PAINTS, VARNISHES, LACQUERS, ENAMELS, AND ALLIED
PRODUCTS)
TO DISCHARGE STORMWATER UNDER THE
In compliance with the provision of North Carolina General Statute 143-215.1,
other lawful standards and regulations promulgated and adopted by North
Carolina Environmental Management Commission and the Federal Water Pollution
Control Act as amended,
All owners or operators of stormwater point source discharges associated with
activities classified as Paints, Varnishes, Lacquers, Enamels, and Allied
Products [Standard Industrial Classification Code (SIC) 2853 are hereby
authorized to discharge stormwater to the surface waters of North Carolina or
separate storm sewer systems conveying stormwater to surface waters. This
General Permit is applicable to stormwater discharges from those areas at the
facilities described above where materials or material handling equipment are
exposed to stormwater. Also included in this General Permit are stormwater
discharges from those areas at the facilities described above which are used
for vehicle maintenance activities.
The General Permit shall become effective on September 1, 1992.
The General Permit shall expire at midnight on August 31, 1997.
Signed this day July 31, 1992.
A. Preston Howard, .E., Acting Director
Division of Environmental Management
By the Authority of the Environmental Management Commission

• Permit No. NCG090000
PERMITTED ACTIVITIES
Until this permit expires or is modified or rescinded, permittees are
authorized to discharge stormwater which has been adequately treated and
managed in accordance with the terms and conditions of this General Permit to
the surface waters of North Carolina or to a separate storm sewer system. All
discharges shall be in accordance with the attached schedules as follows:
Section A - Final Limitations and Controls for Stormwater Discharges
Section B - Minimum Monitoring and Reporting Requirements
Section - Schedule of Compliance
Standard Conditions for General Permits
Any other point source discharge to surface waters of the state is prohibited
unless covered by another permit, authorization or approval.
This permit does not relieve the permittee from responsibility for compliance
with any other applicable federal, state, or local law, rule, standard,
ordinance, order, judgement, or decree.
General Permit Coverage
All persons desiring to be covered by this General Permit must register with
the DEM by the filing of a Notice of Intent (NOI) and applicable fees. The NOI
shall be submitted and a certificate of coverage issued prior to any new
discharge of stormwater associated with the industrial activity that has a
point source discharge to the surface waters of the state or any existing
discharge which will continue beyond October 1, 1992.
Any owner or operator not wishing to be covered or limited by this General
Permit may make application for an individual NPDES permit in accordance with
NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the
request. Any application for an individual permit should be made at least 180
days prior to the time the permit is needed or prior to October 1, 1992 for
any existing discharge.
This General Permit does not cover activities or discharges covered by an
individual NPDES permit until the individual permit has expired or has been
rescinded. Any person conducting an activity covered by an individual permit
but which could be covered by this General Permit may request that the
individual permit be rescinded and coverage under this General Permit be
provided.

FJ
Permit*. NCG090000
PART I
During the period beginning on the effective date of the permit and lasting
until expiration, the Permittee is authorized to discharge stormwater
associated with industrial activity. Such discharges shall be controlled,
limited and monitored as specified below:
1. The Permittee shall develop a Stormwater Pollution Prevention Plan, herein
after referred to as the Plan. The Plan shall include, at a minimum, the
following items:
a. Site Plan. The site plan shall provide a description of the physical
facility and the potential pollutant sources which may be expected to
contribute to contamination of stormwater discharges. The site plan
shall contain the following:
(1) A general location map (USGS quadrangle map or appropriately
drafted equivalent map), showing the facility's location in
relation to transportation routes and surface waters, the name of
the receiving waters) to which the stormwater outfall(s)
discharges, or if the discharge is to a municipal separate storm
sewer system, the name of the municipality and the ultimate
receiving waters; and accurate latitude and longitude of the
point(s) of discharge.
(2) A narrative description of storage practices, loading and
unloading activities, outdoor process areas, dust or particulate
generating or control processes, and waste disposal practices.
(3) A site map drawn to scale with the distance legend indicating
location of industrial activities (including storage of materials,
disposal areas, process areas and loading and unloading areas),
drainage structures, drainage areas for each outfall and
activities occurring in the drainage area, building locations and
impervious surfaces, and the percentage of each drainage area that
is impervious. For each outfall, a narrative description of the
potential pollutants which could be expected to be present in the
stormwater discharge.
(4) A list of significant spills or leaks of pollutants that have
occurred at the facility during the 3 previous years and any
corrective actions taken to mitigate spill impacts.
(5) Certification that the stormwater outfalls have been evaluated for
the presence of non-stormwater discharges. The certification
statement will be signed in accordance with the requirements found
in Part II, Standard Conditions, Section B #13.
Page 1 of 28 Pages

e• Permit No. NCG090000
b. Stormwater Management Plan. The stormwater management plan shall
contain a narrative description of the materials management practices
employed which control or minimize the exposure of significant materials
to stormwater, including structural and nonstructural measures. The
stormwater management plan, at aminimum, shall incorporate the
following:
(1) A study addressing the technical and economic feasibility of
changing the methods of operations and/or storage practices to
eliminate or reduce exposure of materials and processes to
stormwater. Wherever practicable the permittee shall cover all
storage areas, material handling operations, manufacturing or
fueling operations to prevent materials exposure to stormwater.
In areas where elimination of exposure is not practicable, the
stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential
contamination.
(2) A schedule to provide secondary containment for bulk storage of
liquid materials, storage of Section 313 of Title III of the
Superfund Amendments and Reauthorization Act (SARA) water priority
chemicals, or storage of hazardous materials to prevent leaks and
spills from contaminating 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.
Records documenting the individual making the observation, the
description of the accumulated stormwater and the date and time of
the release shall be kept for a period of five years.
(3) A narrative description shall be provided of Best Management
Practices (BMPs) to be considered such as, but not limited to, oil
and grease separation, debris control, vegetative filter strips,
infiltration and stormwater detention or retention, where
necessary. The need for structural BMPs shall be based on the
assessment of potential of sources to contribute significant
quantities of pollutants to'stormwater discharges and data
collected through monitoring of stormwater discharges.
(4) Inspection schedules of stormwater conveyances and controls and
measures to be taken to limit or prevent erosion associated with
the stormwater systems.
C. spill Prevention and Response Plan. The Spill Prevention and Response
Plan shall incorporate a risk assessment of potential pollutant sources
based on a materials inventory of the facility. Facility personnel (or
team) responsible for implementing the plan shall be identified in the
plan. A responsible person shall be on -site at all times during
facility operations that have the potential to contaminate stormwater
Page 2 of 26 Pages

FJ
Perm*o. NCG090000
runoff through spills or exposure of materials associated with the
facility operations.
d. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance program shall be developed. The program shall document
schedules of inspections and maintenance activities of stormwater
control systems, plant equipment and systems. Inspection of material
handling areas and regular cleaning schedules of these areas shall be
incorporated into the program.
e. Training schedules shall be developed and training provided at a minimum
on an annual basis on proper spill response and cleanup procedures and
preventative maintenance activities for all personnel involved in any of
the facility's operations that have the potential to contaminate
stormwater runoff. Facility personnel (or team) responsible for
implementing the training shall be identified in the plan.
The Stormwater Pollution Prevention Plan shall identify a specific position(s)
responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall
be documented and position(s) assignments provided. The permittee shall amend
the Plan whenever there is a change in design, construction, operation, or
maintenance which has a significant effect on the potential for the discharge
of pollutants to surface waters. This Plan shall be considered public
information in accordance with Part II,Standard Conditions, Section E.B. of
this general permit.
Page 3 of 2B Pages

