HomeMy WebLinkAboutNCG200000_2010 General Permit_20091230Permit No. NCG200000
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG200000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all
owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a
Certificate of Coverage by the Environmental Management Commission to allow the discharge of
stormwater to the surface waters of North Carolina or separate storm sewer systems conveying
stormwater to surface waters in accordance with the terms and conditions set forth herein.
Coverage under this General Permit is applicable to all owners or operators of stormwater point
source discharges associated with establishments primarily engaged in assembling, breaking up,
sorting, and wholesale trade of scrap metal [standard industrial classification (SIC) 50931; also
covered are stormwater point source discharges from areas at scrap metal recycling facilities
which are used to process other scrap materials (plastic, paper, glass, rubber and textiles) or used
for vehicle maintenance activities; and like activities deemed by DWQ to be similar in the process
and/or the exposure of raw materials, products, by-products, or waste materials.
The following activities are specifically excluded from coverage under this General Permit:
establishments primarily engaged in activities classified as Used Motor Vehicle Parts [SIC 5015],
Automobile Wrecking for Scrap [a portion of SIC 5093], and Non -Metal Waste Recycling [a portion of
SIC 5093]. These activities are covered under stormwater General Permits NCG100000 and
NCG130000.
The General Permit shall become effective on January 1, 2010.
The General Permit shall expire at midnight on December 31, 2014.
Signed this day, December 30, 2009.
Ori i n� n�y Chuck Wakild
for Coleen H. Sullins, Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCG200000
TABLE OF CONTENTS
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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
Section D:
On -Site Vehicle Maintenance Monitoring Requirements
PART III STANDARD CONDITIONS
Section A: Compliance and Liability
1.
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
5.
Oil and Hazardous Substance Liability
6.
Property Rights
7.
Severability
8.
Duty to Provide Information
9.
Penalties for Tampering
10.
Penalties for Falsification of Reports
Section B: General Conditions
1. 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
Section C: Operation and Maintenance of Pollution Controls
i
Permit No. NCG200000
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 LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
PART VI DEFINITIONS
ii
Permit No. NCG200000
PART I INTRODUCTION
SECTION A: GENERAL PERMIT COVERAGE
All persons desiring to be covered by this General Permit must register with the Division of Water Quality by the
filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of coverage
issued prior to any discharge of stormwater associated with industrial activity that has a point source discharge to
the surface waters of the state.
Any owner or operator not wishing to be covered or limited by this General Permit may make application for an
individual NPDES permit in accordance with NPDES procedures in 15A NCAC 21-1.0100, 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 must submit a No Exposure Certification NOI
form to the Division, must receive approval by the Division, must maintain no exposure conditions unless
authorized to discharge under a valid NPDES stormwater permit, and must reapply for the No Exposure
Exclusion once every five (5) years.
Any facility may apply for new or continued coverage under this permit until a Total Maximum Daily Load
(TMDL) for pollutants for stormwater discharges is established. A TMDL sets a pollutant loading limit that
affects a watershed, or portion of a watershed, draining to an impaired water. For stormwater discharges to
watersheds affected by a TMDL, coverage under this permit may depend on the facility demonstrating it
does not have reasonable potential to violate applicable water quality standards for those pollutants as a
result of discharges. If the Division determines that discharges have reasonable potential to cause water quality
standard violations, the facility shall apply for an individual permit 180 days prior to the expiration date of this
general permit, and once that permit is effective, will no longer have coverage under this general permit. [Note
the facility must identify impaired waters (scheduled for TMDL development) and waters already subject to a
TMDL in the Site Plan, as outlined in the Stormwater Pollution Prevention Plan (SPPP), in Part 11, Section A.1]
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is
authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled,
limited, and monitored as specified in this permit.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the
surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed
in accordance with the terms and conditions of this General Permit. All discharges shall be in accordance with the
conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-
stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges
Part I Page 1 of 2
Permit No. NCG200000
allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. This
General Permit does not allow discharges determined by the Division of Water Quality to be wastewaters.
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. NCG200000
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This
Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E,
Paragraph 3 of this General Permit. The Plan shall include, at a minimum, the following items:
Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant
sources which may be expected to contribute to contamination of stormwater discharges. The site plan
shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent map),
showing the facility's location in relation to transportation routes and surface waters, the name of
the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a
municipal separate storm sewer system, the name of the municipality and the ultimate receiving
waters, and accurate latitude and longitude of the point(s) of discharge. The general location map
(or alternatively the site map) shall identify whether each receiving water is impaired (on the
state's 303(d) list of impaired waters) or is located in a watershed for which a TMDL has been
established, and what the parameter(s) of concern are.
(b) A narrative description of storage practices, loading and unloading activities, outdoor process
areas, dust or particulate generating or control processes, and waste disposal practices. A
narrative description of the potential pollutants which could be expected to be present in the
stormwater discharge from each outfall.
(c) A site map drawn at a scale sufficient to clearly depict: the site property boundary, the stormwater
discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas
(including storage of materials, spill kits, disposal areas, process areas, loading and unloading
areas, and haul roads), site topography, all drainage features and structures, drainage areas for
each outfall, direction of flow in each drainage area, industrial activities occurring in each
drainage area, buildings, existing BMPs, and impervious surfaces. The site map shall include a
distance legend and must indicate the percentage of each drainage area that is impervious.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three
(3) previous years and any corrective actions taken to mitigate spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater
discharges. The certification statement will be signed in accordance with the requirements found
in Part III, Standard Conditions, Section B, Paragraph 5. The permittee shall re -certify annually
that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges.
