HomeMy WebLinkAboutNCG190063_COMPLETE FILE - HISTORICAL_20101209STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
/v
DOC TYPE
C' HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
❑ Q \o ) o a
YYYYM M D D
% r wali
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 9, 2010
Albemarle Sportfishing Boats Inc.
Scott McLaughlin
140 Midway Dr.
Edenton NC 27932
Subject: NOTICE OF INSPECTION
Albemarle Sportfishing Boats
Permit No. NCG190063
Chowan County
Dear Mr. McLaughlin:
On December 1, 2010 Amy Adams of the Washington Regional Office of the Division of Water Quality
(DWQ) inspected Albemarle Sportfishing Boats in Chowan County to determine compliance with Federal
NPDES general Stormwater Management Permit Number NCG190063 issued on February 6, 2004.
DWQ file review and site inspection revealed that the site is compliant with the terms and conditions of
this permit Please find a copy of the completed form entitled "Stormwater Inspection Report" attached to
this letter.
Please be advised that you are required to comply with the terms, conditions and limitations of your
Federal NPDES general Stormwater Management Permit under North Carolina General Statute 143-
214.7, including operation and maintenance of your permitted stormwater system.
If the project has changed name, ownership or mailing address, a formal change of name/ownership form
must be submitted to DWQ within 30 calendar days detailing the change. Please provide the name,
mailing address and phone number of the person or entity that is now responsible for this permit.
Please be advised that violations of your Stormwater Management Permit may be subject to the
assessment of civil penalties of up to $25,000 per day per violation. If you have any questions please
contact the Amy Adams at the Washington Regional Office, telephone number (252) 946-6481.
Sincerely,
DoI�ULLe� Y w
Amy Adams
Environmental Senior Specialist
Stormwater and Wetlands Branch
Washington Regional Office
Enclosure: Stormwater Inspection Report
North Carolina Division of Water Quality Internet: www.ncwatergualitv.org
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NortthCa+rolliina
An Equal Opportunity/Affirmative Action Employer- 50%Recycled110% Post Consumer Paper Naturally
cc: John Hennessy-NPS-ACOU
WaRO Piles
DWQ Central Files
Permit:
NCG190063
SOC:
County:
Chowan
Region:
Washington
Compliance Inspection Report
Effective: 10/01/09 Expiration: 09/30/14 Owner: Albemarle Sportflshing.Boats Inc
Effective: Expiration: Facility: Albemarle Sportfshing Boats Inc
140 Midway Dr
Contact Person: Ramona Phillips
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 1210112010
Primary Inspector: Amy M Adams
Secondary Inspector(s):
Edenton NC 27932
Title: Phone: 252-482-7423
Certification: Phone:
Entry Time: 02:03 PM Exit Time: 03:35 PM
Phone:
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Ship and Boat Building Slormwater Discharge COC
Facility Status: ■ Compliant C1 Not Compliant
Question Areas:
0 Storm Water
(See attachment summary)
Page: 1
l
It
Permit: NCG190063 Owner - Facility: Albemarle Sportfishing Boats Inc
Inspection Date: 12/01/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Facilty does great job at monitoring and compliance with NPDES Stormwater permit. Nearly 100% of industrial acitivity is
under roof. Other than noted bulk storage containers, all materials are either stored under roofline and/or have secondary
containment. SPPP and record keeping is compliant with terms and conditions of permit. Facilty may qualify for a No
Exposure Certification. No Exposure Certification information forwarded to complaince officer: Contact is Ramona Philips,
CA and Safety Manager, rphillips@albemarleboats.com
Page:2
J
Permit: NCG190063 Owner - Facility: Albemarle Sportfshing Boats Inc
Inspection Date: 12/01/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Stormwater Pollution Prevention Plan
Yes No
NA
NE
Does the site have a Stormwater Pollution Prevention Plan?
■
❑
❑
❑
# Does the Plan include a General Location (USGS) map?
■
❑
❑
❑
# Does the Plan include a "Narrative Description of Practices"?
■
Cl
❑
❑
# Does the Plan include a detailed site map including oulfall locations and drainage areas?
■
❑
❑
❑
# Does the Plan include a list of significant spills occurring during the past 3 years?
■
❑
❑
Cl
# Has the facility evaluated feasible alternatives to current practices?
■
❑
❑
❑
# Does the facility provide all necessary secondary containment?
Cl
■
❑
❑
# Does the Plan include a BMP summary?
■
❑
❑
Cl
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
■
❑
❑
❑
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
■
❑
❑
❑
# Does the facility provide and document Employee Training?
■
❑
❑
❑
# Does the Plan include a list of Responsible Parly(s)?
■
❑
❑
Cl
# Is the Plan reviewed and updated annually?
■
❑
❑
❑
# Does the Plan include a Stormwater Facility Inspection Program?
■
❑
❑
❑
Has the Stormwater Pollution Prevention Plan been implemented?
■
❑
❑
❑
Comment: Two small bulk liquid containers did not have secondary containment at the
time of inspection. However, these tanks had been recently moved and secondary
containment is planned.
Qualitative Monitoring
Yes
No
NA
NE
Has the facility conducted its Qualitative Monitoring semi-annually?
■
❑
❑
❑
Comment: Records of monitoring kept on site as per permit requirements. Qualitative
Monitoring performed as outlined in permit.
Analytical Monitoring
Yes
No
NA
NE
Has the facility conducted its Analytical monitoring?
■
❑
❑
❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas?
■
❑
❑
❑
Comment: Analytical monitoring results provided and documented on site as per
permit requirements.
Permit and Clutfalls
Yes
No
NA
NE
# Is a copy of the Permit and the Certificate of Coverage available at the site?
■
❑
❑
❑
# Were all outfalls observed during the inspection?
■
❑
❑
❑
# If the facility has representative outfall status, is it properly documented by the Division?
❑
❑
■
❑
Page: 3
1
f
Permit: NCG190063 I Owner- Facility: Albemarle Sportfshing Boats Inc
Inspection Data: 12/01/2010 Inspection Type: Compliance Evaluation
# Has the facility evaluated all illicit (non stonnwater) discharges?
Comment: Facility does not have representative outfall status.
