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HomeMy WebLinkAboutNCG140248_COMPLETE FILE - HISTORICAL_20090731lh G AA I PW STORMWATER DIVISION CODING SHEET RESCISSIONS. PERMIT NO. DOC TYPE COMPLETE FILE - HISTORICAL DATE OF RESCISSION ❑ ab0 13 1 YYYYMMDD I, ' Compliance Inspection Report I Permit: NCG140248 Effective: 08/01/04 Expiration: 07/31/09 Owner: Go l ston's Building Supply SOC: Effective: Expiration: Facility: Goldston's Building Supply County: Wake 4900 Hwy 98 W Region: Raleigh Wake Forest NC 27587 Contact Person: on - e Title: Phone: 919-847-4955 Directions to Facility: ,L�n System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 08122/2008 Entry Time: 01:00 PM Exit Time: 02:00 PM Primary Inspector: Judy E Garrett Phone: 919-791-4200 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Ready Mix Concrete Stormwater/Wastewater Discharge COC Facility Status: ❑ Compliant fl Not Compliant Question Areas: E Storm Water (See attachment summary) -ham n, I� rs Page: 1 Permit: NCG140248 Owner - Facility: Goldston's Building Supply Inspection Date: 08/22/2008 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Page:2 Permit: NCG140248 Owner -Facility: Goldston's Building Supply Inspection Date: 08/22/2008 Inspection Type: Compliance Evaluation Stormwater Pollution Prevention Plan 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? # 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? ' � A ,, # Does the facility provide and document Employee Training? tc( at Air VLCL--- # Does the Plan include a list of Responsible Party(s)? # Is the Plan reviewed and updated annually? Reason for Visit: Routine Yes No NA NE �i+'nnn n Vq�.nn 5 h n n Igm n n fit/ n n nnn vnnn Vnnn # Does the Plan include a Stormwater Facility Inspection Program? r4ji 't "''rk-- Has the Stormwater Pollution Prevention Plan been implemented? nnnn U✓nnn Q'//nnn VY nn n o,L n n Comment: Qualitative Monitoring Yes N NA NE Has the facility conducted its Qualitative Monitoring semi-annually? 61416, Comment: Analytical Monitoring _ Yes No NA /NE Has the facility conducted its Analytical monitoring? y�p�y�p�jJ`'`r`���' t7,a��i n n 1�1 n # Has the facility conducted its Analytical monitoring from Vehicie Maint�ncs areas? 7, �� n n n n Comment: D V Permit and Outfalls Yes N NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? # Were all outfalls observed during the inspection? n fin n n # If the facility has representative outfall status, is it properly documented by the Division? n n n n # Has the facility evaluated all illicit (non stormwater) discharges? n n n n Comment: Page:3 OF W TFq - ® Michael P. Easley. Gnvcnwr of OG William 0. Rnss. Ir., Secrcl9ry rNorth Carolina Department of I°nvi«mmem and IN:naral RVS0U1CCS - Alan W. Klimek, P.17- Director Division ot Walcr Quality November 23, 2004 Mr. L.C. Medlin, Operator Builder's First Supply Concrete Plant 4900 Hwy 98W Wake Forest, NC 27588 Subject: Stonnwater Compliance Evaluation Inspection 11/16/2004 Builder's First Supply Concrete Plant Permit No. NCG 140248 Wake County Dear Mr. Medlin: On November 16, 2004 Mr. Myrl Nisely of the Raleigh Regional Office of Division of Water Quality met with you to perform an inspection. Your help was greatly appreciated. The plant was found to be in compliance. Attached is a checklist of items evaluated during the visit. This concrete plant has been dramatically downsized to only one truck and one operator who floes all jobs, with infrequent production. You stated that no batches have been made since October. A well written SPPP manual had all the components and was up to date on employee training, qualitative observations and the other details. The site showed good housekeeping, and appeared to be handling stonnwater well. All runoff goes a small retention basin, then through a riprap channel to a pond large enough to handle the watershed volume during normal rains so there is no discharge. Berm freeboard was estimated to be 4 — 5 feet, although an overflow standpipe showed about I foot of freeboard. Overflow from this structure would go to the creek, but no overflow has been observed by employees except during Hurricanes Fran and Floyd. This non -discharge feature explains why there have been no analytical data submittals in recent years. You were instructed by Mr. Nisely to send in a report each year stating "No Discharge" whenever that has been the case for the entire year, so the Division knows that the permit is not being ignored. If an overflow ever does occur, (he discharge should be sampled at that time for the tests outlined in the permit. The drum washout pit had about 4 feet of freeboard and `clean' looking water, not the green looking water usually observed in such a pit. It is an earthen pit, so please be aware that groundwater standards apply and contamination needs to be avoided. Aggregates are all neatly stored on a plateau high above the concrete plant. SW from these piles runs in a direction that takes it to other parts of the lumber mill. Admixture chemicals were in satisfactory secondary containment. If you have comments or questions, please call me at 571-4700. Sincerely, M rl A. Nisely Y Environmental Chemist cc: Central Files uii'thCun,lina �Vatrrrrdlq North Carolina Division of Water Quality Raleigh Regional Oft -ice SUHNCe Water Pmtactian Phone i9l Q) 571-4700 t'ugmnar Sores Internet h2o.enr.staleoc.us 1028 Mail Service Center Raleigh, NC 27699-1628 17Ax (919) 171-471 S 1-877-1,23-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper %N Readymix Concrete Stormwater Inspection Checklist Type of Visit Compliance Inspection/Program Audit ❑Tech Assistance or Recon Location: Builder's First Supply, 4900 Flwy 98W, Wake Forest Facility Number NCG1402'48Date 11/16/2004 Time In 1:20 PM Time Out 2:1OPM People Interviewed, and Titles: I-C Medlin, Operator SPPP Documentation (Site Plan Part II (A)(1) 1. Copy of Certificate of Coverage ®Yes ONo Copy of Permit ®Yes ❑No Requested but not required 2. General Location (USGS) Map shows plant ®Yes pNo, lines of discharge Part II(A)(1)(a) to water of State ❑Yes moo, Stream labeled ❑Yes ❑No, Latitude and longitude []Yes pNo Comments: Non -discharge system. Explains wlry no analytical data has been submitted 3. Narrative Description of Practices ®YesONo Part I I(A)(1)(b) 4. Site map ®Yes ONo Shows flows & areas served with arrows and Part II(A)(1)(c) impervious surfaces ®Yes ❑No, buildings ®Yes ❑No, process areas ®Yes pNo, disposal areas ®Yes [jNo, drainage structures ®Yes ❑No, existing BMPs such as secondary containment ®Yes pNo, list of potential pollutants ®Yes pNo Comments: 5. List of significant spills in last 3 years or certif if none []Yes ❑No not evaluated Part I I(A)( I )(d) RRO called? ❑Yes pNo 6. SW cattails have been evaluated for process water pYes ❑No N/A Part I1(A)( I )(e) 7. Feasibility of Changing Practices ®Yes ONo Part II(A)(2)(a) 8. Secondary Containment ®Yes ❑No . Schedule needed? ❑Yes pNo Part II(A)(2)(b) Records of Draining Containment, Observations Made ®Yes ❑No 