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NCS000003_APPLICATION_20100508
STORMWATER-DIVISION CODING -SHEET PERMIT N0. DOC TYPE ❑ FINAL PERMIT ❑ MONITORING INFO t APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ b/ D os (}� YYYYM M DD �CDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Sean Coury Elementis Chronlimn, L.P. 5408 Holly Shelter Road Castle Hayne, North Carolina 28429 Dear Mr. Coury: Division of Nlater Quality Coleen H. Sullins Director April 30, 2010 Dee Freeman Secretary Subject: Final NPDES Storz. iwater Permit Permit NCS000003 Elementis Chromium Castle I-Iayne Plant New Hanover County In response to your renewal application for continued coverage under NPDES stonnwater permit NCS000003, the Division of Water Quality (Division) is forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection agency dated October'15, 2007 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on March 9, 2010. "File qualitative monitoring strategy remains the same (semi-annual) as the previoc ! term of the permit. Please note that analytical monitoring is also required in this permit. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation oHhe Clean Water Act. Reference Part 111, Section A, them 2 "Duty to Comply", Item 9 "Penalties for Tampering " and Item 10 "Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory 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 General Statutes, and filed 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. Part III, 13.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of 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. Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone. 919-807-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748 Internet. wm.ncwaterquality.org An Fanal Om aduniN \ ARirmatwe. Action Fmnlnver c. L. MAY 03 2010 V One NorthiCarolina Naturally Mr. Sean Coury Elementis Chromium Castle Hayne Plant Permit No. NCS000003 If you have any questions or comments concerning this permit, contact Brian Lowther at (919) 807-6368 or briaii.lowtlier@ilcdeiir.gov. Sincerely, OWN& SIGNED BY for Co een I . u ms, Director cc: Wilmington Regional Office, Water Quality Section Mike Mitchell, EPA Region IV Stormwater Permitting Unit Central Piles Attacliments: NPDES Stormwater PermitNCS000003 I, 2 NCS000003 NCS000003 ` nt LI N \<,57 NkpScale 1,24,000 m Elementis Chromium, L.P. Elementis Chromium Castle Rayne Lad tide: 310 22' 19" N Longitude: 770 51' 36" W County: New Hanover Reca ving Stream: Northeast Cape Fear Stream Gass: B; Sw - Sub -barn: 03-06-23 (Cape Fear River Basn) aa�i • N Facility Location Page 3 of 9 NCS000003 Central Office Review Summary: Owner's Other Permits: • NC0003875 - Elcmcntis Chromium L P Castle- 1 MGD CAA — 3712900055, NE144629 2. General Observations: • TRI'releases include Chromium Compound, Load, and Mcrcury. • 2 Outfalls — Natural vegetative swalcs and ditches are used to convey storniwater to Outfalls 004 and 005. • Quarry on -site dug by nearby company fin' building materials. • Stonnwater that falls in process areas of the plant is either collected and used in the process or drained to an internal storm water system for treatment before being discharged through permitted industrial discharges. Process areas are designed to contain any stormwater that falls on them. 'These designs include curbed process areas, lined trench systems, paved roadways and areas beneath pipe racks, an internal stormwater collection system, and grading designed to prevent runoff. • Materials are stored to prevent leaks and reduce the possibility of runoff to stormwater discharges. This includes adequate secondary containment for all product, fuel, and process storage tanks and storing all containers, drums, and bags in covered warehouses to prevent exposure to the weather. • Chromium exists in three distinct forms or valency states,metallic, trivalent and hexavalent. The hazards and practices relating to managing the risk vary depend ng on the form present. Metallic chromium, present in chromium -plated objects and alloys such as stainless steels, is essentially inert. Trivalent compounds occur naturally in the environment in mineral ores, are the most stable and are not classified as hazardous. Commercial uses include pigments, refractories and leather tanning. • Notes show they want to change fuel source. Currently use fuel oil and chrome ore to heat. furnace. They want to change to coal. So they will have to store coal on -site. From the site visit we learned they have no current plans for coal because the price of fuel oil went down. They understand that their SPIT plan must hrchrde coal piles if they do store coal. WiRO Nov 2006: Inspection. No objections to coal storage. There is a rail spur on property that the coal will be stored near. They used coal in the early 90s. The is a concrete pad and conveyor belt in place. Drains to detention pond and dischages with stormwater (from BG notes 5/30/08 Michelle Mayfield URS Corp. ('919) 461-1355.) • From httf)://www.elementiscliromium.com/hse/benefits.litm licxavalent chromium compounds do have recognized hazards and are regulated accordingly. They occur in the primary manufacturing process and are used in some downstunm process industries, such as chromium plating. F,lementis Chromium works to manage these hazards responsibly during manufacture and for the purposes of distribution. • Our chromium chemicals can be found in a wide range of everyday items: o plumbing fixtures, car accessories and domestic appliances such as kettles and toasters are chrome plated o ingredient of products applied to protect timber used to build bridges, utility poles, marine piles and many other indttstrial applications. o super -alloys used in aircraft engines and land based turbines contain o chromium metal made from chromic oxide. In addition chromic oxide is used in applications to colour ceramics, surface coatings, cosmetics, plastics and construction products o chrome sulphate tans leather used to make clothing and shoes o sodium sulphate is an ingredient in washing powders 3. Impairment: The Northeast Cape Fear River is on the 2006 303(d) list for a Mercury Fish Advisory and the Northeast Cape Fear River (18-74-(25.5)) is on the 2008 draft 3003d list for impaired ccological/biological integrity. The 2010 draft 303d list does not include the Northeast Cape Fear River 18-74-(47.5). The 2005 Basinwide Plan recommendations putting the Northeast Cape Fear River on the 303d list for the fish consumption category. Tire river from NC210 to Ness Creek is not rated for aquatic life because dissolved Page 4 of 9 NCSO00003 oxygen was below 4mg/I in 23 and 10 percent ofsemples. The Northeast Cape Pcar River is classified as B; Sw, which acknowledges natural characteristics of swamps such as low dissolved oxygen. 4. Threatened and Endangered: Based on the Natural Heritage virtual workroom there are no federal protected aquatic species within two miles of the facility. The only endangered species the Picoidcs borealis (Red - cockaded Woodpecker). 5. Location: B; Sw 6. Industrial Chances Since Previous Permit: Changes included with the application included: Quarry Stormwater Management Improvements- The elevation of the dike around Quarry Section 42 was increased. The project was issued a Stormwater Project Permit No. SW8970922 Modification. 2. Elimination of Outfall 003- Outfall 003 was an outfall from rinsing dust and dirt from employees' vehicles. The rinse water is now being collected in a sump and pumped to the industrial wastewater treatment plant. Analytical Monitoring, Notes: There were five samples included in the renewal application from 12/4/02 to 10/25/03 for outfalls 004 and 005, All of the samples were below the current benchmarks. Chromium was below the detection limit for all of the samples. Current outfalls are located in swampy areas and are not truly representative of stormwater leaving the site. Based on the site visit (2/3) another outfall should be added to do the analytical monitoring. The outfall is located by one of the chromium ore pills and the capped lagoon. Total Chromium will remain in the permit because of the ore stored onsite. Chromium IV was considered bill since all the stormwater in the process area is collected in the waste water it was not added. It should be included in their wastewater permit. This industry (SIC 2819) is covered in the EPA General Muhi-Scctor Permit under Subscctor C2. Industrial Inorganic Chemicals. The pcnnit recommends monitoring ibi- Total Ahnninunt, Total Iron, and Nitrate plus Nit ite Nitrogen. Total Aluminum and Total Iron will not be added into the renewal permit because they are not a potential pollutant on the site. Nitrate plus Nitrite Nitrogen will be maintained in the permit. Qualitative Monitoring Notes: Visual monitoring was done nine times at both outfalls. Outfall 004 was clear/brown but showed no signs of pollutants. The color of Outfall 005 looked to have tannins in it and had some leaves in the discharge. Page 5 of 9 NCS000003 Table 1: Analytical Monitoring Required Sampling Range Sample Date Total Flow (MGD) Precipitation (in) - Duration (hours) Total Chromium Nitrite - Nitrate Benchmark: 1 mg/L Benchmark: 10 mg/L Outfall 004 11/1 /02 to 1/31/03 12/4/2002 0.044 0.11 5.5 <0.005 0.08 211/03 to 3/30/03 4/25/2003 0.044 0.11 3.28 <0.005 1.67 5/1/03 to 6/30/03 7/19/2003 0.159 0.4 3.63 <0.005 0.39 8/1/03to 10/31/03 8/23/2003 0.29 0.73 0.53 <0.005 0.45 10/25/20031 0.044 1 0.11 4.37 1 <0.005 0.05 Outfall 005 11/1 /02 to 1/31/03 12/4/2002 0.076 0.11 5.5 <0.005 0.2 2/1/03 to 3/30/03 4/25/2003 0.076 0.11 3.28 <0.005 1.74 5/1/03 to 6/30/03 7/19/2003 0.276 0.4 3.63 <0.005 0.19 8/1/03to 10/31/03 8/23/2003 0.505 0.73 0.53 <0.005 0.2 10/25/20031 0.076 0.11 4.37 <0.005 <0.025 Over Current Benchmark Data Not Collected Page 6 of 9 NCS000003 Revised Permit Recommendations: Analytical Monitoring: I. Maintain monitoring for total Chromium and Nitrate plus Nitrite Nitrogen. See rational above. 2. pl-I has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part 11 Section B. The pennittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the pennittee must submit a monitoring report indicating "No Plow" within 30 clays of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the pennittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part lI Section B. Qualitative monitoring is required regardless of representative outfall status. 6. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) S. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. - 2. Additional requirements for the Stormwater Management Plan have been specified in Part I1 Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CPR § I22.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Page 7 of 9 NCS000003 Site Visit on February 3, 2010 with Linda Willis (Wilk 0), Brian Lowther (CO) and Scan Coury (910) 675-7229 Sean Coury showed us the two outfalls, the Cape Fcar River, and some of the industrial activities onsitc. We walked the perimeter of the site. As the application stated, almost all of the stormwater in the production area is collected and goes to their wastewater outfall. Oulfalls 004 and 005 were both located in swampy areas. Another potential outfall was located on the site new one of the chromium ore piles and the capped lagoon. We recommended he add that outfall for analytical monitoring and stop sampling 004 and 005 because they are commingled in the swamp water. Page 8 of 9 INIM111111M] Recommendations: Based on the documents reviewed, the application information submitted on May 19, 2004 sufficient to issue an Individual StorniNvater Permit. Prepared by (Signature) X, 6- Date z ,bliv Stormwater Permitting Unit Supervisor Date IA9 for Bradley Bennett Concurrence by Regional Office� 446 ; -i Date j/0 /1-A C' RO Water Quality Supervisor —Date t"?. t,,i , 1('- .1 Regional Office Staff Comments (attach additional pages as necessary) VV_ el CIL-Al— _I? t1!et V� CZ,�A -A�-41 c"t I/L Cz',' Page 9 of 9 ti 9r e r 3 v, 4uA:e F vi. ,1'4,,y py I^ C H R 0 M I`U M W i CERTIFIED MAIL 91 7108 2133 3930 7127 0285 RETURN RECEIPT REQUESTED �cEIVED May 17, 2004 _ BAN 2 5 2010 Individual Permit Renewal Attn: Aisha Lau Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, NC 27699-1617 RE: NPDES Stormwater Permit Renewal Application NPDES Permit No. NCS000003 Elementis Chromium, L.P., Castle Hayne Plant, New Hanover County Dear Ms. Lau: Enclosed, please find the originals and one copy of the NPDES Stormwater Permit Application for renewal of Elementis Chromium's Stormwater Permit No. NCS000003. If you have any questions or need additional information, please contact Bob Hollinger at (910)675-7248. Sincerely, ene F. Renzagl a Site Manager Enclosures Elementis Chromium LP 5408 Holly Shelter Rd. Castle Hayne, NC 28429 relephorw (9)0)675-i200 Fac9inile:(910) 675-Tda'I NCS000003 4-. NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Elementis Chromium, L.P. NPDES Permit Number: NCS000003 Facility Location: 5408 Holly Shelter Road, Castle Hayne, NC (New Hanover County) Type of Activity: Inorganic Chemicals SIC Code: 2819 Receiving Streams: See Figure I River Basin: Cape Fcar River Basin, Sub -basin 03-06-23 Stream Classification: B; Sw Proposed Permit Requirements: See attached draft permit, Monitoring Data: See Table I Response Requested by (Date): Central Office Staff Contact: Return to: Brian Lowther, (919) 807-6368 Special Issues: Issue Rating Scale: 1 east/ .to 10 hard Com )liance history 4 Benchmark exceedance 2 Location (TMDL, T&E species, etc) 4 Other Challenges: o Site visit and sample Points 6 Difficulty Rating; 16/40 Description of Onsite Activities: o The acquisition of the chromium chemicals business of US based Occidental Chemical Corporation, OxyChem in 2002, the former OxyChem operation at Castle Hayne, North Carolina now becomes Elementis Chromium's primary US operation producing dichromate and chromic acid to serve the North American market. o Elementis Chromium manufactures a range of commodity and speciality chromium products. These include chromic acid, chromic oxide, ammonium dichromate, potassium dichromate, sodium dichromate, chrome sulphate and sodium sulphate. Receive chrome ore from out of the country. They process into liquid and powder. Page 1 of 9 NCS000003 Elementis Chromium is a division of Elementis plc, the international specialty chemicals group Documents Reviewed: o NPDES Stormwatcr Permit Application Materials • National Heritage Program (NFIP)'rlireatened and Endangered Species Database • SPU File • Central Files o EPA Sector -Specific Permit, 2008 • 303(d) List, 2008 draft, 2006 final • 2005 Crape Fear Basinwide Plan [history: • August 31, 1994: Date permit first issued (Occidental Chemical Coiporation). Monitoring included annually sampling for Chromium and Nitrate -Nitrite Nitrogen. Nitrate+ Nitrite had a cutoff concentration of 10 mg/l. • February 19, 1999: Renewal Reminder Letter Sent • November 12, 1999: Date permit re -issued. Monitoring included Chromium and Nitrate -Nitrite Nitrogen quarterly during the 4°i year • May 19, 2004: Date penn,ittee submitted renewal application • December 14, 2009: Sent petmittee reviewing application letter. • February 3, 2010: Site visit with ,Linda Willis (WiRO) New Owner Crmuact: Dennis Valentine New Facility Conlacl. Floward Morris ;Vert- Permit Contact: Sean Coury- 910-675-7229 and sean.coury@elementis.cotn Page 2 of 9 NCS000003 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM [n compliance with the provisions of North Carolina 3 neral S : fug Ye'43-215.1, other lawful standards and regulations promulgated and.adopted by the,North Carolina Environmental Management Commission, and the Federal Water P,,ollufionVontrol Act, as amended, Elementi"s'Chi-oniium, L.P. is hereby authorizeddto)dis''cti'arge stormwater from a facility located at is&,hi omium Castle Hayne Plant i��s 5408 Holly Shelter Road Castle Hayne, NC New Hanover County to receiving waters designated as the Northeast Cape Fear River, a class B; Sw stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III, IV, V and VI hereof. Note: Drat Permit Dates are Approximate This permit shall become effective May 1, 2010. This permit and the authorization to discharge shall expire at midnight on April 30, 2015. Signed this day April 30, 2010. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Pennit No. NCS000003 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Pennit Coverage Section B: Permitted Activities" Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITM46% FOR PERMITTED DISCHARGES % A9M1 . Section A: Stonnwater Pollution Prevention Plan •� Section B: r.s a� Analytical Monitoring Requirements ,. �' Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle`1�Iaiintenance.Monitoring Requirements PART III STANDARD PERMITS FOR NPDES STORMWATER INDIVIDUAL 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. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers 3. Signatory Requirements i Permit No. NCS000003 4. Individual Permit Modification, Revocation and Rcissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls l . Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. 7. Records Retention Inspechand';E Yry Section E: Reporting Requirements . 1. �i. Discharge Mo itoring Reports 2. Subfriitting-lReports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No. NCS000003 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. 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 pennit requirements. Any owner or operator wishing.to obtain a No Exposure u Certification must submit a No Exposure Certification'fNOhfonn to the,Division; must receive approval by the Division; must maintain no exposure conditionsunles"s authorized to discharge under a valid NPDES stormwater permit; and must reapply for the"No Exposure Exclusion once every five (5) years.*�, SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modificd,oi;-�te lee t�hc permittee is authorized to discharge stormwater to the surface waters o-ofiNortINarolina or separate storm sewer system that has been adequately treated and managed in Atb;"r ce with the terms and conditions of this individual permit All stormwater discharges shalllie in accordance with the conditions of this permit. „- .r Any other point source disclift,to�surface waters of the state is prohibited unless it is an Mel , ,.- allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this individual 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. Part I Page I of 2 SECTION C: LOCATION MAP Pemit No. NCS000003 NCS00O003 Map Scale 1.24,000 Elementis Chromium, L.P. Elementis Chromium Castle Hayne Pla Latitude: 310 22' 19" N Longitude: 770 51' 36" W County: New Hanover Recaving Stream: Northeast Cape Fear Stream Cass: B; Sw Sub-bain: 03-06-23 (Cape Fear River Bain) wore I...5 Facility Location Part I Page 2 of 2 Pcrmit No. NCS000003 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORNIWATER POLLUTION PREVENTION PLAN The Pernintee shall develop a Stonnwater 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 individual 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 thou ribute to contamination of stormwater discharges. The site plan shall contain theyfollowing: (a) A general location map (USGS qt equivalent map), showing the faci and surface waters, the name of it outfall(s) discharges, or if the di'scc system, the name of the municrpa: accurate latitude map (or alternati� impaired (on the watershed for w! of concern are. Zoap or appropriately drafted -a atroin relation to transportation routes ling water(s) to which the stormwater 3 a municipal separate stonn sewer the ultimate receiving waters, and it(s) of discharge. The general location p`) shall identify whether each receiving water is list of impaired waters) or is located in a has been established, and what the parameter(s) (b) A narrative deseription of storage practices, loading and unloading activities, outdoor process s, 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 stonnwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: 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 must indicate the percentage of each drainage area that is impervious. (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 III, Standard Conditions, Section Part 11 Page 1 of 9 Pennit No. NCS000003 B, Paragraph 5. The pemnittee shall re -certify annually that the stonnwater outfalls have been evaluated for the presence of non-stonnwater discharges. 