Reason for Visit: Routine
■ ❑ ❑ ❑
Page:4
Permit Number NCG190063
Program Category
NPDES SW
Permit Type
Ship and Boat Building Stormwater Discharge CDC
Primary Reviewer
ken.pickle
Coastal SW Rule
Permitted Flow
Facility Name
Albemarle Sportfishing Boats Inc
Central Files: APS SWP
11/19/10
Permit Tracking Slip
Status
Project Type
Active
Renewal
Version
Permit Classification
3.00
COC
Permit Contact Affiliation
Major/Minor Region
Minor Washington
Location Address County
140 Midway Dr Chowan
Edenton NC 27932 Facility Contact Affiliation
Owner Name
Owner Type
Albemarle Sportfishing Boats Inc
Non -Government
Owner Affiliation
Scott McLaughlin
140 Midway Dr
Edenton
NC 27932
Dates/Events
Scheduled
Orig Issue App Received Draft Initiated Issuance
Public Notice Issue
Effective Expiration
02/06/04 05/27/09
10/01/09
10/01/09 09/30/14
Regulated Activities Reauested/Received Events
Ship and boat building and repairing RO staff report received
RO staff report requested
Outfall 001
Waterbody Name Stream Index Number Current Class Subbasin
ALBEMARLE SOUND 30 SB 03-01-52
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Alan W. Klimek, Director
Nls. Ramona Phillips
Albemarle Sportfishing Beals, Inc.
140 Mldwav Drive
Edenton. North Carolina 27932
Dear Ms. Phillips:
`11?WA
NCDENR
NORTH CA�RROOLLIN,AA DEPARTMENT OF
ENVI RON M ErtrRfvA<D;I ATplR(AI-�I-0OURCES
February 6, 2004 FEB 2 0 2004
DWQ-WARO
Subject: General Permit No. NCG190000
Albemarle Sportfishing Boats, Inc.
COC NCG 190063
Chowan County
In accordance with your application for discharge permit received on January 22, 2004, we are
forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES
general permit. This permit is issued pursuant to the requirements of North Carolina General Statute
143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental
Protection agency dated May 9, 1994 (or as subsequently amended).
If any parts, measurement frequencies, or sampling requirements contained in this permit are
unacceptable to you, you have the right to request an individual permit by submitting an individual
permit application. Unless such demand is made, this certificate of coverage shall be final and binding.
Please take notice that this certificate of coverage is not transferable except after notice to the
Division of Water Quality, The Division of Water Quality may require modification or revocation and
reissuance of the certificate of coverage.
This permit does not affect the legal requirements to obtain other permits which may be required
by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area
Management Act, or any other Federal or Local governmental permit that may be required.
If you have any questions concerning this permit, please contact Ken Pickle at telephone number
(919) 733-5083 ext. 584.
Sincerely,
ORIGINAL SIGNED BY
WILLIAM C. MILLS
Alan W. Klimek- P. E.
cc: Washington Regional Office
Central Files
Stonnwater and General Permits Unit Files
SWU-259-01 IMI
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
. GENERAL PERMIT NO. NCG190000
CERTIFICATE OF COVERAGE No. NCG190063
STORMWATER 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,
Albemarle Sportfishing Boats, Inc.
is hereby authorized to discharge stormwater from a facility located at
Albemarle Sportfishing Boats, Inc.
140 Midway Drive
Edenton, North Carolina
Chowan County
to receiving waters designated as Albemarle Sound, a class SB water in the Pasquotank River Basin
in accordance with the ernuent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III,
IV, V, and VI of General Permit No. NCG 190000 as attached.
This certificate of coverage shall become effective February 6, 2004.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day February 6, 2004. ORIGINAL SIGNED BY
WILLIAM C. MILLS
Alan W. Klimek, Director
Division of Water Quality
By Authority of the Environmental Management Commission
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Stormwater Inspection Checklist
Type of Visit: ❑ Compliance Inspection/Program kQTechnical Assistance ❑ Recon
Location: F_'Ap.Aof\
Facility Name: My*vf )e(s OC#.\MU . Date: tatito
Time in: � 03 •Time Out . Name/Title of contact(s):'
Stream Name Classification RiverBasin
Y5S
NO
NA
N
1.
Is a copy of the Permit and the Certificate of Coverage available at the site?
❑
❑
❑
2.
Does the Plan include a General Location (USGS) map?
1�
❑
❑
❑
3.
Does the Plan include a "Narrative Description of Practices"?
0
❑
❑
❑
4.
Does the Plan include a detailed site map including outfall locations?
1�
❑
❑
❑
5.
Does the Plan include a list of significant spills in the past 3 years?
❑
❑
d
❑
6.
Has the facility evaluated all illicit (non stormwater) discharges to the storm
Sewer system?
Z
❑
❑
❑
7.
Has the facility evaluated feasible alternatives to current practices?
�1
❑
❑
❑
8.
Does the facility provide all necessary secondary containment?
�J
❑
❑
❑
9.
Does the Plan include a BMP summary?
❑
❑
❑
10.
Does the Plan include a Spill Prevention and Response Plan (SPRP)?
❑
❑
❑
11.
Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
z
❑
❑
❑
12.
Does the facility provide and document Employee Training?
�(]
❑
❑
❑
13.
Does the Plan include a list of Responsible Party(s)?
❑
❑
❑
❑
14.
Is the Plan reviewed and/or updated annually?
z
❑
❑
❑
15.
Does the Plan include a Stormwater Facility Inspection Program?
0
❑
❑
❑
16.
Has the Plan been implemented?
❑
❑
❑
❑
17.
Has the facility conducted its Qualitative Monitoring semi-annually?
❑
❑
❑
❑
18.
Has the facility conducted its Quantitative (Analytical) monitoring?