® • Permit No. NCG090000
PART I
Section B• M NTMUM MONITORING AND REPORTING_ RROIIRRMENTS
(unless otherwise approved in writing by .the Director of the Division of
Environmental Management)
1. The Stormwater Pollution Prevention Plan shall be reviewed and updated
on an annual basis. Implementation of the plan shall include
documentation of all sampling, measurements, inspections and maintenance
activities and training provided to employees, including the log of the
sampling data and of activities taken to implement BMPs associated with
the industrial activities, including vehicle maintenance activities.
Such documentation shall be kept on -site for a period of five years and
made available to the Director or his authorized representative
immediately upon request.
2. The Director may notify the permittee when the Plan does not meet one or
more of the minimum requirements of the permit. Within 30 days of such
notice, the permittee shall submit a time schedule to the Director for
modifying the Plan to meet minimum requirements. The permittee shall
provide certification in writing (in accordance with Part II, Standard
Conditions, Section B, 412) to the Director that the changes have been
made.
3. Inspections of the facility and all stormwater systems shall occur at a
minimum on a semiannual schedule, once in the fall (September -November)
and once during spring (April - June). The inspection and any
subsequent maintenance activities performed shall be documented,
recording date and time of inspection, individual(s) making the
inspection and a narrative description of the facility's stormwater
control systems, plant equipment and systems. Records of these
inspections shall be incorporated into the Stormwater Pollution
Prevention Plan.
4. Sample collection and visual monitoring for color, foam, outfall
staining, visible sheens and dry weather flow, shall be performed at all
stormwater discharge outfall locations. If a facility has multiple
discharge locations that are required to be sampled, the permittee may
petition the Director to sample at a reduced number of outfalls if it is
established that the stormwater discharges are substantially identical.
Visual observations shall be recorded for all outfall locations.
5. For purposes of the stormwater sampling required in this permit, all
samples shall be collected from a discharge resulting from a
representative storm event (See Part II, Standard Conditions, Section
A). Failure to monitor storm events in accordance with the specified
frequency shall constitute a violation of this permit. If the
stormwater runoff is controlled by a detention pond, the following
sampling requirements shall apply:
a. If the detention pond detains the runoff generated by one inch of
rainfall for 24 hours, a grab sample of the discharge from the pond
shall be collected within the first 30 minutes of the discharge.
Page 4 of 28 Pages

•
Perm *o. NCG090000
b. If the detention pond discharges only in response to a storm event
exceeding a ten year design storm (See Part II, Standard Conditions,
Section A), visual observations for color, foam, outfall staining,
visible sheens, and dry weather flow are required, but analytical
sampling shall not be required.
C. If the detention pond discharges only in response to a storm event
exceeding a 25-year, 29-hour storm (See Part II, Standard Conditions,
Section A), the pond shall be considered a non -discharging stormwater
control system and not subject to NPDES requirements, unless the
discharge causes a violation of water quality standards.
6. Samples analyzed in accordance with the terms of this permit shall be
submitted on forms provided by the Director no later than January 31 for
the previous year in which sampling was required to be performed.
Page 5 of 28 Pages

7. Specific Monitoring Requirements
a. Stormwater from Paints, Varnishes, Lacquers, Enamels, and Allied Products Manufacture.
Stormwater Discharge Units Monitoring Recruirpmn s
rharantpristics Measurement Sample Sample
Fre +gLencyl Type2 Location3
Total Flow4
MG
1/year
SDO
pH
Standard
1/year
Grab
SDO
Biochemical Oxygen Demand (BOD)
mg/1
1/year
Composite
SDO
Chemical Oxygen Demand (COD)
mg/1
1/year
Composite
SDO
Cadmium, Total
ug/l
1/year
Composite
SOO
v
Chromium, Total
ug/l
1/year
Composite
SOO
+n
Copper, Total
ug/l
1/year
Composite
SOO
m
Lead, Total
ug/1
1/year
Composite
SDO
m
Mercury, Total
ug/1
1/year
Composite
SDO
°,
Nickel, Total
ug/l
1/year
Composite
SOO
ro
Zinc, Total
ug/1
1/year
Composite
SOO
00
Benzene
ug/l
1/year
Grab
SOO
m
Carbon Tetrachloride
ug/l
1/year
Grab
SDO
m
1,1,1 Trichloroethane
ug/l
1/year
Grab
SOO
N
1-1 Dichloroethylene
ug/l
1/year
Grab
SOO
Ethylbenzene
ug/l
1/year
Grab
SDO
Methylene Chloride
ug/l
1/year
Grab
SDO
Naphthalene
ug/l
1/year
Grab
SOO
Pentachlorophenol
ug/1
1/year
Grab
SOO
Bis(2-ethylhexyl) phthalate
ug/l
1/year
Grab
SDO
Di-N-butyl phthalate
ug/l
1/year
Grab
SOO
Tetrachloroethylene
ug/l
1/year
Grab
SDO
Toluene
ug/l
1/year
Grab
SOO
Trichloroethylene
ug/1
1/year
Grab
SDO
2
n
GD
O
O
O
O
O
O
•

O
n
m
V
O
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1 Measurement Frequency - 1/year - shall mean stormwater runoff associated with the industrial activity on -site shall
be sampled once within six months of certificate of coverage issuance and, where possible, prior to implementing new
BMPs and development of the BMP Plan at existing operations. Thereafter, the remaining four samplings shall be
conducted during the five year permit term at intervals of greater than nine months apart and shall be collected
during the months of April through November.
2 Composite samples shall be time -weighted composites (See Part II, Standard Conditions, Section A).
3 Sample Locations: SDO - Stormwater Discharge Outfall
4 Total flow shall be measured continuously or calculated based on the amount of area draining to the outfall, the
amount of built -upon area, and the total amount of rainfall or estimated by the measurement of flow at 20 minute
intervals during the rainfall event. Total precipitation and duration of the event measured shall be a
representative storm event.
Storm Event Characteristic Units Monitoring Reouirements
Total Event Precipitation
Event Duration
inches
hours
1/year
1/year
11
Z
O
2
n
0
o
co
0
0
0
0

b. Stormwater discharges from any vehicle maintenance activity occurring on -site which uses more than 55 gallons
of new motor oil per month when averaged over the calendar year shall be monitored by the permittee as specified
below:
Stormwater Discharge
Units
Monitoring
Reguirements
Characteristics
Measurement
Sample
Sample
Fregy,PnCv1
Tvoe
Location2
Total Flow3
MG
3/term
SDO
Oil and Grease
mg/1
3/term
Grab
SDO
Lead, Total Recoverable4
ug/1
3/term
Grab
SDO
Detergents (MBAS)5
mg/l
3/term
Grab
SDO
pH
- Standard
3/term
Grab -
SDO
New motor oil usage
gallons/month
3/term
Estimate
1 Measurement Frequency - 3/term - shall mean stormwater runoff associated with vehicle maintenance activity on -
site. Existing facilities shall be sampled once within six months of certificate of coverage issuance and, where
w
� possible, prior to implementing BMPs and development of the BMP Plan at existing operations. Thereafter, sampling
shall be conducted two times during the remaining permit term at intervals of greater than eighteen months apart
m
o and collected during the months of April through November.
ro
m 2 Sample Locations: SDO - Stormwater Discharge outfall
ro
0 3 Total flow shall be measured continuously or calculated based on the amount of area draining to the outfall, the
LQ
m amount of built -upon area, and the total amount of rainfall or estimated by the measurement of the flow at 20
minute intervals during the rainfall event. Total precipitation and duration of the event measured shall be a
representative storm event.
4 Applies only for facilities at which fueling occurs.
U
SDetergent monitoring is required only at facilities which conduct vehicle cleaning operations. �u
m
n
Storm Event units Monitoring Reauirpments 5
rt
z
Total Event Precipitation inches 3/term o
Event Duration hours 3/term
z
n
0
0
0
0
c.
0