3. Stonnwater 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 stonnwater, including structural and nonstructural measures. The stonnwater 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 pennittee shall prevent exposure of all storage areas, material0handling operations, and manufacturing or fueling operations. In�a`reasgrhere elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away fro ;areas of p tential contamination. (b) Secondary Containment RequiremerSYs.atnd Records. Secondary containment is required for: bulk storage of ligpid matefals; storage in any amount of Section 313 of Title lll of the Superfudd Amenam nts and Reauthorization Act (SARA) water priority chemicals; acid storabe,in any amount of hazardous substances, in 4 ��, t .,} order to prevent Teaks andt spills front contaminating stormwater runoff. A table a,�, tip, r� or summary of all such*tanks'and stored materials and their associated secondary I1& i31 containment areas shall;be.5naintained. if the secondary containment devices are connected to stormwate conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with ail' ckingmechanism), and any stonnwater 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 acknowledging their responsibilities for the plan. A responsible Part 11 Page 2 of 9 Permit No. NCS000003 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 stonnwater 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. 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 haul roads), all drainage features and structures program shall establish schedules of inspection activities of stonnwater control systems, as wel facility systems that present a potential for stop Inspection of material handling areas and regul; be incorporated into the program. inspections, maintenance, and hoi in the SPPP. ng and unloading areas, and £ structural BMPs. The rif ili nee!and housekeeping cility� q ipment, facility areas, and ,r exposure or stormwater pollution fining schedules of these areas shall c with the established schedules for recorded in writing and maintained ..M 5. Employee Training. Traimirg pr�ogratnss 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 Orlthat have the potentialkto contaminate stormwater runoff. Facility personnel (or team) 10 responsible for implementing,the training shall be identified, and their amoral training shall be documented by'tYe signature of each employee trained. 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. 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 Part 11 Page 3 of 9 Permit No. NCS000003 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 111, 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 (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 stonmwater discharge characteristic monitoring required in Part I1 B and C of this permit. Implementation. The permittee shall implement the PIU� - Implementation of the Plan shall include documentation of all monitoring,measureiYterits ,inspections, maintenance activities, and training provided to employees�inc uding he'log of the sampling data and of actions taken to implement BMPs associated withsthe industrial activities, including s� vehicle maintenance activities. Such documentatton`lshall be kept on -site for a period of five years and made available to the Director'6KtWDirector's authorized representative immediately upon request. Part II Page 4 of 9 Permit No. NCS000003 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit 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 stonn 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 producink a discharge begins within 10 hours. Table 1. Analytical Monitoring Requirements _�:�� �`�`., j {5�� Discharge , t =3� �' =Measurement Fre f; uenc Y„S�SamplelSmrp�r] a,Chacactertstics,r,�°.�+aUmts,xt°ha�3��. �q t at4u,�h;',t�T. e?�,n+, Location3, ,�i Chromium, Total Recoverable mg/L 140m1-a usual Grab SDO Nitrate plus Nitrite Nitrogen mg/L ,fs mar"inual Grab SDO H standard /Q semi-annual Grab SDO Total Rainfall° a aches; semi-annual Rain Gauge, Footnotes: I Measurement Frequency: 'I'wiceT411 year dlunng a representative storm event. 2 Grab samples shall be collected within the first 30 minutes of discharge. A � 3 Sample Location: Samples shatlrbe,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. The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below 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 II Page 5 of 9 Petmtit No. NCS000003 Table 2. Monitoring Schedule Monrtor`mg;penod {_ ,,;SampIcJNumbcr � ;r° a Sta_ rt= �, • _ _ �' E_ndit Year 1 — Period I 1 May 1, 2010 November 30, 2010 Year 1 — Period 2 2 December 1, 2010 April 3030, 2011 Year 2 —Period 1 3 May 1, 2011 November 30, 2011 Year 2 — Period 2 4 December 1, 2011 April 3030, 2012 Year 3 — Period 1 5 May 1, 2012 November 30, 2012 Year 3 — Period 2 6 December 1, 2012 April 3030, 2013 Year 4 —Period 1 7 May 1, 2013 November 30, 2013 Year 4 — Period 2 8 December 1, 2013 April 3030, 2014 Year 5 — Period 1 9 May 1,(2Q1',4 November 30, 2014 Year 5 — Period 2 10 Dece berll'i2:0±1A, " April 3030, 2015 i'ootnotes: I Maintain semi-annual monitoring during pennit re Permit, the pernattee has submitted an application the permittee will be considered for renewed c monitoring until the renewed permit is issued. If no discharge occurs during the sampling pe- ` No Flow" within 30 days of the end of_t_he;s The permittee shall report the If at the expiration of the Individual average before the submittal deadline, cant must continue semi-annual must submit a monitoring report indicating period. s from each sample within the monitoring period. The permittee shall compare monitofing res"iiltsato the benchmark values in Table 3. The benchmark values in Table 3 are not permit limitsibbut should be used as guidelines for the pertnittec's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase moil iton ngi ;tncrease management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analytical Monitoring Discharge''Characterrstres - ; :,;Units "'': :. .Benchmark Chromium, Total Recoverable mg/L I Nitrate plus Nitrite Nitrogen mg/L 10 PH standard 6-9 Part 11 Page 6 of 9 Pennit No. NCS000003 ,. .t2K=xf+hre7Uer. (]ne :`sy �„': ✓e'i If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations within the benchmark range. 4. Implement the selected actions within two months of the iuspection. 5. Record each instance of a "Pier One response in the Storniwater,,,Pollution Prevention Plan. Include It r . the date and value of the benchmark exceedence, the inspection d he personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. o m 'tlr rxw Vd! �v q+ nYhw�iAyh _ ..r ?}F .JiWrt.TWU .r „� •'f �. 'e ''.. IF Ir If: During the term of this permit, the first valid sampling results from two consecutive, monitoring periods are above the benchmark values, or outside oflthe benchinark range, for any specific parameter at a s ecific discharge outfall; Then: The permittee shall: NN 1. Repeat all the required actions outlined above in Tier One. iY K 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result r exceeded the benchmark,yalue optwo consecutive samples. Monthly (analytical and qualitative) monitoring shall continue unf 1 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 Plow" to comply with reporting requirements. 4. Maintain a record of the Tier -Two response in the Stormwater Pollution Prevention Plan. During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benclnark 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 but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the 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 II Page 7 of 9 Permit No. NCS000003 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stonnwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, during the analytical monitoring event. [If analytical monitoring is not required, the permittee still must conduct semi- annual qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stonnwater Pollution Prevention Plan (SPPP) and assessing new sources of stonnwater pollution. In the event an atypical condition is noted at a stonnwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qualitative Monitoring 4 uirements Re �✓ x;e 8 Discharge Characteristics ' '"" "� Frequencyh Monitormgn f`i Y 1 t y <a1 +1 i 1 'T t.J i �r L'ocatronl vtb -._F 1.Yn� A 'h •`,t"So- -"r ..'+...a „✓F'h ,�}„t.. Color 1: '=� semi-annualj, ,SDO Odor tifl- semi-ann'ual„ SDO Clarity semijamual , T SDO Floating Solids n ��_"' semi-annual SDO tiL Suspended Solids' ?,i3' k sem_ t>annual SDO Foam' �semrannual SDO Oil Sheen I i-annual SDO Erosion or deposition at the o_ AL, semi-annual SDO Other obvious indicators semi-annual SDO of stonnwater pollution Footnotes: I Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this pennit is revoked or rescinded. If at the end of this pennitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at cacti slormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance Part 11 Page 8 of 9 Petwit No. NCS000003 areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. Table 5. Analvtical Monitorine Reouirements for On -Site Vehicle Maintenanee Dtschargc Charactenstces �-�Untts`� Measurement ' � .Sample t £ Sample Frequency .� , 3_ro .. .. uenc ion PH PH standard semi-annual Grab SDO TPH mg/I semi-annual Grab SDO [EPA Method 1664 (SGT-HEM)] Total Suspended Solids m I semi-annual Grab SDO Total Rainfall4 inches semi-annual ? Rain gauge New Motor Oil Usage gallons/month /} �2 semrannual, Estimate - Footnotes: I Measurement Frequency: 'twice per year during a rc permit is issued for this facility or until this permit is the permittee has submitted the appropriate paperwoi pennittee will be considered for a renewal applicatio the renewed permit is issued. See Table 2 for schedu cycle. _ I (?, If the stomrwater runoff is contro pond shall be collected within the m event, for each year until either another nd`ed. If at the end of this permitting cycle icnnit before the submittal deadline, the must continue semi-annual monitoring until periods through the end of this permitting r detention pond a grab sample of the discharge from the discharge from the pond. 3 Sample Location: Samples shall1c collected at each slornwater discharge outfall (SDO) that discharges stonnwater runoff from arca(s),where vehicle maintenance activities occur. 4 For each sampled representative`s'tonn event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the pennittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stonnwater Best Management Practices (BMPs), as provided in Part 11 Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring ., u:' Di"sp, gr`ge'Characterishcs " "Units Benchmark e., :: b, pH standard 6-9 TPH mg/L 15 [EPA Method 1664 (SGT-HEM)] Total Suspended Solids mg/L 100 Part II Page 9 of 9 Permit No. NCS000003 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The pennittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial pennit and updated thereafter on an annual basis. Secondary contaimnent, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within0 2 months of the effective date of the initial pert issuance. A1601, New Facilities applying for coverage for the first time applying for renewal under this permit: The Stonnwat implemented prior to the beginning of discharges fron updated thereafter on an annual basis. Secondary com ,r., 2(b) of this pennit shall be accomplished prior tmha•[ industrial activity. / J 2. May to Comply mfa6litiesrpreviously permitted and Prev' htion Plan shall be developed and ran of the industrial activity and be specified in Part 11, Section A, Paragraph discharges from the operation of the The pennittee must comply withWPconditidils.,of this individual permit. Any permit noncompliance '=�a ..'.a,�y constitutes a violation of the Clean"Water Act!and is grounds for enforcement action; for permit — : termination, revocation and re issuance;5ormodification; or denial of a permit upon renewal application. 1. a. The pennittce shall comply with standards or prohibitions established under section 307(a) of the ylh Clean Water Act ontoxic pollutants within the time provided in the regulations that establish these standards or pro hi even if the permit has not yet been modified to incorporate the requirement. 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).] Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class 11 violations are not to exceed Part Ill Page 1 of 8 Permit No. NCS000003 S 10,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $125,000. 3. Duty to Mitigate 4. 5. 6. Y .Q The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stornnvater control facilities, nothing in this individual permit shall be construed to relieve the pennittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.0, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319, Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liabili y Nothing in this individual permit shall be cot the permittee from any responsibilities, liabil under NCGS 143-215.75 et seq. or Section 31 Property Rights The issuance of this individual'peffitut does'h or an exclusive rivile s nor do property, Y P " �.-, , personal rights, nor any infringement of1Fede Severabilitv` e institution of any legal action or relieve ✓hich the permittee is or may be subject to 33 USC 1321. onvey any property rights in either real or personal authorize any injury to private property or any invasion of State or local laws or regulations. The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 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 permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also famish to the Director upon request, copies of records required to be kept by this individual permit. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual 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. Part III Page 2 of 8 Permit No. NCS000003 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 individual 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 imprisommtent for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS Individual Permit Expiration fhe perminee is not authorized to discharge after the expiration authorization to discharge beyond the expiration date, the penmi r !, required by the agency authorized to issue permits no latevlham permittee that has not requested renewal at least 180 days prior have a permit after the expiration and has not requestedge wal subjected to enforcement procedures as provided in NCG '§!14," 2. Transfers This permit is not transferable to any Director may require modification or incorporate such other requirements . "w required to notify the Division i" 3. Signatory Requirements All applications, reports,, n. All applications date�hm order to receive automatic 'tee'shall submit forms and fees as are 180,days prior to the expiration date. Any o ex piration, H r or any peminee that does not va; ,_ at leasY-1'80 days prior to expiration, will be -2153.6 and 33 USC 1251 et. seq t'afterinotice to and approval by the Director. The gyrZsuance of the permit to change the name and essary under the Clean Water Act. The Permittee is event the permitted facility is sold or closed. submitted to the Director shall be signed and certified. under this individual permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. b. All reports required by the individual 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 Part III Page 3 of 8 Pennit No. NCS000003 4. responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisondr1-X C ent fomr,kncwing violations." The issuance of this individual pemtit does not proib't the Dife�or from reopening and modifying the individual penult, revoking and reissuing the individual Iiermit,�or terntinating the individual permit as w- allowed by the laws, rules, and regulations contatned4rii'Gitl�0, Code of Federal Regulations, Parts 122 and 123, Title 15A of the North Carolina Ad"niin ative Code, Subchapter 214 .0100; and North Carolina General Statute 143-215.1 et at. Pennit Actions 1 7t The permit may be ntodified,:revoked'and?reissued, or terminated for cause. The notification of planned changes or anticipated none mpliance� os not stay any individual permit condition. SECTION C: OPERATION ANDtN AINTENANCE 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 pennittee to achieve compliance with the conditions of this individual 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 pernittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a pennittee 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 individual permit. 3. Bvpassine of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a pennittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and Part III Page 4 of 8 Permit No. NCS000003 There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stonnwater 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 pemtittee submitted notices as required under, Part 111, Section E of this pemtic 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 requit nature of the permitted discharge. Analytical sampli� event. Samples shall be taken on a day and time that taken before the discharge joins or is diluted by any i Monitoring points as specified in this permit shall�no the Director. n 2. Recording Results For each measurement, sample requirements of this individual of the volume and ;rfoimeld during a representative storm stir of the discharge. All samples shall be ream, body of water, or substance. without notification to and approval of nance activity perforttted or collected pursuant to the shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s)Y iho+perfornred the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 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. Part III Page 5 of 8 Permit No. NCS000003 To meet the intent of the monitoring required by this individual 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. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that arc required to be sampled, the permiuce 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 Pollution Prevention Plan. Copies of analytical moni permittee shall retain records of all monitoring inforn records and all original strip chart recordings for cons reports required by this individual permit for a period measurement, report or application. This period may Inspection and Entry ;ility along with the Stonnwaler also be maintained on -site. The and maintenance :ion, and copies of all years•from the date of die sample, by request of the Director at any time. The pernittee shall allow the Director, or an?authohzed representative (including an authorized contractor acting as a representative of the Directory.), or in )hhe� of a facility which discharges through a municipal separate storn sewer system,, awauthorizNrepresentauve of a municipal operator or the separate storm C N W47t". sewer system receiving the discliarge, upo ,the,presentation of credentials and other documents as may be required by law, to;y 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 individual pennit; b. Ilave access to and"eopy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit-, and d. Sample or monitor at reasonable times, for the purposes of assuring individual 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, The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional Office in February of each year. The submittal shall be on forms supplied by the Division. Part III Page 6 of 8 Permit No. NCS000003 4. 5. 6. When no discharge has occurred from the facility during the report period, the pernittee 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 02B .0506. The pennitlee 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. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water 1617 Mail Service Raleigh, North Carolinaf In addition, a separate signed Annual Summary DMR Office (RO) by March 1 of each year. Addresses for each RO and the counties on site. Visual monitoring results specifically requested by DWQ.