ZI
❑
❑
❑
19. Does the facility have Vehicle Maintenance activities on site (uses more than
55 gallons of new motor oil per month)? ❑ V1 ❑ ❑
19a. Has the facility conducted its Annual Quantitative (Analytical) monitoring at outfalls
receiving runoff from Vehicle Maintenance areas? E ] ❑ F1 . El
20. Were all outfalls observed during the inspection? ❑ ❑ ❑
21. If the facility has representative outfall status, is it properly documented by the
Division? Z ❑ ❑
Comments:
M4 `,� �r RE Sera
�v V' Uiew I�� vtiiona����AIi�S. r (I Irvdus�r�a( �'iiv, BPS ar'e
I,ll'av, f;ooFS .
Inspector Name: . Date:
BIMS QUESTIONS FOR NCG190000
Facility Name: AIbeyvi(ia�bbob COC# 9Col¢3
Best Management Practices
Yes No N/A NE
Site: Has everything possible been done to divert and/or filter runoff
water, such as:
1. The site is covered with crushed stone; ® ❑ ❑ ❑
2. Buffers were created around the site, ie: plantings, filter strips etc.;
❑
❑
❑
3. Slopes are managed at site to minimize runoff; [�
❑
❑
❑
4. Roofs or secondary containment is provided around any materials
stored outside. ❑ ❑ ❑
Boat Maintenance & Repair: Have precautions been taken to recover
pollutants at the source, such as;
1. Maintenance and repair work is performed inside buildings; ❑ ❑ ❑
2. Sandblasting is performed within buildings, spray booths, or tarp
enclosures; � ❑ ❑ ❑
3. Vacuum sanders or other methods to collect paint dust and chips
are used when prepping hulls;
*4. Power washing is done on site;
*5. Water from the power washing is collected and treated prior to
discharge;
❑
❑
❑
*6. If the answer to #5 is yes, is there a permit for the wastewater
discharge? ❑ ❑ ❑ ❑
7. Uses or encourages the use of phosphate free and biodegradeable
detergents; R] ❑ ❑ ❑
8. Uses or encourages the use of low -toxicity or non -toxic anti -fouling
paints; ® ❑ ❑ ❑
9. Uses or encourages the use of non -toxic antifreeze for wintering
engines; IN ❑ ❑ ❑
10. Recovers antifreeze when possible; In ❑ ❑ ❑
11. Has a pump -out station available; —[�r K ❑ ❑
Yes No N/A NE
12. If # 11 is yes- it is regularly inspected with pumping records
maintained and available for inspection. ❑ ❑ ❑ ❑
Fueling Activities: Have petroleum spill prevention practices been
Implemented such as:
1.
permittee has a regular inspection program for hoses, pipes and
tanks;
Z
❑
❑
❑
2.
permittee is using emergency shutoffs on fuel lines;
❑
❑
❑
3.
permittee has removed the lock on fuel nozzles that are used to
hold open the nozzle without being held;
❑
❑
1
❑
4.
trains staff in spill prevention, containment & clean-up procedures;
4
❑
❑
❑
5.
Oil absorbent material is available for use at fuel tanks;
®
❑
❑
❑
6.
prohibits the use of detergents & emulsifiers on fuel spills;
tZI
❑
❑
❑
7.
has information on disposal of oil spill response equipment;
❑
❑
❑
8.
Secondary containment is provided around fuel storage;
❑
❑
❑
• A positive answer on # 4or 5 under boat maintenance
repair will require comments.
Inspection comments:
Inspector
signature Date:
Elizabeth City, NC to Albemarle Sportfishing Boats - Google Maps http://maps.google.com/maps?fid&source=s_d&saddr—Elizabeth+City...
Google maps Directions to Albemarle Sport fishing Boats
1 140 Midway Drive, Edenton, NC 27932-8908 - (252) 482-7423
31.0 mi — about 41 mina
Save trees. Go green!
Da.>7s1oadG gle Maps on your
phone at guogle.wm/gmm j
QElizabeth City, NC
1. Head southeast on Providence Rd toward S Hughes Blvd
go o.1 mi
total 0.1 mi
7 2. Turn right at US-17 S/S Hughes Blvd
go 4.6 mi
Continue to follow US-17 S
total 4.7 mi
About 5 mire
17 3. Take the ramp onto US-17 S
go 18.0 mi
About 20 mire
total 22.7 mi
37 4. Turn left at N Carolina 37 S
go 4.7 mi
About 8 mins
total 27.4 mi
92 5. Continue onto N Carolina 32 S/Haughton Rd
go 0.6 mi
About 2 mire
total 28.0 mi
94 8. Turn right at N Carolina 94 WSound Side Rd
go 2.7 mi
About 7 mins
total 30.8 mi
4 7. Turn left at Midway Dr
go 0.2 mi
total 30.9 mi
8. Tian right
go 390 ft
total 31.0 mi
B Albemarle Sponflshing Boats
140 Midway Drive, Edenton, NC 27932-8908 - (252) 482-7423
These direction we for planning grposes avy. You may find tnet CoraaUmian agects, tragic, v flnsr, a other ev may cause condtms to differ from ae map resuss, and you aold Plan your
route accardrgy. You mat obey at signs a notices regarding you route.
M.p daa 02010 Googis
Direction verenl rigls? Please fiM yar route m maps.googlecan aid tick "Report a problem" at l ie batsxn left
1 of 1 12/1/2010 8:21 AM
Permit No. NCG190000
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG190000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission and the Federal Water Pollution Control Act, as amended, this permit
is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit
as evidenced by receipt of a Certificate of Coverage by the Environmental Management
Commission to allow the discharge of stormwater to the surface waters of North Carolina or
separate storm sewer systems conveying stormwater to surface waters in accordance with the
terms and conditions set forth herein.
Coverage under this General Permit is applicable to all owners or operators of stormwater point
source discharges associated with activities classified as establishments primarily engaged in
operating Marinas [standard industrial classification (SIC) 4493] that provide vehicle
maintenance activities, and Ship and Boat Building and Repairing [SIC 373]; and like
activities deemed by DWQ to be similar in the process and/or the exposure of raw materials,
products, by-products, or waste materials.
