HomeMy WebLinkAboutNCS000321_APPLICATION_20140516STORMWATER DIVISION CODING SHEET
NCS PERMITS
PERMIT NO.
DOC TYPE
❑ FINAL PERMIT
❑ MONITORING REPORTS
APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ 10 t Ll Uc
YYYYM M D D
erl hia G/Ofq � � Allw5
Wyk —
RECENED
01162014
DENR•IAND DUALITY
Memorandum STMMWATERPERMITTING
To: NCDENR— StormwaterPermittingProgram
From: Joe Parkulo, HSES Manager
Date: May 9, 2014
Re: Significant Changes Since Last SW Permit — 2009-2014 NCS000321
Since our current permit NCS000321 was issued in 2009, the following significant changes have
occurred at this site.
1. Elimination of Styrene-Butadiene latex production — this change involved shutdown of 3 latex
reactors and removal of several raw materials from the site including butadiene and
mercaptan. Since styrene is still used in other products, it is still on site. Equipment used in
the SB production area is still operating in the production of acrylic latexes. Elimination of the
SB products has also greatly reduced the volume of product railcars filled on site, thus reducing
the potential for a spill to stormwater.
2. Additional Asphalt and Concrete Impervious Surfaces — several areas have been paved in the
past 5 years, thus reducing the potential for erosion. Specific areas paved include the road
beside the flare that leads to the southeast tanker truck parking lot.
0 Page 1
Site: Lubrizol, Gastonia Facility
BMP IDENTIFICATION Completed By: J.Parku/o
Worksheet #7a Title: HSES Manager
Date: January 2014
Instructions: Describe the Best Management Practices that you have selected to include in your plan. For each of the baseline BMPs, describe
actions that will be incorporated into facility operations. Also, describe any additional BMPs (activity and site -specific) that you have
selected. Attach additional sheets if necessary.
Best Management Practices
Brief Description of Activities
Good Housekeeping
Train employees in basic cleaning procedures (sweeping, visual inspections);
Ensure regular pick-up of trash.
Preventative Maintenance
Monthly inspection of outside areas and record on inspection checklist;
Ensure that stormwater conveyance system is clear.
Inspections
Daily inspection of good housekeeping no records required);
Monthly inspection of outside areas (record on inspection checklist);
Record visual monitoring results of outfall #2 before discharge to local waters.
Spill Prevention and Response
Pollution Prevention Team attends annual training and will maintain adequate response supplies.
Emergency Response Team performs annual spill drills.
When possible, recycle, reduce, and reuse process materials to minimize waste on -site.
Sediment and Erosion Control
Maintain grassed areas: re -seed as necessary.
Monthly inspection of outfal/sto look for signs of erosion.
Management of Runoff
Continue good housekeeping and preventative maintenance measures;
Provide runoff awareness training.
Additional s
(Activity Specific and Site Specific)
Provide routine inspections of gasoline tank area; Send scrap metal and equipment to reclaimer;
Investigate the feasibility of providing a canopy for scrap storage area, pallet storage area, and empty drum storage area;
Store salt bags inside the building; Investigate the feasibility of providing covers for sludge dumpsters; Include loading dock
areas, trailer storage areas, and railcar Farea in monthly inspection schedule.
Environmental Resources Management 3-19 8FGood19234/SW3PL0G.xls,0cl-99
Site: Lubrizol, Gastonia Facility
BMP IDENTIFICATION Completed By: J.Parku/o
Worksheet #7a Title: HSES Manager
Date: January 2014
Instructions: Describe the Best Management Practices that you have selected to include in your plan. For each of the baseline BMPs, describe
actions that will be incorporated into facility operations. Also, describe any additional BMPs (activity and site -specific) that you have
selected. Attach additional sheets if necessary.
Best Management Practices
Brief Description of Activities
Good Housekeeping
Train employees in basic cleaning procedures (sweeping, visual inspections);
Ensure regular pick-up of trash.
Preventative Maintenance
Monthly inspection of outside areas and record on inspection checklist;
Ensure that stormwater conveyance system is clear.
Inspections
Daily inspection of good housekeeping no records required);
Monthly inspection of outside areas (record on inspection checklist);
Record visual monitoring results of outfall #2 before discharge to local waters.
Spill Prevention and Response
Pollution Prevention Team attends annual training and will maintain adequate response supplies.
Emergency Response Team performs annual spill drills.
When possible, recycle, reduce, and reuse process materials to minimize waste on -site.
Sediment and Erosion Control
Maintain grassed areas: re -seed as necessary.
Monthly inspection of outfallsto look for signs of erosion.
Management of Runoff
Continue good housekeeping and preventative maintenance measures;
Provide runoff awareness training.
Additional s
(Activity Specific and Site Specific)
Provide routine inspections of gasoline tank area; Send scrap metal and equipment to reclaimer;
Investigate the feasibility of providing a canopy for scrap storage area, pallet storage area, and empty drum storage area;
Store salt bags inside the building; Investigate the feasibility of providing covers for sludge dumpsters; Include loading dock
areas, trailer storage areas, and railcar area in monthly inspection schedule.
Environmental Resources Management 3-19 8FGood/9234/SW3PL0G.xls,0ct-99
Site: Lubrizol, Gastonia Facility
IMPLEMENTATION Completed By: J.Parkulo
Worksheet #8 Title: HSES Manager
Date: January 2014
Instructions: Develop a schedule for implementing each BMP. Provide a brief description of each BMP, the steps necessary to implement the BMP
(i.e., any construction or design), the schedule for completing those steps (list dates) and the person responsible for implementation.
Best Management Practices
Description of Action(s) Required for
Scheduled Completion
Person
Notes
Implementation
Date(s) for
Responsible
Required Action
for Action
Good Housekeeping
1. Train employees on Good Housekeeping Procedures
On -going
Joe Parkulo
Annually
2. Ensure dumpsters are emptied regularly
On -going
Joe Parkulo
Preventative Maintenance
1. Inspect outside areas
On -going
Joe Parkulo
Monthly
2. Clear stormwater grates of sediment and debris
As needed
Joe Parkulo
Monthly
Inspections
1. Bi-annual inspection of ouffalls
On -going
Joe Parkulo
Bi-annually
2. Monthly inspection of outside areas
On -going
Joe Parkulo
Monthly
3. Weekly inspections of all tanks
On -going
Joe Parkulo
Weekly
Spill Prevention and Response
1. Pollution Prevention Team annual review of SW3P.
On -going
Joe Parkulo
Annually
On -going
Joe Parkulo
Annually
2. Emergency Response Team annual spill drills.
Sediment and Erosion Control
1. Maintain grassed areas
On -going
Joe Parkulo
Management of Runoff
1. Maintain existing Good Housekeeping BMPs
On -going
Joe Parkulo
2. Maintain existing Preventative Maintenance BMPs
On -going
Joe Parkulo
3. Provide runoff awareness training
On -going
Joe Parkulo
Annually
Additional BMPs
1. See WS-7a
January 2014
Joe Parkulo
(Activity Specific and Site Specific)
Environmental Resources Management 3-20 BFGood/9234SW3PL0G.xIs,0ct-99
Site: Lubrizol, Gastonia Facility
IMPLEMENTATION Completed By: J.Parkulo
Worksheet #8 Title: HSES Manager
Date: January 2014
Instructions: Develop a schedule for implementing each BMP. Provide a brief description of each BMP, the steps necessary to implement the BMP
(i.e., any construction or design), the schedule for completing those steps (list dates) and the person responsible for implementation.
Best Management Practices
Description of Action(s) Required for
Scheduled Completion
Person
Notes
Implementation
Date(s) for
Responsible
Required Action
for Action
Good Housekeeping
1. Train employees on Good Housekeeping Procedures
On -going
Joe Parkulo
Annually
2. Ensure dumpsters are emptied regularly
On -going
Joe Parkulo
Preventative Maintenance
1. Inspect outside areas
On -going
Joe Parkulo
Monthly
2. Clear stormwater grates of sediment and debris
As needed
Joe Parkulo
Monthly
Inspections
1. Bi-annual inspection of outfalls
On -going
Joe Parkulo
Bi-annually
2- Monthly inspection of outside areas
On -going
Joe Parkulo
Monthly
3. Weekly inspections of all tanks
On -going
Joe Parkulo
Weekly
Spill Prevention and Response
1. Pollution Prevention Team annual review of SW3P.
On -going
Joe Parkulo
Annually
On -going
Joe Parkulo
Annually
2. Emergency Response Team annual spill drills.
Sediment and Erosion Control
1. Maintain grassed areas
On -going
Joe Parkulo
Management of Runoff
1. Maintain existing Good Housekeeping BMPs
On -going
Joe Parkulo
2. Maintain existing Preventative Maintenance BMPs
On -going
Joe Parkulo
3. Provide runoff awareness training
On -going
Joe Parkulo
Annually
Additional BMPs
1. See WS-7a
January 2014
Joe Parkulo
(Activity Specific and Site Specific)
Environmental Resources Management 3-20 BFGood/9234SW3PLOG.xls.0ct-99
Memorandum
To: NCDENR— StormwaterPermittingProgram
From: Joe Parkulo, HSES Manager
Date: May 9, 2014
Re: Significant Changes Since Last SW Permit — 2009-2014 NCS000321
Since our current permit NCS000321 was issued in 2009, the following significant changes have
occurred at this site.