•
Perm
ipo. NCG090000
C. This permit regulates stormwater discharges. Non-stormwater discharges
which shall be allowed in the stormwater conveyance system are:
(1) All other discharges that are authorized by a non-stormwater NPDES
permit.
(2) Uncontaminated groundwater, foundation drains, air -conditioner
condensate without added chemicals, springs, discharges of
uncontaminated potable water, waterline and fire hydrant
flushings, water from footing drains, flows from riparian habitats
and wetlands.
(3) Discharges resulting from fire -fighting.
If the storm event monitored and reported in accordance with this
general permit coincides with a non-stormwater discharge, the permittee
shall separately monitor and report all parameters as required under the
non-stormwater discharge permit and provide this information with the
stormwater discharge monitoring report.
Page 9 of 28 Pages

e• Permit No. NCG090000
PART I
1. The permittee shall comply with Final Limitations and Controls specified
for stormwater discharges in accordance with the following schedule:
Existing Facilities: The Stormwater Pollution Prevention Plan shall be
developed and implemented within 12 months of the effective date of the
certificate of coverage issued pursuant to this general permit and
updated thereafter on an annual basis. Secondary containment, as
specified in Part 1, Section A, 1. b. 2. of this permit, shall be
accomplished within 12 months of the effective date of the certificate
of coverage.
New Facilities: The Stormwater Pollution Prevention Plan shall be
developed and implemented prior to the beginning of discharges from the
operation of the industrial activity and be updated thereafter on an
annual basis. Secondary containment, as specified in Part I, Section A,
1. b. 2. of this permit shall be accomplished prior to the beginning of
discharges from the operation of the industrial activity.
2. Permittee shall at all times provide the operation and maintenance
necessary to operate the permitted stormwater controls at optimum
efficiency.
Page 10 of 28 Pages

•
0 ermit No. NCG090000
PART II
STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS
The Federal Water Pollution Control Act, also known as the Clean Water
Act, as amended, 33 USC 1251, et. seq.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to prevent or reduce the
pollution of waters of the United States. BMPs also include treatment
requirements, operation procedures, and practices to control plant site
runoff, spillage or leaks, sludge or waste disposal, or drainage from
raw material storage.
3, r>1 „lat on of Means
a. Arithmetic Mean: The arithmetic mean of any set of values is the
summation of the individual values divided by the number of individual
values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root
of the product of the individual values where N is equal to the number
of individual values. The geometric mean is equivalent to the antilog
of the arithmetic mean of the logarithms of the individual values. For
purposes of calculating the geometric mean, values of zero (0) shall be
considered to be one (1).
C. Weighted by Flow Value: Weighted by flow value means the summation of
each concentration times its respective flow divided by the summation of
the respective flows.
4, a lk Storage of Lich 'd 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 having a total storage capacity of greater than 1,320
gallons.
The period from midnight of one day until midnight of the next day.
However, for purposes of this permit, any consecutive 24-hour period
that reasonably represents the calendar day may be used for sampling.
Page 11 of 28 Pages

E
• Permit No. NCG090000
The rainfall runoff from or through any coal storage pile.
The Division of Environmental Management, Department of Environment,
Health and Natural Resources.
8. ni rprt, or
The Director of the Division of Environmental Management, the permit
issuing authority.
9. ' EMC
The North Carolina Environmental Management Commission.
Any substance designated under 40 CFR Part 116 pursuant to Section 311
of the Clean Water Act.
11 . r.andf; t t
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.
I V • 11 V I • �11 11
All municipal separate storm sewers that are either:
a. Located in an incorporated place with a population of 100,000 or more as
determined by the Decennial Census by the Bureau of Census; or
b. Located in the counties with unincorporated urbanized populations of
100,000 or more, except municipal separate storm sewers that are located
in the incorporated places, townships or towns within such counties; or
C. Owned or operated by a municipality other than those described in
paragraph (a) or (b) and that are designated by the Director as part of
the large or medium separate storm sewer system.
Any material of any nature, consolidated or unconsolidated, that
overlies a mineral deposit, excluding topsoil or similar naturally -
occurring surface materials that are not disturbed by mining operations.
Page 12 of 28 Pages

Wrmit No. NCG090000
14.kelmittee
The owner or operator issued a certificate of coverage pursuant to this
general permit.
Any discernible, confined and discrete conveyance, including but
specifically not limited to, any pipe, ditch, channel, tunnel, conduit,
well, discrete fissure, container, rolling stock, or concentrated animal
feeding operation from which pollutants are or may be discharged to
waters of the state.
A storm event that is between 0.2 and 0.8 inches of rainfall and which
has a duration of greater than 3 hours and that is preceded by at least
72 hours in which no storm event measuring greater than 0.1 inches has
occurred.
Wilowzy ..
The fraction of total rainfall that is not infiltrated into or otherwise
retained by the soil, concrete, asphalt or other surface upon which it
falls that will appear at the conveyance as runoff.
Containment for the contents of the single largest tank within the
containment structure plus sufficient freeboard to allow for the 25-
year, 24-hour storm event.
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the
Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled
the Emergency Planning and Community Right -to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA
title III, Section 313 reporting requirements; and
C. That meet at least one of the following criteria:
(1) Is listed in appendix D of 40 CFR part 122 on either Table II (organic
priority pollutants), Table III (certain metals, cyanides, and phenols)
or Table IV (certain toxic pollutants and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of
the CWA at 40 CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water
quality criteria.
Page 13 of 28 Pages