9. BMP Summary ®Yes ONo - Part II(A)(2)(c) 10. SPRP Plan ®Yes ❑No, Responsible persomiel still employed here? ❑Yes ❑No 'Part II(A)(3) 11. PM and Housekeeping Plan ®Yes pNo Record of Inspections? eves []No Part II(A)(4) 12. Employee training ®Yes pNo —for everybody pYes ❑No Part II(A)(5) 13. Responsible parties, chain of command page ®Yes ❑�No Part lI(A)(6) 14. Plan updated/reviewed annually ®Yes []No Periodic visits by Bill'Twitty Part Il(A)(7) 15. Stormwater Facility Inspection Program OYes pNo Part II(A)(8) 16. This Plan Has Been Implemented (documents in manual, Part II(A)(9) employees show awareness ®Yes pNo Comments Sampling and Analytical Data Part ll(C) All Stormwater and Process Water is Recycled (IIC(3)) ❑Yes ®No Rain Gauge on site (not required) OYes ❑No Record of an overflow ❑Yes ❑No Details., lfnot all recycled, what is allowed to discharge? Vehicle Cleaning (IIC2) ❑ Recycle overflow (110 above) ❑ Wetting of Aggregate (IIC4)❑ Mixing drum cleahout (IIC5) ❑ Note: this checklist does not take the place of your permit. You are fully responsible to[ - following the permit. For the topics checked in last question Analyttcal data present OYes NNo, Compliant? OYes ONo Details Instructed Mr` Medlin tosubmit an annual report to Central'F.iles marked "No Discharge" Total pre cip'O'Yes ONo, Storm d11 uration pYes ONo, Total flow Est. oyes ONo,Field pH ❑Ycs ONo, Chain of custody OYes ONo Qualitative Monitoring performed semiannually ®Yes ONo Part II(F) Stormwater not combined with process wastewater— general runoff Partll(C)(1) Analytical data OYes pNo, Chain of Custody OYes ONo, Qualitative Monitoring performed semiannually (Section F) OYes pNo, Wet 7 Dry 7 If using cutoff policy, how many sample rounds Cutoff Concentrations met OYes ONo Ever have a Bypass? OYes ONo (III (C)(4)a I &2) Notification given? OYes ONo Outdoor Inspection I located all discharge points pYes ONO No. of areas served Sample points appropriate OYes ONo I ;,xi Location if different from discharge point Housekeeping: Trash pYes NNo Dust ❑Yes ®No Take pH OYes ®No Value(s) Take photos OYes NNo Containment Area satisfactory ®Yes ONo, Loose drums OYes ®No, Locked drain SYes ON() Concrete disposal pile comments None Inspection Summary Comments Compliant Recommendations $end m Analytical'Rep rt form each yr,,eyen if no discharge for testing. Requirements:���•,,' Letter is to go to: Name LC Medlin Title Address4900 Hwy 98 W, Wake Forest 27588 Helpful Information at http://h2o enr state nc us/su/Manuals I-actsheets.htill Note: this checklist does not take the place of your permit. You are fully responsible for following the permit. Builders First Source Wake Forest Plant November 16, 2004 Mr. Kenneth Schuster Regional Supervisor NCDENR Division of Water Quality Raleigh Regional Office RE: Storm Water Monitoring Report Dear Mr. Schuster: This letter is to inform you as per my conversation with Myrl A Nisely, that the Wake Forest Plant permit number 140248 has not had enough rain as to cause any storm water to leave our property. In my meeting with Myrl Nisely on November 16, 2004, I was told to send a letter and take samples as soon as I could and send them in at that time. Per his instructions, we will send the test report as soon as we have enough rain to take a sample. Sincerely, Larry Medlin Plant Manager, Concrete Division Builders Firstsource Wake Forest Plant Analytical Test Results As in previous years, no discharge has been observed from the retention pond at this plant site. Since all storm water at the plant site is tributary to this pond, no analytical tests can be performed on the discharge. We will continue to monitor this pond for a discharge. Qualitative sampling will be taken from the pond. JI Date: /1/45 L.C. Medlin, Plant Manager . n A�,_ WATt IBuilder's First Source 4900 Highway 98 W Wake Forest, NC 27587 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality August 4, 2003 Subject: Request for Stormwater Sampling Data Dear Stormwater Permit Holder: This office is presently reviewing sampling results for all ready mixed concrete plants. Since September 2002 the Division of Water Quality (DWQ), Raleigh Regional Office (RRO) has made inspections of 25 such sites. Your company's sites in the permit(s) noted below may or may not have been inspected. We have obtained available stotmwater sampling records from what could be observed in the SP3 manuals during the inspections and from the State database of submitted analytical results. However, we want to make sure that we include sampling rounds that may not be recorded in our database. The permit list we have on file for the sixteen -county Raleigh Region (Person. Granville. Vance. Warren, Halifax, Northampton, Orange, Durham. Franklin. Nash, Edgecombe, Chatham. Wake, Johnston, Wilson and Lee) is as follows (if this list of permits needs correcting, please add or delete): Permit NCG14024S If you have analytical data for the 2002 calendar year that has not been submitted to the DWQ, please mail it with a letter to Central Files as outlined in the permit, and send a copy of the data to the Raleigh Regional Office at the letterhead address by August 22, 2003. If you have no archived data, let us know that also. We should hear from you on each permit, one way or the other. Data already collected in 2003 sampling may also be submitted to Central File, but the focus is on the year 2002. For that matter, it would be wise to also send all unsubmitted data to Central Files, including locations in the other regions. Cc: Coleen Sullins Sincerely, i Kenneth Schuster, P.E. Raleigh Regional Water Quality Supervisor Raleigh Regional Office Water Quality Section 1628 Mail Service Center Raleigh, NC 27699-1628 phone (919) 671.4700 facsimile (919)571-4718 Customer Service 1-877-623-6748 t.'CCIEM1R N . Nlicnael F. Easley Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alm W. Klimek. F.E., Director Division of Water Quality WATER QUALITY SECTION I. CURRENT PERD4IT (\`FORMATION: Permit Number: NBC/ —/_/_/ or Certificate of Coverage Number: N/C/C7/,�/ 1. Permit holder's name: _. Permit's signing official's name and 3. Mailing (Person legally responsible ter permit) (Title) State: Zip Code: Phone: ( ) U. NEW ONVVEWNAME LNTORMATION: 1. This request for change is a result of ❑ Change in owvnership of company ❑ Name change for comnam ❑ Change in ownership of property/facility ❑ Name change for property/lacility ❑ Other (please explain): 2. OwneriOperator Information Company or Owner or Operator Name: (name to be put on permit / certificate ofcovera_ge) Owmer's/operator's or signing official's name: Title: Owner Contact: Title: Mailing address: City: State: Zip Code: Phone: ( ) 3. Facility Information Facility Name: Facility Contact: Facility Mailing address:_ State: Zip p-mail address: SWU-23M80102 Title: Phone:( City: PERMIT NAME / OWNERSHIP CHANGE FORM 4, Permit Contact Information (if different from facility contact) Permit Contact: Mailing address: State: Zip E-mail address: Title: _ City — Phone: ( THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UN -LESS ALI. OF TILE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH TnE SURMI`I"I'AL. REQUIRED ITEMS: 1. This completed application 2. Legal documentation of the transfer of ownership (such as a contract, deed. articles of incorporation) Certification must be completed and signed by both the current permit holder and the new applicant in the case of change of ownership. For name change only, complete and sign the application certitication. Current Permittee's Certification: [, _attest that this application for name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included. this applicauion Package will be returned as incomplete. Date: Applicant's Certification: attest that this application fora name/ownership ch:mgc has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required .supporting information and attachments arc nut included, this application package will be returned as incomplete. Signature: Dote: THE COMPLETED APPLICATION PACK:\GE, INCLUDING ALL SUPPORTING INFORMX1710N -, MATERIALS, SHOULD Dl` SENT TO T IE FOLLOWING ADDURESS: Point Source Branch Attn: Valery Stephens Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 SWII-239-090102 Michael F. Easley Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan N. Klimek. P.E., Director Division of Water Quality WATER QUALITY SECTION PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERNUT INFORMATION: Pcmtit Number: N/C/ �/_/_/_/ or Certificate of Coverage Number: N/C/G/-�/-// )�, ^1/1 1. Pemvt holder's 2. Permit's signing official's name and 3. Mailing Zip Code: (Person legally responsible for permit) [f itlel Citv: Phone Ll. NEW O Cc J O M St E 3. Facility Information Facility Name: _ Facility Contact: Facility Mailing Zip Code: E-mail address: SWU-239-080102 Title: Phone:( Cite: { ; State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director J.D. GOLDSTON III GOLDSTON'S BUILDING SUPPLY 4900 HIGHWAY 98 WEST WAKE FOREST, NC 27587 Dear Permittee: 1� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 26, 1999 Subject: Reissue - NPDES Stormwater Permit Goldston's Building Supply _ COC Number NCG140248 Wake County In response to your renewal application for continued coverage under general permit NCG140000, the Division of Water Quality (DWQ) is forwarding herewith the reissued 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 December 6, 1983. The following information is included with your permit package: * A copy of general stormwater permit NCG140000 * A Stormwater Pollution Prevention Plan (SPPP) Certification Form. Completion of this form is required to certify that you have developed and implemented the SPPP as per the conditions of the permit. This form must be completed and returned to the Division within 30 days of receipt of this letter. DO NOT SEND the SPPP with the signed form. * Five copies of the Analytical Monitoring form and five copies of the Qualitative Monitoring form * A copy of a Technical Bulletin for the general permit which outlines changes in the permit, key requirements, and addresses frequently asked questions * A Certificate of Coverage 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 Tony Evans of the Central Office Stormwater and General Permits Unit at (919) 733-5083, ext. 584 Sincerely, for Kerr T. Stevens cc: Central Files Stormwater and General permits Unit Files Raleigh Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper ew STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG140000 CERTIFICATE OF COVERAGE No. NCG140248 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, " GOLDSTON'S BUILDING SUPPLY is hereby authorized to operate a process wastewater treatment system, and is hereby authorized to discharge process wastewater and stormwater from a facility located at GOLDSTON'S BUILDING SUPPLY 4900IUGHWAY 98 WEST WAKE FOREST WAKE COUNTY to receiving waters designated as a UT of the Neuse River in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, Ill, IV, V, and VI of General Permit No. NCG140000 as attached. This certificate of coverage shall become effective August 1, 1999. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day July 26, 1999. for Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Goldston's Buildi. 4900 Highway 98 Wake Forest, NC Dear Mr. Goldston: June 13. 1997 JUN 1 6 M17 A Subject: General Permit No. NCG 140000 Goldston's Building Supply COC NCG014024S Wake County In accordance with your application for a stontd;uer discharge permit received on March 24, 1997. we are forwarding herewith the subject ,quire - NPDES permit. This permit is issued pursuant to the requirements of North Carolina Gencral Stnuue 143-215 .I rind the Memorandum of Agra utent betwccn North Carolina and the US Environmental Protection agency dated December 6. 19S3. 'File stomiwatet permit you ale receiving, NCG 140000, does not permit wasting concrete, dumping excess concrcrc, directly into storm sewer oudfalls or into waters of the state. Any facility which either dumps excess concrete m washes excess concrete into storm sewers or waters of the state will be operating in direct violation to both the terms of this Hermit and the North Carolina Gencral Statutes. Such a discharge shall be considered an illegal discharge and may subject the owner to enforcement actions in accordance with North Carolina General Statutes 143-215.6A. If any pants, measurement frequencies, or sampling requirements contained in this permit are unacceptableto you, you have the right to an adjudicatoiy hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina Gencral Statutes, ;aid tiled with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Pall 11, B.2. addresses the requirements to be follower] in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be mquircd 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 govenrmcmal permit that many be required. 554. Ifyou have any questions concerning this perniii. please contact ANTONIO EVANS at telephone munber 919/733-5083 Sincercly. ORIGINAL SIGNED BY BRADLEY BENNErT A. Preston Howard, Jr., P. E. cc: Raleigh Regional Oflicc , Central Files Wake County, P.O. BOX 1409, Raleigh, NC 27620-,10<19 P.O. Box 29535, Raleigh, North Carolina 27626-o535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirrnatlwe Action Employer 50 / recycled/ +.0 % postconsumerpaper r y v �7 � Rn p r�� rq� ' � - � t � r it '. .. _.r-- � N � 1 � � n �� h STATE_ OE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG140000 CERTIFICATE OF COVERAGE No. NCG140248 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARG11 ELIMINATION SYSTEM In compliance with the Provision of North Carolina General Statute 143-215. I, other lawut standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act. as amended, Goldston's Building SuPPIy IS hereby authorized to di.achargestormwater from a facility Iocaled m Goldston's Building Supply 4900 Highway 98 Writ Wake Forest. NC Wake County to receiving waters designated as an unnamed tritmay to Noose River, WS IV S 13 NSW CA in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set fortis in Parts 1, 11,111 and IV of General Permit No. NCG 140000 as attached. This certificate of covcragc shall become effective June 13, 1997. This Certificate of Coverage shail remain in effect for the duration of the General Permit. Signed this day June 13, 1997. r A. Preston 1-loward, Jr., P.E., Director Division of Wafer Quality By Authority of the I nvimnntental Management Commission �� � 'S'n-. �. • e i. \ ny CREEOMOOR 6 Ml. 5256 11 SW 42'30" ! 