Elimination of Styrene-Butadiene latex production — this change involved shutdown of 3 latex
reactors and removal of several raw materials from the site including butadiene and
mercaptan. Since styrene is still used in other products, it is still on site. Equipment used in
the SB production area is still operating in the production of acrylic latexes. Elimination of the
SB products has also greatly reduced the volume of product railcars filled on site, thus reducing
the potential for a spill to stormwater.
2. Additional Asphalt and Concrete Impervious Surfaces — several areas have been paved in the
past 5 years, thus reducing the potential for erosion. Specific areas paved include the road
beside the flare that leads to the southeast tanker truck parking lot.
0 Page 1
RECEIVED
101 16 2014
DENRw1A4o QUALITY
STORMWATER PERM
STORMWATER DISCHARGE OUTFALL (SDO)
ANALYTICAL MONITORING REPORT
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NCS 000"3V
Georgoulias, Bethany
From: Georgoulias, Bethany
Sent: Tuesday, February 02, 2010 11:11 AM
To: Bell, Wes; Weaver, Charles
Cc: Sledge, Bob; Bennett, Bradley; Belnick, Tom
Subject: RE:
Wes,
Are you asking the supervisors to discuss what should happon with the renewal of this permit in 2014 — whether it
should be a combined SW/W W permit? I don't think the groups will take on that task in the immediate future, unless
the company requests a major modification under the NCS permit or applies for an individual wastewater permit.
I still think the lingering question is compliance under the NC-] permit that's in NPDES, and we can't answer that here in
SPU.
You could argue that under the stormwater permit, they are actually discharging a wastewater, but we are unlikely to
get rid of the NCS permit without the NPDES wastewater permit having SW pollution prevention measures in it. Their
NCG permit coverage does not include that. I'm not sure there's much we would do until renewal of this one, unless
compliance and enforcement is pursued.
Bethany Georgoulias
Environmental Engineer
NCDENR I DWQ I Stormwater Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
512 N. Salisbury St, Raleigh, NC 27604
Phone: (919) 807-6372
Fax: (919) 807-6494
NEW Website: http://portal.ncdenr.org/web/wq/ws/su
E-mail correspondence to and from this address may be subject to the North
Records Law and may be disclosed to third parties.
From: Bell, Wes
Sent: Tuesday, February 02, 2010 10:24 AM
To: Weaver, Charles; Georgoulias, Bethany
Subject:
Irk*VAW 2k y Sew
NCS�1o3Z9 CNVaI)
,;cc VL6M/ We -
I A
ASGk
Has anyone heard any guidance regarding how DWQwill address the comingling of WW and SW at the Lubrizol facility
that we recently discussed the other week?
M11.3
Wes Bell - Wes.Bell@ncdenr.gov
North Carolina Dept. of Environment & Natural Resources
Div. of Water Quality
610 E. Center Ave., Suite 301
Mooresville, NC 28115
Ph:704.663.1699 Fax:704.663.6040
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Georgoulias, Bethany
Sent: Thursday, January 28, 2010 7:50 AM
To: Weaver, Charles
Cc: Bell, Wes; Lowther, Brian; Bennett, Bradley
Subject: RE: Lubrizol Advanced Materials, Inc. (formerly Noveon, Inc.)
Charles,
I talked to Wes about this yesterday. We did a combined SW with NCC/BB water once before —it was sort of a creative
approach that I worked with Brian Lowther on, because technically, when everything commingles, it is all wastewater.
told him we could look at doing this one that way at the next renewal, but it's a ways out (2014, 1 believe). The other
choice is for the facility to apply sooner for a major mod to the SW permit (I wouldn't consider it minor). The issue
seemed to be compliance with the NCG permit they have for the wastewater discharge. It seemed to me that several
permittees under that permit must have challenges trying to sample prior to commingling with stormwater, so I was
wondering how often you guys get that question or have chased compliance issues with it.
0.
There is also the option of issuing an individual NCxx permit because it really is all technically a wastewater discharge;
we just run the risk of losing the Stormwater Pollution Prevention Plan requirements and monitoring parameters unless
it's coordinated with us.
Anyway, ultimately it's probably up to Bradley and Tom to decide whether this should stay as is (knowing there's a
possible compliance issue with where they currently sample the WW), or be condensed into one permit in one of our
groups.
-Bg
Bethany'Georgoulias
Environmental Engineer
NCDENR I DWQ I Stormwater Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
•512 N. Salisbury St, Raleigh, NC 27604
Phone: (919) 807-6372
Fax: (919) 807-6494
NEW Website: http://portal.ncdenr.org/web/wq/ws/su
E-mail correspondence to and from this address may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
From: Weaver, Charles
Sent: Thursday, January 28, 2010 7:30 AM
To: Georgoulias, Bethany
Subject: FW: Lubrizol Advanced Materials, Inc. (formerly Noveon, Inc.)
Have a look at this and tell me what you think.
I need to speak with Sergei and/or Tom about it from our side.
CHW
From: Bell, Wes
Sent: Wednesday, January 27, 2010 3:34 PM
To: Weaver, Charles
Subject: Lubrizol Advanced Materials, Inc. (formerly Noveon, Inc.)
Charles, I recently inspected Lubrizol Advanced Materials, Inc. (NCG500210 and NCS000321 Permits) found that the
noncontact cooling water (NCCC) and boiler blowdown (BB) wastewaters are comingled with the stormwater prior to
discharge. The NCCC and BB are discharged into the facility's stormdrains at separate locations throughout the facility.
All Stormwater and NCCC/BB are collected in an initial concrete holding basin (221,228 gallon capacity) end is then
Y
pumped to an adjacent concrete holding basin (418, 160 gallon capacity). The staff initiate a recirculation pump (that
pulls from the bottom) to thoroughly mix this basin prior to collecting samples for process control to ensure the water
meets appropriate limits and detect any possible leakages/spills that could have happened in the plant. This
recirculation also provides some aeration to the water. An on -site lab performs these process control analyses and If all
parameters are within levels, then a discharge event will occur. When this happens, they contract a certified lab (twice
per year) to perform all required analyses (Wastewater and Stormwater) on the discharge. That's a quick background
and now here's the point of the question...
The NCCC/BP Permit requires sampling prior to comingling with stormwater; however, it's not currently feasible to
collect a representative sample prior to the basins. In addition, the NCCC and BB units are located throughout the
facility and it would be a quite an ordeal (economically) to attempt to pipe all these together to get an isolated sample
prior to comingling with the stormwater. The individual stormwater permit (expires 6/30/14) requires more sampling
parameters (BOD, COD, pH, TSS, Zn) than the NCCC Permit. Do you know of any way to address this situation besides
the facility applying for an individual NPDES Permit with the inclusion of,the stormwater requirements. Could the NCCC
and BB limits be included in the individual stormwater permit? Thanks for any assistance you can provide with this
matter.
Pi9:7
Wes Bell - Wes.Bell@ncdenr.gov
North Carolina Dept. of Environment & Natural Resources
Div. of Water Quality
610 E. Center Ave., Suite 301
Mooresville, NC 28115
Ph:704.663.1699 Fax:704.663.6040
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
o�®
MC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
DATE: April 8, 2009
TO: Gaston Gazette
Fax: 704-884-3031
FROM: SARAH YOUNG, DIVISION OF WATER QUALITY
SUBJECT: PUBLIC NOTICE
PAGES: I
Dee Freeman
Secretary
Alt CV 1, ?a
Please publish only the information (Public Notice)-belma; ONETIME in the legal section of your paper by'I'uesday, April 14, 2009. ['lease
fax a copy of the proof to me at 919-807-6494 for final approval prior to publication. Within 10 days after publish date, please send the
invoice and two copies of the original affidavit to:
Sarah Young
NCDENR/DWQ 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: wcAy.ncwalerqualily.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCai-olina
Naturally
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
PUBLIC NOTICE
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
Dee Freeman
Secretary
Chemtura Corp., 214 West Ruby Ave., Gastonia, NC 28054 has applied for an NPDES Stormwater Permit to
discharge stormwater associated with industrial activities at a facility located at the above address, Gaston County.
The facility discharges to waters designated as Catawba Creek, within the Catawba River Basin. The draft permit
number is NCS000311.
Lubrizol Advanced Materials, Inc., 207 Telegraph Dr., Gastonia, NC 28056 has applied for an NPDES Stormwater
Permit to discharge stormwater associated with industrial activities at a facility located at Lubrizol Advanced
Materials, Inc., 207 Telegraph Dr., Gastonia, INC, Gaston County. The facility discharges to waters designated as an
unnamed tributary to Crowders Creek, within the Catawba River Basin. The draft permit number is NCS000321.