This General Permit does not authorize discharges at the facility containing waste streams
including, but not limited to, bilge and ballast water, cooling water, sanitary wastes, power and
hand washing, blasting, sanding, and fish cleaning stations. A separate wastewater permit may
be required for these and other similar wastewater discharges.
The General Permit shall become effective on October 1, 2009.
The General Permit shall expire at midnight on September 30, 2014.
Signed this 18`h day of September, 2009.
Original Signed by Chuck Wakild
for Coleco H. Sullins, Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCG190000
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: General Permit Coverage
Section B: Permitted Activities
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: Qualitative Monitoring Requirements
PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS
Section A: Compliance and Liability
I. Compliance Schedule
2. Duty to Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
5. Oil and Hazardous Substance Liability
6. Property Rights
7. Severability
8. Duty to Provide Information
9. Penalties for Tampering
10. Penalties for Falsification of Reports
Section B: General Conditions
1. General Permit Expiration
2. Transfers
3. When an Individual Permit May be Required
4. When an Individual Permit May be Requested
5. Signatory Requirements
6. General Permit Modification, Revocation and Reissuance, or
Termination
7. Certificate of Coverage Actions
1
Permit No. NCG 190000
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1.
Representative Sampling
2,
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Representative 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
ii
Permit No. NCG190000
PART I INTRODUCTION
SECTION A: GENERAL PERMIT COVERAGE
All persons desiring to be covered by this General Permit must register with the Division of Water
Quality by the filing of a Notice of Intent (NOI) and applicable fees. The 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.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR
§ 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge
permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion from permitting
must submit a No Exposure Certification NOI form to the Division, must receive approval by the
Division, must maintain no exposure conditions unless authorized to discharge under a valid NPDES
stormwater permit, and must reapply for the No Exposure Exclusion once every five (5) years.
Any facility may apply for new or continued coverage under this permit until a Total Maximum Daily
Load (TMDL) for pollutants for stormwater discharges is established. A TMDL sets a pollutant loading
limit that affects a watershed, or portion of a watershed, draining to an impaired water. For stormwater
discharges to watersheds affected by a TMDL, coverage under this permit may depend on the
facility demonstrating it does not have reasonable potential to violate applicable water quality
standards for those pollutants as a result of discharges. If the Division determines that discharges
have reasonable potential to cause water quality standard violations, the facility shall apply for an
individual permit 180 days prior to the expiration date of this general permit, and once that permit is
effective, will no longer have coverage under this general permit. [Note the facility must identify
impaired waters (scheduled for TMDL development) and waters already subject to a TMDL in the Site
Plan, as outlined in the Stormwater Pollution Prevention Plan (SPPP), Part II, Section A.1.]
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee
is authorized to discharge stormwater associated with the industrial activity. Such discharges shall be
controlled, limited, and monitored as specified in this permit.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to
the surface waters of North Carolina or separate storm sewer system which has been adequately treated
and managed in accordance with the terms and conditions of this General Permit. All discharges shall be
in accordance with the conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-
stormwater discharge or is covered by another permit, authorization, or approval. The stormwater
Part I and 11 Page 1 of 9
Permit No. NCG 190000
discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality
Standards.
This General Permit does not allow discharges determined by the Division of Water Quality to be
wastewaters. The discharge and/or disposal of vehicle wash water or vehicle rinse water is not permitted
by this General Permit. Wash water and rinse water must be directed to a sanitary sewer system or
permitted by a separate wastewater permit issued by the Division. The discharge and/or disposal of any
paints, solvents, petroleum, diesel oil or oil/water compounds applied to any surface of the vehicles is not
permitted by this General Permit.
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.
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan.
This Plan shall be considered public information in accordance with Part III, Standard Conditions,
Section E, Paragraph 3 of this General Permit. The Plan shall include, at a minimum, the following
items:
Site Plan. The site plan shall provide a description of the physical facility and the potential
pollutant sources which may be expected to contribute to contamination of stormwater
discharges. The site plan shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent
map), showing the facility's location in relation to transportation routes and surface
waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges,
or if the discharge is to a municipal separate storm sewer system, the name of the
municipality and the ultimate receiving waters, and accurate latitude and longitude of
the point(s) of discharge. The general location map (or alternatively the site map) shall
identify whether each receiving water is impaired (on the state's 303(d) list of impaired
waters) or is located in a watershed for which a TMDL has been established, and
what the parameter(s) of concern are.
(b) A narrative description of storage practices, loading and unloading activities, outdoor
process areas, dust or particulate generating or control processes, and waste disposal
practices. A narrative description of the potential pollutants which could be expected to
be present in the stormwater discharge from each outfall.
(c) A site map drawn at a scale sufficient to clearly depict: the site property boundary, the
stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands,
industrial activity areas (including storage of materials, disposal areas, process areas,
loading and unloading areas, and haul roads), site topography, all drainage features and
structures, drainage areas for each outfall, direction of flow in each drainage area,
industrial activities occurring in each drainage area, buildings, existing BMPs, and
impervious surfaces. The site map shall include a distance legend and must indicate the
percentage of each drainage area that is impervious. In addition, the following industrial
Part I and II Page 2 of 9
Permit No. NCG190000
activity areas must also be identified on the site map: fueling, engine maintenance and
repair, vessel maintenance and repair, washing, painting, sanding, blasting, welding, and
metal fabrication.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility during
the three (3) previous years and any corrective actions taken to mitigate spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges. The certification statement will be signed in accordance with the
requirements found in Part ITI, Standard Conditions, Section B, Paragraph 5. The
permittee shall re -certify annually that the stormwater outfalls have been evaluated for
the presence of non-stormwater discharges.
