HomeMy WebLinkAboutNCG190000_2015 General Permit_20150602Permit No. NCG190000
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCG190000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
For establishments primarily engaged in:
Marinas
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission and the Federal Water Pollution Control Act, as amended, this permit is
hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as
evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to
allow the discharge of stormwater to the surface waters of North Carolina or separate storm
sewer systems conveying stormwater to surface waters in accordance with the terms and
conditions set forth herein.
Coverage under this General Permit is applicable to:
♦ All owners or operators of stormwater point source discharges associated with establishments
primarily engaged in operating Marinas [standard industrial classification (SIC) 4493]
including activities such as renting boat slips and storing boats, and generally perform other
services including cleaning and incidental boat repair, and Ship and Boat Building and
Repairing [SIC 373];
♦ Stormwater point source discharges from like industrial activities deemed by The Division of
Energy, Mineral, and Land Resources (DEMLR) to be similar to these operations in the process,
or the discharges, or the exposure of raw materials, intermediate products, by-products, final
products, or waste materials.
Coverage under this General Permit does not authorize discharges at the facility containing
waste streams including, but not limited to, bilge and ballast water, cooling water, sanitary wastes,
power and hand washing, blasting, sanding, and fish cleaning stations. A separate wastewater
permit may be required for these and other similar wastewater discharges.
The General Permit shall become effective on June 2, 2015.
The General Permit shall expire at midnight on May 31, 2020.
Signed this 2nd day of June. 2015.
Original signed by William E. Vinson, Jr. for
Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral, and Land Resources
By the Authority of the Environmental Management Commission
Permit No. NCG190000
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: General Permit Coverage
Section B: Permitted Activities
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: Qualitative Monitoring Requirements
PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS
Section A: Compliance and Liability
1.
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
5.
Oil and Hazardous Substance Liability
6.
Property Rights
7.
Severability
8.
Duty to Provide Information
9.
Penalties for Tampering
10.
Penalties for Falsification of Reports
11.
Onshore or Offshore Construction
12.
Duty to Reapply
Section B: General
Conditions
1.
General Permit Expiration
2.
Transfers
3.
When an Individual Permit May be Required
4.
When an Individual Permit May be Requested
5.
Signatory Requirements
6.
General Permit Modification, Revocation and Reissuance, or
Termination
7.
Certificate of Coverage Actions
8.
Annual Administering and Compliance Monitoring Fee Requirements
i
Permit No. NCG190000
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.
Spills
8.
Bypass
9.
Twenty-four Hour Reporting
10.
Other Noncompliance
11.
Other Information
PART IV DEFINITIONS
ii
Permit No. NCG190000
PART I INTRODUCTION
SECTION A: GENERAL PERMIT COVERAGE
All persons desiring to be covered by this General Permit must register with the Division of Energy,
Mineral, and Land Resources by the filing of a Notice of Intent (NOI) and applicable fees. The NOI
shall be submitted and a certificate of coverage issued prior to any discharge of stormwater
associated with industrial activity that has a point source discharge to the surface waters of the
state.
Any owner or operator not wishing to be covered or limited by this General Permit may make
application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H
.0100, stating the reasons supporting the request. Any application for an individual permit should
be made at least 180 days prior to commencement of discharge.
This General Permit does not cover activities or discharges covered by an individual NPDES permit
until the individual permit has expired or has been revoked. Any person conducting an activity
covered by an individual permit but which could be covered by this General Permit may request
that the individual permit be revoked and coverage under this General Permit be provided.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40
CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater
discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion
from permitting must submit a No Exposure Certification NOI form to the Division; must receive
approval by the Division; must maintain no exposure conditions unless authorized to discharge
under a valid NPDES stormwater permit; and must recertify the No Exposure Exclusion annually.
Any facility may apply for new or continued coverage under this permit until a Total Maximum
Daily Load (TMDL) for pollutants for stormwater discharges is established. A TMDL sets a
pollutant -loading limit that affects a watershed, or portion of a watershed, draining to an impaired
water. For stormwater discharges to watersheds affected by a TMDL, coverage under this
permit may depend on the facility demonstrating it does not have reasonable potential to
violate applicable water quality standards for those pollutants as a result of discharges. If
the Division determines that discharges have reasonable potential to cause water quality standard
violations, the facility shall apply for an individual permit 180 days prior to the expiration date of
this General Permit. Once that individual permit is effective, the facility will no longer have
coverage under this General Permit. Note that the permiee must identify impaired waters
(scheduled for TMDL development) and waters already subject to a TMDL in the Site Overview, as
outlined in the Stormwater Pollution Prevention Plan (SPPP), Part II, Section A.1. A list of approved
TMDLs for the state of North Carolina can be found at
http://portal.ncdenr.org/web/wg/Us/mtu/tmdl.
Part I Page 1 of 2
Permit No. NCG190000
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
treated and managed in accordance with the terms and conditions of this General Permit and the
requirements of the permittee's Certificate of Coverage (COC).
The permittee's COC is hereby incorporated by reference into this General Permit. Any violation of
the COC is a violation of this General Permit and subject to enforcement action as provided in the
General Permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or approval.
The stormwater discharges allowed by this General Permit shall not cause or contribute to
violations of Water Quality Standards.
This General Permit does not authorize discharges determined by the Division to be wastewaters.