Lam]
• Permit No. NCG090000
048=4 ., -. �-
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.
Includes, but is not limited to: releases of oil or hazardous substances
in excess of reportable quantities under section 311 of the Clean Water
Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref:
40 CFR 302.4).
The flow of water which results from precipitation and which occurs
immediately following rainfall or as a result of snowmelt.
The discharge from any point source which is used for collecting and
conveying stormwater and which is directly related to manufacturing,
processing or raw material storage areas at an industrial site. The
term does not include discharges from facilities or activities excluded
from the NPDES program. For the categories of industries identified in
(a) through (j) of this definition the term includes, but is not limited
to, stormwater discharges from industrial plant yards; immediate access
roads and rail lines used or traveled by carriers of raw materials,
manufactured products, waste material, or by-products used or created by
the facility; material handling sites; refuse sites; sites used for the
application or disposal of process wastewaters; sites used for the
storage and maintenance of material handling equipment; sites used for
residual treatment, storage, or disposal; shipping and receiving areas;
manufacturing buildings; storage areas (including tank farms) for raw
materials, and intermediate and finished products; and areas where
industrial activity has taken place in the past and significant
materials remain and are exposed to stormwater. For the categories of
industries identified in (k), the term includes only stormwater
discharges from all areas listed in the previous sentence (except access
roads) where material handling equipment or activities, raw material,
intermediate products, final products, waste material, by-products, or
industrial machinery are exposed to stormwater. Material handling
activities include the: storage, loading and unloading, transportation,
or conveyance of any raw material, intermediate product, finished
product, by-product or waste product. The term excludes areas located
on plant lands separated from the plant's industrial activities, such as
office buildings and accompanying parking lots as long as the drainage
from the excluded areas is not mixed with stormwater drained from the
above described areas. Industrial facilities (including industrial
Page 14 of 28 Pages

• Wrmit No. NCG090000
facilities that are Federally or municipally owned or operated that meet
the description of the facilities listed in (a)-(k)) include those
facilities designated under 40 CFR 122.26(a)(1)(v).
The following categories of facilities are considered to be engaging in
"industrial activity":
a. Facilities subject to stormwater effluent limitations guidelines, new
source performance standards, or toxic pollutant effluent standards
under 40 CFR Subchapter N Parts 400 - 471 (except facilities which are
exempted under (k) of this definition);
b. Facilities classified as Standard Industrial Classifications 24 (except
2434), 26 (except 265 and 267), 28, 29, 30, 311, 32, 33, 3441, 373;
C. Facilities classified as Standard Industrial Classifications 10 through
14 (mineral industry) including active or inactive mining operations
(except for areas of coal mining operations meeting the definition of a
reclamation area under 40 CFR 434.11(1)) and oil and gas exploration,
production, processing, or treatment operations, or transmission
facilities that discharge stormwater contaminated by contact with or
that has come in contact with, any overburden, raw material,
intermediate products, finished products, byproducts or waste products
located on the site of such operations; inactive mining operations are
mining sites that are not being actively mined, but which have an
identifiable owner/operator;
d. Hazardous waste treatment, storage, or disposal facilities, including
those that are operating under interim status or a permit under Subtitle
C of RCRA;
e. Landfills, land application sites, and open dumps that receive or have
received any industrial wastes (waste that is received from any of the
facilities described under this definition) including those that are
subject to regulation under Subtitle D of RCRA;
f. Facilities involved in the recycling of materials, including metal
scrapyards, battery reclaimers, salvage yards and automobile junkyards,
including but limited to those classified as Standard Industrial
Classification 5015 and 5093;
g. Steam electric power generating facilities, including coal handling
sites;
h. Transportation facilities classified as Standard Industrial
Classifications 40, 41, 42, 44, and 45 which have vehicle maintenance
shops, equipment cleaning operations, or airport deicing operations.
Only those portions of the facility that are either involved in vehicle
maintenance (including vehicle rehabilitation, mechanical repairs,
painting, fueling and lubrication), equipment cleaning operations,
airport deicing operations, or which are otherwise identified under (a)-
(g) or (i)-(k) of this definition are associated with industrial
activity;
Page 15 of 28 Pages

© • Permit No. NCG090000
i. Treatment works treating domestic sewage or any other sewage sludge or
wastewater treatment device or system, used in the storage treatment,
recycling, and reclamation of municipal or domestic sewage, including
lands dedicated to the disposal of sewage sludge that are located within
the confines of the facility, with a design flow of 1.0 mgd or more, or
required to have an approved pretreatment program under 40 CFR part 403.
Not included are farm lands, domestic gardens or lands used for sludge
management where sludge is beneficially reused and which are not
physically located in the confines of the facility, or areas that are in
compliance with section 405 of the CWA;
j. Construction activity including clearing, grading and excavation
activities except: operations that result in the disturbance of less
that five acres of total land area which are not part of a larger common
plan of development or sale;
k. Facilities under Standard Industrial Classifications 20, 21, 22, 23,
2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except
3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not
otherwise included within (a)-(j) of this definition).
The precipitation event of a duration which will produce the maximum
peak rate of runoff for the watershed of interest resulting from a
rainfall event of an intensity expected to be equalled or exceeded, on
the average, once in ten years.
25. To al Flow
The flow corresponding to the time period over which the sample
collection occurs. The total flow calculated based on the size of the
area draining to the outfall, the amount of the built -upon surfaces
within the drainage area, and the total amount of rainfall occurring
during the sampling period.
RMNOMFUT-IrM- ..
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water
Act.
a. Grab samples are individual samples collected instantaneously.
b. Composite Sample: a composite sample shall mean:
(1) A flow -weighted composite sample, which is a mixture of aliquots
collected at a constant time interval, where the volume of each aliquot
is proportional to the flow rate of the discharge at the time the sample
is collected; or
(2) A time -weighted composite sample, which is a mixture of equal volume
aliquots collected at a constant interval of time.
Page 16 of 28 Pages

•
0 rmit No. NCG090000
A composite sample can be obtained from the collection of a series of
grab samples, taken at intervals of no greater than 20 minutes for the
entire storm event or the first three hours of the storm event. The
grab sample to be composited must be of no less than 100 milliliters.
Vehicle rehabilitation, mechanical repairs, painting, fueling,
lubrication, vehicle cleaning operations, or airport deicing operations.
Solid particulate matter, both mineral and organic, that has been or is
being transported by water, air, gravity, or ice from its site of origin
which can be seen with the unaided eye.
30. Ha. -Zile
Any noncontainerized accumulation of solid, nonflowing waste that is
used for treatment or storage.
The maximum 24-hour precipitation event expected to be equalled or
exceeded, on the average, once in 25 years.
The permittee must comply with all conditions of this general permit.
Any permit noncompliance constitutes a violation of the Clean Water Act
and is grounds for enforcement action; for certificate of coverage
termination, revocation and reissuance, or modification; or denial of a
certificate of coverage renewal application.
a. The permittee shall comply with effluent standards or prohibitions
established under section 307(a) of the Clean Water Act for toxic
pollutants within the time provided in the regulations that establish
these standards or prohibitions, even if the permit has not yet been
modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit
condition is subject to a civil penalty not to exceed $25,000 per day
for each violation. Any person who negligently violates any permit
condition is subject to criminal penalties of $2,500 to $25,000 per day
of violation, or imprisonment for not more than 1 year, or both. Any
person who knowingly violates permit conditions is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit
condition may be assessed an administrative penalty not to exceed
Page 17 of 28 Pages

u
• Permit No. NCG090000
$10,000 per violation with the maximum amount not to exceed $125,000.
[Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
C. Under state law, a daily civil penalty of not more than ten thousand
dollars ($10,000) per violation may be assessed against any person who
violates or fails to act in accordance with the terms, conditions, or
requirements of a permit. [Ref: North Carolina General Statutes 143-
215.6A]
d. Any person may be assessed an administrative penalty by the
Administrator for violating section 301, 302, 306, 307, 308, 318, or 405
of the Act, or any permit condition or limitation implementing any of
such sections in a permit issued under section 402 of the Act.
Administrative penalties for Class i violations are not to exceed
$10,000 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $25,000. Penalties for Class II violations are
not to .exceed $10,000 per day for each day during which the violation
continues, with the maximum amount of any Class II penalty not to exceed
$125,000.
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.
... a �- -•
Except as provided in general permit conditions on "Bypassing" (Part II,
C.3.), nothing in this general permit shall be construed to relieve the
permittee from any responsibilities, liabilities, or penalties for
noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.6B, 143-
215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the
permittee is responsible for consequential damages, such as fish kills,
even though the responsibility for effective compliance may be
temporarily suspended.
• ,. .0M.•
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. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
The issuance of this general permit does not convey any property rights
in either real or personal property, or any exclusive privileges, nor
does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of Federal, State or local laws or
regulations.
Page 18 of 28 Pages