%, Availability of Reports be submitted to the local DWQ Regional O%can be found here: he permittee shall retain the completed originals to the Regional Offices or Central Files unless Except for data determined to be confdi litial under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all rehoils prepared in accordance with the terns shall be available for public inspection at the offices of the Divtston�otWater 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, Non-Storntwater Discharges If the storm event monitored in accordance with this Individual Permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned 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 Individual Permit or subject to notification requirements under 40 CFR Part 122.42 (a). Anticipated Noncompliance The pennitlee 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 Individual Porrnit requirements. Part III Page 7 of 8 Permit No. NCS000003 S. L'a II Spills The pennittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined in Part VI of this permit. Additionally, the penniuce 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. Bypass a. Anticipated bypass. If the pennittee 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. /A� Twenty-four Hour Reporting The permittee shall report to the central office or the may endanger health or the environment. Any infon the time the pennittee became aware of the circun 11 within 5 days of the time the pennittee becomes awai The written submission shall contain a noncompliance, including e: anticipated time compliance prevent reoccurrence of the regional office any noncompliance which re provided orally within 24 hours from teen submission shall also be provided ,tlie noncompliance, and its causes; the period of 'if the noncompliance has not been corrected, the and steps taken or planned to reduce, eliminate, and The Director may waive therwritten rej; iA on a case -by -case basis if the oral report has been received within 24 hours. i Other Noncompliance The pennittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 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 Individual Permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 NCS000003 PART IV LIMITATIONS REOPENER This individual 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 individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this Act then applicable. PART V ADMINISTERING REQU The permittee must pay the administering and compl" ian the Division. Failure to pay the fee in tiiirely manner in Division to initiate action to revoke the3litdividual.Perr Act See Clean Water Act. otter requirements in the MONITORING FEE ig fee within 30 (thirty) days after being billed by with 15A NCAC 21I .0105(b)(4) may cause this DEFINITIONS Allowable Non-Stomtwater 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-stormwaler NIMES 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 inforrnation on BMPs can be found at: http://cfpub.epa.gov/npdes/storm,A,ater/menuofbmps/iiidex.cfin. 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. 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. Parts IV, V and VI Page I of Permit No. NCS000003 6. Certificate of Coveraee The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual 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, ct. seq. S. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. 9. Director The Director of the Division of Water Quality, the 10. EMC The North Carolina Environmental Management 11. Grab Sample An individual sample collected instant qualitatively) must be taken within the 12. Hazardous Substance Any substance designated 13. Landfill A disposal facility or par treatment facility, a surfa a surface storage facility. rples that will be analyzed (quantitatively or discharge. 6 pursuant to Section 311 of the Clean Water Act. facility where waste is placed in or on land and which is not a land ant, an injection well, a hazardous waste long -tern storage facility or 14. Municipal Separate Storm Sewer Svstem A stonnwater 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 an Individual Permit. 17. Permittee The owner or operator issued a certificate of coverage pursuant to this Individual Permit. PartV I Page 2 of 4 Pages Permit No. NCS000003 is. Point Source Discharge of Stomtwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tumtel, conduit, well, or discrete fissure from which stonnwater is or may be discharged to waters of the state. 19. Representative Stonn 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 cattails, the DWQ may grant representative outfall status. Representative outfall status allows the permtittee to perform analytical monitoring at a redticed number of cattails. 21. Secondary Containment -^�.iy„ Spill containment for the contents of the single largest tank•,w�rthin the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm evetit 1p 22. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant'to Section 3,13 of Title Ill of the Superfund Amendments and i;NReauthorization Act (SARA) of 1986, also~ titled the Emergency Planning and Community Right - to -Know Act of 1986;111� " \ b. Is present at or above thth+feshold`lev�t a facility subject to SARA title III, Section 313 reporting requirements; and "q'�`� C. Meets at leas[ one of�the following criteria: (1) Is listed in appendi =D of 40 CFR part 122 on Table 11 (organic priority pollutants), Table III (certain metals, eyanides, and phenols) or Table IV (certain toxic pollutants and 8Sr# hfi` azardous;substances); (2) Is listed as-a`I azardous substance pursuant to section 31 1(b)(2)(A) of the CWA at 40 CFR 116A; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 23. 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. 24, 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. 25. 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 1 I O.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). Part VI Page 3 of 4 Pages Permit No. NCS000003 26. Stomnvater Discharge Outfall (SDO) The point of departure of storttlwater from a discernible, confined, or discrete conveyance, including but not limited to, stotni 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. 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. Stortnwater Associated with Industrial Activi The discharge from any point source which is used for collecting and conveying stonnwater 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 CPR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details mea is based on an evaluation of the pollution potential of 30. Total Maximum Daily Load (TMDL) TMDLs are ttritten plans for attaining and water body and pollutant. (A list of approN http://h2o.enr.state.ne.us/tnidl/) �I reduce stonnwater pollution and I uality standards, in all seasons, for a specific state of North Carolina can be found at 31. Toxic Pollutant�'" _- Any pollutant listed as toxic undci, eWtion 309(a)(I) of the Clean Water Act. 32. Vehicle Maintenance Activity Vehicle rehabilitation mcohamcal repairs, painting, fueling, lubrication, vehicle cleaning operations, or wr airport deicing operations 33. 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. 34. 25-year, 24 hour stone event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 4 of 4 Pages NCS000003 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER U14DER THE NATIONAL POLLUTANT DISCHARGE ELINIINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Elementis Chromium, L.P. rG is hereby authorized to discharge stormwater from a facility located at n o Elcmentis Chromium Castle Hayne Plant 5403 Holly.Shelter Road 0 Castle Hayne, NC New Hanover County. _ to receiving waters designated as the Northeast Cape Fear River, a class B; Sw stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, 111, IV, V and VI hereof. This permit shall become effective May 1, 2010. This pcnnit and the authorization to discharge shall expire at midnight on April 30, 2015. Signed this day April 30, 2010. ORIGINAL SIGNED BY KEN PICKLE %r Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Pennit No. NCS000003 TABLE OF CONTENTS PART I INTRODUCTION Section A Individual Permit Coverage Section B: Permitted Activities Section C: Location Map. PART Il MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED. DISCHARGES Section A: Section B Pcnuit No. NCS000003 4. Individual Pennit Modification, Revocation and Reissuance, or Termination 5. _Permit 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 Stonnwater Control Facilities Section D: Monitoring and Records i I. 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 I . Discharge Monitoring Reports 2. Submitting Reports _ 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance . 7. Spills S. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 1 l . Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS 11 ta.0 PART I INTRODUCTION hgqh�k, ,f lYay i SECTION A: INDIVIDUAL PERMIT COVERAGE Permit No. NCS000003 During the period beginning on the effective date of the permit and lasting until expiration, the pennittec is authorized to discharge stonnwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this pennit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CF.R § I22.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stonnwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification 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 pennit; and must reapply for the No Exposure Exclusion once every five (5) years. SECTION I3: 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 that has been -' adequately treated and managed in accordance with the terms and conditions of this individual permit. All stonnwater 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 discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards, _ This permit does not relieve thepennittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page I of 2 SECTION'C: LOCATION MAP Pennit No. NCS000003 NCSO00003 AW Scale 1.�24,000 Elementis Chromium, L.P. Elementis Chromium Castle Hayne Pla Lad tude: 34O 22' 19" N Longitude: 770 51' 36" UU County: New f bnover Rece vng Stream: Nord)east Cape Fear Steam Gass: B; Sw Sub -basin: 03-06-23 (Cape Fear River Basin) Xd� Wi/l�l� Facility Location Part I Page 2 of 2 Permit No. NCS000003 i PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Pennittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public ii formation in accordance with Part 111, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: I . Site Plan. The site plan shall provide a do scription 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 stonnwater outfall(s) discharges, or if the discharge is to a municipal separate stone 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 stonnwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: 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 must indicate the percentage of each drainage area that is impervious. (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. (c) 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 III, Standard Conditions, Section Part II Page 1 of Permit No. NCS000003 B, Paragraph 5. The pennittee shall re -certify annually that the stonnwater outfalls have been evaluated for the presence of non-stormwater discharges. 2. Stonnwater 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 stonnwater, including structural and nonstructural measures. The stonnwater 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 stonmvater. Wherever practical, the pctmittec 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 stonnwater management plan shall document the feasibility of diverting the 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 31-3 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 stonnwater 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 stonnwater, 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 stonnwater discharges and data collected through monitoring of stonnwater 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. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible Part II Page 2 of 9 Permit No. NCS000003 person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure ofmaterials 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 stonnwater 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 and good housekeeping program shall be developed. The program shall list all stormwater control systems, stormwater discharge otitfalls, all on -site and adjacent surface wafers 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 stonnwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stonnwater-exposure or stonnwater 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. .. 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 fir 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 ide itified, and their annual training shall be documented by the signature of each employee trained. Responsible Party. The Stonnwater 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. 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 rc-certification that the stonnwater 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 Stonnwater 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 Part li Page3 of'9 Permit No. NCS000003 submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permitter shall provide certification in writing (in accordance with Part 111, Standard Conditions, Sectiori B; Paragraph 5) to the Director that the changes have been made. 8. 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 (July to Deceinber), 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 _stonnwatcr discharge characteristic monitoring required in Part lI B and C of this permit: 9. 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 11 Page 4 of 9 Permit No. NCS000003 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be.performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the tens of the permit at each stormwater discharge outfall (SDO).. A representative storm event is a storm event that measures greater lh"ui 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greatej . than0.1 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. Table 1. Analytical Monitorin>; Requirements Discharge Characteristics Units Measurement Frequeneyl. Sample Ty e2 Sample Location3 Chromium, Total. Recoverable mg/L semi-annual Grab SDO Nitrate plus Nitrite Nitrogen. mg/L semi-annual Grab SDO H standard semi-annual - Grab. SDO Total Rain fa114 inches semi-annual Rain Gauge Footnotes: I Measurement Frequency: Twice peryearduring 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. . The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below 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 I Page 5 of 9 Permit No. NCS000003 Table 2. Monitoring Schedule Monitoringperiod t''- Sample Number'` - Start End Year 1 = Period 1 1 May 1, 2010 November 30, 2010 Year 1 — Period 2 2 December 1, 2010 April 30, 2011 Year 2 — Period 1 3 May 1, 2011 November 30, 2011 Year 2 — Period 2 4 December 1, 2011 April 30, 2012 Year 3 — Period 1 5 May 1., 2012 November 30, 2012 Year 3 — Period 2 6 December 1, 2012 April 30, 2013 Year 4 —Period 1 7 May .1,; 2013 November 30, 2013 Year 4 — Period 2 8 Dectmber 1, 2013 April 30, 2014 Year 5 — Pcriod 1 9 May 1, 2014 November 30, 2014 Year 5 — Period 2 10 December 1, 2014 April 30, 2015 Footnotes: I Maintain semi-annual monitoring during permit renewal'proces-s� If at the expiration of the Individual 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 permit 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. , The pernittee shall report the anal ytical. results from each sample within the monitoring period. The permittee shall compare monitoring results to the benchmark values in Table 3. The benchmark values in Table 3 are.not permit limits but should.be used as guidelines for. the permitteCs Stormwater Pollution Prevention Plan (SPPP). ExceedSnces of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stornwater Best Management Practices (BMPs) in a tiered program. See -below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analytical 1\lonitoring Discharge Characteristics Units Benchmark Chromium, Total Recoverable mg/L 1 Nitrate plus Nitrite Nitrogen mg/L 10 . PH standard 6-9 Part 11 Page 6 of 9 Permit No. NCS000003 Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a slormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value excecdence. 3. Identify potential and select the specific: source controls, operational contrdi9, 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.Stornnvater 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. Tier Two If: During the term of this permit, 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: l . 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 Plow" to comply with reporting requirements. 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. During the terni of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchnim'k 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 but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other slormwater control measures; or • require that the pennittee implement site modifications to qualify for the No Exposure Exclusion. Part 11 Page 7 of 9 Permit No. NCS000003 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 in Table 41 during"the analytical monitoring event. [If analytical monitoring is not required, the pennittee still must conduct semi- annual qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stonnwater pollution. In the event an,atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions takeil;in response to the discovery. This documentation will be maintained with the SPPP.. " Table 4. Oualitative Monitoring Requirements Discharge Characteristics Frequency, Monitoring Location2 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 SDC- Erosion or deposition at the outfall semi-annual SD,O Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: _ Measurement Frequency: Twice per year during a representative storm, event, for each year until either another permit is issued for (his facility or until this permit is revoked or rescinded. If at end of this permitting cycle the pennittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the pennittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEFIICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perforni analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stonnwater discharge outfalls which discharge stormwater runoff from vehicle maintenance Part 11 Page 8 of 9 permit No. NCS000003 areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Frc uencyl Sample. Ty e2 Sample Location3 PH standard semi-annual Grab SDO TPH [EPA Method 1664 (SGT-HEM)] Ing/1 semi-annual Grab SDO Total Suspended Solids mg/1 semi-annual Grab SDO� Total Rainfa114 inches semi-annual Rain gauge. New Motor Oil Usage gallons/month semi-annual Estimate Footnotes: - 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either.another permit is issued for this facility or until this permit is revoked or rescinded. if at the end of this permitting cycle the permittee has submitted [he appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 forscheduleof monitoring periods through the end of this permitting cycle. 2 If the stomhwater runoff is controlled by a stormwater detention pond,a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge from the pond. Sample Location: Samples shall be collected at each stomlwater discharge outfall (SDO) that discharges stomhwater runoff from area(s) where vehicle maintenance activities occur. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. Monitoring results shall, be compared to the benchmark values in Table 6. The benchmark values in Table 6 arenotpermit limits but should be used as guidelines for the permittee's Stonnwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stonnwater Best Management Practices (BMPs), as provided in Part II Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark pH standard 6-9 TPH [EPAMethod 1664 (SGT-HEM)] mg/L 15 Total Suspended Solids mg/L 100 Part II Page 9 of 9 Permit No. NCS000003 PAR'p III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule - The permittee shall comply with Limitationsand Controls specified for slormwater discharges in accordance with the following schedule: = Existing Facilities already operating but applying for permit coverage for the first time: The Slor mwaler Pollution Prevention Plan shall be developed and implemented within 12 months orthe effective date of the initial permit and updated thereafter on an annual basis. Secondary containnment,'ag'specified in Part Ily Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial pennit issuance. New Facilities applying for coverage for the first time and existing facilities previously permitted and ' applying for renewal under this permit: 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. Duly to Conmlv The permittee must comply with all conditions of this individual 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 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 pennit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently,violates any pennit 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 pennit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violatioim, or' . imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under stale 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: NC General Statutes 143-215.6A]. d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed $25,000. Penalties for Class 11 violations are not to exceed Part III Page I of 8 Permit No. NCS000003 $10.000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $125,000. 