HomeMy WebLinkAboutNCG150000_2017 General Permit_20170821Permit No. NCG150000
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCG150000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
For establishments primarily engaged in:
Furnishing Transportation by Air, or Operating Airports
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 industrial
activity from Air Transportation facilities identified by the SIC Codes in Major Group 45;
including air transportation, scheduled, and air courier (SIC 4512 and 4513); air
transportation, non-scheduled (SIC 4522); airports, flying fields, except those maintained by
aviation clubs, and airport terminal services including: air traffic control, except government;
aircraft storage at airports; aircraft upholstery repair; airfreight handling at airports; airport
hangar rental; airport leasing, if operating airport; airport terminal services; and hangar
operations; and airport and aircraft service and maintenance including: aircraft cleaning and
janitorial service; aircraft servicing/repairing, except on a factory basis; vehicle maintenance
shops (including vehicle and equipment rehabilitation, cleaning, mechanical repairs, painting,
fueling, lubrication); and material handling facilities.
♦ Stormwater point source discharges from like industrial activities deemed by The Division of
Energy, Mineral, and Land Resources (DEMLR) to be similar operations in the process, or the
discharges, or the exposure of raw materials, intermediate products, by-products, final
products, or waste products.
The General Permit shall become effective on September 1, 2017.
The General Permit shall expire at midnight on August 31, 2022.
Signed this 21ST day of August, 2017.
Original signed by Tracy E. Davis
Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral, and Land Resources
By the Authority of the Environmental Management Commission
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Permit No. NCG150000
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: General Permit Coverage
Section B: Permitted Activities
PART II STORMWATER POLLUTION PREVENTION PLAN
PART III QUALITATIVE MONITORING REQUIREMENTS
PART IV DEICING OPERATIONS
PART V 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
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Permit No. NCG150000
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
S.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting Requirements
1.
Availability of Reports
2.
Non-Stormwater Discharges
3.
Planned Changes
4.
Anticipated Noncompliance
5.
Spills
6.
Bypass
7.
Twenty-four Hour Reporting
8.
Other Noncompliance
9.
Other Information
PART VI DEFINITIONS
ii
Permit No. NCG150000
PART I INTRODUCTION
SECTION A: GENERAL PERMIT COVERAGE
New facilities seeking coverage under 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 and must be secured 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 stormwater discharges do not have
reasonable potential to violate applicable water quality standards for those pollutants. 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: JJportal.ncdenr.orgJweb Jwq [ps /mtu Jtmdl.
Part I Page 1 of 2
Permit No. NCG150000
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). All discharges shall be in
accordance with the conditions of this permit.
The types of authorized discharges are dependent upon DEMLR approval and are detailed in the
permittee's individual 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. Discharges allowed by this permit must meet applicable
wetland standards as outlined in 15A NCAC 2B .0230 and .0231 and water quality certification
requirements as outlined in 15A NCAC 2H .0500.
This General Permit does not authorize discharges determined by the Division to be wastewaters.
Wash water and rinse water must be directed to a sanitary sewer system or permitted by a
separate wastewater permit issued by the Department.
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. NCG150000
PART II STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). This
plan shall be considered public information in accordance with Part V, Standard Conditions,
Section E of this General Permit. The SPPP shall include, at a minimum, the following items:
A. 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 general location map (USGS quadrangle map or 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 accurate latitude and longitude of the points of stormwater discharge
associated with industrial activity. The general location map (or alternatively the site map)
shall identify any receiving waters that are impaired (on the state's 303(d) list of impaired
waters) or if located in a watershed for which a TMDL has been established, and what
the parameters of concern are.
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. A narrative description of the potential pollutants that could be expected to be
present in the stormwater discharge from each outfall.
3. A site map drawn at a scale sufficient to clearly depict: the site property boundary; the
stormwater and/or wastewater 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 and finished
grade; 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.
B. A list of significant spills or leaks of pollutants during the previous three (3) years and any
corrective actions taken to mitigate spill impacts.
C. Certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges. The permittee shall re -certify annually 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 V,
Standard Conditions, Section B, Paragraph 3.
D. 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:
1. 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
Part I1 Page 1 of 4 Pages
Permit No. NCG150000
materials and processes to rainfall and run-on 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 run-on
away from areas of potential contamination.
2. Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title
III of the Superfund Amendments and Reauthorization Act (SARA) water priority
chemicals; and storage in any amount of hazardous substances, in order to prevent leaks
and spills from contaminating stormwater runoff. A table or summary of all such tanks and
stored materials and their associated secondary containment areas shall be maintained. If
the secondary containment devices are connected to stormwater conveyance systems, the
connection shall be controlled by manually activated valves or other similar devices (which
shall be secured closed with a locking mechanism). 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 facilities subject to a federal oil Spill Prevention, Control, and
Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant with the
requirements of this permit may be used to demonstrate compliance with this permit. The
Division may allow exceptions to secondary containment requirements for mobile
refuelers, as with the exemption provided by amendments to federal SPCC regulations, as
long as appropriate spill containment and/or diversionary structures or equipment is used
to prevent discharge to surface waters. Exceptions do not apply to refuelers or other
mobile tankage used primarily as bulk liquid material storage in a fixed location in place of
stationary containers.
3. BMP Summary. A listing of site structural and non-structural 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.
E. 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. Facility personnel responsible for
implementing the SPRP shall sign and date the SPRP acknowledging their responsibilities for
the plan. A responsible person shall be on -site 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.
Part II Page 2 of 4 Pages
Permit No. NCG150000
F. 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.
G. 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 IV B, C, and D of this permit.
H. 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 facility personnel responsible for
implementing the training shall be identified, and their annual training shall be documented by
the signature of each employee trained.
I. 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.
J. SPPP Amendment and Annual Update. 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. All aspects of the SPPP shall be reviewed and updated on an
annual basis. The annual update shall include:
1. 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);
2. a written re -certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges (element of the Site Overview);
3. a documented re-evaluation of the effectiveness of the on -site stormwater BMPs (BMP
Summary element of the Stormwater Management Strategy).
K. 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 V, Standard
Conditions, Section B, Paragraph 3) to the Director that the changes have been made.
Part II Page 3 of 4 Pages
Permit No. NCG150000
L. Vehicle and equipment cleaning
1. Describe measures that prevent or minimize contamination of the stormwater runoff from areas
used for vehicle and equipment cleaning, Perform all cleaning operations indoors, cover the
cleaning operations, ensure washwater drains to the sanitary sewer system, or collect stormwater
runoff from the cleaning area and provide treatment, recycling, proper disposal, or other
equivalent measures. If sanitary sewer is not available to the facility and cleaning operations take
place outdoors, the cleaning operations shall take place on grassed or graveled areas to prevent
point source discharges of the washwater into the storm drains or surface waters.
2. Where cleaning operations cannot be performed as described above and when operations are
performed in the vicinity of a storm drainage collection system, the drain is to be covered with a
portable drain cover during cleaning activities. Any excess standing water shall be removed and
properly handled prior to removing the drain cover.
3. For facilities that house or operate three or fewer emergency response vehicles staff the permittee
shall minimize runoff from vehicle washing shall describe measures that prevent or minimize
contamination of the stormwater runoff from areas used for vehicle and equipment cleaning to
the maximum extent practicable.
4. vehicle and equipment cleaning areas that drains to an open grass field and infiltrates
so there is no discharge is an acceptable practice since there is no discharge.
5. Except as provided above, the point source discharge of vehicle and equipment wash waters,
including tank cleaning operations, are not authorized by this permit and must be covered under a
separate NPDES permit or discharged to a sanitary sewer in accordance with applicable
industrial pretreatment requirements.
M. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention
Plan and all appropriate BMPs consistent with the provisions of this permit, 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 upon request.
Part II Page 4 of 4 Pages
Permit No. NCG150000
PART III 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 outfalls must be performed during a measurable
storm event. Qualitative monitoring shall be performed as specified in Table 1. Monitoring
results shall be recorded on the Qualitative Monitoring Report forms available from the Division's
website. Completed forms shall be maintained on site with the SPPP.
Table 1 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
Footnotes:
1 Monitoring Frequency: Twice per year (unless other provisions of this permit prompt other frequency)
during a measureable storm event. 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. Monitoring must begin within the first 30 minutes of discharge,.
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 institute analytical sampling for suspect chemical and physical
parameters
• increase the frequency of qualitative monitoring;
• 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
Part III Page 1 of 2 Pages
Permit No. NCG150000
Inability to monitor because of adverse weather conditions 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 SDOs discharging stormwater associated with
industrial activity must be monitored (See Definitions).
Part III Page 1 of 2 Pages
Permit No. NCG 150000
PART IV DEICING OPERATIONS
Airports that conduct aircraft and/or runway (including taxiways and ramps) deicing/anti-icing
operations shall maintain a record of annual usage rate of deicing/anti-icing chemicals. The
Division may require airports that conduct aircraft and/or runway (including taxiways and ramps)
deicing/anti-icing operations (other than for emergency reasons) to apply for an individual permit
if the usage is determined to be a common practice.