C, J
Wrmit No. NCG090000
8, ReyerahilitV
The provisions of this general permit are severable, and if any
provision of this general permit, or the application of any provision of
this general permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder
of this general permit, shall not be affected thereby.
The permittee shall furnish to the Director, within a reasonable time,
any information which the Director may request to determine whether
cause exists for modifying, revoking and reissuing, or terminating the
certificate of coverage issued pursuant to this general permit or to
determine compliance with this general permit. The permittee shall also
furnish to the Director upon request, copies of records required to be
kept by this general permit.
.. . .• •- ZI WT-Y41V WW4•11
An expired general permit continues in force and effect until the
general permit is reissued or a new general permit is issued. Only those
facilities authorized to discharge under the expiring general permit are
covered by the continued general permit.
The certificates of coverage issued under a general permit shall
continue in force and effect until the general permit is revoked or
terminated.
After public notice and opportunity for a hearing, the general permit
may be terminated for cause. The filing of a request for a general
permit modification, revocation and reissuance, or termination does not
stay any general permit condition. The certificate of coverage shall
expire when the general permit is terminated.
The Director may require any owner/operator authorized to discharge
under a certificate of coverage issued pursuant to this general permit
to apply for and obtain an individual permit or an alternative general
permit. Any interested person may petition the Director to take action
under this paragraph. Cases where an individual permit may be required
include, but are not limited to, the following:
a. The discharger is a significant contributor of pollutants;
b. Conditionsat the permitted site change, altering the constituents
and/or characteristics of the discharge such that the discharge no
longer qualifies for a General Permit;
Page 19 of 28 Pages

e• Permit No. NCG090000
C. The discharge violates the terms or conditions of this general permit;
d. A change has occurred in the availability of demonstrated technology or
practices for the control or abatement of pollutants applicable to the
point source;
e. Effluent limitations are promulgated for the point sources covered by
this general permit;
f. A water quality management plan containing requirements applicable to
such point sources is approved after the issuance of this general
permit.
g. The Director determines at his own discretion that an individual permit
is required.
12. When an Individual Permit may be Recn±ested
Any permittee operating under this general permit may request to be
excluded from the coverage of this general permit by applying for an
individual permit. When an individual permit is issued to an
owner/operator the applicability of this general permit is automatically
terminated on the effective date of the individual permit.
All applications, reports, or information submitted to the Director
shall be signed and certified.
a. All notices of intent to be covered under this general permit shall be
signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose
of this Section, a responsible corporate officer means: (a) a
president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who
performs similar policy or decision making functions for the
corporation, or (b) the manager of one or more manufacturing production
or operating facilities employing more than 250 persons or having gross
annual sales or expenditures exceeding 25 million (in second quarter
1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the
proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a
principal executive officer or ranking elected official.
b. All reports required by the general permit and other information
requested by the Director shall be signed by a person described above or
by a duly authorized representative of that person. A person is.a duly
authorized representative only if:
Page 20 of 28 Pages

•
&ermit No. NCG090000
(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. Certification. Any person signing a document under paragraphs a. or b.
of this section shall make the following certification:
"I certify, under penalty of law, that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware
that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment
for knowing violations."
The issuance of this general permit does not prohibit the Director from
reopening and modifying the general permit, revoking and reissuing the
general permit, or terminating the general permit as allowed by the
laws, rules, and regulations contained in Title 40, Code of Federal
Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General
Statute 143-215.1 et. al.
The certificate of coverage issued in accordance with this general
permit may be modified, revoked and reissued, or terminated for cause.
The notification of planned changes or anticipated noncompliance does
not stay any general permit condition.
Page 21 of 28 Pages

C
• Permit No. NCG090000
•.- •.' .I I• V I 'I•
The permittee shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related
appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this general permit. Proper operation
and maintenance also includes adequate laboratory controls and
appropriate quality assurance procedures. This provision requires the
operation of back-up or auxiliary facilities or similar systems which
are installed by a permittee only when the.operation is necessary to
achieve compliance with the conditions of the general permit.
It shall not be a defense for a permittee in an enforcement action that
it would have been necessary to halt or reduce the permitted activity
in order to maintain compliance with the condition of this general
permit.
a. Definitions
(1) "Bypass" means the known diversion of stormwater from any portion of a
stormwater control facility including the collection system, which is
not a designed or established or operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property,
damage to the control facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. Severe
property damage does not mean economic loss caused by delays in
production.
b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which does not cause
effluent limitations to be exceeded, but only if it also is for
essential maintenance to assure efficient operation. These bypasses are
not subject to the provisions of Paragraphs c. and d. of this section.
c. Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a
bypass, it shall submit prior notice, if possible at least ten days
before the date of the bypass; including an evaluation of the
anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an
unanticipated bypass as required in Part II, E. 5. of this general
permit. (24-hour notice).
Page 22 of 28 Pages

•
*rmit No. NCG090000
d. Prohibition of Bypass
(1) Bypass is prohibited and the Director may take enforcement action
against a permittee for bypass, unless:
(a) Bypass was unavoidable to prevent loss of life, personal injury or
severe property damage;
(b) There were no feasible alternatives to the bypass, such as the use
of auxiliary control facilities, retention of stormwater or
maintenance during normal periods of equipment downtime or dry
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 Paragraph c. of
this section.
(2) The Director may approve an anticipated bypass, after considering its
adverse effects, if the Director determines that it will meet the three
conditions listed above in Paragraph d. (1) of this section.
4. SIp,3flt 9
a. Definition.
"Upset " means an exceptional incident in which there is unintentional
and temporary noncompliance with technology based permit effluent
limitations because of factors beyond the reasonable control of the
permittee. An upset does not include noncompliance to the extent caused
by operational error, improperly designed treatment or control
facilities, inadequate treatment or control facilities, lack of
preventive maintenance, or careless or improper operation.
b. Effect of an upset.
An upset constitutes an affirmative defense to an action brought for
noncompliance with technology based permit effluent limitations if the
requirements of paragraph c. of this condition are met. No
determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial
review.
C. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset
shall demonstrate, through properly signed, contemporaneous operating
logs, or other relevant evidence that:
(1) An upset occurred and that the permittee can identify the cause(s) of
the upset;
Page 23 of 28 Pages