Color Mate Incorporated, PO Box 2566, Gastonia, NC 28053 has applied for an NPDES Stormwater Permit to
discharge stormwater associated with industrial activities at a facility located at Color Mate Incorporated, 5025 S York
Rd, Gastonia, NC, Gaston County. The facility discharges to waters designated as an unnamed tributary to
Crowders Creek, within the Catawba River Basin. The draft permit number is NCS000163.
Copies of the draft permits, Nos. NCS000311, NCS000321, and NCS000163 are available at the following website:
http://h2o.enr.state.nc.us/su/publicnotice.htm
Or, for NCS000311, by contacting:
-oYNRobert Patterson
INC Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Telephone Number: (919)-807-6375
robert. oatterson(d)ncmai1.net
For NCS000321 and NCS000163, by contacting:
Brian Lowther
NC Division of Water Quality
1617 Mail Service Center
Raleigh, INC 27699-1617
Telephone Number: (919)-807-6383
brian.lowther@ncmail.net
Persons wishing to comment upon or object to the proposed determination are invited to submit their comments in
writing to the above address no later than May 14, 2009. All comments received prior to that date will be considered
in the final determination regarding permit issuance. All comments and requests should reference the appropriate
draft permit number.
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: vw .ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
Noi thCarolina
Naiiiil
04/09/2009 11:19 7048843031
PAGE 01/03
IN PRINT. ONLINE. AN. .�
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
Phone: 704-869-:1742 Fax: 704-884-3031 . Email:. beberlina gastongazette com
To: Sarah Youn.1 From: Bernadette
NC Dept of Environmental &
Natural of Water
���
Division of Waterr Quality
Fax:919-807-6491
Phone:919-807-6300
Re: Proof of legal notice
Comments:
Pages: 3
Date: April 9, 2009
CC:
APR 0 9 2009
Good morning, Sarah. Following is a proof of your legal notice for Stormwater Permits
scheduled to publish in The Gazette one time only on Tuesday, April 14, 2009. Cost is
$269.75. Please advise beifore 4pm Friday, .April 10 if changes are needed. Thanks!
04/09/2009 11:19 7048943031
PAGE 02/03
Page
1 of 2 04/09/2)09 11:04:01
Order N umber
PO Number
54430041 -
Ad Number
Ad Key
Customer
Contact
Salesperson
30292309 NCDE<`IR/DWQ/StormwaterPermction@ Publication
Sarah
Addressl
Addressl
Young
1617 Mail Service Center
Sub Section
City Zip
Phonea
Raleigh NC 276991617
Category
Dates Run
Fax
(919)780-7636 x8
Days
Credit Card
(919) 733-0719
Size
Printed By
Entered B
Bernadette Eberli
Words
Ad Rate
y
Bernadette Eberli
Ad Price
Keywords
Notes
Amount Paid
NPDES stormwater Permits: Chemtura Car Amount Due
Zones
P NCS00031.1
PUBLIC NOTICE
STATE OF NORTH
CAROLINA
ENVIRONMENTAL
MANAGEMENT
COMMISSION
1617 MAIL SERVICE
CENTER
RALEIGH, NORTH
CAROLINA 27699.1617
Chemtura Corp., 214 West
Ruby Ave. Gastonia, NO
i'28054 has applied for an
NPDES Stormwe ter Permit
to discharge stormwater
associated with industrial
activities at a facility to-
caled at the above ad- '
dross. Gaston County. The
facility discharges to wa•
ters designated as Ca-
tawba Creek, within the
Catavrila River Basin. The
draft permit number is
NCS000311.'
Lubrizol Advanced Mated.
als. Inc., 207 Telegraph
Dr., Gastonia, NO 2BO58
has applied for an NPDES
Slormwater Permit to dis-
charge stormwater associ-
ated with industrial aclivl-
ties at a facility located at
Lubrizol Advanced Male-
rlals, Inc., 207 Telegraph
Dr., Gastonia, NC, Gaston
County. The facility His.
.,charges to waters desig-
noted as an unnamed Irlb- `
Wary to Crowders Creek,
wllhln the Catawba River
Basin, The draft permit
number is NCS000321.
Color Mate Incorporated,
PO Box 2566, Gastonla,
NC 28053 has apPllad for
an NPDES term ter
Permit to discharge storm.
water associated with in-
dustrial act It"' at a facil-
Ity located al Color to
Incorporated, 5025 S, Vork
Rd., Gastonia, NC, Gaston
County. The facility dis-
charges to waters desig-
54457945
68 - Bernadette Eberli
Gazette
Classified Section
Classified Section
Lega is Otto
00/00/0000-00/00/0000
0
1 x 12.35, 119 lines
326
L2 - Gaston
0.00
0.00
0.00
04/09/2009 11:19
Page :2 of 2
7046843031
04,09/2009 11:04:01
PACE 03/03
Order Number
PO Number
Customer
Contact
Addressl
Address2
City St Zip
Phone
Fax
Credit Card
Printed By
Entered By
Keywords
Notes
Zones
C
nated as an unnamed Crib.
utary to Crowdars Creek,
within the Catawba River
Basin. The draft permit
number Is NCS000163.
Ccpios of the draft permits,
Nos. NCSD00311:
NCS000321, and
NCS000163 are available
of fha following webslla:
o
htlo7/h2e r ss to ec t /
su/oublcnatic htm
Or, for NCS000311, by
contacting:
Robert Patterson
NO Division of Water
Quality
1617 Mail Service Center
Raleigh, NO 27599.1017
Telephone Number:
(919)807-6375
foberto tte 0
�ncma'Inet
For NCS000321 and
NCS000163, by
contacting:
Brian Lowther
NO Division of Water
Quality
1617 Mail Service Center
Raleigh, NO 27099.1617
Telephone Numbac
(919)807-6383
brian lot Iherroln 't
net
Persons wishing to cam.
ment upon or object to the
proposed determination
are Invited Id submit Ihelr
comments In wiling to the
above address no later
than May 14 2009. All
comments received pnor to
"al data will be considered
In the tinol determination
regarding permit Issuance.
All comments and requests
5-should reference the ap-
Pmprote draft permit rum.
ber.
1C-Aprli 14, 2009.
Ad Number
54430041
Ad Key
Salesperson
30292309 NCDENR/DW O/5tormwaterPermSectlonlit
Publication
Sarah Young
1617 Mail Service Center
Sub Section
Category
Raleigh NIC 276991617
Dates Run
(919)780-7636 x8
- Days
(919)733-0719
Size
Words
Bernadette Ebert!
Ad Rate
Bemadelte Eberli
Ad Price
Amount Paid
Amount Due
NPDES Slormwater Permits: Chemtura Corp.
NCS000311
54457945
58 - Bernadette Ebert --
Gazette
Classified Section
Classified Section
Legals 000
00/00/0000-00/00/0000
0
1 x 12.35, 119 lines
326
L2 - Gaston
0.00
0.00
0.00
1P,I�
AFFIDAVIT OF INSERTION OF ADVERTISMENT
The Gaston Gazette
Gastonia, N.C.
Gaston County
The Gaston Gazette does certify that the advertisement for:
NPDES Stormwater Permits: Chemtura Corp. NCS000311/Lubrizol Advanced Materials,
Inc.
Measuring 12.35 inches appeared in The Gaston Gazette, a newspaper published in
Gaston County, Gastonia, N.C., in issue(s):
04/14/2009.
Name of Account: NCDENR/DWQ/Stormwater Permitting Unit
Order Number: 54430041
Ad Number: 54457945
Sworn to, and subscribed before me this 21 st day of April, 2009.
My Commission Expires July 4, 2012
F\NATF
�Q 9Q Michael P. Easley, Governor
9 William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Q 'C Coleen H. Sullins, Director
Division of Water Quality
December 4, 2008
Joe Parkulo
Noveon, Inc.
207 Telegraph Drive
Gastonia, NC 28056
Subject: NPDES Permit Renewal Application
Noveon, Incorporated - Gastonia
Permit Number NCS000321
Individual Stormwater Permit
Gaston County
Dear Mr. Parkulo:
The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of
your renewal application for coverage under NPDES Permit Number NCS000321 on November 3,
2006. We apologize for the lengthy delay in responding to your submittal 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.
Sincerely,
Brian C. Lowther
Environmental Engineer
Stormwater Permitting Unit
cc: Mooresville Regional Office
Stormwater Permitting Unit Files
Central Files
om
NehCarolina
,/ W11rall1f
North Carolina Division of Wmer Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
Internet: h2o.enrslale.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6749
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
ap AZA.
HC®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 16, 2009
Joe Parkulo
Noveon, Inc.
207 Telegraph Drive
Gastonia, NC 28056
Subject: NPDES Permit Renewal Application
Noveon, Incorporated - Gastonia
Permit Number NCS000321
Individual Stormwater Permit
Gaston County
Dear Mr. Parkulo:
The Division.of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of
your renewal application for coverage under NPDES Permit Number NCS000321. We are currently
reviewing your renewal application. During our review we noticed overdue or unpaid permit fees
associated with this permit. Attached is an invoice that must be paid before the permit can be renewed.
Please provide payment within 30 days of receiving this letter.