Part IV Page 1 of 1 Pages
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Permit No. NCGI 50000
PART V STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
New and Existing Facilities 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, of this general permit, shall be accomplished within 12 months of the effective
date of the issuance of the Certificate of Coverage.
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, of this general
permit shall be accomplished prior to the beginning of discharges from the operation of the industrial
activity. Airports may add a cover page and/or note in their most current SWPPP as an
updated or modified SWPPP. The current SWPPP's must conform to all the permit
requirements. References that do not match modifications to the general permits shall
be incorporated with any future updates of the SWPPP or the permiitee may prepare
more "generic" SWPPP's that does not include specific permit section references.
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.
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
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)].
d. Any person who knowingly violates this permit 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
Part V Page 1 of 9 Pages
Permit No. NCGI 50000
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)].
e. 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 3 09 (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)].
f. Under state law, a civil penalty of not more than $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 [North Carolina General Statutes § 143-215.6A].
g. Any person may be assessed an administrative penalty by the Administrator for violating section
301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of 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 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.
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
Part V Page 2 of 9 Pages
Permit No. NCGI 50000
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, information
which the Permit Issuing Authority may request to determine whether cause exists for modifying and
reissuing 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 122.41].
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 122.411.
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 directed by the Division. If the Division chooses not to renew this general permit, the
permittee will be notified to apply 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
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.
Part V Page 3 of 9 Pages
Permit No. NCGI 50000
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 Maybe 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.
S. 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 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;
Part V Page 4 of 9 Pages
Permit No. NCGI 50000
(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. "
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
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.
Part V Page 5 of 9 Pages
Permit No. NCGI 50000
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall 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 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.
c. If the Director determines that it will meet the 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 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)].
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.
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.
Part V Page 6 of 9 Pages
Permit No. NCGI 50000
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.
S. Records Retention
Qualitative 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
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 application. This period may be extended by request
of the Director at any time [40 CFR 122.41].
6. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to:
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this general permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this general permit;
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)].
7. 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.
Part V Page 7 of 9 Pages
Permit No. NCGI 50000
B. 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.
9. 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).
10. 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)].
11. mills
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.
12. Bypass
Notice [40 CFR 122.41(m)(3)1:
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.
13. 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.
Part V Page 8 of 9 Pages
Permit No. NCGI 50000
14. 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(1)(7)].
1s. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to
be covered under this general permit, or submitted incorrect information in that Notice of Intent
application or in any report to the Director, it shall promptly submit such facts or information [40
CFR 122.41(1)(8)].
Part V Page 9 of 9 Pages
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Permit No. NCG150000
PART VI DEFINITIONS
Act
See Clean Water Act.
2. 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
qulaitative 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 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 flushing, 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 (BMPs
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs may take the form of a process, activity, or physical structure. More information on
BMPs can be found at: http_//www.epa.gov/npdes/national-menu-best-management-
practices-bmps-stormwater#edu.
5. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control
facility including the collection system, which is not a designed or established operating
mode for the facility.
6. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single
above ground storage container having a capacity of greater than 660 gallons or with
multiple above ground storage containers located in close proximity to each other having a
total combined storage capacity of greater than 1,320 gallons.
Certificate of Coverage
The Certificate of Coverage (CCC) 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.
8. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
Part VI Page 1 of 4 Pages
Permit No. NCGI 50000
9. Division or DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environment and
Natural Resources.
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) must be taken within the first 30 minutes of discharge.
13. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean
Water Act.
14. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and
which is not a land treatment facility, a surface impoundment, an injection well, a
hazardous waste long-term storage facility or a surface storage facility.
15. Measureable 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 may not apply if the permittee documents 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(MS4)
A stormwater collection system 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).
Part VI Page 2 of 4 Pages
Permit No. NCG150000
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.
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. 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.
24. 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.
25. 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.
26. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents,
and plastic pellets; finished materials such as metallic products; raw materials used in food
processing or production; hazardous substances designated under section 101(14) of
CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of
SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have
the potential to be released with stormwater discharges.
27. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances that exceed
reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40
CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4).
Part VI Page 3 of 4 Pages
Permit No. NCG150000
28. 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.
29. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or snowmelt.
30. 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.
31. Stormwater Pollution Prevention Plan (SPPP)
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.
32. Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all
seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of
North Carolina can be found at ttp://deq.nc.gov/about/divisions/water-
resources/planning/modeling-assessment/tmdls.
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
34. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning
operations, or airport deicing operations.
35. 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.
36. 10-year. 24-hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once
in 10 years.
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 VI Page 4 of 4 Pages