707 °OBI (CREEOMOOR) 7D9 17I0 40' .� STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG140000 TO DISCHARGE STORMWATER / PROCESS WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act,, as amended, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of stormwater and process wastewater to the surface waters of North Carolina or separate storm sewer systems conveying stormwater to surface waters in accordance with the terms and conditions set forth herein. Coverage under this general permit is applicable to all owners or operators of stormwater point source discharges and process wastewater discharges associated with activities classified as establishments primarily engaged in Ready Mixed Concrete [Standard Industrial Classification Code (SIC) 3273]. Also included in this General Permit are stormwater discharges from those areas at the facilities described above which are used for vehicle maintenance activities. The following activities are specifically excluded from coverage under this General Permit: Disposal of process wastewater not specifically designated in this permit into stormwater conveyances, storm sewer curtails or into waters of the state. Disposal of return concrete and dumping excess concrete directly into stormwater conveyances, storm sewer outfalls or into waters of the state. The General Permit shall become effective on August I, 2004. The General Permit shall expire at midnight on July 31, 2009. Signed this day July 13, 2004. Original signed by Alan Klimek Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCG 140000 TABLE OF CONTENTS PART I INTRODUCTION Section A: General Permit Coverage Section B: Permitted Activities Section C: Permit Renewal PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements - Stormwatcr discharge Section C Analytical Monitoring Requirements - Process wastewater discharge Section D: Qualitative Monitoring Requirements PART III STANDARD CONDITIONS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duly to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Continuation of the Expired General Permit 2. Transfers 3. When an Individual Permit May be Required 4. When an Individual Permit May be Requested 8 Permit No. NCG 140000 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 Stormwatcr Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 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 IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS Permit No. NCG 140000 PART 1 INTRODUCTION SECTION A: GENERAL PERMIT COVERAGE All persons desiring to be covered by this General Permit must register with the Division of Water Quality by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to any discharge of stormwater associated with industrial activity that has a point source discharge to the surface waters of the state. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .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 NOIs for coverage under this permit, prior to establishment or approval of a Total Maximum Daily Load (TMDL) for a priority pollutant(s) for stormwater discharges (i.e. wet weather flows), may be covered under this permit during its term. For such facilities continued coverage under the reissuance of this permit is subject to the facility demonstrating that it does not have a reasonable potential to violate applicable water quality standards for such pollutants due to the stormwater discharge(s). For facilities that do have a reasonable potential for violation of applicable water quality standards due to the stormwater discharge(s) the facility shall apply for an individual permit 180 days prior to the expiration of this general permit. Once the individual permit is issued and becomes effective the facility will no longer have coverage under the general permit. A list of approved TMDLs for the state of North Carolina can be found at http://h2o.enr.state.ne.us/tmdl/General TMDLs.htm During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater and/or process wastewater associated with industrial activity as defined in this permit. Such discharges shall be controlled, limited and monitored as specified in this permit. Although this permit requires submittal of analytical monitoring results annually, discharges occurring throughout the year must meet the conditions and limitations of this permit. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater and process wastewater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this General Permit. All discharges shall be in accordance with the conditions of this permit. Part I Page 1 of 2 Permit No. NCG 140000 Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. The discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. SECTION C: PERMIT RENEWAL Dischargers covered by general permits need not submit new Notices of Intent or renewal requests unless so directed by the Division. If the Division chooses not to renew a general permit, all facilities covered under that general permit shall be notified to submit applications for individual permits or notified to take other appropriate actions at the discretion of the Director. Part I Page 2 of 2 Permit No. NCG 140000 PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this general permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge. (b) A list of the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges (c) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (d) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (e) A list of significant spills or leaks of pollutants (see definitions) that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (f) 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 Ill, Standard Conditions, Section B, Paragraph 5. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and Part 11 Page 1 of 1 1 Permit No. NCG 140000 nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title 111 of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices have a drain, the drain shall be controlled by manually activated valves or other similar devices, which shall be secured with a locking mechanism. If there is no drain, the containment shall be observed and pumped out as needed to maintain adequate capacity. Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, and visible sheens, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to; oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment Part 11 Page 2 of 11 Permit No. NCG 140000 and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 5. Employee Training. Training schedules shall be developed and training provided for all employees at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible.for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance, which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. Revision dates should be included on the pages changed. The Director, or his designee, may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director, or his designee, for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 5) to the Director, or his designee, that the changes have been made. Facility Inspection Program. Facilities are required to inspect all BMP's and stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once during the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection,' individual(s) making the inspection, and any comments. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in addition to facility inspections. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Part II Page 3 of 1 I permit No. NCG 140000 SECTION B: ANALYTICAL MONITORING REQUIREMENTS - STORMWATER DISCHARGE Stormwater associated with industrial activity that is not combined with process wastewater During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater associated with industrial activity that is not combined with process wastewater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1. For each parameter, the arithmetic mean of all analytical sampling results collected during the term of the permit shall be calculated for each individual outfall. The computed arithmetic mean is then compared to the cut-off concentrations listed below in Table 2. If the arithmetic mean is less than the specified cut-off concentration for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter (at that outfall) during the remaining term of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring at an individual discharge outfall, the permittee is required to maintain facility operations that ensure the continuation of stormwater runoff quality. The permittee must perform analytical sampling of stormwater discharges during the first and last year of the permit coverage reeardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit coverage must be submitted with the permit renewal application. All analytical monitoring shall be performed during a representative storm event. Table 1. Analytical Monitoring Requirements Discharge Characteristics Units Measurement Frequency' Sample TV eZ Sample Location H standard annually Grab SDO Total Suspended Solids mg/1 annually Grab SDO Total Rainfall" inches annually Event Duration' minutes annually Total Flow' MG annually Grab SDO Footnotes: I Measurement Frequency: Once per year during a representative storm event. A year is defined as the 12 month period beginning on the month and day of issuance of the Certificate of Coverage. Sampling for the next year shall be scheduled to take place at least four months from the previous years sampling event. Part l l Page 4 of 1 1 Permit No. NCG 140000 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes or discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. In all cases, water leaving the pond is to meet permit requirements. 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 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 [low at 20 minute intervals during the rainfall event. Table 2. Cut-off Concentrations for Analytical Monitoring Requirements Discharge Characteristics Cut-off Concentration HI within range 6.0 - 9.0 Total Suspended Solids 100 m /I Footnotes: pl-I cannot be averaged duo to the nature of the logarithmic pl-I scale. 'fhe most recent pl-I sample result shall be used for cut-off concentration purposes. 2. Stormwater associated with industrial activity from on -site vehicle maintenance areas that is not combined with process wastewater Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 3. This monitoring shall be performed at all outfalls which discharge stormwater runoff from the vehicle maintenance areas. For each parameter, the arithmetic mean of all analytical sampling results collected during the coverage of the permit shall be calculated for each individual outfall. The computed arithmetic mean is then compared to the cut-off concentrations listed below in Table 4. If the arithmetic mean is less than the specified cut-off concentration for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter (at that outfall) during the remaining coverage of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring at an individual discharge outfall, the permittee is required to maintain facility operations that ensure the continuation of stormwater runoff quality. The permittee must perform analytical sampling during the first and last year of the permit coverag regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit coverage must be submitted with the permit Part 11 Page 5 of 11 permit No. NCG 140000 renewal application. All analytical monitoring shall be performed during a representative storm event. Table 3. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Frequency' Sample T eZ Sample Location H standard annually Grab SDO Total Suspended Solids mg/1 annually Grab SDO Oil and Grease m I annually Grab SDO New Motor Oil Usa ,,e Rallons/month annual)y Estimate Total Rainfall4 inches annually Event Duration minutes annually Total Flow° MG annually Grab SDO Footnotes: 1 Measurement Frequency: Once per year during a representative storm event. A year is defined as the 12 month period beginning on the month and day of issuance of the Certificate of Coverage. Sampling for the next year shall be scheduled to take place at least four months from the previous years sampling event. 2 If the stormwater runof f is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. In all cases, water leaving the pond is to meet permit requirements. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Table 4. Cut-off Concentrations for On -Site Vehicle Maintenance Activities Discharge Characteristics Cut-off Concentration pH' within range 6.0 - 9.0 Oil and Grease 30 mg/1 Total Suspended Solids 100 mg/I Footnotes: f pl-I cannot he averaged clue to the nature of the logarithmic pH scale. The most recent pl-I sample result shall be used for cut-off concentration purposes. Part II Page 6 of 11 Permit No. NCG 140000 SECTION C: ANALYTICAL MONITORING REQUIREMENTS - PROCESS WASTEWATER This general permit authorizes the discharge of process wastewater associated with four distinct activities: l) Vehicle and equipment cleaning - external surfaces; 2) Overflow from recycle systems that receive stormwater runoff; 3) Wetting of raw material stockpiles; 4) Mixing drum cleaning. Discharge of process wastewater generated by any other activity is not authorized under this permit. In the event that authorized process wastewaters commingle prior to discharge, sampling the combined discharge will meet the conditions of this permit for those separate activities, with respect