If you have any questions about this matter, please contact me at (919) 807-6368.
cc: Mooresville Regional Office
Stormwater Permitting Unit Files
Central Files
Attachments: 2008 invoice
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
Sincerely,
z /'
Brian C. Lowther
Environmental Engineer
Stormwater Permitting Unit
Nor thCarolina
Naturally
NORTH DEPARTMENT
ENV RONMENTOLINA AND NATURAL RESOUORCES I I I II III I I I I I I II II I I II
2 0 0 8 P R 0 1 0 6 1 7
INVOICE
Annual Permit Fee Overdue
This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your
permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility's operating
status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation
and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is needed, you must reapply, with the
understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions.
Permit Number: NCS000321
Gaston County
Noveon Incorporated - Gastonia
Johnny Ross
Lubrizol Advanced Materials Inc
207 Telegraph Dr
Gastonia, NC 28056
Annual Fcc Period: 2008-09-01 to 2009-08-31
Invoice Date: 10/15/08
Due Date: 11/14/08
Annual Fee: $860.00
Notes:
I. A $25.00 processing fee will be charged for returned checks in accordance with the North Carolina General Statute 25-3-512.
2. Non -Payment of this fee by the payment due date will initiate the pen -nit revocation process.
3, Remit payment to:
NCDENR- Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
4. Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee Coordinator at
919-807-6321.
(Return This Portion With Check)
ANNUAL PERNUT INVOICE
Permit Number: NCS000321
Gaston County
Noveon Incorporated - Gastonia
Johnny Ross
Lubrizol Advanced Materials Inc
207 Telegraph Dr I
Gastonia, NC 28056
ilk00 8IIIII1Poll1lll
Overdue
Annual Fee Period: 2008-09-01 to 2009-08-31
Invoice Date: 10/15/08
Due Date: 11/14/08
Annual Fee: $860.00
Check Number:
North Carolina
Beverly Eaves Perdue
Governor
Amin
NC®ENR
Department of Environment and
Division of Water Quality
Coleen H. Sulljns
Director
April 6, 2009
Mr. James Nelli
Lubrizol Advanced Materials, Inc.
207 Telegraph Drive
Gastonia, NC 25056
Natural Resources
Subject: Draft NPDES Stormwater Permit
Permit No. NCS000321
Lubrizol Advanced Materials, Inc,
Gaston County
Dear Mr. Nelli:
Dee Freeman
Secretary
Enclosed with this letter is a copy,of the draft stonmwater permit for your facility. Please review the draft
very carefully to ensure thorough understanding of the conditions and requirements it contains.
The draft permit contains the following significant changes from this facility's current permit:
Analytical monitoring changes:
1. Analytical monitoring parameters,'I'SS, COD, BODs, and pH, have been maintained in this permit.
2. Zinc 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 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 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. You are required to collect all of the analytical and qualitative monitoring samples during representative
storm events as defined in Part 11 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.)
Wetlands and Slormwater Branch
OneL,
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
y QTt11C�1CO7ll lla
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748
-/7�� �q7{ l/Nq ////
"
Internet: mm.ncwaterquality.org
L 16Li l N { [ ;/
An Equal Opportunity 1 Affirmative Action Employer
Mr. James Nelli
Lubrizol Advanced Materials, Inc.
Permit No. NCS000321
8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical
and qualitative monitoring. 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 TMDLestablished. 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 11 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. 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 iii Part Il 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. Per the requirements of the Catawba Riparian Buffer Rule, all stormwater drainage from portions of
this site that have been constructed after June 30, 2001 must be discharged through a correctly
designed level spreader or another device that meets diffuse flow requirements per 15A NCAC 2B
.0243. Diffuse flow requirements are described in Chapter 8 of the North Carolina Stormwater BMP
Manual, available at: http://li2o.enr.state.nc.us/su/bmp forms.htm
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@ncmail.net
Sincerely,
Brian Lowther
Environmental Engineer
Stormwater Permitting Unit
cc: Mooresville Regional Office
Stormwater Permitting Unit
Attachments: Draft Permit
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary,
Gregory J. Thorpe, Ph.D., Acting Director
April 19, 2002
Mr. Joe Parkulo
BF Goodrich Performance
207 Telegraph Drive
Gastonia, NC 28506
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Permit No. NCS000321
BF Goodrich Performance
Gaston County
Dear Mr. Parkulo:
In response to your renewal application for continued coverage under NPDES stormwater permit
NCS000321, 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 143-2 t5 .1
and the Memorandum of Agreement between North Carolina and the US Environmental Protection
agency dated May 9, 1994 (or as subsequently amended).
Please note that the Division has revised the analytical monitoring strategy for individual
stormwater permits. Based on a review of the permit monitoring data received to date, the analytical
monitoring measurement frequencies have been changed and cut-off concentrations have been removed.
These changes will be implemented for all second term individual stormwater permits with analytical
monitoring requirements. For those permits with analytical monitoring requirements, Part 11 -
Monitoring, Controls, and Limitations for Permitted Discharges has been modified to reflect the change
in monitoring strategy.
The qualitative monitoring strategy remains the same as the first term of the permit. Please note
that the semi-annual qualitative monitoring is a requirement of the permit. Failure to complete the
monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation
of the Clean Water Act. Reference Part III, Section A, Item 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, 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 Water Quality or permits required by the Division of Land Resources, Coastal Area
Management Act or any other Federal or Local governmental permit that maybe required.
1617, Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733.9919
An Equal Opportunity Affirmative Action Employer 50 % recycled/ 10% post -consumer paper
Page 2
If you have any questions concerning this permit, please contact Aisha Lau at telephone number
g ign33-5083 ext. 578.
Sincerely,,,.,
for Gregory J. Thorpe
cc: Mr. Roger O. Pfaff, EPA
Mooresville Regional Office
Stormwater and General Permits Unit
Central Files
NCS000321
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
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,
B.F. Goodrich Performance
is hereby authorized to discharge stormwater from a facility located at
B.F. Goodrich Performance Resins & Emulsions
207 Telegraph Road
Gastonia, NC
Gaston County
to receiving waters designated as an unnamed tributary to Crowders Creek, a class C stream, in
the Catawba River Basin in accordance with the discharge limitations, monitoring requirements,
and other conditions set forth in Parts I, I1, III, IV, V and VI hereof.
This permit shall become effective May 1, 2002.
This permit and the authorization to discharge shall expire at midnight on April 30, 2007.
Signed this day April 19, 2002.
C ?G�NALSiG���.•
V�1lI�U��C.;J11t1.�,
for Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
By the Authority of the Environmental Management Commission
r•�n�.r.�.c.��a�nx�
i
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
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: Qualitative Monitoring Requirements
Section D: On -Site Vehicle Maintenance Monitoring Requirements
PART III STANDARD CONDITIONS
Section A: Compliance and Liability
I. Compliance Schedule
2. Duty to Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
5. Oil and Hazardous Substance Liability
6. Property Rights
7. Severability
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
u
Permit No. NCS000321
f
3. Signatory Requirements
4. Individual Permit 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 Stormwater Control Facilities
Section D: Monitoring and Records
1,
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Bypass
8.
Twenty-four Hour Reporting
9.
Other Noncompliance
10.
Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
Permit No. NCS000321
PART 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.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system which has
been adequately treated and managed in accordance with the terms and conditions of this
individual permit. All discharges shall be in accordance with the conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization or approval.
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 t of 2
SECTION C: LOCATION MAP
Part I Page 2 of 2
Permit No. NCS000321
Permit No. NCS000321
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as
the Plan. This Plan shall be considered public information in accordance with Part III, Standard
Conditions; Section E, Paragraph 3 of this individual permit. The -Plan shall include, at a
minimum, the following items:
1. Site Plan. The site plan shall provide a description of the physical facility and the
potential pollutant sources which may be expected to contribute to contamination of
stormwater discharges. The site plan shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted
equivalent map), showing the facility's location in relation to transportation
routes and surface waters, the name of the receiving water(s) to which the
stormwater outfall(s) discharges, or if the discharge is to a municipal separate
storm sewer system, the name of the municipality and the ultimate receiving
waters; and accurate latitude and longitude of the point(s) of discharge.
(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.
(c) A site map drawn to scale with the distance legend indicating location of
industrial activities (including storage of materials, disposal areas, process areas
and loading and unloading areas), drainage structures, drainage areas for each
outfall and activities occurring in the drainage area, building locations, existing
BMPs and impervious surfaces, and the percentage of each drainage area that is
impervious. For each outfall, a narrative description of the potential pollutants
which could be expected to be present in the stormwater discharge.
(d) 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.
(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 Ill, Standard Conditions, Section
B, Paragraph 3.
2. Stormwater Management Plan. The stormwater management plan shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stormwater, including structural and
Part It Page 1 of 6
Permit No. NCS000321
nonstructural measures. The stormwater management plan, at a minimum, shall
incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to stormwater. Wherever practical, the permittee shall
prevent exposure of all storage areas, material handling operations, and
manufacturing or fueling operations. In areas where elimination of exposure is
not practical, the stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.