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 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 stormwater runoff away
from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is required
for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of
the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals;
and storage in any amount of hazardous substances, in order to prevent leaks and spills
from contaminating stormwater runoff. A table or summary of all such tanks and stored
materials and their associated secondary containment areas shall be maintained. If the
secondary containment devices are connected to stormwater conveyance systems, the
connection shall be controlled by manually activated valves or other similar devices
(which shall be secured closed with a locking mechanism), and any stormwater that
accumulates in the containment area shall be at a minimum visually observed for color,
foam, outfall staining, visible sheens and dry weather flow, prior to release of the
accumulated stormwater. Accumulated stormwater shall be released if found to be
uncontaminated by any material. Records documenting the individual making the
observation, the description of the accumulated stormwater, and the date and time of the
release shall be kept for a period of five years.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMP) shall be provided. The installation and implementation of BMPs shall
be based on the assessment of the potential for sources to contribute significant
quantities of pollutants to stormwater discharges and data collected through monitoring
of stormwater discharges. The BMP Summary shall include a written record of the
specific rationale for installation and implementation of the selected site BMPs. The
BMP Summary shall be reviewed and updated annually.
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 the team) responsible for implementing the SPRP shall be
identified in a written list incorporated into the SPRP and signed and dated by each individual
Part I and II Page 3 of 9
Permit No. NCG190000
acknowledging their responsibilities for the plan. A responsible person shall be on -site at all
times during facility operations that have the potential to contaminate stormwater runoff through
spills or exposure of materials associated with the facility operations. The SPRP must be site
stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan
(SPCC) may be a component of the SPRP, but may not be sufficient to completely address the
stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be
incorporated by reference into the SPRP.
4. Solvent Management Plan. The Solvent ManagementPlan shall be incorporated as a separate
chapter into the Stormwater Pollution Prevention Plan (SPPP). The Solvent Management Plan shall
include an annually updated and quantified inventory of the solvents present on site during the
previous three years; a narrative description of the in -plant locations and uses of the solvents, the
method of disposal including quantities disposed on -site and off -site; and the management
procedures and engineering measures for assuring that solvents do not spill or leak into stormwater.
If solvents are not stored or used onsite, then the owner must certify that in the SPPP. DWQ may at
its discretion require submittal, review, and approval of the Solvent Management Plan. The
discharger shall include the following signed certification statement on each discharge monitoring
report: "Based upon my inquiry of the person or persons directly responsible for managing
compliance with the permit requirement for managing solvents, I certify that to the best of my
knowledge and belief, no leak, spill, or dumping of concentrated solvents into the stormwater or onto
areas which are exposed to rainfall or stormwater runoff has occurred since filing the last discharge
monitoring report. I further certify that this facility is implementing all the provisions of the Solvent
Management Plan included in the Stormwater Pollution Prevention Plan."
5. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and
good housekeeping program shall be developed. The program shall list all stormwater control
systems, stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands,
industrial activity areas (including material storage areas, material handling areas, disposal areas,
process areas, loading and unloading areas, and haul roads), all drainage features and structures,
and existing structural BMPs. The program shall establish schedules of inspections,
maintenance, and housekeeping activities of stormwater control systems, as well as facility
equipment, facility areas, and facility systems that present a potential for stormwater exposure or
stormwater pollution. Inspection of material handling areas and regular cleaning schedules of
these areas shall be incorporated into the program. Timely compliance with the established
schedules for inspections, maintenance, and housekeeping shall be recorded in writing and
maintained in the SPPP.
6. Employee Training. Training programs shall be developed and training provided at a minimum
on an annual basis for facility personnel with responsibilities for: spill response and cleanup,
preventative maintenance activities, and for any of the facility's operations that have the potential
to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the
training shall be identified, and their annual training shall be documented by the signature of
each employee trained. Additional required training items include: used oil management, spent
solvent management, disposal of spent abrasives, disposal of vessel wastewaters, fueling
procedures, sanding, painting and blasting procedures, and used battery management.
7. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and revision
to the Plan. Responsibilities for all components of the Plan shall be documented and position
assignments provided.
Part I and H Page 4 of 9
Permit No. NCG190000
8. 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. All aspects of the Stormwater Pollution Prevention
Plan shall be reviewed and updated on an annual basis. The annual update shall include an
updated list of significant spills or leaks of pollutants for the previous three years, or the notation
that no spills have occurred. The annual update shall include written re -certification that the
stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each
annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed
in the BMP Summary of the Stormwater Management Plan.
The Director may notify the permittee when the Plan does not meet one or more of the minimum
requirements of the permit. Within 30 days of such notice, the permittee shall submit a time
schedule to the Director for modifying the Plan to meet minimum requirements. The permittee
shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B,
Paragraph 5) to the Director that the changes have been made.
Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of
the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual
schedule, once during the first half of the year (January to June), and once during the second half
of the year (July to December), with at least 60 days separating inspection dates (unless
performed more frequently than semi-annually). These facility inspections are different from,
-and in addition to, the stormwater discharge characteristic monitoring required in Part II of this
permit.
10. Implementation. The permittee shall implement the Plan. Implementation of the Plan shall
include documentation of all monitoring, measurements, inspections, maintenance activities, and
training provided to employees, including the log of the sampling data and of actions taken to
implement BMPs associated with the industrial activities, including vehicle maintenance
activities. Such documentation shall be kept on -site for a period of five years and made available
to the Director or the Director's authorized representative immediately upon request.
Part I and 11 Page 5 of 9
Permit No. NCG190000
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. Sampling results
shall be reported as described in Part III, Section E.
Table 1. Analvtical Monitorine Reauirements
Discharge:
'Characteristics
Units
Measurement '
Fre uenc�l
Sample'
Type2
Sample'
Location3
H
standard
semi-annual
Grab
SDO
TSS, Total Suspended Solids
m /l
semi-annual
Grab
SDO
Copper, total recoverable
mg/1
semi-annual
Grab
SDO
Aluminum, total recoverable
mg/1
semi-annual
Grab
SDO
Lead, total recoverable
m I
semi-annual
Grab
SDO
Zinc, total recoverable
m /l
semi-annual
Grab
SDO
Oil & Grease
mg/1
semi-annual
Grab
SDO
Total Rainfall4
inches
semi-annual
Rain gauge
Footnotes:
I Measurement Frequency: Twice per year during a representative storm event.