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 2 of 2
Permit No. NCG190000
PART I1 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The
SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP
is public information in accordance with Part III, Section E, paragraph 3 of this permit. The SPPP
shall include, at a minimum, the following items:
1. Site Overview. The Site Overview shall provide a description of the physical facility and the
potential pollutant sources that may be expected to contribute to contamination of stormwater
discharges. The Site Overview 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 waters to which the stormwater outfalls discharge, or if the discharge
is to a municipal separate storm sewer system, the name of the municipality and the
ultimate receiving waters; and latitude and longitude of the points of stormwater discharge
associated with industrial activity. The general location map (or alternatively the site map)
shall identify whether any receiving waters are impaired (on the state's 303 (d) list of
impaired waters) or if the site is located in a watershed for which a TMDL has been
established, and what the parameters of concern are.
(b) A narrative description of storage practices, loading and unloading activities, outdoor
process areas, dust or particulate generating or control processes, and waste disposal
practices. A narrative description of the potential pollutants that could be expected to be
present in the stormwater discharge from each outfall.
(c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the
stormwater discharge outfalls; all on -site and adjacent surface waters and wetlands;
industrial activity areas (including storage of materials, disposal areas, process areas,
loading and unloading areas, and haul roads); site topography; all drainage features and
structures; drainage area boundaries and total contributing area for each outfall; direction
of flow in each drainage area; industrial activities occurring in each drainage area;
buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The
site map must indicate the percentage of each drainage area that is impervious, and the site
map must include a graphic scale indication and north arrow. In addition, the following
industrial activity areas must also be identified on the site map: fueling, engine maintenance
and repair, vessel maintenance and repair, washing, painting, sanding, blasting, welding,
and metal fabrication.
(d) A list of significant spills or leaks of pollutants during the previous three (3) 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 permittee shall re -certify annually that the stormwater
outfalls have been evaluated for the presence of non-stormwater discharges. If non-
stormwater discharges are present, the permittee shall identify the source and record whether
Part II Page 1 of 10
Permit No. NCG 190000
the discharge is otherwise permitted (by rule or a different permit). The permittee shall
evaluate the environmental significance of the non-stormwater discharges and include a
summary written record with the certification. The certification statement and summary
written record shall be retained with the SPPP, and shall be dated and signed in accordance
with the requirements found in Part III, Section B, paragraph S.
2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a
narrative description of the materials management practices employed which control or
minimize the stormwater exposure of significant materials, including structural and
nonstructural measures. The Stormwater Management Strategy, 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 rainfall and runoff flows. 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, this review shall
document the feasibility of diverting the stormwater runoff away from areas of potential
contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials including petroleum products; storage in au
amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act
(SARA) water priority chemicals; and storage in any amount of hazardous substances, in
order to prevent leaks and spills from contaminating stormwater runoff. A table or
summary of all such tanks and stored materials and their associated secondary containment
areas shall be maintained. If the secondary containment devices are connected to
stormwater conveyance systems, the connection shall be controlled by manually activated
valves or other similar devices, which shall be secured closed with a locking mechanism.
Any stormwater that accumulates in the containment area shall be at a minimum visually
observed for color, foam, outfall staining, visible sheens, and dry weather flow, prior to
release of the accumulated stormwater. Accumulated stormwater shall be released if found
to be uncontaminated by any material. Records documenting the individual making the
observation, the description of the accumulated stormwater, and the date and time of the
release shall be kept for a period of five (5) years. For the purposes of effective stormwater
pollution prevention the SPPP is intended to be broader and more comprehensive than a
federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC). For facilities subject
to a federal SPCC plan, any portion of the federal SPCC plan fully compliant with the
requirements of this permit may be used to demonstrate compliance with this permit.
(c) BMP Summary. A listing of site structural and non-structural Best Management Practices
(BMPs) shall be provided. The installation and implementation of BMPs shall be based on
the assessment of the potential for sources to contribute significant quantities of pollutants
to stormwater discharges and on data collected through monitoring of stormwater
discharges. The BMP Summary shall include a written record of the specific rationale for
installation and implementation of the selected site BMPs. The BMP Summary shall be
reviewed and updated annually.
3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures
(SPRP) shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel responsible for implementing the SPRP shall be
identified in a written list incorporated into the SPRP and signed and dated by each individual
Part II Page 2 of 10
Permit No. NCG 190000
acknowledging their responsibilities for the procedures. A responsible person shall be on -site
at all times during facility operations that have increased potential to contaminate stormwater
runoff through spills or exposure of materials associated with the facility operations. The SPRP
must be site stormwater specific. Therefore, an oil Spill Prevention Control and
Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to
completely address the stormwater aspects of the SPRP. The common elements of the SPCC
with the SPRP may be incorporated by reference into the SPRP.
4. Solvent Management Plan. The Solvent Management Plan shall be incorporated as a separate
chapter into the Stormwater Pollution Prevention Plan (SPPP). The Solvent Management Plan shall
include an annually updated and quantified inventory of the solvents present on site during the
previous three years; a narrative description of the facility locations and uses of the solvents, the
method of disposal including quantities disposed on -site and off -site; and the management
procedures and engineering measures for assuring that solvents do not spill or leak into
stormwater. If solvents are not stored or used onsite, then the owner must certify that in the SPPP.
DEMLR may at its discretion require submittal, review, and approval of the Solvent Management
Plan. The discharger shall include the following signed certification statement on each discharge
monitoring report: "Based upon my inquiry of the person or persons directly responsible for
managing compliance with the permit requirement for managing solvents, I certify that to the best
of my knowledge and belief, no leak, spill, or dumping of concentrated solvents into the stormwater
or onto areas which are exposed to rainfall or stormwater runoff has occurred since filing the last
discharge monitoring report. I further certify that this facility is implementing all the provisions of
the Solvent Management Plan included in the Stormwater Pollution Prevention Plan."