(b) Secondary Containment Schedule. A schedule to provide secondary containment
for bulk storage of liquid materials, storage of Section 313 of Title III of the
Superfund Amendments and Reauthorization Act (SARA) water priority
chemicals, or storage of hazardous substances to prevent leaks and spills from
contaminating stormwater runoff. If the secondary containment devices are
connected directly to stormwater conveyance systems, the connection shall be
controlled by manually activated valves or other similar devices [which shall be
secured with a locking mechanism] and any stormwater that accumulates in the
containment area shall be at a minimum visually observed for color, foam, outfall
staining, visible sheens and dry weather flow, prior to release of the accumulated
stormwater. Accumulated stormwater shall be released if found to be
uncontaminated by the material stored within the containment area. Records
documenting the individual making the observation, the description of the
accumulated stormwater and the date and time of the release shall be kept for a
period of five years.
(c) BMP Summary. A narrative description shall be provided of Best Management
Practices (BMPs) to be considered such as, but not limited to, oil and grease
separation, debris control, vegetative filter strips, infiltration and stormwater
detention or retention, where necessary. The need for structural BMPs shall be
based on the assessment of potential of sources to contribute significant quantities
of pollutants to stormwater discharges and data collected through monitoring of
stormwater discharges.
3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel (or team) responsible for implementing the
SPRP shall be identified. A responsible person shall be on -site at all times during facility
operations that have the potential to contaminate stormwater runoff through spills or
exposure of materials associated with the facility operations. The SPRP must be site
stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may
not be sufficient to completely address the stormwater aspects of the SPRP. The common
elements of the SPCC with the SPRP may be incorporated by reference into the SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance program shall be developed. The program shall document schedules of
inspections and maintenance activities of stormwater control systems, plant equipment
Part 11 Page 2 of 6
Permit No. NCS000321
and systems. Inspection of material handling areas and regular cleaning schedules of
these areas shall be incorporated into the program.
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
operations that have the potential to contaminate stormwater runoff. Facility personnel
(or team) responsible for implementing the training shall be identified.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a -specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position assignments provided.
Plan Amendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. The Stormwater Pollution
Prevention Plan shall be reviewed and updated on an annual basis.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes
have been made.
8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on
at least a semiannual schedule, once in the fall (September -November) and once in 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.
Stormwater discharge characteristic monitoring as required in Part I1 of this permit shall
be performed in addition to facility inspections.
9. Implementation. The permittee shall document all monitoring, measurements,
inspections and maintenance activities and training provided to employees, including the
log of the sampling data and of activities taken to implement BMPs associated with the
industrial activities, including vehicle maintenance activities. Such documentation shall
be kept on -site for a period of five years and made available to the Director or his
authorized representative immediately upon request.
Part 11 Page 3 of 6
Permit No. NCS000321
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge stormwater subject to the provisions of this permit.
Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1.
All analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in a minimum of 4 analytical samplings being conducted over the term of
the permit at each stormwater discharge outfall (SDO). The permittee shall complete the
minimum 4 analytical samplings in accordance with the schedule specified -below in Table 2.
Table 1. Analytical Monitoring Requirements
'� hdC tr..tav Y'
�Dtscharge �t M'
1.�. .',.fh uFFj' ,' `tty
,,.Characterishcs31,,
i'Ldt w^yc
,
Y ,r5.m:-,y
a Umts�jFiequency,?
'kFk+F,S:xF& '+k.?f
Measurement
s%x ..f'.ry.'dx
�.a rsr v '
$ample
s Ty ,e?, rr,ocatton3„,
`r i"p �1 c r'
Sample
,r
BOD
mg/1
Quarterly- 4" year
Grab
SDO
COD
m l
Quarterly- 4'" year
Grab
SDO
H
so
Quarterly- 4" year
Grab
SDO
Total Suspended Solids
m I
Quarterly- 4" year
Grab
SDO
Total Rainfa114
inches
Quarterly- 4" year
Event Duration4
minutes
Quarterly- 0 year
Total Flow4
MG
Quarterly- 4" year
SDO
Footnotes:
I Measurement Frequency: Once per quarter during the 0 year of the permit term. A year is defined as the 12
month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring
periods.
If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response
to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative
monitoring shall be performed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative
outfall status has been granted.
4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be
monitored. Total flow shall be 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.
Table 2 Monitoring schedule
r +Monttonng pertoc_Iki �'
Sample Numbers
a
n �a Start
� :�;=; i�EndtA
Year 4 - V quarter
4
May 1, 2005
July 31, 2005
Year 4 - 2" quarter
5
August 1, 2005
October 31, 2005
Year 4 - 3" quarter
6
November 30, 2005
January 31, 2006
Year 4 - 4'" quarter
7
February 1, 2006
April 30, 2006
Part II Page 4 of 6
Permit No. NCS000321
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status and shall be performed as specified below in Table 3. Qualitative
monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution
Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests
are required. Qualitative monitoring of stormwater outfalls does not need to be performed during
a representative storm event.
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 Stormwater Pollution Prevention
Plan.
All qualitative monitoring will be performed twice per year, once in the spring (April - June) and
once in the fall (September - November).
Table 3. Qualitative Monitoring Requirements
f.. ' 3'&. ''C tdG Y' k
=Discharge Characteristr ttsett
kci LY fry
rFrequencytcg
b' d k o-'A.
+Momtormg
°`
,Localionl
Color
Semi -Annual
SDO
Odor
Semi -Annual
SDO
Clarity
Semi -Annual
SDO
Floating Solids
Semi -Annual
SDO
Suspended Solids
Semi -Annual
SDO
Foam
Semi -Annual
SDO
Oil Sheen
Semi -Annual
SDO
Other obvious indicators
Semi -Annual
SDO
of stormwater pollution
Footnotes:
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 char
55 gallons of new motor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified below in Table 4. This monitoring shall be performed at all
outfalls which discharge stormwater runoff from vehicle maintenance areas.
Part II Page 5 of 6
Permit No. NCS000321
All analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in a minimum of 4 analytical samplings being conducted over the term of
the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from
vehicle maintenance areas. The permittee shall complete the minimum 4anatytical samplings in
accordance with the schedule specified in Table 2 (Part II, Section B).
Table 4. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
.. acrmste
schargetCliaractertsttcs
r .ry
� �':Un►ts ro
Mx- v - ,-
`�� M,easurements
Sample��
���`Sample
uencY.l��
H
standard
Quarterly- 4" year
Grab
SDO
Oil and Grease
mg/1
Quarterly- 4" year
Grab
SDO
Total suspended Solids
m I
Quarterly- 4" year
Grab
SDO
New Motor Oil Usagegallons/month
Quarterly- 4" year
Estimate
Total Flow4
MG
Quarterly- 4" year
Grab
SDO
Footnotes:
t Measurement Frequency: Once per quarter during the 4" year of the permit term. A year is defined as the 12
month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring
periods.
If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response
to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative
monitoring shall be performed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur.
4 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall,
the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement
of flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the rainfall event
measured shall result from the sampled representative storm event.
Part 11 Page 6 of 6
Permit No. NCS000321
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Comoliance Schedule
The permittee shall comply with Limitations and Controls specified for Stormwater discharges in
accordance with the following schedule:
Existing Facilities: The Stormwater-Pollution Prevention Plan shall be developed and implemented within
12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part I1, Section A, Paragraph 2(b) of this permit, shall be accomplished within
12 months of the effective date of the initial permit issuance.
Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to
the beginning of discharges from the operation of the industrial activity and be updated thereafter on an
annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit shall
be accomplished prior to the beginning of discharges from the operation of the industrial activity.
2. Duty to Comply
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.
The permittee shall comply with standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants within the time provided in the regulations that establish these
standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed $27,500 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 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 $11,000 per violation with the maximum
amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR
122.41(a).]
C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per
violation may be assessed against any person who violates or fails to act in accordance with the
terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-
215.6A]
d. Any person may be assessed an administrative penalty by the Director for violating section 301,
302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any
of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class
I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $27,500. Penalties for Class 11 violations are not to exceed $11,000
per day for each day during which the violation continues, with the maximum amount of any Class
11 penalty not to exceed $137,500.
Part III Page I of 8 Pages
Permit No. NCS000321
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 II►, Section C of this permit regarding bypassing of stormwater 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, 143-215.6B, 143-
215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Oil and Hazardous Substance Liability
Nothing in this 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 Rights
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.
Severability
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 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.
9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate,
any monitoring device or method required to be maintained under this 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.
t0. 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
Part III Page 2 of 8 Pages
Permit No. NCS000321
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 date, the permittee shall submit forms and fees as are
required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any
permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be
subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq.
2. Transfers
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. Permittee is required
to notify the Division in writing in the event the permitted facility is sold or closed.
3. Sienatory Requirements
All applications, reports, or information 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) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the
manager of one or more manufacturing production or operating facilities employing more
than 250 persons or having gross annual sales or expenditures exceeding 25 million (in
second quarter 1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive
officer or ranking elected official.
b. All reports required by the 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
responsibility, or an individual or position having overall responsibility for environmental
Part III Page 3 of 8 Pages
Permit No. NCS000321
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. 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 the Director from reopening and modifying the
individual permit, revoking and reissuing the individual permit, or terminating 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.
5. Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned
changes or anticipated noncompliance does not stay any individual permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the permittee to achieve compliance with
the conditions of this 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.
2. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this individual permit.
3. Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater or maintenance during normal periods of equipment downtime or dry
Part III Page 4 of 8 Pages
Permit No. NCS000321
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 permit.
If the Director determines that it will meet the three conditions listed above, the Director may approve an
anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a representative storm
event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be
taken before the discharge joins or is diluted by any other waste stream, body of water, or substance.
Monitoring points as specified in this permit shall not be changed without notification to and approval of
the Director.
2. Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the
requirements of this 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.
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.
Part III Page 5 of 8 Pages
Permit No. NCS000321
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 at the facility along with the Stormwaler
Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The
permittee shall retain records of all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all
reports required by this individual 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.
7. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including.an authorized contractor
acting as a representative of the Director), or in the case of a facility which discharges through a municipal
separate storm sewer system, an authorized representative of a municipal operator or the separate storm
sewer system receiving the discharge, upon the presentation of credentials and other documents as may be
required by law, to;
a. Enter upon thepermittee's 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 received by the Division
no later than 30 days from the date the facility receives the sampling results from the laboratory.
2. Submitting Reports
Duplicate signed copies of all reports required herein, shall be submitted to the following address:
Division of Water Quality
Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Part III Page 6 of 8 Pages
Permit No. NCS000321
Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal
Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection
at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be
considered confidential. Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this 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.
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which could significantly alter the nature or quantity of pollutants discharged. This notification
requirement includes pollutants which are not specifically listed in the individual permit or subject to
notification requirements under 40 CFR Part 122.42 (a).
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 permit requirements.
Bypass
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the dale of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass.
8. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any noncompliance which
may endanger health or the environment. Any information shall be provided orally within 24 hours from
the time the permittee became aware of the circumstances. A written submission shall also be provided
within 5 days of the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the period of
noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has been received
within 24 hours.
Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted.
Part III Page 7 of 8 Pages
Permit No. NCS000321
10. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in an application for an
individual permit or in any report to the Director, it shall promptly submit such facts or information.
Part III Page 8 of 8 Pages
Permit No. NCS000321
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 paragraph shall also contain any other requirements in the
Act then applicable.
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by
the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this
Division to initiate action to revoke the Individual Permit.
PART VI DEFINITIONS
Act
See Clean Water Act.
2. Arithmetic Mean
The arithmetic mean of any set of values is the summation of the individual values divided by the number of
individual values.
Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the
stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
flushings, water from footing drains, flows from riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training.
4. Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the
form of a process, activity, or physical structure.
Parts IV, V and VI Page I of 5
Permit No. NCS000321
Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility including
the collection system, which is not a designed or established operating mode for the facility.
6. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single above ground
storage container having a capacity of greater than 660 gallons or with multiple above ground storage
containers located in close proximity to each other having a total combined storage capacity of greater than
1,320 gallons.
7. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
8. Division or DWO
The Division of Water Quality, Department of Environment and Natural Resources.
9. Director
The Director of the Division of Water Quality, the permit issuing authority.
10. EMC
The North Carolina Environmental Management Commission.
11. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively
monitored must be taken within the first 30 minutes of discharge.
12. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
13. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land
treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or
a surface storage facility.
14. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a city or town.
15. 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.
Part VI Page 2 of 5 Pages
Permit No. NCS000321
16. Permittee
The owner or operator issued a permit pursuant to this individual permit.
17. 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.
18. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no
storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive
hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours.
19. Representative Outfall Status
When it is established that the discharge of Stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
20. Rinse Water Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse
waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters
utilizing any type of detergent or cleaning agent.
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 storm event.
22. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting
requirements; and
c. That meet at least one of the following criteria:
(1) Is listed in Appendix D of 40 CFR part 122 on either Table 11 (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 I t6.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
Part VI Page 3 of 5 Pages
Permit No. NCS000321
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,
stag 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 CFR 117.21) or section 102 of
CERCLA (Ref: 40 CFR 302.4).
26. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a
result of snowmelt.
27. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and which is
directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities
considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14).
The term does not include discharges from facilities or activities excluded from the NPDES program.
28. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and
is based on an evaluation of the pollution potential of the site.
29. Ten Year Design Storm
The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten
years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control
Planning and Design Manual.
30. Total Flow
The Flow corresponding to the time period over which the entire storm event occurs. Total Flow shall be
either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the
amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the
measurement of Flow at 20 minute intervals during the rainfall event.
31. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Part VI Page 4 of 5 Pages
Permit No. NCS000321
32. 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.
33. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations.
34. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
35. 25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25
years.
Part VI Page 5 of 5 Pages
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 5, 2006
NOVEONINCORPORATED- GASTONIA
ATTN: JOHNNY ROSS, OR SUCCESSOR
207 TELEGRAPH DR
GASTONIA, NC 28056
Subject: NPDES Stormwater Permit Renewal
Noveon Incorporated - Gastonia
Permit Number NCS000321
Gaston County
Dear Permittee:
Your facility is currently covered for stormwater discharge under NPDES Permit NCS000321. This permit expires
on April 30, 2007. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for
permit renewal be filed at least 180 days prior to expiration of the current permit. 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 supplemental information will constitute your application for
renewal of your permit. As stated above, the application form must be completed and returned along with all
requested information by in order for the permit to be renewed by April 30, 2007.
Failure to request renewal by may result in a civil assessment of at least $500.00. 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 $25,000 per day.
If you have any questions regarding the permit renewal procedures please contact Mike Randall of the Stormwater
Permitting Unit at (919) 733-5083, ext. 545.
Sincerely,
�/t�n.t�Lc� ijr�•�-vr.t��
Bradley Bennett, Supervisor
Stormwater Permitting Unit
cc: Central Files
Stoimwater'Permitti ng'Unit-Files
Mooresville Regional Office y
?`Carolina
Natirallff
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service
Internet: www.ncwaterguality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycledll0% 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
September 29, 1995
Mr. Johnny Ross
B.F. Goodrich Performance
207 Telegraph Rd.
Gastonia, NC 28506
Subject: Permit No. NCS000321
B.F. Goodrich Performance
Gaston County
Dear Mr. Ross:
"In accordance with your application for a stormwater discharge permit received on March 20,
1995, we are 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 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 Gener.l Statutes, and filed with the
Office of Administrative Hearings, Post Office Drawer 27447, Raic'.gh, 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 II, 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 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 Aisha Lau at telephone
number 919/733-5083.
Sincerely, ORIGIN& SIGNED By
BRADLEy BENNETr
A. Preston Howard, Jr, P. E.
cc: Mr. Roosevelt Childress, EPA
Mooresville Regional Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
Permit No. NCS000321
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIN4INATION 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 die Federal Water Pollution Control Act, as amended,
B.F. Goodrich
is hereby authorized to discharge stormwater from a facility located at
B.F. Goodrich Performance Resins & Emulsions
207 Telegraph Road
Gastonia
Gaston County
to receiving waters designated as an unnamed tributary to Crowders Creek, a class C stream, in the
Catawba River Basin
in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in
Parts I, II, II1, and IV hereof.
This permit shall become effective November t, 1995.
This permit and the authorization to discharge shall expire at midnight on October 31, 2000.
Signed this day September 29, 1995.
OpiGINPi Si0'. c • v
sw E^(BENN57�
A. Preston Howard, Jr., P.E.. Director
Division of Environmental Management
By the Authority of die Environmental Management Commission
Page 1
Permit No. NCS000321
PERMITTED ACTIVATES
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 stomp 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 1: Monitoring, Controls, and Limitations for Permitted Discharges
Part 11: Standard Conditions for NPDES Stonmwater Permits
Pail 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.
Chic permit does not relieve the peimittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Page 2
Permit No. NCS000321
PART I
MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
ECTION A: FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES
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,inchrde. 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:
(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 fl, Standard Conditions, Section
B .9.
Page 4
Permit No. NCS000321
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:
(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 quantifies 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.
d. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance
program shall be developed. The program shall document schedules of inspections and
maintenance activities of stormwater control systems, plant equipment and systems.
Inspection of material handling areas and regular cleaning schedules of these areas shall be
incorporated into the program.
C. 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. NCS000321
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.
g. 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
IT, Standard Conditions, Section B. #9) to the Director that the changes have been made.
Facility Inspections. Inspections of die facility and all stormwater 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.
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.
If a facility has multiple discharge locations with substantially identical stonmwater
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.
Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry
weather flow shall be performed at all stormwater discharge outfall 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
Page 6
Permit No. NCS000321
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.
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 Il,
Standard Conditions, Section A). Failure to monitor storm events in accordance with the
specified frequency shall constitute a violation of this permit. If the stormwater runoff is
controlled by a detention pond, the following sampling requirements shall apply:
(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 11, 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.
Samples analyzed in accordance with the terms of this permit shall be submitted 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 flushings, water from footing drains, flows from riparian
habitats and wetlands.