2 Grab samples shall be collected within the first 30 minutes of discharge. .
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall
status has been granted.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local
rain gauge reading must be recorded.
All analytical monitoring shall be performed during a representative storm event at each stormwater
discharge outfall (SDO).
A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time
between this storm event and the previous storm event measuring greater than 0.1 inches must be at least
72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if
it rains but stops before producing any collectable discharge, a sample may be collected if the next rain
producing a discharge begins within 10 hours.
The permittee shall complete the analytical samplings in accordance with the schedule specified in Table
2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly
monitoring has been instituted under a Tier Two response.
Part I and 11 Page 6 of 9
Permit No. NCG190000
Table 2. Monitoring Schedule
Monitoring periodt'2
Sample
Start
End
Year 1 — Period 1
1
October 1, 2009
March 31, 2010
Year 1— Period 2
2
April 1, 2010
September 30, 2010
Year 2 —Period 1
3
October 1, 2010
March 31, 2011
Year 2— Period 2
4
April 1, 2011
September 30, 2011
Year 3 — Period 1
5
October 1, 2011
March 31, 2012
Year 3 — Period 2
6
April 1, 2012
September 30, 2012
Year 4 — Period 1
7
October 1, 2012
March 31, 2013
Year 4 — Period 2
8
April 1, 2013
September 30, 2013
Year 5 — Period 1
9
October 1, 2013
March 31, 2014
Year 5 — Period 2
10
April 1, 2014
September 30, 2014
Footnotes:
1 Maintain semi-annual monitoring during permit renewal process. if at the expiration of the general permit,
the permittee has submitted an application for renewal of coverage before the submittal deadline, the
permittee will be considered for renewed coverage. The applicant must continue semi-annual monitoring
until the renewed Certificate of Coverage is issued.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating
"No Flow" within 30 days of the end of the six-month sampling period.
In all cases, the permittee shall report the analytical results from the first sample with valid results within the
monitoring period. The permittee shall compare those results to the benchmark values in Table 3.
Monitoring results in Year 1 and 2 are not subject to the tiered response actions shown on the
following page. Beginning with the monitoring in Year 3 — Period I (Sample 5), exceedences of benchmark
values require the permittee to increase monitoring, increase management actions, increase record keeping,
and/or install stormwater Best Management Practices (BMPs) in a tiered program. See the descriptions of
Tier One and Tier Two response actions on page 8 below.
Table 3. Benchmark Values for Analvtical Monitoring Requirements
Discharge Characteristics "
Benchmark Value
H
Within the range 6.0 - 9.0
TSS, Total Suspended Solids
100 m /l
Copper, total recoverable]
0.007 mg/1
Aluminum, total recoverable
0.75 m I
Lead, total recoverable
0.03 m I
Zinc, total recoverable
0.067 m /I
Oil & Grease
30 m /1
Footnotes:
I Benchmark value is dependent on water hardness; value in Table 3 is based on a water hardness of 50 mg/l.
Part I and H Page 7 of 9
Permit No. NCG190000
' Tier One .' ,
If: The first valid sampling results beginning in Year 3 that are above a benchmark value, or outside of the
benchmark range, for any parameter at any outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedence.
3. Identify potential and select the specific: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, or to bring concentrations
within the benchmark range.
4. Implement the selected actions within two months of the inspection.
5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include
the date and value of the benchmark exceedence, the inspection date, the personnel conducting the
inspection, the selected actions, and the date the selected actions were implemented.
Tien Two '
If: Beginning in Year 3, the first valid sampling results from two consecutive monitoring periods are above
the benchmark values, or outside of the benchmark range, for any specific parameter at a specific
discharge outfall;
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result
exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative)
monitoring shall continue until three consecutive sample results are below the benchmark values or
within the benchmark range.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating "No Flow" to comply with reporting requirements.
4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan.
Beginning in Year 3, if the valid sampling results required for the permit monitoring periods exceed the
benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on
four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of
receipt of the fourth analytical results. DWQ may:
• require that the permittee revise, increase, or decrease the monitoring frequency for the remainder
of the permit;
• rescind coverage under the General Permit, and require that the permittee apply for an individual
stormwater discharge permit;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures; or
• require that the permittee implement site modifications to qualify for the No Exposure Exclusion.
Part 1 and 11 Page 8 of 9
Permit No. NCG 190000
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status; and shall be performed as specified below in Table 4. No analytical tests
are required. Qualitative monitoring of stormwater outfalls must be performed during a representative
storm event.
Table 4. Oualitative Monitorine Remtirements
�Dischar a Characteristics
Frequency ,
Monitorin Location]
Color
Semi -Annual
SDO
Odor
Semi -Annual
SDO
Clarity
Semi -Annual
SDO
Floating Solids
Semi -Annual
SDO
Suspended Solids
Semi -Annual
SDO
Foam
Semi -Annual
SDO
Oil Sheen
Semi -Annual
SDO
Erosion or deposition at the outfall
Semi -Annual
SDO
Other obvious indicators of stormwater pollution
Semi -Annual
SDO
Footnotes:
I Monitoring Location: Qualitative monitoring shall be performed at each stormwater
discharge outfall (SDO) regardless of representative outfall status.
If the permittee's qualitative monitoring indicates either that existing stormwater BMPs are ineffective, or that
significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the
feasibility of corrective actions, and implement those corrective actions appropriate. A written record of the
permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution
Prevention Plan.
Qualitative monitoring is for the purposes of evaluating the effectiveness of the Stormwater Pollution
Prevention Plan (SPPP), assessing new sources of stormwater pollution, and prompting the permittee's
response actions to pollution. If the permittee repeatedly fails to respond effectively to correct problems
identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard
violation, DWQ may:
• require that the permittee revise, increase, or decrease the monitoring frequency for the remainder
of the permit;
• rescind coverage under the General Permit, and require that the permittee apply for an individual
stormwater discharge permit;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures; or
• require that the permittee implement site modifications to qualify for the No Exposure Exclusion.