3. Duty to Miti¢ate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liabilit Except as provided in Part III, Section C of this permit regarding bypassing of storruwater control facilities, nothing in this individual permit shall he construed to relieve the penmittee from any responsibilities, liabilities, or penalties for noncompliaiie'c pursuant to NCGS 143-2153, 143-215.6A, 143-215.6B, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Eurthennore, the permiuce is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liabilitv Nothing in this individual 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•Riehts The issuance of this individual 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. Severabilitv The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The penninee 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 permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permitter shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for'fampering 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 individual 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. - Part III Page 2 of 8 Permit No. NCS000003 10. Penalties for Falsification of Reports 'Pile 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 individual permit, including monitoring reports or 'reports of compliance or noncompliance shall, upon conviction, be punished by a line of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. ' SEc'rION B: GENERAL CONDITIONS 1. Individual Pennit Expiration _ r: The permittee is not authorized to discharge after the expiration date. In order to receive mitomatic authorization to discharge beyond the expiration date, the pernittee shall submit fonns and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any m pemtittee that has not requested renewal at least 180 days prior to expiration, or any petittee 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 This 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 pennit to change the name and ' incorporate such other requirements as may be necessary under the Clean Water Act. The Pr. rmittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Sianatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. :i a. All applications to be covered under this individual pennirshall be signed as follows- (1) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly authorized representative, if Stich representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; - - ' (2) In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. b. All reports required by the individual 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 Part III Page 3 of 8 Permit No. NCS000003 responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, than il}is 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 infornmalion submitted. Based on my inquiry of the person or persons who manage the system, or those'p rsons directly responsible for gathering the information; the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification. Revocation and Reissuance or Termination The issuance of this individual permit does not prohibit time Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or tenninating the individual 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. ., Permit Actions The permit may be modified, revoked and.reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does notst�� any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The pennittee 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 individual 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 arc installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the pennited activity in order to maintain compliance with the condition of this individual permit. Bypassime of Stornmwater Control Facilities Bypass is prohibited and the Director may take enforcenment action against a pennittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and PartIll Page 4 of 8 Permit No. NCS000003 b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during norttal 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 dowmime or preventive maintenance; and C. - - I 'file pennittec submitted notices as required under, Part III, 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 co"!$idering its adverse effects. SECTION D: MONITORING AND RRCORDS , Representative Santpline 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 slonn event. Samples shall betaken 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 notifcation to and approval of the Director. 2. Recordine Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; - d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and , f. The results of such analyses. 3. Flow 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. Part III Page 5 of 8 Permit No. NCS000003 To meet the intent of the monitoring required by this individual 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 stomiwater 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 substantiail'v identical and the pennittce is granted representative outfall status, then sampling requirements-i,iay 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 pennittce shall retain records of all monitoring information, including all calibration and maintenance records and all original strip cliart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. Thisperiodmay 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 ofa 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 penuittee's premises where a regulate facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; b.. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual pemtit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual 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 thispernit 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. The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional Office in.February ofeach year. The submittal shall be on forms supplied by the Division. PartIII Page 6 of 8 Permit No. NCS000003 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 infomtation and indicating —'NO FLOW- as per NCAC T I SA 02B .0506. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report forni provided by the Division, and shall retain the completed fanns on site. Visual monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. 2. Submitting Reports "rwo 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://wwir .err.state.nc.us/htnil/regionaloftices.litnil. The pemrittee 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. _ 3. Availability of Reports Except for data determined to be confideinial 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-Stomtwater Discharges If the stomt event monitored in accordance with this Individual Pennit coincides with a non-stormwater discharge, the permittee shall separately monitor all paranieters'as required raider the non-stornwater 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 pemtitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the fludividual Pemrit 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 Individual Penult requirements. - Part Ill Page 7 of 8 Permit No. NCS000003 Spills The pennittee shall reportro 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. amass 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 afTectof the bypass. b. Unanticipated bypass. The pennittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Twentv-four I Iour Renortine 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 eauses; 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 penniuee 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 Individual Pennit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 NCS000003 PARTIV LIMITATIONS REOPENER This individual 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 individual permit; or ' b. Controls any pollutant not limited in the individual permit. The individual pennit 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) daysafter being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 21-1.0105(b)(4) may cause This Division to initiate action to revoke the Individual Penult. - PART V1 DEFINITIONS I. Act See Clean Water Act. ti 2. Allowable Non-Stonnwater Discharges This permit regulates stormwater discharges. Non-stornwater discharges which shall be allowed in the stormwaler 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 thtshings, 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: hup://cfl)ub.cpa.gov/npdes/stomiwater/menuofbmps/iildex.cfii. Bypas A bypass is the known diversion of stormwater from any portion of a stormwaler control flieility including the collection system, which is not a designed or established operating mode for the facility. Bulk Storace 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. Parts IV, V and VI Page I of Permit No. NCS000003 6. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective dale 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 t;i 'NA), as amended, 33 USC 1251, et. seq. 8. Division or DWO - The Division of Water Quality, Department of Environment and Natural Resources:"i 9. Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. H. 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. 1lazardous 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 lo; g term storage facility or a surface storage facility... 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local sell' government such as a city or town. 15. No Exposure - A condition of noexposure means that all industrial materials and activities are protected by a stonn resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snownmelt, 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 NPDF.S Stormwater Permitting requirements only if facility complies with the terns 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 an Individual Permit. 17. Pennittee The owner or operator issued a certificate of coverage pursuant to this Individual Permit. Part VI Page 2 of 4 Pages Permit No. NCS000003 18. Point Source Discharge of Stonnwater Any discernible, confined and discrete conveyance including; but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure front which stomiwater is or may be discharged to waters of the state. 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 60p to 10 hours. For example, if it rains buts -Caps before producing any collectable discharge, a sample may be collected if the next rain producing a discharge ;.^•egins,within 10 hours. 20. Representative Outfall Status When it is established that the discharge of stormwater runoff from :'Single outfall is representative of the discharges at multiple outfalls, the DWQ may grant represcntativoutfall status. Representative outfall status allows the pennittee to perform analytical monitoring at a reduced number of outfalls. 21. 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 stone event. 22. Section 313 Water Priority Chemical - A chemical or chemical category which: a. Is listed in 40 CPR 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 - Meets at least one of the following criteria: (1) : Is listed in appendix D of 40 CFR part 122 on 7 abke 11 (organic priority pollutants), Table I11 (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and •+� hazardous substances); (2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 23. Severe PrODertv 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. 24. 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. 25. 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 CPR 117.21) or section 102 of CERCLA (RcC 40 CFR 302.4). Part VI Page 3 of Pages Permit No. NCS000003 26. Stormwater Discharge Outfall (SDO) The point of departure of stonuwater 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 stop iwater Flows directly or indirectly into waters of the State of North Carolina. 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. Stommwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormNvater and which is directly related to manufact ing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CPR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce siornnvater pollution and is based on an evaluation of the pollution potential of the site. 30. 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://lt2o.enr.state.i e.tis/tmdl/) 31. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 32. Vehicle Maintenance Activ:v Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations: 33. 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. 34. 25-vear. 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 Page4 of4 Pages 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 April 7, 1999 Occidental Chemical Company Attn: John O'Janpa P.O. Box 368 Castle Havne, North Carolina 28429 `�� otter NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Permit Renewal Application Permit Number NCS000003 Individual Stormwater Permit New Hanover County Dear Mr. O'Janpa: The Division of Water Quality's Stormwater and General Permits Unit hereby acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000003 on 3/2/99. The submitted renewal package contained the following items: i Signed application Site map Analytical monitoring results summary Visual monitoring results summary Best Management Practices summary > Narrative describing significant changes at the permitted facility Signed Stormwater Pollution Prevention Plan certification A preliminary review of the submitted renewal application package has been conducted and it appears to be complete. No further information is required at this time. If you have any questions about the renewal process or would like to discuss this letter, please contact meat(919) 733-5083, extension 584. e Antonio V. Evans. P.E. cc: Wilmington Regional Office Stormwater and General Permits Unit Central Files SWU-238-032499 P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733.5083 FAX 919-733-9915 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper ®r NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 9, 2010 Mr. Sean Coury Elementis Chromium, L.P. 5408 Holly Shelter Road Castle Hayne, North Carolina 28429 Subject: Draft NPDES Stormwater Permit Permit No. NCS000003 Elementis Chromium Castle Hayne Plant New Hanover County Dear Mr. Coury: Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. A site visit was conducted on February 3, 2010. The two current sampling locations are taken "in stream" and are therefore diluted and not representative of stormwater leaving the site. During the site visit another outfall was identified that was not in the SPPP. This outfall appears to be the one that should be representative of stormwater on the site. We recommend discontinuing of monitoring at the previous two outfalls. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: 1. Analytical monitoring parameters, Chromium and Nitrate plus Nitrite Nitrogen, have been added to this permit. 2, pH has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. 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. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances 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. If the sampling results are above a benclunark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the tern of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Wetlands and Slormwaler Branch 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 i�t�ne 1,, 1 1 V QCtI l Cc�1CQl llla Location: 9 8 N. Salisbury St. 19 807, North Carolina 27604 Phone: 9198076300\FAX: 919807-6494\Customer Service: 1-677-623-6746 Naturally Internet: ww .ncwaterqualily.org An Equal Oppoaunily \ Aflirmalive Action Employer Mr. Sean Coury Elementis Chromium Castle Hayne Plant Permit No. NCS000003 5. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part It Section B. Qualitative monitoring is required regardless of representative outfall status. 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Monitoring for TPH has replaced Oil & Grease. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit changes: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. 1-tie plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. 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. Additional information is provided in Part I Section A. 6. In addition to submitting two signed copies of DMRs to Central Files, a separate signed Armual Summary DMR copy must be submitted to the local DWQ Regional Office by March 1 of each year. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should.be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-.6368 or brian.lowther''ncdenngov. , . Sincerely, 5 � " Brian Lowther Environmental Engineer Stormwater Permitting Unit cc: Wilmington Regional Office Stormwater Permitting Unit Attachments: Draft Permit NCS000003 NC®ENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director December 14, 2009 Richard Lowrey Elementis Chromium, L.P. 5408 Holly Shelter Road Castle Hayne, North Carolina 28429 Natural Resources Dee Freeman Secretary Subject: NPDES Permit Renewal Application Elementis Chromium Castle Hayne Plant Permit Number NCS000003 Individual Stormwater Permit Mecklenburg County Dear Mr. Ryan: The Division of Water Quality's Stormwater Permitting.Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000003 on May 19, 2004. We apologize for the lengthy delay in responding to your subnilttal and are now making every effort to review your permit renewal as expeditiously as possible. Our Unit anticipates making significant progress on individual permits over the next six months to reduce our backlog. We are currently beginning our review of your renewal application. Please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. As long as you have submitted a complete renewal request package and maintain compliance with those permit conditions, stormwater discharges from this facility are authorized by that permit until the Division issues a renewal permit or notifies you of an alternative action. No additional information is required at this time, but we may contact you in the future. Please notify us if any significant changes have taken place at this facility since you submitted the renewal package. If you have any questions about this matter, please contact me at (919) 807-6368. cc: Wilmington Regional Office Stormwater Permitting Unit Files Central File Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807 63001 FAX'. 919 807 6494 \Customer Service: 1-877-623-674B Internet: www.ncwaterquallry.org An Equal opportunity 1 Affirmalive Action Employer Sincerely, Brian C. Lowther Environmental Engineer Stormwater Permitting Unit One NorthCarolina Naturalk ��► MFEACtS�= 1M �S SU �q- .�,������ - ra-},2-�-ot , o ?N1 a} 5-vo �207 aJn� S =.c fy""A TvvLO-i� o5 — I2 csJmv� `zi- M /�..�-vP a+ j'^2M s6s x -� -A '(� o o ti N s �"�""'�I � °-� l° 1 �5 LA ss�� 1°l0616) i� } . l J - C 7 3 �' ' �� .+' _ !, •(,, --. -, it � '- - `. 1. t 'L ..__ ._ -[ �i.• � T; ! it _ /: la W ATF9 e 0 9I� r Michael F. Easley Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources May 20. 2004 Mr. Gene Renzaglia Elementis Chromium Castle Hayne Plant 5408 Holly Shelter Road Castle Bayne, NC 28429 Subject: NPDES Permit Renewal Application Permit Number NCS000003 Individual Stormwater Permit New Hanover County Dear Mr. Renzaglia: Alan W. Klimek, P.E. Director Division of Water Quality The Division of Water Quality's Stormwater and General Permits Unit hereby acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000003 on May 19, 2004. The submitted renewal package contained the following items: D Signed application Site map T- Analytical monitoring results summary Visual nAnliUKinfl results Summary Best M;maeement Practices summary Nariativedescribinar sienificant changes at the permitted ftrcility Certification of the dcvelopmcnl and implementation oha SPPP A preliminary review of the submitted renewal application package has been conducted and it appears to be complete. No further information is required at this time. If you have any questions about the renewal process or would like to discuss this letter, please contact me at (919) 733-5083, extension 578. cc: Permit File S w'U-2';8-0!iUl'19 ©gin NCDENR Customer Service 1 800 623-7748 Sincerely 4 Aisha Ff. Lau Fnvironmental Engineer Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 NCS000003 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM v In compliance with the provisions of North CarolinaeGcperal 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, Elementi -Chi ouiium. L.P. is hereby authorized to,discharge stonnwater from a facility located at �Chiomium Castle Hayne Plant 108 Holly Shelter Road Castle Hayne, NC New Hanover County to receiving waters designated as the Northeast Cape Fear River, a class B; Sw stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III, IV, V and VI hereof. Note: Drat Permit Dates are Approximate This permit shall become effective May 1, 2010. This permit and the authorization to discharge shall expire at midnight on April 30, 2015. Signed this day April 30, 2010. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000003 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES ff �/\ \" �� Section A: Stormwater Pollution Prevention Section B: Analytical Monitoring Requuiir�'rements _ Section C: Qualitative Monitoring Requtrenic is Section D: On -Site Vehicle Main<�tenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS 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. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions I. Individual Permit Expiration 2. Transfers 3. Signatory Requirements i Permit No. NCS000003 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls l . Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements r� 4. Test Procedures ! ` 5. Representative Outfit 6. Records Retention 7. Insnection and,Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting:Reports 3. Avail`ability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills S. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No. NCS000003 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the pernittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §I22.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stonnwater discharge permit requirements. Any owner or operator wishing -.to obtain a No Exposure Certification must submit a No Exposure Certification'NOI form to the.Division; must receive approval by the Division; trust maintain no exposure conditions unless authorized to discharge under a valid NPDES stonnwater permit; and must re)^app��ly for the`No Exposure Exclusion once every five (5) years. v \ SECTION B: PERMITTED Until this permit expires or is stonnwater to the surface wat adequately treated and manag permit. All stonnwater discha Any other point source permittec is authorized to discharge olina or separate storm sewer system that has been c with the terms and conditions of this individual accordance with the conditions of this permit. 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 discharges allowed by this individual 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. Part I Pagc I of 2 SECTION C: LOCATION MAP Permit No. NCS000003 NCS0000O3 Mara Scale 1,24,000 Elementis Chromium, L.P. Elementis Chromium Castle Rayne Pla Lab bide: 340 22' 19" N Longitude: 770 5f 36" W County: New Hanover Reed ving Stream: Northeast Cape Fear Stream Class: B; Sw Sub-ba9n: 03-06-23 (Cape Fear River Basn) Facility Location Part I Page 2 of 2 Permit No. NCS000003 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Pennittee 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 individual pen -nit. 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 quadrahg1&map or appropriately drafted equivalent map), showing the facility.''s location in relation to transportation routes and surface waters, the name of the`•re eiving:water(s) to which the stormwater outfall(s) discharges, or if the discharge into a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the,oint(s) of discharge. The general location map (or al ternativelythe'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 whiclfa TMDL has been established, and what the parameter(s) of concern arc/t W (b) A narrative d'escriptiofi of storage practices, loading and unloading activities, outdoor processareas, 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 to scale (including a distance legend) showing: 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 must indicate the percentage of each drainage area that is impervious. (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 III, Standard Conditions, Section Part 11 Page I of 9 l i � `► � � C�i.YlI1I1hI1�' B, Paragraph 5. The pennittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stonnwater 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 pennittee 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 stonnwater runoff away from;areas of potential contamination. (b) Secondary Containment Requiremetits 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 rfrom contaminating stormwater runoff. A table or summary of all sucfi�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 stonnwater, 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 stonnwater discharges and data collected through monitoring of stonnwater 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 acknowledging their responsibilities for the plan. A responsible Part 11 Page 2 of 9 Permit No. NCS000003 person shall be on -site at all times during facility operations that have the potential to contaminate stonnwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stonnwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) maybe a component of the SPRP, but may not be sufficient to completely address the stonnwater 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 and good housekeeping program shall be developed. The program shall list all stonnwater control systems, stornwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process haul roads), all drainage features and structures program shall establish schedules of inspection activities of stormwater control systems, as wel facility systems that present a potential for ston Inspection of material handling areas and rcguli be incorporated into the program. Timely coml inspections, maintenance, and housekeeping sh in the SPPP. �t and unloading areas, and structural BMPs. The �and housekeeping facility areas, and r4exposure or stornwater pollution. ,ring schedules of these areas shall z with the established schedules for recorded in writing and maintained 5. Employee Training. Training programs shall be developed and training provided at a minimum on an annual bas s-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 stonnwater 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. 6. Responsible Party. The Stonnwatcr 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 pennittce 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 stonnwater outfalls have been evaluated for the presence of non-stonnwater discharges. Each annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the Stonnwater Management Plan. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the pennit. Within 30 days of such notice, the permittee shall Part 11 Page 3 of 9 Pennit No. NCS000003 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 111, 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 (July to December), with at ]east 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 B and C of this permit. Implementation. The penmittee shall in shall include documentation of all mor activities, and training provided to emr of actions taken to implement BMPs a! vehicle maintenance activities. Such d five years and made available to the Di immediately upon request. /a \Implementation of the Plan ents';mspections, maintenance the'log of the sampling data and industrial activities, including 1 be kept on -site for a period of ,tor's authorized representative Part Il Page 4 of 9 Permit No. NCS000003 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative stonn event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit 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 nroducine a discharge beeins within 10 hours. Table 1. Analytical Monitorinjj Requirements Discharge Characteristics Units Measurement Frequency] Sample TypC2 Sample Location3 Chromium, Total Recoverable mg/L Zsmi-amoral ~ Grab SDO Nitrate plus Nitrite Nitrogen m r L rn �% �semi-an�.' nual Grab SDO H standard semi-annual 11 Grab SDO Total Rainfal14 s�mi-anuache air Gauge Footnotes: ] Measurement Frequency: Twice. ?eryear ring a representative storm event. 2 Grab samples shall be collected(within the first 30 minutes of discharge. 3 Sample Location: Samples shall be•collectcd 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. The pennittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below 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 11 Page 5 of 9 Permit No. NCS000003 Table 2. Monitoring Schedule Monitoring periodt'2 Sample Number Start End Year 1 —Period 1 1 May I, 2010 November 30, 2010 Year 1 — Period 2 2 December 1, 2010 April 3030, 2011 Year 2 — Period 1 3 May 1, 2011 November 30, 2011 Year 2 — Period 2 4 December 1, 2011 April 3030, 2012 Year 3 —Period 1 5 May 1, 2012 November 30, 2012 Year 3 — Period 2 6 December 1, 2012 April 3030, 2013 Year 4 —Period 1 7 May 1, 2013 November 30, 2013 Year 4 — Period 2 8 December 1, 2013 April 3030, 2014 Year 5 — Period 1 9 May, 1,),2014 1 November 30, 2014 Year 5 — Period 2 10 December�l\2014/," April 3030, 2015 Footnotes: 1 Maintain semi-annual monitoring during permit re Permit, the permince has submitted an application the permittee will be considered for renewed cove monitoring until the renewed permit is issued 2 If no discharge occurs during the sampling penod, "No Plow" within 30 days of the end of the, is s-m( U If at the expiration of the Individual coverage before the submittal deadline, cant must continue semi -amoral must submit a monitoring report indicating period. The permittee shall report the analyticaPresults from each sample within the monitoring period. The penmittee shall compare monit nng results to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits)but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan/(SPPP). Gxceedences of benchmark values require the permittee to increase monitoring; -increase management actions, increase record keeping, and/or install stonnwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and 'Pier Two. Table 3. Benchmark Values for Analytical Monitorin Discharge Characteristics Units Benchmark Chromium, Total Recoverable mg/L I Nitrate plus Nitrite Nitrogen mg/L 10 pH standard 6-9 Part 11 Page 6 of 9 1 W @I =`►row`►[WIIIIIIII111 'Pier One If: The first valid sampling results arc 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 exceedenee. 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 L/, the date and value of the benchmark exceedence, the// inspec'tion d'date, the personnel conducting the inspection, the selected actions, and the date the selected,actions were implemented. v \ `1 Tier Two If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside ofthe/benchhmark range, for any specific parameter at a s ecific discharge outfall; /� l Then: The pennittee shall: l . Repeat all the required action -O tl�d.above in 'Fier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmarkFvalue Jfor iwo 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 Plow" to comply with reporting requirements. 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the perr ittee implement site modifications to qualify for the No Exposure Exclusion. Part II Page 7 of 9 Permit No. NCS000003 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stonnwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, during the analytical monitoring event. [If analytical monitoring is not required, the pennittee still must conduct semi- annual qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qualitative Monitoring Requirementsi I �)_< n Discharge Characteristics Frequencyt Monitoring Location2 Color semi-annual, \ XSDO Odor semi -anti ah \� -4V SDO Claritysemi annual , / SDO Floating Solids /� I L se 11 annuuaa l SDO Suspended Solids semt-annual SDO / Foam se V se mi-annual SDO Oil Sheen �% jl e i-annual SDO Erosion or deposition at the outfall/ semi-annual SDO Other obvious indicators semi-annual SDO of stonnwater pollution Footnotes: I Measurement Frequency: 'twice per year during a representative stotw event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the pennittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance Part It Page 8 of 9 Permit No. NCS000003 areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Sample Sample Frequency] T e2 Location3 H standard semi -amoral Grab SDO TPH mg/l semi-annual Grab SDO [EPA Method 1664 (SGT-HEM)] Total Suspended Solids mg/l semi-annual Grab SDO Total Rainfall4 inches semi-annual/ Rain gauge New Motor Oil Usage gallons/month scml an ua1\ Estimate Footnotes: I Measurement Frequency: Twice per year during a rc permit is issued for this facility or until this permit is the permtttec has submitted the appropriate paperwo. pernittee will be considered for a renewal applicatio the renewed permit is issued. See Table 2 for schedI cycle. ^V 2 If the storrmwatcr runoff is contro pond shall be collected within the 3 Sample Location: Samples stomwater runoff from are, 4 For each sampled representative gauge reading must be recorded. m event, for each year until either another nded. If at the end of this permitting cycle )emit before the submittal deadline, the must continue semi-annual monitoring until periods through the end of this permitting r detention pond a grab sample of the discharge from the I ischarge from the pond. k each stormwater discharge outfall (SDO) that discharges maintenance activities occur. event the total precipitation must be recorded. An on -site or local rain Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the pennittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part 11 Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units'. Benchmark PH standard 6-9 TPH [EPA Method 1664 (SGT-t1EM)] mg/L 15 Total Suspended Solids mg/L 100 Part 11 Page 9 of 9 Permit No. NCS000003 PAR'r III STANDARD CONDITIONS FOR NPDES S'CORMWATER INDIVIDUAL PERMITS SE 'rION A: COMPLIANCE, AND LIA131LI'rV 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 permit coverage for the first time: The Stonrtwaler Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial 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 permit issuance. New Facilities applying for coverage for the first time an" "d existi g•facilitics'previously permitted and applying for renewal under this permit: 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,begitm rig,o discharges from the operation of the industrial activity. �� ,^ 7 2. Duly to Comply The permittee must comply with all'conditions,of this individual permit, Any permit noncompliance constitutes a violation of the Cle n Water Act nd is grounds for enforcement action; for permit termination, revocation and rei uance, or modilica[ion; or denial of a permit upon renewal application. The permittee shall complyii4ith 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 prohibition, 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 pennit 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 I year, or both. Any person who knowingly violates pennit 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).] Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. d. Any person may be assessed an administrative penally 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 lot 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 Part III Page 1 of 8 Permit No. NCS000003 S 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 individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liabilitv Except as provided in Part III, Section C of this permit regarding bypassing of stormwaler control facilities, nothing in this individual 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 responsib`ility for effective compliance may be temporarily suspended. � ) n 5. Oil and Hazardous Substance Liabilitv Nothing in this individual permit shall be construed to precfude the institution of any legal action or relieve he permittce from any responsibilities, liabilities„or pcnalt` sro 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 individual ermt does nogonvey 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. Severabilitv The provisions of this in Idiividu�al'ppeermit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. Dutv 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 permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. Penalties for Tamnerina 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 individual 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. Part III Page 2 of 8 ffr�iSftf3.f�[��iI�PIIIIIt] 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 individual 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 Individual Permit Expiration The permittee is not authorized to discharge after the expiration date/In order to receive automatic authorization to discharge beyond the expiration dale, 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 chew al at (cast-l'80 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 1'43-2153.E and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person ezcep4 a crFhotice to and approval by the Director. The Director may require modification or revo ation,and,reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is required to notify the Division in writing i ,the event the permitted facility is sold or closed. Signatory Requirements All applications, reports,�or;infotmation submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. b. All reports required by the individual 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 Part III Page 3 of 8 Permit No. NCS000003 4. responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director, Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penallies/for submitting false information, including the possibility of Fines and imprisonment f6rAnowing violations." The issuance of this individual permit does not prohibii the Director from reopening and modifying the individual pennit, revoking and reissuing the individual permit or terminating the individual permit as allowed by the laws, rules, and regulations containedin Title 0, 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 ct al. U Permit Actions <\\< The permit may be modified„ievoked and'reissued, or terminated for cause. The notification of planned changes or anticipated noncomplianceflocs not stay any individual permit condition. SECTION C: OPERATION AND-MAINfENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The ficrim tee 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 individual 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 this individual permit. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and Part III Page 4 of 8 Permit No. NCS000003 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, Part III, Section E of this penult. 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 2. 3. 4. Representative Sampling Samples collected and measurements taken, as requir nature of the permitted discharge. Analytical samplit event. Samples shall be taken on a day and time that taken before the discharge joins or is diluted by any t Monitoring points as specified in this permit shall;no the Director. Recording Results For each measurement, samplZ requirements of this individual shall b6,chdracteristic of the volume and performed during a representative storm !ristic of the discharge. All samples shall be stream, body of water, or substance. �d without notification to and approval of lance activity performed or collected pursuant to the shall record the following information: a. The date, exact place, and tirnb16f sampling, measurements, inspection or maintenance activity; b. The individual(s),w�iformed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 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. Parl III Page 5 of 8 Permit No. NCS000003 To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained Pollution Prevention Plan. Copies of analytical monitoring rest permittee shall retain records of all monitoring information me/ records and all original strip chart recordings for continuous mi reports required by this individual permit for a period of at'leas measurement, report or application. This period may be extend Inspection and Entry it the facility along with the Slonnwater '.ts shall also be maintained on -site. The iding all calibration and maintenance titoring,inslntmentation, and copies of all 5 years-f om the date of the sample, d by request of the Director at any time The permitter shall allow the Director, or an authorized iepresentative (including an authorized contractor acting as a representative of the Direclor),If �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 dischIa ge, upon e,presentation of credentials and other documents as may be required by law, to; /.� a. Enter upon the permitte:c_premises where a regulated facility or activity is located or conducted, or where records,must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit and d. Sample or monitor at reasonable times, for the purposes of assuring individual 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. The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional Office in February of each year. The submittal shall be on forms supplied by the Division. Part III Page 6 of 8 Permit No. NCS000003 2. When no discharge has occurred from the facility during the report period, the pennittee 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. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water 1617 Mail Service Raleigh, North Carolina In addition, a separate signed Annual Summary DMR cop Office (RO) by March 1 of each year. 11.