to the annual sample. In the case of commingled process wastewater, the most stringent of the applicable limits will apply. Note: For facilities which route stormwater and all process wastewater to a recycle system, no analytical monitoring of process wastewater discharges is required if that recycle system discharges only as a result of a 10 year - 24 hour precipitation event. Process Wastewater Associated with Vehicle and Equipment Cleaning During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge process wastewater associated with vehicle and equipment cleaning subject to the provisions of this permit. For the purposes of this permit, vehicle and equipment cleaning is limited to the rinsing of the external surfaces of vehicles and equipment. If detergents are used, they must be biodegradable and the pH adjusted to 6 to 9 standard units. With or without the use of detergents, wastewater released to the waters of the State must meet the requirements of Table 5 Analytical monitoring of process wastewater associated with vehicle and equipment cleaning discharges shall be performed as specified below in Table 5. Annual analytical monitoring shall be performed during a process wastewater discharge event associated with vehic% and equipment cleaning. Table 5. Analytical Monitoring Requirements Discharge Measurement Daily Sample Sample Characteristics Units Frequency' Maximum Type' Location' Limit PH standard annually Grab E Total Suspended Solids m = 1 annually 30 mg/1 Grab E Settleable Solids I ml/1 I annually 5 ml/I I Grab E Event Duration` minutes annually Total Flows gallons annually E PartII Page 7 of 11 Permit No. NCG 140000 Footnotes: I Measurement Frequency: Once per year during a discharge event. A year is defined as the 12 month period beginning on the month and day of issuance of the Certificate of Coverage. Sampling for the next year shall be scheduled to take place at least four months from the previous years sampling event. 2 If the discharge is controlled by a detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. In all cases, water leaving the pond is to meet permit requirements. 3 Sample location: Effluent (I) = vehicle and equipment cleaning wastewater discharge outfall. 4 The pl-i shall not be less than 6.0 standard units nor greater than 9.0 standard units. 5 For each sampled discharge event the total discharge duration and total flow must be monitored. Total flow can be measured continuously or calculated. 2. Process Wastewater Associated with Recycle Systems During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge process wastewater associated with the overflow of recycle systems subject to the provisions of this permit. Overflow discharge refers to a discharge associated with precipitation events in excess of the design storm, which produces influent that exceeds the design capacity of the system. Note: By design, a recycle system is closed loop and should not discharge on a routine or continuous basis. As such, the routine or continuous discharge of process wastewater from recycle systems is not authorized under this permit. Analytical monitoring of process wastewater associated with the overflow of recycle system discharges shall be performed as specified below in Table 6. All analyical monitoring shall he perforated during a process waslewater discharge even) associated with the overflow of recycling system. Table 6. Analytical Monitoring Requirements Daily Discharge Measurement Sample Sample Characteristics Units Frequency' Maximum Type' Location Limit IT` standard annually Grab E Total Suspended Solids m * I annually 30 mg/1 Grab E Settleable Solids MIA annuall 5 ml/I Grab E Event Duration` minutes annually Total Flow` gallons annually E Part 11 Page 8 of 1 1 Permit No. NCG 140000 Footnotes: I Measurement Frequency: Once per year during a recycle system overflow discharge event. I f no discharge event occurs during the monitoring year, the permitte shall generate a signed certification stating that no discharge occurred and that no sample is required for that monitoring year. A year is defined as the 12-month period begiming on the month and day of issuance of the Certificate of Coverage. Sampling for the next year shall be scheduled to take place at least four months from the previous years sampling event. If the recycle system only discharges in response to it 10 year - 24 hour precipitation event, no monitoring is required. 2 Sample within the first 30 minutes of discharge. 3 Sample Location: Effluent (E) = recycle system discharge outfall. 4 The pl-1 shall not be less than 6.0 standard units nor greater than 9.0 standard units. 5 For each sampled recycle system discharge event the toad discharge duration and total Ilow must be monitored. Total flow can be measured continuously or calculated. 3. Process Wastewater Associated with Raw Material Stockpiles During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge process wastewater associated with wetting of raw materials stockpiles subject to the provisions of this permit. Analytical monitoring of process wastewater associated with wetting of raw material stockpile discharges shall be performed as specified below in Table 7. All analytical monitoring shall be performed during a process wastewater discharge event associated with wetting of ran, material stockpiles. Table 7. Analytical Monitoring Requirements Discharge Measurement Daily Sample Characteristics Units Frequency Maximum Maximum Type Location' Limit H' standard annually Grab E Total Suspended Solids m I annual) 30 m I Grab E Settleable Solids ml/I annual) 5 ml/I Grab E Event Duration' minutes annually Total Flow'gallons annuallyE Footnotes: I Measurement Frequency: Once per year during a discharge event. A year is defined as the 12 month period beginning on the month and day of issuance of the Certificate of Coverage. Sampling for the next year shall be scheduled to take place at least four months from the previous years sampling event. 2 Sample Location: Effluent (E) = raw material stockpile discharge outfall. 3 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. Part 11 Page 9 of I 1 Permit No. NCG 140000 4 For each sampled discharge event the total discharge duration and total flow must be monitored. 'Total flow can be measured continuously or calculated. For discharges in excess of 24 hours, report total flow in 24-hour period and event duration in days. 4. Process Wastewater Associated with Mixing Drum cleanout During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge process wastewater associated mixing drum cleanout subject to the provisions of this permit. Analytical monitoring of process wastewater associated with mixing drum cleanout discharges shall be performed as specified below in Table 8. All analytical monitoring shall be performed during a process wastewater discharge event associated wish mixing drum cleanout. Table 8. Analytical Monitoring Requirements Discharge Measurement Daily Sample Sample Characteristics Units Frequency' MLimitm Type Location' pH standard annually Grab E Total Suspended Solids m = 1 annually 30 mg/1 Grab E Settleable Solids ml/l annually 5 ml/l Grab E Event Duration' minutes annuall Total Flow' gallons annually E Footnotes: 1 Measurement Frequency Once per year during a discharge event. A year is clef fined as the 12 month period beginning on the month and day of issuance of the Certificate of Coverage. Sampling for the next year shall be scheduled to take place at least four months from the previous years sampling event. 