C
• Permit No. NCG090000
(2) The permitted facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as required in Part II, E.
5. (b) (B) of this general permit.
(4) The permittee complied with any remedial measures required under Part
II, A. 2. of this general permit.
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the
occurrence of an upset has the burden of proof.
Samples collected and measurements taken, as required herein, shall be
characteristic of the volume and nature of the permitted discharge.
Samples shall be taken on a day and time that is characteristic of the
discharge. All samples shall be taken at the monitoring points
specified in the certificate of coverage issued pursuant to this general
permit and, unless otherwise specified, before the discharge joins or is
diluted by any other waste stream, body of water, or substance.
Monitoring points shall not be changed without notification to and
approval of the Director.
Duplicate signed copies of all reports required herein, shall be
submitted to the following address:
Division of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Runoff.. V ,
Where required, appropriate flow measurement devices and methods
consistent with accepted scientific practices shall be selected and used
to ensure the accuracy and reliability of measurements of the volume of
monitored discharges.
Test procedures for the analysis of pollutants shall conform to the EMC
regulations published pursuant to NCGS 143-215.63 et. seq, the water and
Air Quality Reporting Acts, and to regulations published pursuant to
Page 24 of 28 Pages

C�
6 rmit No. NCG090000
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
that are below the general permit discharge requirements and all data
generated must be reported down to the minimum detection or lower
reporting level of the procedure. If no approved methods are determined
capable of achieving minimum detection and reporting levels below
general permit discharge requirements, then the most sensitive (method
with the lowest possible detection and reporting level) approved method
must be used.
The Clean Water Act provides that any person who falsifies, tampers
with, or knowingly renders inaccurate, any monitoring device or method
required to be maintained under this general permit shall, upon
conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation,
or by both. If a conviction of a person is for a violation committed
after a first conviction of such person under this paragraph, punishment
is a fine of not more that $20,000 per day of violation, or by
imprisonment of not more than 4 years, or both.
The permittee shall retain records of all monitoring information,
including all calibration and maintenance records and all original strip
chart recordings for continuous monitoring instrumentation, copies of
all reports required by this general permit, for a period of at least 5
years from the date of the sample, measurement, report or application.
This period may be extended by request of the Director at any time.
• .. -
For each measurement, sample, inspection or maintenance activity
performed or taken pursuant to the requirements of this general permit,
the permittee shall record the following information:
a. The date, exact place, and time of sampling, measurements, inspection or
maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection
or maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
Page 25 of 28 Pages

® Permit No. NCG090000
The permittee shall allow the Director, or an authorized representative
(including an authorized contractor acting as a representative of the
Director), or in the case of a facility which discharges through a
municipal separate storm sewer system, an authorized representative of a
municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as
may be required by law, to;
a. Enter upon the permittee's premises where a regulated facility or
activity is located or conducted, or where records must be kept under
the conditions of this general permit;
b. Have access to and copy, at reasonable times, any records that must be
kept under the conditions of this general permit;
C. Inspect at reasonable times any facilities, equipment (including
monitoring and control equipment), practices, or operations regulated or
required under this general permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring
general permit compliance or as otherwise authorized by the Clean Water
Act, any substances or parameters at any location.
The permittee shall give notice to the Director as soon as possible of
any planned physical alterations or additions to the permitted facility.
Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the
criteria for determining whether a facility is a new source in 40 CFR
Part 122.29 (b); or
b. The alteration or addition could significantly change the nature or
increase the quantity of pollutants discharged. This notification
applies to pollutants which are subject neither to effluent limitations
in the general permit, nor to notification requirements under 40 CFR
Part 122.42 (a) (1).
The permittee shall give advance notice to the Director of any planned
changes in the permitted facility or activity which may result in
noncompliance with the general permit requirements.
3. Trannfers
The certificate of coverage issued pursuant to this general permit is
not transferable to any person except after notice to and approval by
the Director. The Director may require modification or revocation and
Page 26 of 28 Pages

• 0armit No. NCG090000
reissuance of the certificate of coverage to change the name and
incorporate such other requirements as may be necessary under the Clean
Water Act.
4.
Monitoring results shall be reported at the intervals specified
elsewhere in this general permit.
5. Twenty-four Hour Rp2ortina
a. The permittee shall report to the central office or the appropriate
regional office any noncompliance which may endanger health or the
environment. Any information shall be provided orally within 24 hours
from the time the permittee became aware of the circumstances. A
written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance,
and its causes; the period of noncompliance, including exact dates and
times, and if the noncompliance has not been corrected, the anticipated
time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.
b. The following shall be included as information which must be reported
within 24 hours under this paragraph.
(A) Any unanticipated bypass which exceeds any effluent limitation in the
general permit.
(B) Any upset which exceeds any effluent limitation in the general permit.
(C) Violation of a maximum daily discharge limitation for any of the
pollutants listed by the Director in the general permit to be reported
within 24 hours.
C. The Director may waive the written report on a case -by -case basis for
reports under paragraph b. above of this condition if the oral report
has been received within 24 hours.
• ,- .., .n. .,
The permittee shall report all instances of noncompliance not reported
under Part II. E. 4 and 5. of this general permit at the time monitoring
reports are submitted. The reports shall contain the information listed
in Part II. E. 5. of this general permit.
Where the permittee becomes aware that it failed to submit any relevant
facts in a notice of intent to be covered under this general permit or
in any report to the Director, it shall promptly submit such facts or
information.
Page 27 of 28 Pages

.ttt"� - • Permit No. NCG090000
r
yjh
Availability _ of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2)
or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in
accordance with the terms shall be available for public inspection at
the offices of the Division of Environmental Management. As required by
the Act, effluent data shall not be considered confidential. Knowingly
making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.6E or
in Section 309 of the Federal Act.
The Clean Water Act provides that any person who knowingly makes any
false statement, representation, or certification in any record or
other document submitted or required to be maintained under this general
permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more
than $10,000 per violation, or by imprisonment for not more than two
years per violation, or by both.
Part III
OTHER INFORMATION
A. Limitations Reopener
This general permit shall be modified or alternatively, revoked and
reissued, to comply with any applicable effluent guideline or water
quality standard issued or approved under Sections 302(b) (2) (c), and
(d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent
guideline or water quality standard so issued or approved:
1. contains different conditions or is otherwise more stringent than any
effluent limitation in the general permit; or
2. controls any pollutant not limited in the general permit.
The general permit as modified or reissued under this paragraph shall
also contain any other requirements in the Act then applicable.
PART IV
ADMINISTERING AND COMPLIANCE
REQUIREMENTS
FEE
A. The permittee must pay the administering and compliance monitoring fee
within 30 (thirty) days after being billed by the Division. Failure to
pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4)
may cause this Division to initiate action to revoke the Certificate of
Coverage.
Page 28 of 28 Pages

E
lftobet, 1997
J Ref. Permit No. NCG090013
James R. Reid,
Water Quality Section
Div. of Environmental Management
DEHNR
Interchange Building
59 Woodfin Place
Asheville, NC 28801
Dear Mr. Reid:
V - 61997
The Morganton BASF site received the results of recent Storm Water testing today, 10/02/97.
Some of the results were significantly higher than expected and higher than in the past. We
intend to contact the laboratory to verify the results.
This letter is to inform you of the higher than normal concentration of metals in the storm water
sample taken on 9/9/97 at 16:55. Please note that there had been no significant rainfall at the
site for approximately six weeks prior to this storm event. We know of no reason the
concentrations were higher than expected, but will look for any unusual conditions and activities.
There have been no spills that would have accounted for the concentration of these elements
being elevated. The storm event lasted a total of 15 hours, but the sample was taken in the first
half hour in accordance with our permit.
The results reported were as follows:
Cd
7 ug/L
Cr
33 ug/L
Cu
208 ug/L
Pb
192 ug/L
Zn
2518 ug/L
Please contact us at 704-584-5014 if any further action is required, such as a re -test.
These results will.be formally reported in accordance with our permit requirements within the next
30 days.
Sincerely,
Carl F. Fetterman
Engineering Manager
Environmental Coord.
6, V-
J hn O. Brock
S to Manager
Mailing address: P.O. Box 1297, Morganton, North Carolina, 28680
Shipping address: 1110 Carbon City Rd., Morganton, NC 28655
Phone: [phone] Fax: [phone]