-t Addresses for each RO and the counties on site. Visual monitoring results should rioi be! specifically requested by DWQ.. v 3. Availability of Reports be submitted to the local DWQ Regional .O-can be found here: 'he permittee shall retain the completed originals to the Regional Offices or Central Files unless Except for data detennined'fo 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. Non-Stonnwater Discharges If the storm event monitored in accordance with this Individual Permit coincides with a non-stomovater discharge, the permittee shall separately monitor all parameters as required under the non-stonnwater discharge permit and provide this information with the stommwater discharge monitoring report. 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 Individual 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 Individual Pennit requirements. Part III Page 7 of 8 Permit No. NCS000003 S. @] The pennittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined in Part VI of this permit. Additionally, the pennittee 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. Bypass a. Anticipated bypass. If the pennittee 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. - N� Twenty-four I -lour Reporting The penmittee shall report to the central office or the may endanger health or the environment. Any infon the time the permittee became aware of the circumstt within 5 days of the time the pennittee becomes awa The written submission shall noncompliance, including ex anticipated time compliance prevent reoccurrence ofthe r regional office any noncompliance which )e provided orally within 24 hours from lien submission shall also be provided '.ttic noncompliance, and its causes; the period of 'if the noncompliance has not been corrected, the and steps taken or planned to reduce, eliminate, and The Director may waive therwritten report on a case -by -case basis if the oral report has been received within 24 hours. I C Other Noncompliance The pennittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Other Information Where the pemhince becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this Individual Permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 NCS000003 PART IV LIMITATIONS RE.OPENER This individual permit shall be modified or altemativcly, 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 individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph Act then applicable. PART V ADMINISTERING AND 'rhe perminec must pay the administering and compliar the Division. Failure to pay the fee in liinely manner in Division to initiate action to revoke dile.lndividual Pern Act See Clean Water Act. 2. Allowable Non-Stormwater Discharees other requirements in the MONITORING FEE ig fee within 30 (thirty) days after being billed by with 15A NCAC 211 .0105(b)(4) may cause this DEFINITIONS This permit regulates stomwater discharges. Non-stonnwaler discharges which shall be allowed in the stomnwater 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 lake the form of a process, activity, or physical structure. More information on BMPs can be found at: http://cfpub,epa.gov/iipdcs/stonnwater/menuofbmps/iiidex.cfm. 4. Bypass A bypass is the known diversion of stonnwater 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 Storaee 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. Parts IV, V and VI Page l of Permit No. NCS000003 6. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual 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 Enviromnent and Natural Resources. 9. Director The Director of the Division of Water Quality, the 10. EMC The North Carolina Environmental Management 11. Grab Sample �/ // l An individual sample collected instantaneously. Grab s�tttples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutesof discharge. 12. Hazardous Substance \11_\ \' Any substance designated undcr,40 CPR Part�l'l6 pursuant to Section 311 of the Clean Water Act. 13. Landfill roCadixp]sal�acility A disposal facility or part where waste is placed in or on land and which is not a land treatment facility, a surfac11 eimpoundment, 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 Stonmwater 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 an Individual Permit. 17. Permittee The owner or operator issued a certificate of coverage pursuant to this Individual Pernut. Part VI Page 2 of 4 Pages Permit No. NCS000003 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. 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 Outl'all 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, Secondary Containment Spill containment for the contents of the single largest freeboard to allow for the 25-year, 24-hour storm ever 22. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pure Reauthorization Act (SARA) o structure plus sufficient 3 of Title III of the Superfand Amendments and the Emergency Planning and Community Right - to -Know Act of1986;'\ ` Ci b. Is present at or above threshold,lev_ els at a facility subject to SARA title III, Section 313 reporting requirements; and V C. Meets at least one of the�followin¢ criteria: (1) Is listed ih appendixtD�of 40 CPR part 122 on Table 11 (organic priority pollutants), Table Ill (certain metals,, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed Xas-a•hezardous 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. 23. 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. 24. Sienificant 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. 25. 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 CPR 110.10 and CPR 117.21) or section 102 of CERCLA (Ref: 40 CPR 302.4). Part VI Page 3 of 4 Pages Pcrnrit No. NCS000003 26. Stormwatcr 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. 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. Stonnwater Associated with Industrial Activit 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 terns does not include discharges from facilities or activities excluded from the NPDBS program. 29. Stormwaler Pollution Prevention Plan (` /� A comprehensive site -specific plan which details measuresand practices'fo reduce stormwater pollution and is based on an evaluation of the pollution potential of the 4uce 30. Total Maximum Daily Load (TMDI.) ��� 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.ne.us/tmdl/) 31. Toxic Pollutant Any pollutant listed as toxic und�tion 30,7(a)(1) of the Clean Water Act. 32. Vehicle Maintenance Activit Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations.. . 33. 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. 34. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part V I Page 4 of 4 Pages NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director February 12, 2010 Dee Freeman Secretary Individual NPDES Stormwater Permit Renewal Transmittal Cover Page To: Wilmington Regional Office, Linda Willis Subject: NPDES Stormwater Permit No. NCS00003 i��I� Elementis Chromium Castle Hayne, NC (New Hanover County) FEBi 16 2010 Attachment Description ® Staff Report ® Draft Permit ® Renewal Application Please provide comments on the facility, draft permit, and staff report and sign/return if acceptable. Return to Brian Lowther at the Central Office by March 12, 2010. Brian Lowther Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807.64941 Customer Service: 1-877-623-6748 Internet: www,ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naturally STORM DRAIN COMPUTATION SHEET West Intermediate School for Buncombe -County Bunbombe County, NC CDC Project No. 10926 O w >' z u2J" N LL V O Z < Oz �' V z w F INVERT' .O Z= J C O c y w z z > < F O O < d ^ STRUCTURE ❑ "� w. ? w - ELEVATION - - C 7 - V 1^ C t > (FT) j "A" "C" "I" (CFS) "Q" Upp Lower "N" (IN.) (IN.) (FT FT) (FT/SEC) FROM TO (ACRES) (CFS) I EXA1 - t'A2. 32 9.97 04 7.06 28A4 EX Al 2814 2210.5 I� 2199:5 34A 0.011 12 18 2214.5- 4.0 38.56-- .. - EXA2 .. 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J� �.( F1 �'Z• n PINY; Wo 4) start G 9 S » Grogle Earth r' '- 1 { 1� ," N t *' � ' .f ♦ at i rt n f�- f�°�� ��'•f.� _ //�� ���'�i. lJ: °t�rl ��,� t i� 4 O. t Cb J�i. ..�% � .. . 2070 Goo le'iR 4 y mzpe U,S. eoloplcal Swveyt� +tee y+N 34 27 54:11' N 7r7°52'08 98�W ,. elev311�,"'. i .�' ;-_ a �". ; ��?f4'-,' �l Eye ah' 9079 (t 8:41 AN C H R O M I U M CERTIFIED MAIL 91 7108 2133 3930 7127 0285 RETURN RECEIPT REQUESTED May 17, 2004 Individual Permit Renewal Attn: Aisha Lau Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, NC 27699-1617 RE: NPDES Stormwater Permit Renewal Application NPDES Permit No. NCS000003 Elementis Chromium, L.P., Castle Hayne Plant, New Hanover County Dear Ms. Lau: Enclosed, please find the originals and one copy of the NPDES Stormwater Permit Application for renewal of Elementis Chromium's Stormwater Permit No. NCS000003. If you have any questions or need additional information, please contact Bob Hollinger at (910)675-7248. Sincerely, ene I Renragl a Site Manager Enclosures Elementis Chromium LP 5408 Holly Shelter 8d. Castle Hayne, NC 28429 Telephone: (910) 675-7200 Facsimile: 910) 675-7201 ev w.rFgOr; PERMIT COVERAGE of RENEWAL APPLICATION FORM National Pollutant Discharge Elimination System Stormwater Discharge Permit THIS APPLICATION MUST BE SIGNED AND RETURNED ALONG WITH TIRE INFORMATION TO THE DIV. OF WATER QUALITY IN ORDER FOR YOUR RENEWAL OF YOUR STOR.M9ATER PERMIT NC: Permit Number NCS000003 ED SUPPLEMENTAL TO QUALIFY FOR The following is the information currently in our database for your facility. Please r view this information carefully and make all corrections as necessary in the space provided to the right of the currcn information. OWNER INFQRMATION Owner/Org. Name: ELEMENTIS CHROMIUM L P Owner Contact: Mailing Address: Phone Number: Fax Number E-mail address: FACILITY INFORMATION Facility Name: CASTLE HAYNE, NC MANUFACTURING Facility Contact Facility Address: 5408 HOLLY SHELTER ROAD CASTLEHAYNE, NC 28429 Phone Number: Fax Number E-mail address: PERMIT INFORMATION Permit Contact: GENE F RENZAGLIA Mailing Address: PO BOX 369 CASTLE RAYNE. NC 28429 Phone Number: 9196757224 Fax Number: E-mail address: DISCHARGE INFORMATION Discharge Receiving Water: PARKER CREEK Stream Class: C NSW Basin. Sub -Basin N: 030303 Number of outfolls: CERTIFICATION Elementis Chromium, L.P. 3elementis-na.com :is Chromium Castle Hayne Plant r 4,. Ater Road NC 28429 r� 1 m nTi s—na.rnm La S�4_ Lo !lter Road NC 28429 1 Northeast Cdpe Fear River I certify that I am familiar with the i Poo [nation contained in the application and that belief such informa .on is true, co tc g-e curate. Signature ? Date_ Gene F. Renzaglia Print or type name of person signing above Title Please return this completed renewal application form to: Individual Permit Renewal Attu: Aisha Lou Stormwater and General Permits Unit 1617 Mail Scrvice Center Raleigh. North Carolina 27699-1617 the best of my knowledge and %1206 .i ite SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL F INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order or the application to be considered complete: (Do not submit the site Stormwater Pollution Preventi)n Plan) Initial Ae 1. A current Site Map from the Stormwater Pollution Preventioi Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage at cas for each outfall. building locations and impervious surfaces should be clearly noted. �I\ 2. A summary of Analytical Monitoring results during the term f the existing permit (if your permit required analytical sampling). Do not submit individ I lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. * 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as o tfall number, parameters surveyed, observations, and date monitoring conducted. 4. A summary of the But Management Practices utilized at the errnitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include info ration on these BMP's. 5. A short narrative describing any significant changes in industrial activities at the permitted Ida facility. Significant changes could include the addition or deUlttion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. 6. Certification of the development and implementation of a Sto water Pollution Prevention Plan for the permitted facility (Sign and return attached form) * If the final year analytical monitoring of the existing permit t�rm has not been completed prior to filing the renewal submittal, then the last, moni ring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) Representative storm sampling may now be conducted at November window has been eliminated) and the represen defined as a storm event that measures greater than 0.1 in hours in which no storm event measuring greater than 0.1 during the year (the April to rainfall event is now nd is preceded by at least 72 s has occurred. SO'd 0: 9l 000Z 9 ray 6166££L6l6:xed Rlllen0 raleg 10 Ala SUMMARY OF ANALYTICAL MONITORING RESULTS FOR NPI)ES STORNIWATER PERMIT NO. NCS000003 Outfall No. Date Sample Collected 50050 01034 00630 - Total Event Precipitation Event Duration' Total Flow Total Chromium Nitrite -Nitrate Nitrogen mo/dd/yr MG pg/I mg/I inches hours 004 10/25/2003 0.044 <5 0.05 0.11 4.37 005 10/25/2003 0.076 <5 <0.025 0.11 4.37 004 08/23/2003 0 290 <5 0.45 0.73 0.53 005 08/23/2003 0.505 <5 0.20 0.73 jO.53 004 07/ 19/2003 0.159 <5 0.39 0.40 3.63 005 07/ 19/2003 0.276 <5 0.19 0.40 3.63 004 04/25/2003 0.044 <5 1.67 0.11 3.28 005 04/25/2003 0.076 <5 1.74 0.11 3.28 004 12/04/2002 0.044 <5 0.08 0.11 5.50 005 12/04/2002 0.076 <5 0.20 0.I 1 5.50 SUMMARY OF VISUAL MONITORING RESULTS FOR NPDES STORMWATER PER61rr NO. NCS000003 Outfall No. Date Monitoring Conducted - •_ " PARAMETERS SURVEYED mo/dd/yr Color, _ _ Odor __ Clarity_ -.. Solids TSS _ _ Foam Sheen Erosion 004 05/04/2004 Clear None Excellent (Clear) None None None None None 005 05/04/2004 Clear/Brown None Good (Clear) None None None None None 004 09/24/2003 Clear/Brown None Good (Clear) None None None None None 005 09/24/2003 Clear/Brown None Good (Clear) None None None None None 004 04/14/2003 Clear/Brown None Good (Clear) None None None None None 005 04/14/2003 Clear/Brown None Good (Clear) None None None None None 004 1 1/25/2002 Clear/Brown None IGood (Some scum) None None None Iscurn None 005 1 1/25/2002 Brown (River Color) None Clear None None None None None 004 01/17/2002 None None Good None Slight None None None 005 01/17/2002 Tannins None Good None Slight None None None 004 10/17/2001 None None Good None Slight None None None 005 10/17/2001 Tannins None Good None Slight None None None 004 04/27/2001 Clear None Good None Slight None None None 005 04/27/2001 Tannins None Good None Slight INone None INone 004 1 1/15/2000 Slight None Good Slight Slight None INone INone 005 11/15/2000 Tannins None IGood Slight (Leaves) Slight None No None 004 05/26/20001 Slight INone IGood None Slight None None None 005 05/26/2000 Tannins INone I Good Slight (Leaves) Slight None INone INone BEST MANAGEMENT PRACTICE (BMP) IDENTIFICATION The Castle Hayne Plant is dedicated to prevent, mitigate, or eliminate storm water pollution through the use of Best Management Practices (BMP's) for reducing or eliminating pollutant loads in storm water discharges from the plant. The following sections describe the Castle Hayne Plant's BMP approach. Currently Employed Best Management Practices 1) Good Housekeeping The Castle Hayne Plant employs the use of Good Housekeeping practices to maintain areas, which may contribute pollutants to storm water, discharges in a clean and orderly manner. Good housekeeping practices are stressed in all employee training programs. The following paragraphs describe what Castle Hayne does to insure the site is kept clean: Operation and Maintenance: All plant personnel strive to maintain dry and clean floors and ground surfaces in their work areas. Plant crews regularly pick up and dispose of garbage and waste material. As part of their daily routine, all plant personnel make sure that equipment is working properly and inspected for leaks or conditions which could lead to discharges of chemicals or contact of storm water with raw materials, intermediate materials, waste materials, or products. Employee Participation: Safe Work Permits are utilized as a means to ensure good housekeeping standards are maintained and followed. Clean up is part of every job and the Work Permit is not signed by Operations if the job site is not cleaned satisfactory. Employees are also involved in the S. A. F. E. Sample program and are encouraged to observe routine tasks and make suggestions on improving the safety and housekeeping of those tasks. Communications: Good housekeeping is also stressed at both informal daily meetings. All employees are instructed to make sure their work areas are kept clean and inspected for leaks or other conditions which might affect the quality of storm water run-off and report such items to supervision as noted. Inspections: Routine housekeeping inspections are made by supervision on a regular basis though the Planned Inspection Program and random S. A. F. E. Samples (Castle Hayne's job observation program). The inspection results are documented and sent to the HSE Department. 2) Preventive Maintenance The Castle Hayne Plant has a preventive maintenance program in place for its plant operations which involves the regular inspection and testing of plant equipment and operational systems to uncover conditions which could result in discharges of chemicals to the plant storm water conveyance system and to the surrounding surface waters. More specifically, the Castle Hayne Plant's preventive maintenance program includes the following areas: Scheduled Routine Preventive Maintenance: All essential equipment such as pumps, motors, power supply equipment, control devices, sensing and analyzing devices, and rotating equipment are routinely tested, tubed, calibrated and otherwise inspected to ensure their proper operation. Critical transfer piping is routinely tested. Results are documented and noted defects are corrected as required. • Identification Of Equipment To Test: Various plant programs or regulatory requirements call for the routine inspection of pipes, pumps, storage tanks and bins, pressure vessels, pressure relief valves, process and material handling equipment, and the process wastewater treatment facility. • Mobile Equipment Inspections: Routine daily inspection reports are completed on all moving equipment, including cranes, towmotors, lifts, and the switch engine. Needed repairs made accordingly to ensure against leakage of fuel and lubricants which might otherwise enter the Plant storm water system. • Inspections: Scheduled, as well as unscheduled inspections, are conducted to inspect and examine for leaks, corrosion, support or foundation distress signs, or other form or signs of deterioration, spills, or leaks. • Equipment Repair or Replacement: Castle Hayne's program provides for the prompt and timely repair or replacement of any equipment found to be defective during its inspection and testing. • Records of Preventive Maintenance: As part of its on -going program, the Castle Hayne Plant keeps detailed records of its maintenance operations, which include the maintaining of a record system to schedule tests and document inspection results. These records are retained on -site. 3) Removal, Cover, or Control of Industrial Activities The Castle Hayne_Plant=strives_to_eliminate_wheneyer_possible=the=inclusion=of-process-area rainfall -and runoff_from_entering=storm-water discharges. Storm water that falls in process areas of the plant is either collected and used in the process or drained to an internal storm water system for treatment before being discharged—throughh=permitted—industrial=discharges. To accomplish these goals, the following practices are employed: Process Area Design: To reduce the chances for release of materials and chemicals which can cause storm water run-off pollution, process=areas=are designed_to-contain=any storm=water_lhat_falls_on-them. These designs include curbed process areas, lined trench systems, paved roadways and areas beneath pipe racks, an internal storm water collection system, and grading designed to prevent runoff. Material Storage Practices: The Castle Hayne Plant employs measures to insure the safe storage materials to prevent leaks and reduce the possibility of runoff to Storm water discharges. These measures include providing adequate secondary containment for all product, fuel, and process storage tanks; storing all containers, drums, and bags in covered warehouses to prevent exposure to the weather, providing clearly marked aisle space to facilitate easy access for inspections; storing products away from direct traffic routes to prevent accidental spills; stacking containers according to manufacturers' instructions to avoid damaging containers from improper weight distribution, and storing containers on pallets or similar devices to prevent corrosion of the containers which can result when containers come in contact with moisture on the ground. Material Transportation within the Plant: All hazardous material piping is run above ground, so leaks are readily detectable and less difficult to remediate. Areas beneath overhead piping are paved and curbed whenever possible to catch potential leaks and prevent them from reaching groundwater or storm water discharges. Regular inspection of this piping is an integral part of the plant's process safety mechanical integrity program designed to prevent pipe failures. Material Inventory Procedures: The use of sound material tracking and inventory practices is an integral part of the Castle Hayne Plant's Stormwater Pollution Prevention Plan (SWPPP). Such practices include identifying all chemical substances present in the workplace, maintaining an up-to-date set of Material Safety Data Sheets (MSDS) for each chemical; labeling all containers to show the name and type of substance contained, clear identification and marking on the inventory of hazardous materials using Hazardous Material Identification System (HMIS). 