(3) Discharges resulting from fire -fighting.
If the storm event monitored and reported in accordance with this permit coincides with a
non-stormwater discharge, the permittee shall separately monitor and report all parameters
as required under the non-stormwater discharge permit and provide this information with
the stormwater discharge monitoring report.
Page 7
Permit No. NCS000321
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
Stonnwater Discharge Characteristic
nits
Measurement
Fre uencvl
Sample
T 2
Sample
Location3
Biochemical Ox een Demand, 5 day
m >
annually
grab
SDO
Total Suspended Solids
m
annually
rab
SDO
Chemical Oxygen Demand
m
annually
grab
SDO
H
standard
annually
grab
SDO
Total Rainfal14
inches
annually
central location
Event Duration4
minutes
annually
central location
Total Flow4
MG
annually
SDO
Footnotes:
1 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 11, Standard Conditions. Section A.
3 Sample Location: Samples to be taken at each stormwater discharge outfall (SDO)
unless representative outfall status has been granted.
4 For each sampled representative storm event the total precipitation, storm duration,
and total flow must be monitored. Total flow shall be either; (a) measured
continuously, (b) calculated based on the amount of area draining to the outfall, the
amount of built -upon (impervious) area, and the total amount of rainfall, or (c)
estimated by the measurement of flow at 20 minute intervals during the rainfall
event.
Page 8
Permit No. NCS000321
(2) Cut-off Concentrations
For each parameter, the arithmetic mean of all analytical sampling results collected during the
term of the permit shall be calculated for each individual outfall 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 at that outfall 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 at an individual discharge outfall, the.permittee is required to
maintain facility operations that ensure the continuation of stormwater runoff quality.
The permittee mu t perform analytical sampling during the first and last year of the permit tern
regardless of cut-off concentration conditions. Analytical results from sampling during the
final year of the permit teen must be submitted with the pemtit renewal application.
t rmwater
Discharge Characteristiu
Cut-off Concentration
Biochemical Oxygen Demand, 5 day
< 30 m l
Total Suspended Solids
< 100 miall
Chemical Oxygen Demand
< 120 m
PI -[I
within range 6.0 and 9.0
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 9
Permit No. NCS000321
(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
Stormwater 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 stonn event.
Stormwater Discharge
Characteristics
Fre ueuc 1
Monitoring
T e2
Monitoring
Location3
Color
Semi -Annual
Visual
SDO
Odor
Semi -Annual
Visual
SDO
Clarity
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 permit must be
performed during the initial analytical monitoring event. All subsequent visual
monitoring will be performed twice per year, once in the sprint 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)
Page 10
Permit No. NCS000321
(4) Analytical Monitoring Requirements for Vehicle Maintenance Activities 1
Stormwater Discharge
Character sties
ni s
Measurement
Fre u n 2
Sample
Tvoe
Sample
Location3
H
standard
annually
Grab
SDO
Oil and Grease
mgA
annually
Grab
SDO
New Motor Oil Usage
gallons/month
annually
Estimate
SDO
Total Flow4
MG
annually
Grab
SDO
Lead, Total Recoverable5
ugh
annually
Grab
SDO
Total Suspended Solids
m
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 area(s) where vehicle maintenance activities
occur.
4 Total flow shall be; (a) measured continuously, (b) calculated based on the amount
of area draining to the outfall, the amount of built -upon (impervious) area, and the
total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute
intervals during the rainfall event. Total Precipitation and duration of the rainfall
event measured shall result from the sampled representative storm event.
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.
Page 11
Permit No. NCS000321
(5) Cut-off Concentrations for Vehicle Maintenance Activities
For each parameter, the arithmetic mean of all analytical sampling results collected during the
term of the permit shall be calculated for each individual outfall 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 at that outfall 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 at an individual discharge outfall, the permittee is required to
maintain facility operations that ensure the continuation of stormwater runoff quality.
The permittee mus 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.
Stormwater Discharge Characteristic
Cut-off
Concentration
H1
within range 6.0 - 9.0
Oil and Grease
< 30 m I
Lead, Total Recoverable
< 0.33 mgA
Total Suspended Solids
< 100 m I
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 L2
Permit No. NCS000321
SECTION B: SCHEDULE OF COMPLIANCE
The permittee shall comply with Final Limitations and Controls specified for stormwater
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 I, Section A, 1. b. 2. of this permit, shall be
accomplished within 12 months of the effective date of this permit.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
permitted stormwater controls at optimum efficiency.
Page 13
Individual Stormwater Page Al
PART II
STANDARD CONDITIONS FOR NPDES STOR.NM'ATER PERMITS
ppwy `3J.{ sl
FZ4rGW;MT4V
The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 USC 1251, et. seq.
J=5FXFr4T74NdTr4WM1: 1'
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.
Calcu'.a:ion of Means
Means shall be calculated according to the following definitions:
Arithmetic Mean: The arithmetic mean of any set of values is the summation
of the individual values divided by the number of individual values.
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).
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.
5. Calendar Day
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 AZ
DENT or Division
The Division of Environmental Management, Department of Environment, Health
and Natural Resources.
The Director of the Division of Environmental Management, the permit issuing
authority.
9. E:IC
The North Carolina Environmental Management Commission.
MINEBUTiVeMmin.Ti.�iT�
Any substance designated under Q CFR Part 116 pursuant to Section 311 of the
Clean Water Act.
11. i gZc!�i l
A disposal facility or pan 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 -tern 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
Owned or operated by a municipality other than those described in
paragraph (a) or (b) and that are designated by the Director as pan 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 muting operations.
The owner or operator issued a permit.
Any discernible, confined and discrete conveyance, including but specifically not
limited to, any pipe, ditch, channel, runnel, conduit, well, discrete fissure,
Individual Stormwater Page A3
container, roL'ing stock, or concentrated animal feeding operation from which
pollu'wiLs are or may be discharged to waters of the state.
A storm event that is between 0.2 and 0.8 inches of rainfall and which has a
duration of greater than 3 hours and that is preceded by at least 72 hours in which
no storm event measuring greater than 0.1 inches has occurred.
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.
18. S-condLry Con ain=
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.
19. Section 313 Water Priority Chemical
A chemical or chemical category which:
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 Righmo-Know Act of 1986;
Is present at or above threshold levels at a facility subject to SARA title III,
Section 313 reporting requirements; and
That meet at least one of the following criteria:
(1) Is listed in appendix D of 40 CFR pan 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.
20. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents,
detergents, and plastic pellets; futished 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 Stormwater Page A4
21. $ynificam Sri lc
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 117.72) orsection 107ofCERCLA (Kef: 40 CFR 302.4).
NMI -Ina —M
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
�11 IN M 1014MM1• 4 i M \
The discharge from any point source which is used for collecting and conveying
storm water 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 A-PDES program.
The following categories of facilities are considered to be engaging in "industrial
activity":
Facilities subject to stormwater effluent limitations guidelines, new source
performance standards, or toxic pollutant effluent standards under 40 CFR
Subchapter IN Pans 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 tinder 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
Steam electric power generating facilities, including coal handling sites:
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 pan 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 acuviry 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 pan 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)-Q) of this definition).
For the categories of industries identified in (a) through 0) 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.
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.
27. I: f S �
a. 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.
b. Composite Sample: a composite sample shall mean:
(1) A flow -weighted composite sample, which is a mixture of aliquots collected
at a constant time interval, where the volume of each aliquot is proportional
to the flow rate of the discharge at the time the sample is collected; or
(2) A time -weighted composite sample, which is a mixture of equal volume
aliquots collected at a constant interval of time.
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 waver, air, gravity; orimfromils siwof origin which can be seen
with the unaided eye.
Individual Stormwater Page A7
30. «' ;ro iI-
A.ny non -containerized accumulation of solid, non -flowing waste that is used for
treatment or storage.
31. 25-year. 24 hour stnrm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on
the average, once in 25 years.
Individual Stormwater Page A8
]. Duty to Comp4
The perminee must comply with all conditionrof 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 S25,000 per day for each violation. Any
person who negligently violates any permit condition is subject to criminal penalties
of S2,500 to S25,000 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 S5,000 to S50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
mad be assessed an administrative penalty not to exceed S10,000 per violation with
the maximum amount not to exceed S125,000. [Ref: Section 309 of the Federal Act
33 USC 1319 and 40 CFR 122.41(a).]
c. Under state law, a daily civil penalty of not more than ten thousand dollars
(S 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
violaung 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 S 10,000 per violation, with the maximum amount of any Class I penalty
assessed not to exceed S25,000. Penalties for Class II violations are not to exceed
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 S125,000.
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
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,
143.215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319.
Furthermore, the permittm is responsible for consequential damages, such as fish
kills, even though the responsibility for effective compliance may be temporarily
suspended.
Individual Stormwater Page A9
4. O 1 and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal
action or relieve the perminee from any responsibilities, liabilities, or penalties to
which the permitme 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.
5. Prorem Rights
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.
6. Se ezh.t;1.
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.