2Qi

u
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E.
Governor
Director
April 3, 2012
Scott Foxx
BASF Corporation - BASF Morganton plant
11501 Steele Creek Road
Charlotte, NC 28273
Subject: Rescission ofNPDES Stormwater Permit
Certificate of Coverage Number NCG090013
BASF Corporation - BASF Morganton plant
Burke County
Dear Permitee:
Dee Freeman
Secretary
On 12/8/201 1, the Division of Water Quality received your request to rescind your coverage under
Certificate of Coverage Number NCG090013. In accordance with your request, Certificate of Coverage
Number NCG090013 is rescinded effective immediately.
Operating a treatment facility, discharging wastewater or discharging specific types of stormwater to
waters of the State without valid coverage under an NPDES permit will subject the responsible party to a
civil penalty of up to $25,000 per day. It is the intention of DWQ that enforcement proceedings will
occur for persons that have voluntarily relinquished permit coverage when, in fact, continuing permit
coverage was necessary. If, in retrospect, you feel the site still requires permit coverage, you should
notify this office immediately. Furthermore, if in the future you wish to again discharge to the State's
surface waters, you must first apply for and receive a new NPDES permit.
If the facility is in the process of being sold, you will be performing a public service if you would inform
the new or prospective owners of their potential need for NPDES permit coverage.
If you have questions about this matter, please contact Brian Lowther at [phone], or the Water
Quality staff in our Asheville Regional Office at NPDES SW.
Sincerely, 1
for Charles w
cc: Asheville Regional Office
Stormwater Permitting Unit
DWQ Central Files - w/attachments
Fran ivicPherson, DWQ Budget Office - piease waive appl
Wetlands and Stormwater Branch
1617 Mail Service Center, Ralegh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone. 91 M07-63001 FAX: [phone]
Internet: w wnmaterquality.o
An Equal Opportunity 1 Affumative Action Employer
l^1 11 III,
wnre!;cur..n�
One rN-NorthCarolina
Naturally

CjLA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 12, 2011
Scott Foxx
Jonathan Bumette
BASF Corporation
1110 Carbon City Rd
Morganton NC 28655
SUBJECT: NPDES Stormwater Permit Compliance Inspection
BASF Morganton plant
Permit No: NCG090013
Burke County
Dear Messrs. Fox and Burnette:
Dee Freeman
Secretary
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
July 27, 2011. The facility is no longer operating and is vacated. However, BASF still holds the
Stormwater Permit NCG090013. Enclosed is a copy of the Compliance Inspection Report, which
contains comments and options regarding your permit status for your reference.
The Division of Water Quality does not have any analytical data from the BASF facility since
2003. Please submit data to date since 2003 to me at: 2090 US HWY 70, Swannanoa, NC 28778.
Also contact me directly for guidance on how to proceed with your chosen permit option. I can be
reached at [phone] or linda wiygs(c�ncdem.gov.
Sincerely,
Linda Wiggs
Environmental Specialist
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Burke\Stormwater\NCG09 Paints and Varnishes\BASF\CEI.LTR.July201 Ldoc
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone]M FAX. [phone] Customer Service. 1-877-623-6748
Internet: www.rewaterquality.org
Nne
orthCarolina
Naturally
An Equal Opponunity 1 Affirmative Action Employer

T i
Compliance Inspection Report
Permit: NCG090013 Effective:
11/O1/07 Expiration: 10/31/12 Owner: BASF Corporation
SOC: Effective:
Expiration: Facility: BASF Morganton plant
1110 Carbon City Rd
County: Burke
Region: Asheville
Morganton NC 28655
Contact Person: Scott Foxx
Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC:
Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 07127/2011
Entry Time: 01:00 PM Exit Time: 01:45 PM
Phone: 828-296A500
Primary Inspector: Linda S Wggs
,;�,
Ext.4653
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Paints, Varnishes, Lacquers Stormwaler Discharge COC
Facility Status: ❑ Compliant ❑ Not Compliant
Question Areas:
E Storm Water
(See attachment summary)
Page: 1

C T
Permit: NCGO90013 Owner -Facility: BASF Corporation
Inspection Date: 07/27/2011 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Jonathan Burnette was present during site visit. Facility is not operating. Liquid operations closed in 2006 and powder
operations closed .in.2008. -
Analytical Samples from the BASF facility have not been received by DWQ since 2003.
Options for facility to consider regarding NCG090013 permit:
1. Rescind Permit -This basically will close the permit, the permit would no longer be active. If BASF decides to reopen
facility you would have to reapply for a stormwater permit.
2. No Exposure- Again the permit is no longer an active permit, but the site can be covered under the No Exposure
exclusion for stormwater permitting. If you decide to reopen the facility you may have to reapply for a stormwater permit
depending on operation at the facility. No Exposure is just what is says, there is nothing outside that could potentially
contribute contaminants to stormwater flows.
3. Keep the NCG09 permit- If BASF wants to keep the permit then BASF needs to perform the Facility Inspections, as
well as the Analytical and Qualitative Monitoring events as required by the permit, and review and update the Stormwater
Pollution Prevention Plan.
Qualitative Monitoring
Yes
No
NA
NE
Has the facility conducted its Qualitative Monitoring semi-annually?
❑
®❑
❑
Comment: Requesting monitoring data.
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: Requesting monitoring data. DWQ database does not show any analytical
data since 2003.
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?
❑
❑
Is
❑
# Has the facility evaluated all illicit (non stormwater) discharges?
❑
❑
❑
■
Comment: One SDO with valve for spill prevention
Page: 2

II S '
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BASFHelping Make
The Chemical Company Products Better"
North Carolina Division of Water Quality
2090 US Hwy 70 LA,".HEVILLF
MAY 1 8 2006
Swannanoa, NC 28778WATER QUALITY SECTIQnj
May 16, 2006 REG Qtuv nFF tr--
Ms. Starr Silvis
Per our earlier contact regarding the Morganton, BASF Corp. site at
1110 Carbon City Rd., Morganton, NC and with regard to your
agreement with reasoning based on the site's changing operational
status, please be advised the site SPCC plan will be revised
following the June/July closure of the Liquid Plant.
With the conclusion of this closure, materials to be stored on site
will be under roof and the current plan will be modified
accordingly to reflect this.
Sincerely,
Scott Foxx
Ecology, Health, & Safety
Ph 704-587-8120
Fx 704-587-8115
Cc
5CI, I ('1
,ijiA-,,,er OgfSb"S
1110 Carbon City Rd.
Morganton, NC 28655