Preventative Maintenance and Good Housekeeping Program. A preventative maintenance
and good housekeeping program shall be developed and implemented. The program shall
address all stormwater control systems (if applicable), stormwater discharge outfalls, all on -site
and adjacent surface waters and wetlands, industrial activity areas (including material storage
areas, material handling areas, disposal areas, process areas, loading and unloading areas, and
haul roads), all drainage features and structures, and existing structural BMPs. The program
shall establish schedules of inspections, maintenance, and housekeeping activities of
stormwater control systems, as well as facility equipment, facility areas, and facility systems
that present a potential for stormwater exposure or stormwater pollution where not already
addressed under another element of the SPPP. Inspection of material handling areas and
regular cleaning schedules of these areas shall be incorporated into the program. Timely
compliance with the established schedules for inspections, maintenance, and housekeeping
shall be recorded and maintained in the SPPP.
6. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part
of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-
annual schedule, once during the first half of the year (January to June), and once during the
second half (July to December), with at least 60 days separating inspection dates (unless
performed more frequently than semi-annually). These facility inspections are different from,
and in addition to, the stormwater discharge characteristic monitoring at the outfalls required
in Part II B, C, and D of this permit.
7. Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill response and
cleanup, preventative maintenance activities, and for any of the facility's operations that have
the potential to contaminate stormwater runoff. The annual training shall be documented by
the signature and printed or typed name of each employee trained. Additional required
training items include: used oil management, spent solvent management, disposal of spent
Part II Page 3 of 10
Permit No. NCG 190000
abrasives, disposal of vessel wastewaters, fueling procedures, sanding, painting and blasting
procedures, and used battery management.
8. Responsible Party. The SPPP shall identify a specific position or positions responsible for the
overall coordination, development, implementation, and revision of the SPPP. Responsibilities
for all components of the SPPP shall be documented and position assignments provided.
9. SPPP Amendment and Annual Update. All aspects of the SPPP shall be reviewed on an
annual basis. The permittee shall amend the SPPP whenever there is a change in design,
construction, operation, site drainage, maintenance, or configuration of the physical features
which may have a significant effect on the potential for the discharge of pollutants to surface
waters. The annual update shall include at a minimum:
(a) an updated list of significant spills or leaks of pollutants for the previous three (3)
years, or the notation that no spills have occurred (element of the Site Overview);
(b) a written re -certification that the stormwater outfalls have been evaluated for the
presence of non-stormwater discharges (element of the Site Overview);
(c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs (BMP
Summary element of the Stormwater Management Strategy).
(d) a review and comparison of sample analytical data to benchmark values (if applicable)
over the past year, including a discussion about Tiered Response status. The
permittee shall use the Division's Annual Summary Data Monitoring Report (DMR)
form, available from the Stormwater Permitting Program's website (See 'Monitoring
Forms' here: http://portal.ncdenr.org/web/lr/npdes-stormwater).
The Director may notify the permittee when the SPPP 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 SPPP to meet minimum requirements. The
permittee shall provide certification in writing (in accordance with Part III, Section B,
Paragraph 5) to the Director that the changes have been made.
10. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention
Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control
contaminants entering surface waters via stormwater. Implementation of the SPPP shall
include documentation of all monitoring, measurements, inspections, maintenance activities,
and training provided to employees, including the log of the sampling data and of actions taken
to implement BMPs associated with the industrial activities, including vehicle maintenance
activities. Such documentation shall be kept on -site for a period of five (5) years and made
available to the Director or the Director's authorized representative immediately upon request.
Part II Page 4 of 10
Permit No. NCG190000
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1 at each
stormwater discharge outfall (SDO). Sampling results shall be reported as described in Part III, Section
E.
Table 1 Analytical Monitoring Requirements
Discharge
Characteristics
Units
Measurement
Frequenc 1
Sample
T pet
Sample
Location3
Total Suspended Solids TSS
m /L
semi-annual
Grab
SDO
Non -Polar Oil & Grease
by EPA Method 1664 SGT-HEM
mg/L
semi-annual
Grab
SDO
Aluminum, total recoverable
mg/1
semi-annual
Grab
SDO
Copper, total recoverable
m L
semi-annual
Grab
SDO
Lead, total recoverable
m L
semi-annual
Grab
SDO
Zinc, total recoverable
m L
semi-annual
Grab
SDO
Total Rainfa114
inches
semi-annual
Rain gauge
-
Footnotes:
1 Measurement Frequency: Twice per year (unless other provisions of this permit require monthly
sampling) during a measureable storm event, until either another permit is issued for this facility
or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two
or Tier Three response actions under the previous General Permit, the facility shall continue a
monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the
provisions of this permit or the Division.
2 Grab samples shall be collected within the first 30 minutes of discharge. Where physical
separation between outfalls prevents collecting all samples within the first 30 minutes, the permittee
shall begin sampling within the first 30 minutes, and shall continue until completed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless
representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept
on site with the SPPP.
4 For each sampled measureable storm event, an on -site rain gauge reading must be recorded.
Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be
substituted for an on -site reading.
All analytical monitoring shall be performed during a measurable storm event.
A measurable storm event is a storm event that results in an actual discharge from the
permitted site outfall. The previous measurable storm event must have been at least 72 hours
prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter
interval is representative for local storm events during the sampling period, and the permittee
obtains approval from the local DEMLR Regional Office. See Definitions.