7. Dun to Provide Information
The perminee shall furnish to the Director, within a reasonable time, any
information which the Director may request to determine whether cause exists for
modifN ing, revoking and reissuing, or terminating this permit or to determine
compliance with this permit. The perminee shall also furnish to the Director upon
request, copies of records required to be kept by this permit.
8. )x^ira:ion of Permi?
The perminee 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 perminee 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.
9. $ignaton Requirements
All applications, reports, or information submitted to the Director shall be signed
and certified.
a. All applications shall be signed as follows:
Q) 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
exceeding,25 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.
b. 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."
•-.a .. .� ... .� -..1Zf4VKWT1TMTM93 a 94 9 1 It I i. I.�
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 A 11
11. Pe:=it Actions
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.
SECTION C: OPFRATION AND MA NTENANCF OF POLtmON CONTROLS
The perminee 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 perminee
only when the operation is necessary to achieve compliance with the conditions of
the permit.
Npp,! to Halt or Rrduc P not a Dpfrnsp
It shall not be a defense for a permirtee in an enforcement action that it would have
been necessary to halt or reduce the permitted activity in order w maintain
compliance with the condition of this permit.
Rvr,2cdnp of StnrmwaterControl Facilities
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.
('_) "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.
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 pennittee ]snows 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 AY2
(2) Unanticipated bypass. The perminee shall submit notice within 24 hours of
an unanticipated bypass as required in Pan II, E. 5. of this permit. (24-
hour notice).
d. Prohibition of Bypass
Bypass is prohibited and the Director may take enforcement action against a
permittee for bypass, urdess:
(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 permirtee 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.
4.L nsets
Definition
"Upset " means an exceptional incident in which there is unintentional and
ternpo,wy noncompliance with technology based permit effluent limitations
because of factors beyond the reasonable control of the permitme. 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 permirtee 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;
Individual Stormwater Page A13
(2) The permitted facility was at the time being properly operated; and
(3) The perminee submitted notice of the upset as required in Pan II, E. 5. (b)
(B) of this permit
(4) The permium 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.
SECTION D: NIONTrORING AND F O S
er•e�entati�e SarrnL+
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.
KeP0^one
Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
DiNision of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 29535
Raleigh, Torah Carolina 27626-0535
w \'te�(ii.empr.
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
Repotting 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 Stomswater Page A-14
methods are determined capable of achieving minimum detection and reponing
levels below general permit discharge requirements, then the most sensitive
(method with the lowest possible detection and reporting level) approved method
must be used.
POSEFOWIMM -"N .a -
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 b10,000 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 S20,000 per day of violation, or by imprisonment of not more than 4
years, or both.
MENSMARMFI-9:. .1
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;
The individual(s) who performed the sampling, measurements, inspection
or maintenance acti,67ty;
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 A15
a. Enter upon the perminee'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 tunes, any records that must be kept
under the conditions of this permit;
Inspect at reasonable times any facilities, equipment (including monitoring
and control equipment), practices, or operations regulated or required under
this permit; and
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.
The perminee shall give notice to the Director as soon as possible of any planned
physical alterations or additions to the permited 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 Pan 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
noti:`tcation requirements under 40 CFR Pan 122.42 (a) (1).
Antici;atd NoncompljLnce
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
regtnrements.
Trgzsfer;
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 speed elsewhere in this
permit
M M&CIM��� �•
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 perminee 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.
The Director may waive the wrinen 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.
00—r \onco-;'>ar1
The permittee shall report all instances of noncompliance not reported under Pan II.
E. 4. and 5. of this permit at the time monitoring reports are submitted. The reports
shall contain the information listed in Pan II. E. 5. of this permit.
7. 0:`ier L_for-;ation
Where the perminee 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
shah prompdy submit such facts or information.
8. A% -lability- of R c
Except for data determined to be confidential under 1`CGS 143-215.3(a)(2) or
Section 308 of the Federal Act, 33 liSC 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 A'CGS 143-
215.613 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 510,000 per violation, or by imprisonment for
not more than two years per violation, or by both.
Individual Stormwater Page A17
PART III
LIMITATION'S 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), 30*) (2) and 307(a) of the Clean Water Act, if the effluent
guideline or water quality standard so issued or approved:
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.
PART IV
ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The perminee must pap the administering and compliance monitoring fee within 30 (thiny)
dais 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
reNoke the permit.
NO. I DATE I APPR.
N
ry
0
0
fZ
OI
REVISION I NO. I DATE I APPR.
REVISION
STORMWATER POLLUTION PREVENTION PLAN
LUBRIZOL GASTIDMA, NORTH CAROLINA
RHODIA
GROUNDWATER TREATMENT
23 91-38 (TRACT 2)
ERM
TELEGRAPH ORNE
60' RK OF WAY
t
LEGEND
ABOVE GROUND
STORAGE TANK
CATCH BASIN
STORMWATER PIPING
DRUMS
USED PALLETS
DUMPSTER
SCRAP METAL
FLOW DIRECTIONAL
ARROWS
WATERSHED
IMPERVIOUS
PERVIOUS
TOTAL
AREA
AREA
AREA
01/02
7,68AC
2,91 AC
10,59AC
03
R AC
2,21 AC
2,21 AC
04
0m10AC
0m92AC
1,02AC
Nt �T
SITE PLAN AND DRAINAGE PATTERNS
SCALE l"=60, DATE DECEMBER1999 CLIENT APPROVAL
0 N
PROJECT NU. AutoCAD R-14 ISSUED FOR DATE
�234 BFGOOD 9234SITE.DIWG
SCALE IN FEET
60 o- 60
DRAWING NO.
2
REV. N =
71:
NO. 1 DATE 1 APPR.
I
REVISION
FA
NO,
DRUM STORAGE
\ n�
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BUILDING #13
ou9A ' c
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04
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APPR.
REVISION
STORMWATER POLLUTION PREVENTION PLAN
LUBRIZOL GAMMA, NORTH MOUNA
ERM
IEIEC.RAPII ORIVE
60• RIONT OF WAY
LEGEND
ABOVE GROUND
STORAGE TANK
®
CATCH BASIN
STORMWATER PIPING
DRUMS
USED PALLETS
DUMPSTER
v�M"
SCRAP METAL
FLOW DIRECTIONAL
ARROWS
WATERSHED
IMPERVIOUS
PERVIOUS
TOTAL
AREA
AREA
AREA
01 /02
7.68 AC
2,91 AC
10,59 AC
03
., AC
2o21 AC
2.21 AC
04
0.10 AC
0.92 AC
1.02AC
\
N-�
-- , {- SITE PLAN AND DRAINAGE PATTERNS
SCALE DATECLIENT APP OVAL
—(� I (� �A � "t "=60' DECEMBER 1999
PROJECT NO. Auto —14 ISSUED FOR DATE
94234 BFGOOD 9234SITE.DWG
N
SCALE IN FEET
60 0 60
DRAWING NO.
2
REV. NO.
NO. I DATE I APPR.
REVISION
s6s°
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Q ' 764
p A 756
n 754
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L—
S76° 58'-01 "W A�m
NO. 1 DATE 1 APPR.
REVISION
STORMWATER POLLUTION PREVENTION PLAN
Noveon Incorporated GASTONIA, NORTH CAROLINA
ERM
TELEGRAAi DRIVE
W' RIGHT OF WAY
3
0
IF
3
Sg7a
LEGEND
ABOVE GROUND
STORAGE TANK
�
CATCH BASIN
STORMWATER PIPING
.Z
DRUMS
USED PALLETS
DUMPSTER
SCRAP METAL
FLOW DIRECTIONAL
ARROWS
WATERSHED
IMPERVIOUS
PERVIOUS
TOTAL
AREA
AREA
AREA
01 /02
7,6 AC
2,91 AC
10,59 AC
04
0.10 AC
0,92 AC
1.02 AC
b
SITE PLAN AND DRAINAGE PATTERNS
1 "=60'
9234 BFGOOD
DECEMBER 1999
�-14
9234SITE.DWG
N
SCALE IN FEET
60 0 60
DRAWING NO-
2
SHEET
REV. NO.
I I-�
I IL I �, �.Ii1li ;,L,I
1 NO. 1 DATE J APPR.
I
REVISION
N0. I DATE I APPR.
REVISION
SAC 58'-OI'W
STORMWATER POLLUTION PREVENTION PLAN
Noveon Incorporated
GASTONIA, NORTH CAROLINA
ERM
. �F--694DR,Gk1
2391-38 (TRACT 2)
,erec o
W RK:HT OF .AY
LEGEND
ABOVE GROUND
STORAGE TANK
CATCH BASIN
STORMWATER PIPING
A DRUMS
USED PALLETS
DUMPSTER
SCRAP METAL
FLOW DIRECTIONAL
ARROWS
WATERSHED
IMPERVIOUS
PERVIOUS
TOTAL
AREA
AREA
AREA
01 /02
7.68 AC
2.91 AC
10.59 AC
04
0.10 AC
0.92 AC
1.02 AC
V
SITE PLAN AND DRAINAGE PATTERNS
1 "=60'
9234 BFGOOD
DECEMBER 1999
N
SCALE IN FEET
60 0 60
DRAWING NO-
2
REV. NO.