\W ATF
�R •
Lu i
w w
Y
March 31, 2006
BASF Corporation
1110 Carbon City Rd
Morganton, NC 28655
Subject: General Stormwater Permit Inspections
BASF Corporation/Morganton
Permit No. NCG090013
Burke County
Dear Sir or Madam:
OMichael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Your facility holds a general permit from the North Carolina Division of Water Quality to
discharge stormwater associated with industrial activities performed at your facility. Please be
advised that the Asheville Regional Office will be performing NPDES stormwater inspections
sometime in the near future.
If this office has not previously inspected your facility, you should be prepared to demonstrate
compliance with all terms and conditions included in the permit. Specifically, we will be
evaluating the following: your stormwater pollution prevention plan, stormwater outfall
locations, qualitative and analytical monitoring data and any other activities required by your
permit. Please note that any data reported to the Slate must be analyzed by a facility that has a
North Carolina laboratory certification, either as a full laboratory or as a facility certified to
perform on -site field testing. if you have any questions regarding the generation of your
facility's data, please feel free to call Gary Francies at [phone].
Copies of the general permits and accompanying documents can be accessed from the following
webpage: http:l/wrvw.newaterquality.alg/szt/Forms Documents.htm#stormlvatet,GP.
If you have any questions, please contact me in the Asheville Regional Office at [phone].
cc: NPS Compliance & Assistance Oversight Unit
SWP-Central Files
ARO Files
Sincerely,
7
Starr Silvis
Environmental Engineer
one
No hCarolina
�tktrall!l
North Carolina Division of Water Quality 2090 U.S. Ih+y 70
Internet: http:/Av .navaterquafty.orgl
An Equal Opportunity/Affirmative Action Employer
Swannanoa, NC 28778 Phone [phone] Fax [phone]

To: Jews Reid
OFrom: Fetterman, Cerl ® 19-3-97 g:B9nm P. I of 3
---------------------
BASF Corporation
1110 Carbon City Road
Morganton, NC 28655
P.O. Box 1297
Morganton, NC 28680.1297
Fax Numbers: 704-SB4-4425
Main Office
704-584.5068
Salsa
704-584-3127
Accounting
704584507E
QA Lab
To: James Reid
From: Fetterman. Carl
SUBJECT: STRMHI.00X
Please distribute to the following recipients:
(1) TO: James Reid
LOCATION: NCDEHNR, ASHEVILLE
COMPANY: NCDEHNR, WATER QUALITY
(2) TO:
LOCATION:
COMPANY:
(3) TO:
LOCATION:
COMPANY:
(4) TO:
LOCATION:
COMPANY:
(5) TO:
LOCATION:
COMPANY:
NOTES:
Date: 10-3-97
Page 1 of 3
N�'

To: Jews Reid From: Fetterman, Carl 19-3-97 9:09am P. 2 of 3
Microsoft Mail v3.0 IPM.I*rosoft Mail.Note
From: Fetterman, Carl
To: 'James Reid'
Subject: STRMHI.DCX
Date: 1997-10-03 0B:48
Priority:
Attachments:
STRMHI.DCX
It STRMHI.DCX : 2004 in STRMHI.DCX II

To: James Reid •
From: Fetterman, Carl © 19-3-97 9:89mm p. 3 of 3
BASF Corporation
2 October, 1997
Ref. Permit No. NCG090013
James R. Reid,
Water Quality Section
Div. of Environmental Management
DEHNR
Interchange Building
59 Woodfin Place
Asheville, NC 28801
Dear Mr. Reid:
The Morganton BASF site received the results of recent Storm Water testing today, 10102/97. Some
of the results were significantly higher than expected and higher than in the past. We intend to
contact the laboratory to verify the results.
This letter is to inform you of the higher than normal concentration of metals in the storm water sample
taken on 9/9/97 at 16:55. Please note that there had been no significant rainfall at the site for
approximately six weeks prior to this storm event. We know of no reason the concentrations were
higher than expected, but will look for any unusual conditions and activities. There have been no
spills that would have accounted for the concentration of these elements being elevated. The storm
event lasted a total of 15 hours, but the sample was taken in the first half hour in accordance with our
permit.
The results reported were as follows:
Cd
7 ug1L
Cr
33 ug/L
Cu
208 ug/L
Pb
192 ug/L
Zn
2518 ug/L
Please contact us at 704-584-5014 if any further action is required, such as a re -test.
These results will be formally reported in accordance with our permit requirements within the next 30
days.
Sincerely,
Carl F. Fetterman
Engineering Manager
Environmental Coord.
John O. Brock
Site Manager
Mailing address: P.O. Box 1297. Morganton, North Carolina, 28680
Shipping address: 1110 Carbon City Rd., Morganton, NC 28655
Phone: [phone] Fax: [phone]

To: MICHAEL NOERSCHNER
BASF Corporation
2 October, 1997
Ref. Permit No. NCGO90013
James R. Reid,
Water Quality Section
Div. of Environmental Management
DEHNR
Interchange Building
59 Woodfin Place
Asheville, NC 28801
Dear Mr. Reid:
From: Fetterman, Carl (61 10-2-97 5:05pn p. 3 of 3
The Morganton BASF site received the results of recent Storm Water testing today, 10102197. Some
of Die results were significantly higher than expected and higher than in the past. We intend to
contact the laboratory to verify the results.
This letter is to inform you of the higher than normal concentration of metals in the storm water sample
taken on 9/9/97 at 16:55. Please note that there had been no significant rainfall at the site for
approximately six weeks prior to this storm event. We know of no reason the concentrations were
higher than expected, but will look for any unusual conditions and activities. There have been no
spills that would have accounted for the concentration of these elements being elevated. The storm
event lasted a total of 15 hours, but the sample was taken in the first half hour in accordance with our
permit.
The results reported were as follows:
Cd
7 ug/L
Cr
33 ug/L
Cu
208 uglL
Pb
192 ug1L
Zn
2518 u94-
Please contact us at 704-584-5014 if any further action is required, such as a.re-test.
These results will be formally reported in accordance with our permit requirements within the next 30
days.
Sincerely,
Carl F. Fetterman
Engineering Manager
Environmental Coord_
Mailing address: P.O. Box 1297, Morganton, North Carolina, 2868D
Shipping address: 1110 Carbon City Rd., Morganton, NC 28655
Phone: [phone] Fax: [phone]

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Vehicle Maintenance
STORM EVENT CHARACTERISTICS:
rements
Total Storm Event Sampled Storm Event** Mail Original and one copy to:
Total Event Precipitation (inches): 2.77 0.75 inches Attn: Central Files
Event Duration (hours): 16.$A-- 3.27 hours_ Division of Environmental Mgt.
DEHNR
(if more than one storm event was sampled) P.O. Box 29535
Total Event Precipitation (inches): Raleigh, NC 27626-0535
Event Duration (hours):
**Sampled the front end of the total storm event which was 16.84 hours in duration with a total rainfall of
2.77 inches. Sampling equipment took the grab sample after 0.10 inches of rainfall was recorded and
sampled the rain event for a duration of 3.27 hours, and 0.75 inches of rain, and 94,760 gallons of flow.
Applies only for facilities at which fueling occurs.
2 Detergent monitoring is required only at facilities which conduct vehicle cleaning operations.
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."
ignature or Permittee)ate
Form MR09
El
40