Part II Page 5 of 10 Pages
Permit No. NCG 190000
The permittee shall complete the analytical samplings in accordance with the schedule specified in
Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly
monitoring has been instituted under other requirements of this permit.
Table 2 Monitoring Schedule
Monitoring period1,2
Sample Number
Start
End
Year 1- Period 1
1
July 1, 2015
December 31, 2015
Year 1- Period 2
2
January 1, 2016
June 30, 2016
Year 2 - Period 1
3
July 1, 2016
December 31, 2016
Year 2- Period 2
4
January 1, 2017
June 30, 2017
Year 3 - Period 1
5
July 1, 2017
December 31, 2017
Year 3 - Period 2
6
January 1, 2018
June 30, 2018
Year 4 - Period 1
7
July 1, 2018
December 31, 2018
Year 4 - Period 2
8
January 1, 2019
June 30, 2019
Year 5 - Period 1
9
July 1, 2019
December 31, 2019
Year 5 - Period 2
10
January 1, 2020
May 31, 2020
Footnotes:
1 Maintain semi-annual monitoring during permit renewal process. If at the expiration of the general
permit, the permittee has submitted an application for renewal of coverage before the submittal
deadline, the permittee will be considered for renewed coverage. The applicant must continue semi-
annual monitoring until the renewed Certificate of Coverage is issued.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report
indicating "No Flow" within 30 days of the end of the six-month sampling period.
In all cases, the permittee shall report the analytical results from the first sample with valid results
within the monitoring period. The permittee shall compare those results to the benchmark values in
Table 3 or Table 4. 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.
Table 3 Freshwater Benchmark Values for Analytical Monitoring Requirements
Discharge Characteristics
Benchmark Value
TSS
100 m /L
TSS HQW, ORW, Trout (Tr), and PNA waters
50 m /L
Non -Polar Oil & Grease by EPA Method 1664 SGT-HEM
15 m /L
Aluminum, total recoverable
0.75 mg/1
Copper, total recoverable
0.010 mg/L
Lead, total recoverable
0.075 mg/L
Zinc, total recoverable
0.126 mg/L
Part II Page 6 of 10 Pages
Permit No. NCG190000
Table 4 Saltwater Benchmark Values for Analytical Monitoring Requirements
Discharge Characteristics
Benchmark Value
TSS
100 m L
TSS HQW, ORW, Trout (Tr), and PNA waters
50 m /L
Non -Polar Oil & Grease by EPA Method 1664 SGT-HEM
15 m /L
Aluminum, total recoverable
0.75 mg/1
Copper, total recoverable
0.005 m /L
Lead, total recoverable
0.220 m L
Zinc, total recoverable
0.095 m L
The benchmark values in Table 3 and Table 4 are not enforceable permit limits. An exceedance of a
stormwater benchmark value is not a permit violation; however, failure to respond to the exceedances
as outlined in this permit is a violation of permit conditions. The benchmarks are intended to reduce
polluted discharges by triggering the permittee's required response actions under Tiers One, Two, and
Three. See below the descriptions of Tiers One, Two, and Three response actions.
Tier One
If. The first valid sampling results are above a benchmark value for any parameter at any outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection within two weeks of receiving the sample results.
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. Identify potential, and select the specific feasible: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern.
4. Implement the selected feasible actions within two months of the inspection.
S. Record each instance of a Tier One response in the SPPP. Include the date and value of the
benchmark exceedance, the inspection date, the personnel conducting the inspection, the selected
feasible actions, and the date the selected feasible actions were implemented.
6. Note: Exceedances for a different parameter separately trigger the tiered response requirements.
Part II Page 7 of 10 Pages
Permit No. NCG190000
Tier Two
If. The first valid sampling results from two consecutive monitoring periods are above the benchmark values
for any specific parameter at a specific discharge outfall;
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring and reporting for all parameters at every outfall where a
sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and
qualitative) monitoring shall continue until three consecutive sample results are below the benchmark
values.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating "No Flow" to comply with reporting requirements.
4. Alternatively, in lieu of steps 2 and 3, the permittee may exercise the option of contacting the DEMLR
Regional Office Engineer as provided below in Tier Three. The Regional Office Engineer may direct the
response actions on the part of the permittee as provided in Tier Three. The permittee will be
considered to be obligated under the Tier Three provisions.
S. Maintain a record of the Tier Two response in the SPPP.
6. Continue Tier Two response obligations throughout the permit COC renewal process.
Tier Three
If the valid sampling results required for the permit monitoring periods exceed the benchmark value for
any specific parameter at any specific outfall on four occasions, the permittee shall notify the DEMLR
Regional Office Engineer in writing within 30 days of receipt of the fourth analytical results. DEMLR
may but is not limited to:
• require the permittee to revise, increase, or decrease the monitoring and reporting frequency for
some or all parameters, including requiring sampling of additional or substitute parameters;
• rescind coverage under the General Permit, and require that the permittee apply for an individual
stormwater discharge permit;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize impacts on
receiving waters;
• require the permittee implement site modifications to qualify for a No Exposure Exclusion; or
• require the permittee to continue Tier Three obligations through the permit COC renewal process.
Failure to monitor and report Der the Dermit terms may result in the Division reouirin
monthly monitorine and reportine for all Darameters for a specified time Deriod. Lack of a
discharge from an outfall for the monitoring period, or inability to collect a sample because of
adverse weather conditions during a monitoring period will not constitute failure to monitor, as
long as those conditions are reported on the monitoring period DMR and noted in the SPPP. (See
Adverse Weather in Definitions.) Similarly, sampling is not required outside of the facility's normal
operating hours.