2 Sample Location: Fftluent (3) = Mixing drum cleanout area discharge outfall. 3 The pl-I shall not be less than 6.0 standard units nor greater than 9.0 standard units. 4 For each sampled discharge event the total discharge duration and total flow must be monitored. Total flow can be measured continuously or calculated. PartB Page 10 of 11 Permit No. NCG 140000 SECTION F: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall and/or combined stormwater / process wastewater outfall regardless of representative outfall status and shall be performed as specified below in Table 9. Qualitative monitoring is For the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater and combined stormwater / process wastewater outfalls does not need to be performed during a representative storm event. The first qualitative monitoring event during the coverage of the permit must coincide with the initial analvtical monitoring event (regardless of the season). All other qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 9. Qualitative Monitoring Requirements Discharge Characteristics Frequency Monitoring Location Color Semi -Annual Discharge Outfall Odor Semi -Annual Discharge Outfall Clarity Semi -Annual Discharge Outfall Floating Solids Semi -Annual Discharge Outfall Suspended Solids Semi -Annual Discharge Outfall Foam Semi -Annual Discharge Outfall Oil Sheen Semi -Annual Discharge Outfall Other obvious indicators of stormwater pollution Semi -Annual Discharge Outfall Footnotes: I Monitoring Location: Qualitative monitoring shall bo performed at each stormwater/process wastewater discharge outfall regardless of representative outfall status. Part 11 Page 11 of 11 Permit No. NCG140000 PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial certificate of coverage issued pursuant to this general permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial certificate of coverage. Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to Com The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification, or denial of a permit renewal application. (a) The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act,.is subject to a civil penalty not to exceed $27,500 per day for each violation. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 Part III Page 1 of 19 Permit No. NCG140000 per day of violation, or by imprisonment of not more than 2 years, or both. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. (c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. (d) Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $1 1,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Section C of this permit regarding bypassing of stormwater control facilities, nothing in this general permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143- 215.3, 143-215.6A, 143-215.613, 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 Part III Page 2 of 19 Permit No. NCG140000 the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 31 1 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. 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 permittee shall also furnish to the Director upon request, copies of records required to be kept by this general permit. 9. Penalties for Tamperins The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this general permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine.of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this general permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. Part III Page 3 of 19 Permit No. NCG 140000 SECTION B: GENERAL CONDITIONS General Permit Expiration The permittee is not authorized to discharge after the expiration date of this General Permit. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers The certificate of coverage issued pursuant to this general permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the certificate of coverage to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required to notify the Division in the event the permitted facility is sold or closed. 3. When an Individual Permit May be Required The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual permit or coverage under an alternative general permit. Any interested person may petition the Director to take action under this paragraph. Cases where an individual permit may be required include, but are not limited to, the following: 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 own discretion that an individual permit is required. Part Ill Page 4 of 19 Permit No. NCG140000 4. When an Individual Permit May be Requested Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit. 5. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. 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. Part IE Page 5 of 19 Permit No. NCG140000 C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 6. General Permit Modification, Revocation and Reissuance, or Termination The issuance of this general permit does not prohibit the Director from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143- 215.1 et. 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 Coveraste Actions The certificate of coverage issued in accordance with this general permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any general permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this general permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the general permit. Part III Page 6 of 19 Permit No. NCG140000 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. 4. Bypassing of Wastewater Treatment Facilities The permittees may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Part IIl, Section CA.a and Part Ill, Section CA.b. a. Notices (1) Anticipated bypass. If the permittees knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass, including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittees shall submit notice within 24 hours of becoming aware of an unanticipated bypass as required in Part 111, Section E.7. of this permit. b. Prohibition of Bypass (1) Bypass is prohibited and the Director may take enforcement action against the permittees for bypass, unless: Part III Page 7 of 19 Permit No. NCG140000 (a) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and (b) There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of untreated waste or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The permittees submitted notices as required under Part 111, Section CA.a of this permit. (2) The Director may approve an anticipated bypass, after considering its adverse affects, if the Director determines that it will meet the three conditions listed in Part 111, Section CA.b.