Qualitative monitoring will be performed twice per year, in accordance with the schedule in
Table 2. A minimum of 60 days must separate Period I and Period 2 monitoring dates, unless
monthly sampling has been instituted under a Tier Two response as part of other analytical monitoring
requirements in this permit.
Part I and 11 Page 9 of 9
Permit No. NCG190000
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 already operating, but applying for coverage under this General Permit for the
first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within
12 months of the effective date of the initial Certificate of Coverage issued pursuant to this
General Permit and updated thereafter on an annual basis. Secondary containment, as specified
in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of
the effective date of the initial Certificate of Coverage.
New facilities applying for permit coverage for the first time and existing facilities previously
permitted and applying for renewal under this General Permit: All requirements, conditions,
limitations, and controls contained in this permit become effective immediately upon issuance of
the Certificate of Coverage. The Stormwater Pollution Prevention Plan shall be developed and
implemented prior to the beginning of discharges from the operation of the industrial activity and
be updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section
A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from
the operation of the industrial activity.
2. Duty to Comply
The permittee must comply with all conditions of this General Permit. Any permit
noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement
action; for certificate of coverage termination, revocation and reissuance, or modification; or
denial of a certificate of coverage upon renewal application.
a. The permittee shall comply with standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants within the time provided in the regulations that establish
these standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a
civil penalty not to exceed $25,000 per day for each violation. Any person who negligently
violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of
violation, or imprisonment for not more than 1 year, or both. Any person who knowingly
violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of
violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a
permit condition may be assessed an administrative penalty not to exceed $10,000 per violation
with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC
1319 and 40 CFR 122.41(a).]
c. Understate law, a daily civil penalty of not more than ten thousand dollars ($10,000) per
violation may be assessed against any person who violates or fails to act in accordance with the
terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-
215.6A]
Part III, IV, and V Page I of 10 Pages
Permit No. NCG 190000
Any person may be assessed an administrative penalty by the Director for violating section 301,
302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing
any of such sections in a permit issued under section 402 of the Act. Administrative penalties for
Class I violations are not to exceed $10,000 per violation, with the maximum amount of any
Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed
$10,000 per day for each day during which the violation continues, with the maximum amount of
any Class II penalty not to exceed $125,000.
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 D of this permit regarding bypassing of stormwater control
facilities, nothing in this General Permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-
215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore,
the permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
5. Oil and Hazardous Substance Liability
Nothing in this General Permit shall be construed to preclude the institution of any legal action
or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is
or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC
1321.
6. Property Rights
The issuance of this General Permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of federal, state or local laws or regulations.
7. 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.
Part III, IV, and V Page 2 of 10 Pages
Permit No. NCG190000
9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this General Permit
shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by
imprisonment for not more than two years per violation, or by both. If a conviction of a person is
for a violation committed after a first conviction of such person under this paragraph, punishment
is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4
years, or both.
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this General Permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
SECTION B: GENERAL CONDITIONS
General Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to discharge
beyond the expiration date, the permittee shall submit forms and fees as are required by the
agency authorized to issue permits no later than 180 days prior to the expiration date. Any
permittee that has not requested renewal at least 180 days prior to expiration, or any permittee
that does not have a permit after the expiration and has not requested renewal at least 180 days
prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-
2153.6 and 33 USC 1251 et. seq.
2. Transfers
The certificate of coverage issued pursuant to this General Permit is not transferable to any
person except after notice to and approval by the Director. The Director may require
modification or revocation and reissuance of the certificate of coverage to change the name and
incorporate such other requirements as may be necessary under the Clean Water Act. Permittee
is required to notify the Division within 90 days in the event the permitted facility is sold or
closed.
3. When an Individual Permit May be Required
The Director may require any owner/operator authorized to discharge under a certificate of
coverage issued pursuant to this General Permit to apply for and obtain an individual permit or
an alternative General Permit. Any interested person may petition the Director to take action
under this paragraph. Cases where an individual permit may be required include, but are not
limited to, the following:
a. The discharger is a significant contributor of pollutants;
b. Conditions at the permitted site change, altering the constituents and/or characteristics of
the discharge such that the discharge no longer qualifies for a General Permit;
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Permit No. NCG190000
C. The discharge violates the terms or conditions of this General Permit;
d. A change has occurred in the availability of demonstrated technology or practices for the
control or abatement of pollutants applicable to the point source;
e. Effluent limitations are promulgated for the point sources covered by this General
Permit;
f. A water quality management plan containing requirements applicable to such point
sources is approved after the issuance of this General Permit.
g. The Director determines at his or her own discretion that an individual permit is
required.
4. When an Individual 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;
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Permit No. NCG190000
(2) The authorization specified either an individual or a position having
responsibility for the overall operation of the regulated facility or activity, such
as the position of plant manager, operator of a well or well field, superintendent,
a position of equivalent responsibility, or an individual or position having overall
responsibility for environmental matters for the company. (A duly authorized
representative may thus be either a named individual or any individual
occupying a named position.); and
(3) The written authorization is submitted to the Director.
C. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification; which shall not be modified in any way:
"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 Coverage Actions
The certificate of coverage issued in accordance with this General Permit may be modified,
revoked and reissued, or terminated for cause. The notification of planned changes or
anticipated noncompliance does not stay any General Permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the permittee to
achieve compliance with this General Permit. Proper operation and maintenance also includes
adequate laboratory controls and appropriate quality assurance procedures. This provision
requires the operation of back-up or auxiliary facilities or similar systems which are installed by
a permittee only when the operation is necessary to achieve compliance with the General Permit.
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Permit No. NCG 190000
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.
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
The permittee submitted notices as required under Section E of this Part.