However, if a facility is inactive for an extended period of time, the permittee must request, and
obtain, dormant site status from the DEMLR Regional Engineer in order to be excused from
sampling during the dormant period. The DEMLR letter granting dormant status must be kept with
the SPPP, and available for inspection.
Part II Page 8 of 10 Pages
Permit No. NCG190000
In the event that the Division releases the permittee from continued monthly monitoring and reporting
under Tier Two or Tier Three, DEMLR's release letter may remain in effect through subsequent
reissuance of this permit, unless the release letter provides for other conditions or duration.
The permittee must report all results from all valid discharge samples taken during each monitoring
period. However, for purposes of benchmark comparison and Tiered response actions, the permittee
shall use the analytical results from the first sample with valid results within the monitoring period.
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
The purpose of qualitative monitoring is to implement a quick and inexpensive way to evaluate the
effectiveness of the permittee's SPPP and to identify the potential for new sources of stormwater
pollution. Qualitative monitoring of stormwater discharge outfalls must be performed during a
measurable storm event.
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status. Qualitative monitoring shall be performed as specified in Table 5 with
each required analytical monitoring event: whether semi-annual or more frequently as may be
subsequently required under Tier Two, Tier Three, or per the Qualitative Monitoring Response
requirements below. Inability to monitor because of adverse weather or lack of discharge during the
monitoring period must be documented in the SPPP and recorded on the Qualitative Monitoring
Report (see Adverse Weather in Definitions). Only stormwater discharge outfalls (SDOs) discharging
stormwater associated with industrial activity must be monitored (See Definitions).
In the event an atypical condition is noted at an SDOs, the permittee shall document the suspected
cause of the condition and any actions taken in response to the discovery. This documentation will
be maintained with the SPPP.
Table 5 Qualitative Monitoring Requirements
Discharge Characteristics
Frequency'
Monitoring
Locationz
Color
Semi -Annual
SDO
Odor
Semi -Annual
SDO
Clarity
Semi -Annual
SDO
Floating Solids
Semi -Annual
SDO
Suspended Solids
Semi -Annual
SDO
Foam
Semi -Annual
SDO
Oil Sheen
Semi -Annual
SDO
Erosion or deposition at the outfall
Semi -Annual
SDO
Other obvious indicators of stormwater pollution
Semi -Annual
SDO
Part II Page 9 of 10 Pages
Permit No. NCG 190000
Footnotes:
1 Monitoring Frequency: Twice per year (unless other provisions of this permit prompt other frequency)
during a measureable storm event. See Table 2 for schedule of monitoring periods. The permittee must
continue qualitative monitoring throughout the permit renewal process.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall
(SDO) associated with industrial activity, regardless of representative outfall status (ROS).
A minimum of 60 days must separate monitoring dates, unless additional sampling has been
instituted as part of other analytical monitoring requirements in this permit.
If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that
significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate
the feasibility of corrective actions, and implement those corrective actions within 60 days, per the
Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation,
and response actions shall be kept in the SPPP.
Qualitative Monitoring Response
Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying the potential
for new sources of stormwater pollution, and prompting the permittee's response to pollution. If
the permittee repeatedly fails to respond effectively to correct problems identified by qualitative
monitoring, or if the discharge causes or contributes to a water quality standard violation, DEMLR
may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for some
or all parameters (analytical or qualitative);
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize
impacts on receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion.
Part II Page 10 of 10 Pages
Permit No. NCG 190000
PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the
effective date of the Certificate of Coverage and updated thereafter on an annual basis. Secondary
containment, as specified in Part II, Section A, Paragraph 2(b) of this general permit, shall be
accomplished within 12 months of the effective date of the issuance of the Certificate of Coverage.
New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan
shall be developed and implemented prior to the beginning of discharges from the operation of the
industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified
in Part II, Section A, Paragraph 2(b) of this general permit shall be accomplished prior to the
beginning of discharges from the operation of the industrial activity.
Existing facilities previously permitted and applying for renewal under this General Permit:
All requirements, conditions, limitations, and controls contained in this permit (except new SPPP
elements in this permit renewal) shall become effective immediately upon issuance of the Certificate
of Coverage. New elements of the Stormwater Pollution Prevention Plan for this permit renewal
shall be developed and implemented within 6 months of the effective date of this general permit and
updated thereafter on an annual basis. Secondary containment, as specified in Part II, Paragraph
2(b) of this general permit shall be accomplished prior to the beginning of discharges from the
operation of the industrial activity.
2. Duty to Comply
The permittee must comply with all conditions of this general permit. Any permit noncompliance
constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal
application [40 CFR 122.41].
a. The permittee shall comply with standards or prohibitions established under section 307(a) of
the CWA for toxic pollutants within the time provided in the regulations that establish these
standards or prohibitions, even if the general permit has not yet been modified to incorporate
the requirement [40 CFR 122.41].
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of
the Act, or any permit condition or limitation implementing any such sections in a permit issued
under section 402, or any requirement imposed in a pretreatment program approved under
sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per
day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)].
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308,
318, or 405 of the Act, or any condition or limitation implementing any of such sections in a
permit issued under section 402 of the Act, or any requirement imposed in a pretreatment
program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal
penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or
both. In the case of a second or subsequent conviction for a negligent violation, a person shall be
Part III Page 1 of 10 Pages
Permit No. NCG 190000
d. subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment
of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)].
e. Any person who knowingly violates such sections, or such conditions or limitations is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3
years, or both. In the case of a second or subsequent conviction for a knowing violation, a person
shall be subject to criminal penalties of not more than $100,000 per day of violation, or
imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)].
Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act,
or any permit condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act, and who knows at that time that he thereby places another person in
imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of
not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a
second or subsequent conviction for a knowing endangerment violation, a person shall be
subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and
can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)].
g. Understate law, a civil penalty of not more than $25,000 per violation maybe assessed against
any person who violates or fails to act in accordance with the terms, conditions, or requirements
of a permit [North Carolina General Statutes § 143-215.6A].
Any person may be assessed an administrative penalty by the Administrator for violating section
301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of this Act.
Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the
maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II
violations are not to exceed $16,000 per day for each day during which the violation continues,
with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2)
and 40 CFR 122.41(a)(3)].
3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
general permit which has a reasonable likelihood of adversely affecting human health or the
environment [40 CFR 122.41(d)].
4. Civil and Criminal Liability
Except as provided in Part III, Section C of this general permit regarding bypassing of stormwater
control facilities, nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or
Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may
be temporarily suspended.
5. Oil and Hazardous Substance Liability
Nothing in this general permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or
may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
Part III Page 2 of 10 Pages
Permit No. NCG 190000
6. Property Rights
The issuance of this general permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40
CFR 122.41(g)].
7. Severability
The provisions of this general permit are severable, and if any provision of this general permit, or the
application of any provision of this general permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this general permit, shall
not be affected thereby [NCGS 15013-23].
8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating the general permit issued pursuant to this general
permit or to determine compliance with this general permit. The permittee shall also furnish to the
Permit Issuing Authority upon request, copies of records required to be kept by this general permit
[40 CFR 122.41(h)].
9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this general permit
shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by
imprisonment for not more than two years per violation, or by both. If a conviction of a person is for
a violation committed after a first conviction of such person under this paragraph, punishment is a
fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or
both [40 CFR 122.411.
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this general permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation,
or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41].
11. Onshore or Offshore Construction
This general permit does not authorize or approve the construction of any onshore or offshore
physical structures or facilities or the undertaking of any work in any navigable waters.
12. Duty to Reapply
Dischargers covered by this general permit need not submit a new Notice of Intent (NOI) or renewal
request unless so directed by the Division. If the Division chooses not to renew this general permit,
the permittee will be notified to submit an application for an individual permit [15A NCAC 02H
.0127(e)].
SECTION B: GENERAL CONDITIONS
1. General Permit Expiration
General permits will be effective for a term not to exceed five years, at the end of which the Division
may renew them after all public notice requirements have been satisfied. If a general permit is
Part III Page 3 of 10 Pages
Permit No. NCG 190000
renewed, existing permittees do not need to submit a renewal request or pay a renewal fee unless
directed by the Division. New applicants seeking coverage under a renewed general permit must
submit a Notice of Intent to be covered and obtain a Certificate of Coverage under the renewed
general permit [15A NCAC 02H .0127(e)].
2. Transfers
This general permit is not transferable to any person without prior written notice to and approval
from the Director in accordance with 40 CFR 122.61. The Director may condition approval in
accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require
modification or revocation and reissuance of the Certificate of Coverage, or a minor modification, to
identify the new permittee and incorporate such other requirements as may be necessary under the
CWA [40 CFR 122.41(1)(3), 122.61] or state statute. The Permittee is required to notify the
Division in writing in the event the permitted facility is sold or closed.
3. When an Individual Permit May be Required
The Director may require any owner/operator authorized to discharge under a certificate of
coverage issued pursuant to this general permit to apply for and obtain an individual permit or an
alternative general permit. Any interested person may petition the Director to take action under this
paragraph. Cases where an individual permit may be required include, but are not limited to, the
following:
a. The discharger is a significant contributor of pollutants;
b. Conditions at the permitted site change, altering the constituents and/or characteristics of
the discharge such that the discharge no longer qualifies for a general permit;
C. The discharge violates the terms or conditions of this general permit;
d. A change has occurred in the availability of demonstrated technology or practices for the
control or abatement of pollutants applicable to the point source;
e. Effluent limitations are promulgated for the point sources covered by this general permit;
f. A water quality management plan containing requirements applicable to such point sources
is approved after the issuance of this general permit;
g. The Director determines at his or her own discretion that an individual permit is required.
4. When an Individual Permit May be Requested
Any permittee operating under this general permit may request to be excluded from the coverage of
this general permit by applying for an individual permit. When an individual permit is issued to an
owner/operator the applicability of this general permit is automatically terminated on the effective
date of the individual permit.
5. Signatory Requirements
All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed
and certified [40 CFR 122.41(k)].
a. All Notices of Intent to be covered under this general permit shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the manager
of one or more manufacturing, production, or operating facilities, provided, the manager is
authorized to make management decisions which govern the operation of the regulated
facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to assure
long term environmental compliance with environmental laws and regulations; the manager
can ensure that the necessary systems are established or actions taken to gather complete
Part III Page 4 of 10 Pages
Permit No. NCG 190000
and accurate information for permit application requirements; and where 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 [40 CFR 122.22].
b. All reports required by the general permit and other information requested by the Permit
Issuing Authority shall be signed by a person described in paragraph a. 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 Permit Issuing Authority [40 CFR 122.22].
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer
accurate because a different individual or position has responsibility for the overall operation of
the facility, a new authorization satisfying the requirements of paragraph (b) of this section must
be submitted to the Director prior to or together with any reports, information, or applications to
be signed by an authorized representative [40 CFR 122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section, or
submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR
122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
7 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 forgathering 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. "
e. Electronic Reports. The Permit Issuing Authority may require the permittee to begin reporting
monitoring data electronically during the term of this permit. The permittee may be required to
use North Carolina's Electronic Discharge Monitoring Report (eDMR) internet application for
that purpose. For eDMR submissions, the person signing and submitting the eDMR must obtain
an eDMR user account and login credentials to access the eDMR system.