(1) of this permit. SECTION D: MONITORING AND RECORDS Representative Sampline Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this general permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used; and Part III Page 8 of 19 Permit No. NCG140000 The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this general permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 5. Representative OutfalI If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site (preferably in the SPPP file). The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this general permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; Part III Page 9 of 19 Permit No. NCG140000 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 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 days from the date the facility receives the sampling results from the laboratory. Documentation of the qualitative monitoring associated with the initial analytical monitoring event shall be included with the required analytical monitoring submittal for the first year of the permit coverage. Analytical results from sampling during the final year of the permit coverage shall be submitted with the permit renewal application. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality As Part III Page 10 of 19 Permit No. NCG 140000 required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. 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 Chances 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. Noncompliance Notification The permittees shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the wastewater treatment facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. C. Any failure of a treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. Part III Page 1 1 of 19 Permit No. NCG140000 8. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 9. Twenty-four Hour 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 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 11. 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. PartIll Page 12 of 19 Permit No. NCG140000 PART IV LIMITATIONS REOPENER This general permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the general permit; or b. Controls any pollutant not limited in the general permit. The general permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Certificate of Coverage. PART VI DEFINITIONS Act See Clean Water Act, 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: Part III Page 13,of 19 Permit No. NCG140000 (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of 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. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies the general permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DWQ The Division of Water Quality, Department of Environment and Natural Resources. Part III Page 14 of 19 Permit No. NCG140000 10. Director The Director of the Division of Water Quality, the permit issuing authority. 11. EMC The North Carolina Environmental Management Commission. 12. Grab Sample An individual samples collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self- government such as a city or town. 16. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a general permit. 17. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. 18. Permittee The owner or operator issued a certificate of coverage pursuant to this general permit. Part III Page 15 of 19 Permit No. NCG140000 19. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 20. Process Wastewater For the purposes of this permit, process wastewater is wastewater generated from the following activities: (a) Vehicle and equipment cleaning operations. For the purposes of this permit, vehicle and equipment cleaning is limited to the rinsing of the external surfaces of vehicles and equipment. if detergents are used, they must be biodegradable and the wastewater pH adjusted to 6 to 9 standard units (b) Recycle system operations overflow discharge. Overflow discharge refers to a discharge associated with an excessive precipitation event, which produces influent that exceeds the design capacity of the system. By design, a recycle system is closed loop and should not discharge on a routine or continuous basis. As such, the routine or continuous discharge of process wastewater from recycle systems is not authorized under this permit. (c) Raw material stockpile wetting operations. This includes wetting for control of temperature and moisture content. Washing of raw materials is not authorized under this permit. (d) Mixing drum -cleaning operations. This includes vehicle mixing drum and facility mixing drum cleaning. It also includes flushing the bed of a dump truck, if used to deliver concrete to a job site. 21. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 22. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. Part III Page 16 of 19 Permit No. NCG140000 23. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. This structure must have an impervious bottom and walls sealed to hold the chemicals stored within the structure. The walls will preferably be poured concrete, rather than concrete block. 24. Section 313 Water Priority Chemical A chemical or chemical category which: 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 Ill (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 25. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 26. Significant Materials Includes, but is not limited to: raw materials; fuels, materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production, hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers, pesticides; and waste Part ID Page 17 of 19 Permit No. NCG140000 products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 27. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 28. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 29. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 30. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 31. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual, 32. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 33. Total Maximum Daily Load TMDLI TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific waterbody and pollutant. (A list of approved TMDLs for Part III Page 18 of 19 Permit No. NCG140000 the state of North Carolina can be found at http://h2o.eni-.state.ne.us/tmd[/Genera[—TMDLs.htm) 34. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 35. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 36. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 37. Vehicle and equipment cleaning For the purposes of this permit, this cleaning is limited to the rinsing of the external surfaces of vehicles and equipment. If detergents are used, they must be biodegradable and the pH adjusted to 6 to 9 standard units 38. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 39. 25=year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part III Page 19 of 19