4) Visual Inspections Regular visual inspections are performed to insure that all the elements of the SWPPP are in place and working properly. Such inspections are meant to be a routine look -over of the facility to identify conditions, which may give rise to contamination of storm water run-off with pollutants from the plant. Items covered by the visual inspections include areas around all process and maintenance equipment; areas where spills and leaks have occurred in the past; material storage areas; material handling areas; outdoor material processing areas; and waste generation, storage, treatment and disposal areas. Formal inspections of the stormwater conveyances are also conducted at least twice annually. Implementation of Visual Inspection Plan: As part of its plant operations, Castle Hayne has an on -going visual inspection program which every employee carries out during the normal course of their duties at the plant. This program has been expanded to cover storm water considerations. Stormwater Conveyance Inspections: Stormwater conveyances and outfall locations are inspected twice per year at a minimum. These inspections are performed in conjunction with and recorded in the field notebook along with the spring and fall visual monitoring. If erosion or other problems are found, notifications are generated to correct any deficiencies in a timely manner. The results of the stormwater conveyance inspection are also documented in the SW PPP. 5) Spill Prevention and Response The Castle Hayne Plant has developed the SPCC plan for the plant, which addresses the subject of spill prevention and response. The purpose of the plan is to prevent and control discharges of oil from spill events that have the potential to reach navigable waterways of both the State of North Carolina and the United States. It details the duties and responsibilities of both trained and non -trained responders. The plan is reviewed at least once every three years and will be amended as necessary to include more effective spill prevention and control technology. Highlights of the SPCC plan include: Facility Spill History and Potential: The SPCC Plan reviews the history of previous spills at the facility and the actions taken to prevent their recurrence. Locations of the plant with the potential for fuel spills are also identified and spill scenarios are described. Steps taken to reduce or eliminate such potential spills from reaching storm water discharges are outlined. • Storm Water Drainage, Management, and Control: The storm water drainage locations are identified and the areas of the facility, which drain to each of them, are defined. Measures to control the drainage patterns and prevent the possibilities of spills reaching the storm water discharges are listed. • Bulk Storage Tanks: All the fuel storage tanks are identified and described in detail. Their design criteria and measures to insure their continued integrity are outlined, as_well.as_a.description-of the-secondary_containment,provided foreach vessel:, • Drum Storage and Management: Drums used for the storing and dispensing of oils and oil related materials could adversely impact the environment if they are not managed properly. The SPCC plan describes procedures for managing drums at the plant by defining their storage locations, secondary containment measures, and spill cleanup plans for each transfer point. • Unloading and Transfer Operations: The SPCC plan outlines the unloading and transfer of fuels throughout the plant. The containment for unloading and pumping operations are described in detail, as well as methods for inspecting their condition, maintaining their integrity, and defining the potential for leaks and spills throughout the system. Inspections and Records: Two inspection programs have been developed for the purpose of preventing releases of oil and other related petroleum products. The first is a weekly visual inspection of the bulk storage tank, drum storage area, and fuel transfer locations to check the physical condition of the storage vessels, check for leaks and spills, and drain the containment structures of storm water as needed. The second is a random maintenance inspection of the bulk storage tanks and support structures which includes visual as well as non-destructive testing methods. Other plant inspection programs designed to address the operational, safety, environmental, and general working conditions of the plant's key operating equipment are also included on a regular basis. 6) Sediment and Erosion Control Plant areas that may be subject to routine vehicular traffic are covered with stone to minimize erosion potential, while areas that are not exposed are grassed. Areas outside the main production areas that have not been developed remain naturally wooded. Areas under construction contain silt fences as needed to control sedimentation runoff. 7) Management of Runoff All storm water falling in the process areas of the plant is either processed within the area or collected and sent to the wastewater treatment area to be treated before discharging. Natural yegetativeswails-�and=ditcF es=are used=for-the conveyance: of. storm _water_to Outfalls 004:and:005y AIL-areas=draining=to=these-outfalls=travel=across-sections_of_natural=vegetation=to=help=control s e d i m e n to d o n: ru n off 8) Employee Training Facility personnel responsible for managing hazardous wastes, materials, and oil are required to attend hazardous waste training. In addition, each site employee undergoes annual stormwater pollution prevention training annually. Employee training records are maintained on site. 9) Recordkeeping Records are maintained on site for all formal inspections, preventative maintenance work, employee training, and visual storm water inspections. In addition, copies of all agency correspondence and IncidenURelease reports are kept on file. SIGNIFICANT CHANGES IN INDUSTRIAL ACTIVITIES AT ELEMENTIS CHROMIUM The significant changes that have occurred at the Elementis Chromium Castle Hayne Plant since the last permit application are as follows: 1) Quarry Stormwater Management Improvements A project was completed that increased the elevation of the dike surrounding Quarry Section #2 in order to improve stormwater management surrounding the quarry areas and provide a greater degree of environmental protection during extreme natural disasters, such as hurricanes. The project was issued a Stormwater Project Permit No. SW8 970922 Modification. 2) Elimination of Outfall 003 A project was completed which eliminated Outfall 003. Outfall 003 was essentially drinking water used to rinse dust and dirt from employees' automobiles. The rinse water is now being collected in a sump and pumped to the industrial wastewater treatment plant. The rinse water combines with the normal wastewater influent and is discharged after treatment to Outfall 001 (Wastewater Treatment Plant effluent stream). The project was issued as a permit modification under NPDES Permit No. NC0003875. STORM.WATER POLLUTION PREVENTION PLAN DEVELOPMENT AND IMPLEME14TATION CERTIFICATION N.C. Division of Water Quality, Stormwater and General Facility Name: CASTLE HAYNE, NC MANUFACTURING FACILITY Permit Number: NCS000003 Location Address: 5408 HOLLY SHELTER ROAD CASTLE HAYNE. NC 28429 County: KEW HANOVER its Unit " 1 certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SP P) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate, and complete" "I certify that the SPPP has been developed, signed and retained at the facility implemented at the named facility location in accordance with the tcnns and c permit." "I am aware that there are significant penalties for falsifying information, including imprisonment for knowing violations" Sign (according to permit signatory requirements) and return this STORMWATER POLLUTION PREVENTION PLAN WITH THE Signature Gene F. Renzagl a Print or type name of person signing above and the SPPP has been fully of the stormwater general possibility of fines and :rtifica ion. DO NOT SEND THE ERTI CATION_ Date r7 judo >< Si e Manager Title $PPPCenification 2J99 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director February 19, 1999 GENE F. RENZAGLIA OCCIDENTAL CHEMICAL COMPANY POST OFFICE BOX 368 CASTLE HAYNE, NC 28429 1� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal Occidental Chemical Company Permit Number NCS000003 New Hanover County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000003. This permit expires on August 31, 1999. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form. supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your application for renewal of your permit. The application form must be completed and returned along with all requested information within thirty days of receipt of this letter in order to constitute a timely renewal filing. Recent legislation modified the fee structure for DWQ permits. Renewal fees have been eliminated and annual fees have been changed. The new annual fee for your permit is now $715.00 (you will be invoiced later this year for your annual fee.) A copy of the new fee schedule is.enclosed in this package. Failure to request renewal within the time period indicated may result in a civil assessment of at least $250.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $10,000 per day. If you have any questions regarding the permit renewal procedures please contact Tony Evans of the Stormwater and General Permits Unit at (919) 733-5083, ext. 584. Sincerely, Bradley Bennett, Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Wilmington Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director February 19, 1999 GENE F. RENZAGLIA OCCIDENTAL CHEMICAL COMPANY POST OFFICE BOX 368 CASTLE HAYNE, NC 28429 NCD,ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal Occidental Chemical Company Permit Number NCS000003 New Hanover County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000003. This permit expires on August 31, 1999. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your application for renewal of your permit. The application form must be completed and returned along with all requested information within thirty days of receipt of this letter in order to constitute a timely renewal filing. Recent legislation modified the fee structure for DWQ permits. Renewal fees have been eliminated and annual fees have been changed. The new annual fee for your permit is now $715.00 (you will be invoiced later this year for your annual fee.) A copy of the new fee schedule is.enclosed in this package. Failure to request renewal within the time period indicated may result in a civil assessment of at least $250.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $10,000 per day. If you have any questions regarding the permit renewal procedures please contact Tony Evans of the Stormwater and General Permits Unit at (919) 733-5083, ext. 584. Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Wilmington Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper PSSD V-' CtNri"FAIL P11-rS FEE, 26 99 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 April7, 1999 Occidental Chemical Company Attn: John O'Janpa P.O. Box 368 Castle Hayne, North Carolina 28429 AM T l lk CDENR ""NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Permit Renewal Application Permit Number NCS000003 Individual Stormwater Permit New Hanover County Dear Mr. O'Janpa: The Division of Water Quality's Stormwater and General Permits Unit hereby acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000003 on 3/2/99. The submitted renewal package contained the following items: ➢ Signed application Site map > Analytical monitoring results summary Visual monitoring results summary I Best Management Practices summary Narrative describing significant changes at the permitted facility Signed Stormwater Pollution Prevention Plan certification A preliminary review of the submitted renewal application package has been conducted and it appears to be complete. No further information is required at this time. If you have any questions about the renewal process or would like to discuss this letter, please contact me at (919) 733-5083, extension 584. Sincerely, Original Signed By Antonio V. Evans, P.E. cc: Wilmington Regional Office Stormwater and General Permits Unit Central Files S W U-238-032499 P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50 % recycled/ 10 % post -consumer paper 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 Mr. Gene F. Renzaglia P.O. Box 368 Castle Hayne, NC 28429 Dear Mr. Renzaglia: August 31, 1994 Subject: Permit No. NCS000003 Occidental Chemical Corp. New Hanover County In accordance with your application for a stormwater discharge permit received on September 4, 1992, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina Gcneral Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory 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 General Statutes, and filed 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. Part 11, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal 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 Bill Mills at telephone number 919/733-5083. Sincerely, Original Signed By Coleen H. Sullins A. Preston Howard, Jr, P. E. cc: Mr. Jim Patrick, EPA Wilmington Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employe, 50% recycled! 10% Post -consumer paper COPIES OF PERMIT ARE TO.IIE SENT TO THE FOLLOWING: �I SIGNED ORIGINAL TO THE APPLICANT 1� SIGNED COPY TO CENTRAL FILES �I COPY TO REGIONAL OFFICE �l Copy To EPA COPY 'ro P & E FILE 1� COPY TO COMPLIANCE (NO BP) _ COPY'ro WAKE COUNTY _ COPY TO MECKLENBURG COUNTY _ COPY TO ESB COPY TO TRAINING & CERT. (No BP) y Permit No. NICS000003 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Occidental Chemical Corporation is hereby authorized to discharge stormwater front a facility located at 5408 Holly Shelter Road Castle Hayne New Hanover County to receiving waters designated as Northeast Cape Fear River, a class B- Sw stream, in the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. This permit shall become effective October 1, 1994. This permit and the authorization to discharge shall expire at midnight on August 31, 1999. Signed this day August 31, 1994. Original Signed By Coleen H. Sullins A. Preston Howard, Jr., P.E., Director Division of Environmental Management By the Authority of the Environmental Management Commission Permit No. NCS000003 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 Permit. All discharges shall be in accordance with the attached schedules as follows: Part I: Monitoring, Controls, and Limitations for Permitted Discharges Part II: Standard Conditions for NPDES Stormwater Permits Part III: Limitations Reopener Part IV: Administering and Compliance Monitoring Fee Requirements Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization or approval. This permit does npt relieve the permittee from responsibility for compliance with any other applicable federal,'fate, or local law, rule, standard, ordinance, order, judgement, or decree. Page 2 3812 2 5' 230 000I k; ( , llGi—� •, �— 77e52 "' 237 Maopad. edited. and published by the Geologica' Survey Cc by USGS. USCRGS, and North Carolina GceOe: c Survey S ;_ ,anny and or: ho ehor 0 mesa, c by o no l egr a m m e t:,: _. .. _.:rorn aer-a, n:'.o:og,aphs tak -n -�nl 1969 F _ _. ,ed I97C orolecoon. 1927 Nord, A--- can datum o) hl e.,^ cooil'.- at 238 235:'DO FEET 239 Permit No. NCS000003 PART I MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES ECTION A: FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGE During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified below. 1. 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 II, Standard Conditions, Section EX of this permit. The Plan shall include, at a minimum, the following items: a. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (1) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving 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. (2) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (3) . A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (4) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (5) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part ff, Standard Conditions, Section B .9. Page 4 Permit No. NCS000003 b. Stonnwater 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: (1) A study addressing the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practicable the permittee shall cover all storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, and visible sheens, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (3) A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. (4) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the stormwater systems. Spill Prevention and Response Plan. The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the plan shall be identified in the plan. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. e. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's Page 5 Permit No. NCS000003 operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified in the Plan. 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(s) assignments provided. Plan Ammendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part II, Standard Conditions, Section B, #9) to the Director that the changes have been made. h. Facility Inspections. Inspections of the facility and all• toimwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September -November) and once during the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Visual monitoring as required in I.A.2.g.(3) shall be performed in addition to facility inspections. Implementation. Implementation of the plan shall include documentation of 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. Page 6 Permit No. NCS000003 2 Minimum Monitoring and Reporting Requirements Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing by the Director of the Division of Environmental Management. a. If a facility has multiple discharge locations with substantially identical stonnwater 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. b. Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry weather flow shall be performed at all stormwater discharge our all locations. All visual monitoring shall be documented and records maintained with the Stormwater Pollution Prevention Plan. The initial visual monitoring event shall be performed simultaneously with the first analytical monitoring event and documentation of only this initial visual monitoring event shall be submitted along with the required analytical monitoring submittal. c. For purposes of the stormwater sampling required in this permit, all samples shall be collected from a discharge resulting from a representative storm event (See Part 11, Standard Conditions, Section A). Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. If the stonnwater runoff is controlled by a detention pond, the following sampling requirements shall apply: (1) If the detention pond detains the runoff generated by one inch of rainfall for 24 hours, visual observations for color, foam, outfall staining, visible sheens, and dry weather flow are required, but analytical sampling shall not be required. (2) If the detention pond discharges only in response to a storm event exceeding a 25- year, 24-hour storm (See Part II, Standard Conditions, Section A), the pond shall be considered a non -discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards. d. Samples analyzed in accordance with the terms of this permit shall be submitted on forms provided by the Director no later than January 31 for the previous year in which sampling was required to be performed. Analytical results from sampling during the final year of the permit term shall be submitted with the permit renewal application. This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (1) All other discharges that are authorized by a non-stormwater NPDES permit. (2) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant tlushings, water from footing drains, flows from riparian habitats and wetlands. (3) Discharges resulting from fire -fighting Page 7 Permit No. NCS000003 If the storm event monitored and reported in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor and report all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. g. Specific Stormwater Monitoring Requirements The specific stormwater monitoring requirements includes both analytical and visual monitoring of stormwater samples. Specific monitoring requirements are defined below. (1) Analytical Monitoring Stormwater Discharge Characteristics Unitj Measurement Frcr uenc I Sample T e2 Sample Location3 Nitrate + Nitrite Nitrogen mg1I annually Grab SDO Chromium m annually Grab SDO Total Rainfa114 inches Event Duration4 minutes Total Flow4 MG SDO Footnotes: I Measurement Frequency: Once per year with samples taken during the sampling window of April through November. The facility must perform analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. 