All electronic reports (e.g., eDMRs) submitted to the Permit Issuing Authority shall be signed by a
person described in paragraph a. above or by a duly authorized representative of that person as
described in paragraph b. A person, and not a position, must be delegated signatory authority
for eDMR or other electronic reporting purposes.
6. General Permit Modification. Revocation and Reissuance, or Termination
The issuance of this general permit does not prohibit the Permit Issuing Authority from reopening
and modifying the general permit, revoking and reissuing the general permit, or terminating the
general permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal
Part III Page 5 of 10 Pages
Permit No. NCG 190000
Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H
.0100; and North Carolina General Statute 143-215.1 et al.
After public notice and opportunity for a hearing, the general permit may be terminated for cause.
The filing of a request for a general permit modification, revocation and reissuance, or termination
does not stay any general permit condition. The Certificate of Coverage shall expire when the
general permit is terminated.
7. Certificate of Coverage Actions
Coverage under the general permit may be modified, revoked and reissued, or terminated for cause.
The notification of planned changes or anticipated noncompliance does not stay any general permit
condition [40 CFR 122.41(f)].
8. Annual Administerine and Compliance Monitorine Fee Reauirements
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)(2) may cause this Division to initiate action to revoke coverage under the general
permit.
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 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 permit [40
CFR 122.41(e)].
2. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the condition of this
general permit [40 CFR 122.41(c)].
3. Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass
unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater, or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance; and
c. The permittee submitted notices as required under, Part III, Section E of this general 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.
Part III Page 6 of 10 Pages
Permit No. NCG 190000
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 measureable
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 general permit shall not be changed
without notification to and approval of the Permit Issuing Authority [40 CFR 122.41(j)].
2. Recording Results
For each measurement or sample taken pursuant to the requirements of this general permit, the
permittee shall record the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to ensure the accuracy and reliability of measurements
of the volume of monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations
published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as
Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this general permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported down to
the minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below general permit
discharge requirements, then the most sensitive (method with the lowest possible detection and
reporting level) approved method must be used.
5. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that
are required to be sampled, the permittee may petition the Director for representative outfall status.
If it is established that the stormwater discharges are substantially identical and the permittee is
granted representative outfall status, then analytical sampling requirements may be performed at a
reduced number of outfalls.
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the
Stormwater Pollution Prevention Plan (SPPP). Copies of analytical monitoring results shall also be
maintained on -site. The permittee shall retain records of all monitoring information, including
Part III Page 7 of 10 Pages
Permit No. NCG 190000
o all calibration and maintenance records,
o all original strip chart recordings for continuous monitoring instrumentation,
o copies of all reports required by this general permit, including Discharge Monitoring Reports
(DMRs) and eDMR or other electronic DMR report submissions.
o copies of all data used to complete the Notice of Intent to be covered by this general permit.
These records or copies shall be maintained for a period of at least 5 years from the date of the
sample, measurement, report or Notice of Intent (NOI) application. This period may be extended by
request of the Director at any time [40 CFR 122.41].
7. Inspection and EntrX
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to:
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this general permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this general permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this general permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at any location [40
CFR 122.41(i)].
SECTION E: REPORTING REQUIREMENTS
1. Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this general permit shall be submitted to the
Division on Discharge Monitoring Report (DMR) forms provided by the Director or submitted
electronically to the appropriate authority using an approved electronic DMR reporting system (e.g.,
eDMR). DMR forms are available on the Division's website
(http://portal.ncdenr.org/web/lr/npdes-stormwater#tab-3).
Regardless of the submission method (paper or electronic), submittals shall be delivered to the
Division, or appropriate authority, no later than 30 days from the date the facility receives the
sampling results from the laboratory.
When no discharge has occurred from the facility during the report period, the permittee is required
to submit a discharge monitoring report, within 30 days of the end of the specified sampling period,
giving all required information and indicating "NO FLOW" as per NCAC T15A 0213.0506.
If the permittee monitors any pollutant more frequently than required by this general permit using
test procedures approved under 40 CFR Part 136 and at a sampling location specified in this general
permit or other appropriate instrument governing the discharge, the results of such monitoring shall
be included in the data submitted on the DMR.
Part III Page 8 of 10 Pages
Permit No. NCG 190000
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division and shall retain the completed forms on site.
Qualitative monitoring results should not be submitted to the Division, except upon DEMLR's specific
requirement to do so. Qualitative Monitoring Report forms are available at the website above.
2. Submitting Reports
Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to:
Central Files
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Visual monitoring results should not be submitted to the Division unless specifically requested.
Blank DMR forms, Annual Summary DMR forms, and visual monitoring forms are available at the
website of the Division's Stormwater Permitting Program:
http: / /nortaLncdennorg/web 11r/ngdes-stormwater
The Permit Issuing Authority may require the permittee to begin reporting monitoring data
electronically during the term of this permit. The permittee may be required to use North Carolina's
eDMR internet application for that purpose. Until such time that the state's eDMR application is
compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be
required to submit all discharge monitoring data to the state electronically using eDMR and will be
required to complete the eDMR submission by printing, signing, and submitting one signed original
and a copy of the computer printed eDMR to the address above.
3. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for
public inspection at the offices of the Division. As required by the Act, analytical data shall not be
considered confidential. Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal
Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this general permit coincides with a non-
stormwater discharge, the permittee shall separately monitor all parameters as required under all
other applicable discharge permits 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 [40
CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in
the general permit or subject to notification requirements under 40 CFR Part 122.42 (a).
Part III Page 9 of 10 Pages
Permit No. NCG 190000
6. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes at the permitted
facility which may result in noncompliance with the general permit [40 CFR 122.41(1) (2)].
7. Snills
The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as
defined in Part IV of this general permit. Additionally, the permittee shall report spills including: any
oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters,
any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less
than 25 gallons that cannot be cleaned up within 24 hours.
8. Bypass
Notice [40 CFR 122.41(m)(3)]:
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of
an unanticipated bypass.
9. Twenty-four Hour Renortin
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the circumstances.
A written submission shall also be provided within 5 days of the time the permittee becomes
aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the
period of noncompliance, including exact dates and times, and if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR
122.41(1) (6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section
if the oral report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300.
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at
the time monitoring reports are submitted [40 CFR 122.41(l)(7)].
11. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent
(NOI) to be covered under this general permit, or submitted incorrect information in that NOI
application or in any report to the Director, it shall promptly submit such facts or information [40
CFR 122.41(1)(8)].
Part III Page 10 of 10 Pages
Permit No. NCG 190000
PART IV DEFINITIONS
Act
See Clean Water Act.
Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local
flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical.
When adverse weather conditions prevent the collection of samples during the sample period, the
permittee must take a substitute sample or perform a visual assessment during the next qualifying
storm event. Documentation of an adverse event (with date, time and written narrative) and the
rationale must be included with your SPPP records. Adverse weather does not exempt the permittee
from having to file a monitoring report in accordance with the sampling schedule. Adverse events
and failures to monitor must also be explained and reported on the relevant DMR.
Allowable Non-Stormwater Discharges
This general permit regulates stormwater discharges. Non-stormwater discharges which shall be
allowed in the stormwater conveyance system include:
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, irrigation waters, flows from riparian habitats and
wetlands.
c. Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or eye
wash as a result of use in the event of an emergency.
4. Best Management Practices (BMPsI
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may
take the form of a process, activity, or physical structure. More information on BMPs can be found at:
http: / /www2.epa.gov/water-research/best-management-practices-bmps-siting-tool .
S. 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 Materials
Liquid raw materials, in -process liquids and reactants, manufactured products, waste materials or
by-products contained in a single above ground container, tank, or vessel having a capacity of greater
than 660 gallons or contained in multiple above ground containers, tanks, or vessels located in close
proximity to each other having a total combined capacity of greater than 1,320 gallons.
7. Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies a general permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage
under the general permit and is signed by the Director.
B. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
9. Division or DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environment and Natural
Resources.
Part IV Page 1 of 4 Pages
Permit No. NCG 190000
10. Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority.
11. EMC
The North Carolina Environmental Management Commission.
12. Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively
or qualitatively) should be taken within the first 30 minutes of discharge.
13. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
14. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a
land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term
storage facility or a surface storage facility.
15. Measureable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The previous
measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not
apply if the permittee is able to document that a shorter interval is representative for local storm
events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two
copies of this information and a written request letter shall be sent to the local DEMLR Regional
Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on
site in the permittee's SPPP.
16. Municipal Separate Storm Sewer System (MS41
A stormwater collection system located within an incorporated area of local self-government such as
a city or town.
17. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or
runoff. Industrial materials or activities include, but are not limited to, material handling equipment
or activities, industrial machinery, raw materials, intermediate products, by-products, final products,
or waste products. DEMLR may grant a No Exposure Exclusion from NPDES stormwater permitting
requirements only if a facility complies with the terms and conditions described in 40 CFR
§122.26(g).
18. Notice of Intent
The state application form which, when submitted to the Division, officially indicates the facility's
notice of intent to seek coverage under a general permit.
19. Permit Issuing Authority
The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above).
20. Permittee
The owner or operator issued a Certificate of Coverage pursuant to this general permit.
21. 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.
Part IV Page 2 of 4 Pages
Permit No. NCG 190000
22. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the DEMLR may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
23. 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 wash waters utilizing any tvne of detergent or cleaning agent.
24. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to contain the 25-year, 24-hour storm event.
25. Section 313 Water Priority Chemical
A chemical or chemical category which:
b. 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;
C. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting
requirements; and
d. Meets at least one of the following criteria:
i. Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table
III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR
116.4; or
iii. Is a pollutant for which EPA has published acute or chronic water quality criteria.
26. Severe Property Damage
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.
27. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; finished materials such as metallic products; raw materials used in food processing or
production; hazardous substances designated under section 101(14) of CERCLA; any chemical the
facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and
waste products such as ashes, slag and sludge that have the potential to be released with stormwater
discharges.
28. 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 110.3 and 40 CFR 117.3) or section
102 of CERCLA (Ref: 40 CFR 302.4).
29. Stormwater Discharge Outfall (SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including
but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection
areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina.
Part IV Page 3 of 4 Pages
Permit No. NCG 190000
30. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
31. 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.
32. Stormwater Pollution Prevention Plan (SPPPI
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.
33. Total Maximum Dail Load oad (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a
specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be
found at http://portal.ncdenr.org/web/wq/ps/mtu jtmdl.
34. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a) (1) of the Clean Water Act.
35. Vehicle Maintenance Activity
Vehicle or vessel rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning
operations, or airport deicing operations.
36. 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.
37. 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 IV Page 4 of 4 Pages