If the Director determines that it will meet the three conditions listed above, the Director may
approve an anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
Representative Sampling
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;
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Permit No. NCG190000
e. The analytical techniques or methods used; and
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 Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges
that are required to be sampled, the permittee may petition the Director for representative outfall
status. If it is established that the stormwater discharges are substantially identical and the
permittee is granted representative outfall status, then.analytical sampling requirements may be
performed at a reduced number of outfalls.
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the
Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be
maintained on -site. The permittee shall retain records of all monitoring information, including
all calibration and maintenance records and all original strip chart recordings for continuous
monitoring instrumentation, and copies of all reports required by this General Permit for a period
of at least 5 years from the date of the sample, measurement, report or application. This period
may be extended by request of the Director at any time.
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;
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;
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Permit No. NCG190000
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 delivered
to the Division no later than 30 days, from the date the facility receives the sampling results from
the laboratory.
When no discharge has occurred from the facility during the report period, the permittee is
required to submit a discharge monitoring report, within 30 days of the end of the six-month
sampling period, giving all required information and indicating "NO FLOW" as per NCAC
T15A 0213 .0506.
The permittee shall record the required qualitative monitoring observations on the SDO
Qualitative Monitoring Report form provided by the Division, and shall retain the completed
forms on site. Visual monitoring results should not be submitted to the Division, except upon
DWQ's specific requirement to do so.
The permittee shall include the signed certification statement described in Part I, Section A.4,
2. Submitting Reports
Two signed copies of Discharge Monitoring Reports (DMRs), shall be submitted to:
Central Files
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
In addition, a separate signed Annual Summary DMR copy shall be submitted to the local DWQ
Regional Office (RO) by March I of each year.
Addresses for each RO and the counties covered by each RO can be found here:
http://www.enr.state.ne.us/html/regionaloffices.htmi. The permittee shall retain the
completed originals on site. Visual monitoring results should not be submitted to the Regional
Offices or Central Files unless specifically requested by DWQ.
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Permit No. NCG190000
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 required by the Act,
analytical data shall not be considered confidential. Knowingly making any false statement on
any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215.613 or in Section 309 of the Federal Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this General Permit coincides with a non-
stormwater discharge, the permittee shall separately monitor all parameters as required under the
non-stormwater discharge permit and provide this information with the stormwater discharge
monitoring report.
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which could significantly alter the nature or quantity of pollutants discharged.
This notification requirement includes pollutants which are not specifically listed in the General
Permit or subject to notification requirements under 40 CFR Part 122.42 (a).
6. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which may result in noncompliance with the General Permit requirements.
Bypass
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall
submit prior notice, if possible at least ten days before the date of the bypass; including
an evaluation of the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming
aware of an unanticipated bypass.
8. Twenty-four Hour 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.
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Permit No. NCG 190000
Skills
The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant
spills as defined in Part VI of this permit. Additionally, the permittee shall report spills
including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen
on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters,
and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours.
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at
the time monitoring reports are submitted.
H . Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of
Intent to be covered under this General Permit or in any report to the Director, it shall promptly
submit such facts or information.
PART IV 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 III, IN, and V Page 10 of 10 Pages
Permit No. NCG 190000
PART VI DEFINITIONS
Act
See Clean Water Act.
2. Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed
in the stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without
added chemicals, springs, discharges of uncontaminated potable water, waterline and fire
hydrant flushings, water from footing drains, flows from riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training
3. Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs
may take the form of a process, activity, or physical structure. More information on BMPs can
be found at: http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm.
4. 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.
5. 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.
6. 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.
7. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended,33 USC 1251,et. seq.
8. Division or DWO
The Division of Water Quality, Department of Environment and Natural Resources.
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Permit No. NCG190000
9. Director
The Director of the Division of Water Quality, the permit issuing authority.
10. EMC
The North Carolina Environmental Management Commission.
11. Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed
(quantitatively or qualitatively) must be taken within the first 30 minutes of discharge.
12. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water
Act.
13. 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.
14. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a
city or town.
15. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a
storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow,
snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material
handling equipment or activities, industrial machinery, raw materials, intermediate products, by-
products, final products, or waste products. DWQ may grant a No Exposure Exclusion from
NPDES Stormwater Permitting requirements only if a facility complies with the terms and
conditions described in 40 CFR §122.26(g)
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. Permtttee
The owner or operator issued a certificate of coverage pursuant to this General Permit.
18. 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.
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Permit No. NCG190000
19. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and
the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm
event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before
producing any collectable discharge, a sample may be collected if the next rain producing a discharge
begins within 10 hours.
20. 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.
21. Rinse Water Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial activity.
Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not
include washwaters utilizing any type of detergent or cleaning agent.
22. 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.
23. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency
Planning and Community Right -to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313
reporting requirements; and ,
C. Meets at least one of the following criteria:
(1) Is listed in appendix D of 40 CFR part 122 on Table 11 (organic priority
pollutants), Table III (certain metals, cyanides, and phenols) or Table tv (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 1 16.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality
criteria.
Part VI Page 3 of 5 Pages
Permit No. NCG190000
24. 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.
25. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and
plastic pellets; finished materials such as metallic products; raw materials used in food
processing or production; hazardous substances designated under section 101(14) of CERCLA;
any chemical the facility is required to report pursuant to section 313 of Title III of SARA;
fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to
be released with stormwater discharges.
26. 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).
27. Stormwater Discharge Outfall (SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance,
including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or
channelized collection areas, from which Stormwater flows directly or indirectly into waters of
the State of North Carolina.
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. Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons,
for a specific water body and pollutant. (A list of approved TMDLs for the state of North
Carolina can be found at http://h2o.enr.state.nc.us/tmdW
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Permit No. NCG 190000
32. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
33. Vehicle Maintenance Activity
Vehicle or vessel rehabilitation, mechanical repairs, painting, fueling, lubrication, cleaning
operations, or airport deicing operations.
34. 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.
35. 25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average,
once in 25 years.
Part VI Page 5 of 5 Pages