2 Sample Type: Defined in Part II, Standard Conditions, Section A. 3 Sample Location: Samples to be taken at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 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 flow at 20 minute intervals during the rainfall event. (2) Cut-off Concentrations The arithmetic mean of all analytical sampling results collected during the term of the permit shall be calculated for each parameter and compared to the cut-off concentrations listed below. If the arithmetic mean meets the specified cut-off concentration condition for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter during the term of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring, the permitter is required to maintain facility operations that ensure the continuation of stormwater runoff quality. Page 8 Permit No. NCS000003 The permittee must perform analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit term must be submitted with the permit renewal application. t nnwater Di charge haractcriti Cut-off Concent ation Nitrate + Nitrite Nitrogen I 10 Mot (3) Visual Monitoring Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfall status, for the purpose of evaluating the effectiveness of the Slormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event. Stormwater Discharge Characteristics Fre uenc 1 Monitoring T e2 Monitoring Location3 Color Semi -Annual Visual SDO Odor Semi -Annual Visual SDO Claris Semi -Annual Visual SDO Floating Solids Semi -Annual Visual SDO Suspended Solids Semi -Annual Visual SDO Foam Semi -Annual Visual SDO Oil Sheen Semi -Annual Visual ' SDO Other obvious indicators of stormwater pollution Semi -Annual Visual SDO Footnotes: 1 Frequency: The first visual monitoring event during the term of the pen -nit must be performed during the initial analytical monitoring event. All subsequent visual monitoring will be performed twice per year, once in the spring and once in the fall. Monitoring Type: Visual monitoring requires a qualitative visual observation of each stormwater outfall. No analytical testing or sampling is required. 3 Sample Location: Stormwater Discharge Outfall (SDO) Pace 9 Permit No. NCS000003 (4) Analytical Monitoring Requirements for Vehicle Maintenance Activiticsl Stormwater Discharge Characteristics nits Measurement Frec uenc 2 Sample TVDe Sample Location3 H standard annually Grab SDO Oil and Grease m annually Grab SDO New Motor Oil Usagegallons/month annually Estimate SDO Total Flow4 MG annually Grab SDO Lead, Total Recoverablc5 u 1 annually Grab SDO Total Suspended Solids mgA annually Grab SDO Detergents (MBAS)6 m annually Grab SDO Footnotes: 1 Stormwater discharges from any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall be monitored by the permittee as specified above. 2 Measurement Frequency: Once per year with samples taken within the sampling window of April through November. 3 Sample Location: Samples to be taken at each stormwater discharge outfall (SDO) that discharges stormwater runoff from arca(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 stoma event. 5 Total recoverable lead monitoring is required only at facilities where fueling occurs. 6 Detergent monitoring is required only at facilities which conduct vehicle cleaning operations. (5) Cut-off Concentrations for Vehicle Maintenance Activities The arithmetic mean of all analytical sampling results collected during the term of the permit shall be calculated for each parameter and compared to the cut-off concentrations listed below. If the arithmetic mean meets the specified cut-off concentration condition for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter during the term of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring, the permittee is Page 10 Permit No. NCS000003 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 term regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit term must be submitted with the permit renewal application. t rmw ter Discharge Charactcristic Cut-off Concentration H1 within range 6.0 - 9.0 Oil and Grease < 30 mg/1 Lead, Total Recoverable < 0.033 mg/1 Total Suspended Solids < 100 mg1l Detergents (MBAS) < 0.50 m /l Footnotes: 1 pH cannot be averaged due to the nature of the logarithMic pH scale. The most recent pH sample result shall be used for cut-off concentration purposes. Page I 1 Permit No. NCS000003 SECTION B: SCHEDULE OF COMPLIANCE The permittee shall comply with Final Limitations and Controls specified for stornwater discharges in accordance with the following schedule: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as -specified in Part 1, Section A, 1. b. 2. of this permit, shall be accomplished within 12 months of the effective date of this permit. Permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater controls at optimum efficiency. Page 12 �. Individual Stormwater Page Al PART II STANDARD CONDITIONS FOR NPDES STORMWATER PERMITS I• : tt_ 0 �1• The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. u��,•'n-� i� Sul' Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Calculation of Means Means shall be calculated according to the following definitions: a. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). C. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers having a total storage capacity of greater than 1,320 gallons. The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. The rainfall runoff from or through any coal storage pile. Individual Stormwater Page A2 WMENFROUGM-93MI•1 The Division of Environmental Management, Department of Environment, Health and Natural Resources. The Director of the Division of Environmental Management, the permit issuing authority. The North Carolina Environmental Management Commission. Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 11. 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. All municipal separate storm sewers that are either: Located in an incorporated place with a population of 100,000 or more as determined by the Decennial Census by the Bureau of Census; or Located in the counties with unincorporated urbanized populations of 100,000 or more, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or C. Owned or operated by a municipality other than those described in paragraph (a) or (b) and that are designated by the Director as part of the large or medium separate storm sewer system. 13. 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. The owner or operator issued a permit. Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, Individual Stormwater Page A3 container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. • - -, . - •IN -,, A storm event that is between 0.2 and 0.8 inches of rainfall and which has a duration of greater than 3 hours and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. 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 A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; b . Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and c. That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 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. Individual Stotmwater Page A4 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 117.71) orsection 107ofCERCEA (Ref: 40 CFR 302.4). MAIMITO-1177M The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. . m • . . _i I . q ,_ The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. The term does not include discharges from facilities or activities excluded from the NPDES program. The following categories of facilities are considered to be engaging in "industrial activity": a. Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N Parts 400 - 471 (except facilities which are exempted under (k) of this definition); Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28, 29, 30, 311, 32, 33, 3441, 373; Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations meeting the definition of a reclamation area under 40 CFR 434.11(1)) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge storm water contaminated by contact with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator; Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA; Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this definition) including those that are subject to regulation under Subtitle D of RCRA; Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards and automobile junkyards, including but limited to those classified as Standard Industrial CIassification 5015 and 5093; Individual Stormwater Page A5 g. Steam electric power generating facilities, including coal handling sites; h. Transportation facilities classified as Standard Industrial Classifications 40, 41, 42, 44, and 45 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under (a)-(g) or (i)-(k) of this definition are associated with industrial activity; Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including lands dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR part 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the CWA; Construction activity including clearing, grading and excavation activities except: operations that result in the disturbance of less that five acres of total land area which are not part of a larger common plan of development or sale; k. Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise included within (a)-O) of this definition). For the categories of industries identified in (a) through () of this definition the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater. For the categories of industries identified in (k), the term includes only stormwater discharges from all areas listed in the previous sentence (except access roads) where material handling equipment or activities, raw material, intermediate products, final products, waste material, by-products, or industrial machinery are exposed to stormwater. Material handling activities include the: storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product The term excludes areas located on plant lands separated from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas. Individual Stormwater Page A6 Industrial facilities (including industrial facilities that are Federally or municipally owned or operated that meet the description of the facilities listed in (a)-(k)) include those facilities designated under 40 CFR 122.26(a)(1)(v). The precipitation event of a duration which will produce the maximum peak rate of runoff for the watershed of interest resulting from a rainfall event of an intensity expected to be equaled or exceeded, on the average, once in ten years. rim aM1 The flow corresponding to the time period over which the sample collection occurs. The total flow calculated based on the size of the area draining to the outfall, the amount of the built -upon (impervious) surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period. Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Grab samples are individual samples collected instantaneously. Grab samples that will be directly analyzed or visually monitored must be taken within the first 30 minutes of discharge. Grab samples for compositing purposes must be collected at no greater than 20 minute intervals. Composite Sample: a composite sample shall mean: (1) A flow -weighted composite sample, which is a mixture of aliquots collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of the discharge at the time the sample is collected; or (2) A time -weighted composite sample, which is a mixture of equal volume aliquots collected at a constant interval of time. A composite sample can be obtained from the collection of a series of grab samples, taken at intervals of no greater than 20 minutes for the entire storm event or the first three hours of the storm event. The grab sample to be composited must be of no less than 100 milliliters. Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,-gravity,•oricefronrits site of origin which can be seen with the unaided eye. Individual Stormwater Page A7 30. Waste Pile Any non -containerized accumulation of solid, non -flowing waste that is used for treatment or storage. The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Individual Stormwater Page A8 1. Duty to Comp.4 The permittee must- comply with all condition"f 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 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).] Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. KNINIMMOMIN-M � 1 1. ifria Except as provided in permit conditions on "Bypassing" (Part II, C.3.), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsibtefor consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4 Individual Stormwater Page A9 Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. R�TWMM Mull The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 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 this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this permit. The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, 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. All applications, reports, or information submitted to the Director shall be signed and certified. All applications shall be signed as follows: p) 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 Individual Stormwater Page A 10 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 exceeding25 million (in secondquarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. All reports required by the 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. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the 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. Individual Stormwater Page AI I •-u1 : 6M This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. 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 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 permit. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit a. Definitions (1) 'Bypass" means the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass Not Exceeding Limitations. The perminee may allow any bypass to occur which does not cause limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. Notice p) 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. Individual Stormwater Page Al2 (2) Unanticipated bypass. The permittee shall submit notice within 24 hours of an unanticipated bypass as required in Part fl, E. 5. of this permit. (24- hour notice). Prohibition of Bypass Bypass is prohibited and the Director may take enforcement action against a permittee for bypass, unless: (1) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (2) 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 (3) The permittm submitted notices as required under Paragraph c. of this section. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in Paragraph d. of this section. ONEV91� a. Definition "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. Effect of an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. C. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: . (1) An upset occurred and that the permittee can identify the cause(s) of the upset; 4 .. Individual Stormwater Page A13 (2) The permitted facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 5. (b) (B) of this permit (4) The permittee complied with any remedial measures required under Part II, A. 2. of this permit. d. Burden of Proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points shall not be changed without notification to and approval of the Director. Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to 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 permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved Individual Stormwater Page A14 L methods are determined capable of achieving minimum detection and reporting levels below general permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 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 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. Records Retention The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. For each measurement, sample, inspection or maintenance activity performed or taken pursuant to the requirements of this permit, the permittee shall record the following information: 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; The date(s) analyses were performed; d. The individual(s) who performed the analyses; The analytical techniques or methods used; and The results of such analyses. 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; Individual Stormwater Page Al 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 permit-, b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. 1 -.4461811 amsIns R The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Pan 122.42 (a) (1). The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with the permit requirements. This 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 permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Monitoring results shall be reported at the intervals specified elsewhere in this permit. JJU.TsJ#A%foM:n*Mv<T@TsTt RN 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 Individual Stormwater Page A16 of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. C. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 6. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 4. and 5. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part H. E. 5. of this permit. 7. 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 permit or in any report to the Director, it shall promptly submit such facts or information. 8. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.6B or in Section 309 of the Federal Act 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. . 0 — Individual Stormwater Page A17 PART III LIMITATIONS REOPENER This 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 permit; or controls any pollutant not limited in the permit The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. ADMINISTERING PART IV AND COMPLIANCE REQUIREMENTS MONITORING FEE 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 permit. -6400 Y - 6200 PLANT NORTH offlorsTers, -5600 —5400 -5200 HYDRATED LIME & CRUSHED LIMEST( UNLOADING SULF ACID TRA CAFETERI COOLING TWR V #G FUEL OIL STORAGE STORM WATER #2 FUEL OIL SODA ASH/ LIME UNLOADIN OIL STORAGE ❑ CONST PWK SHED PAINT SANDBLAST AREA OWELL STORAGE HOUSE SHAW SH SHAW STO ® AS CYLINDER STORAGE r-------!--------------� I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I EMERGENCY EVACUATION CRITT R I ROUTE BLDG MOTOR STG. I I I I I GATE CHROME CHROME ORE 5000 O O O O L �n O O 00 L7 O O O O O O O (D V Q9 D c9 I I I ----------- ------------- — -------- ----------- RAIL ROAD O O O O O O QO Co DIRT ROAD O i9 w 1` O O (V - O O O O O O �t o - r-- rl- OTHER APPROVALS: DATE PLANT APPROVALS: DATE APPROVAL: O'D.LDRENGR. DATE ELEMENTIS CM n W UN STR.& CIVIL MECHANICAL ELECT.& INST. PROCESS PROJECT E UPDATE PER B. HOLLINGER GNL 5/04 CASTLE HAYNE. NC D CASTLE HAYNE PLANT SITE PLAN IMPERVIOUS SURFACE AREAS G DRAWN BY: BST DATE2-22-96 DESG.CAL.BY: DATE CHECKED BY: DATE B A INITIAL ISSUE BST SCALE: I:80 AREA N0. 929 IDWG.NO. M92901 05 1 E NO. REVISIONS DRWNICHKDI APP JDATEIN0.1 REVISIONS DRWN CHKD APP DATE nrN\M929C905—For the State..dan 50,]7 PM LEGEND DRAINAGE AREA BOUNDARIES REGULATED DISCHARGE STRUCTURES —► FLOW DIRECTION INDICATORS 00/ CURRENT INDUSTRIAL DISCHARGE POINTS 005 PERMITTED STROMWATER POINTS B ADD PLANT SITE PLAN (M9290105-E.DGN) A INITIAL ISSUE NO. REVISIONS ...A0 NIA-+R3(�6�7 Fo' tFe S`,irP cgn )5 IWC19 33:45:21 FH SCALE 0 560 1000 G N L 1 15-7-04 BST I 11-15-96 DRWN CHKDJ APP JDATE1N0. REVISI FF qR R �R I ZR, t JF DRWNICHKDIAPPIDATE DATE APPROVAL: sc STIR. & CIVIL MECHANICAL ELECT.& INST. PROCESS PROJECT DRAWN BY: BS DESG.CAL.BY: CHECKED BY: LORIENGR.I DATE -ELEM-ENTRS CASTLE HAYNE, NC HROO MUM CASTLE HAYNE PLANT DATE DATE STORMWATER POLLUTION PREVENTION PLAN SITE MAP DATE SCALE :SEE BAR SCALE AREA N0. GEN PLANT DWG. N0. 3W0983-17 B —ty TFr lr7P I! I- /1 Sc ��:�1 ; ,� ! f ll.f r � 1 . r ,'r I.�r r 1 • 1� .. .. / r l. r ..1. 11'� 1 ! r�''a l}