2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of
the materials management practices employed which control or minimize the exposure of significant
materials to stormwater, including structural and nonstructural measures. The stormwater management
plan, at a minimum, shall incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of
operations and/or storage practices to eliminate or reduce exposure of materials and processes to
Part II Page 1 of 9
Permit No. NCG200000
stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas,
material handling operations, and manufacturing or fueling operations. In areas where
elimination of exposure is not practical, the stormwater management plan shall document the
feasibility of diverting stormwater runoff away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is required for:
bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the
Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage
in any amount of hazardous substances, in order to prevent leaks and spills from contaminating
stormwater runoff. A table or summary of all such tanks and stored materials and their associated
secondary containment areas shall be maintained. If the secondary containment devices are
connected to stormwater conveyance systems, the connection shall be controlled by manually
activated valves or other similar devices (which shall be secured closed with a locking
mechanism), and any stormwater that accumulates in the containment area shall be at a minimum
visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to
release of the accumulated stormwater. Accumulated stormwater shall be released if found to be
uncontaminated by any material. Records documenting the individual making the observation,
the description of the accumulated stormwater, and the date and time of the release shall be kept
for a period of five years.
(c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMP)
shall be provided. The installation and implementation of BMPs shall be based on the assessment
of the potential for sources to contribute significant quantities of pollutants to stormwater
discharges and data collected through monitoring of stormwater discharges. The BMP Summary
shall include a written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an
assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel
(or the team) responsible for implementing the SPRP shall be identified in a written list incorporated into
the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A
responsible person shall be onsite at all times during facility operations that have the potential to
contaminate stormwater runoff through spills or exposure of materials associated with the facility
operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and
Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely
address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be
incorporated by reference into the SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good
housekeeping program shall be developed. The program shall list all stormwater control systems,
stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity
areas (including material storage areas, material handling areas, disposal areas, process areas, loading and
unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The
program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater
control systems, as well as facility equipment, facility areas, and facility systems that present a potential
for stormwater exposure or stormwater pollution. Inspection of material handling areas and regular
cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the
established schedules for inspections, maintenance, and housekeeping shall be recorded in writing and
maintained in the SPPP.
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
Part II Page 2 of 9
Permit No. NCG200000
stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be
identified, and their annual training shall be documented by the signature of each employee trained.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s)
responsible for the overall coordination, development, implementation, and revision to the Plan.
Responsibilities for all components of the Plan shall be documented and position assignments provided.
See signatory requirements in Part III Section B.5 of permit.
7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction,
operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to
surface waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and
updated on an annual basis. The annual update shall include an updated list of significant spills or leaks
of pollutants for the previous three years, or the notation that no spills have occurred. The annual update
shall include written re -certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. Each annual update shall include a documented re-evaluation of the
effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan.
The Director may notify the permittee when the Plan does not meet one or more of the minimum
requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to
the Director for modifying the Plan to meet minimum requirements. The permittee shall provide
certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 5) to the
Director that the changes have been made.
Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the
Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule,
once during the first half of the year (January to June), and once during the second half (July to
December), with at least 60 days separating inspection dates (unless performed more frequently than
semi-annually). These facility inspections are different from, and in addition to, the stormwater
discharge characteristic monitoring required in Part II of this permit.
9. Implementation. The permittee shall implement the Plan. Implementation of the Plan shall include
documentation of all monitoring, measurements, inspections, maintenance activities, and training
provided to employees, including the log of the sampling data and of actions taken to implement BMPs
associated with the industrial activities, including vehicle maintenance activities. Such documentation
shall be kept on -site for a period of five years and made available to the Director or the Director's
authorized representative immediately upon request.
Part II Page 3 of 9
Permit No. NCG200000
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1.
Table 1. Analytical Monitoring Requirements
Discharge
Characteristics
Units
Measurement
Frequency '
Sample
Type
Sample
Location3
pH
standard
semi-annual
Grab
SDO
Chemical Oxygen Demand
m L
semi-annual
Grab
SDO
Total Suspended Solids
mg/L
semi-annual
Grab
SDO
Oil & Grease
m /L
semi-annual
Grab
SDO
Cadmium, Total Recoverable
m L
semi-annual
Grab
SDO
Copper, Total Recoverable
m L
semi-annual
Grab
SDO
Iron, 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 Rainfall4
inches
semi-annual
Rain gauge
-
Footnotes:
1 Measurement Frequency: Twice per year during a representative storm event.
2 Grab samples shall be collected within the first 30 minutes of discharge from an SDO or detention pond.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has
been granted.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge
reading must be recorded.
All analytical monitoring shall be performed during a representative storm event at each stormwater discharge
outfall (SDO).
A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time
between this storm event and the previous storm event measuring greater than 0.1 inches must be at least
72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if
it rains but stops before producing any collectable discharge, a sample may be collected if the next rain
producing a discharge begins within 10 hours.
The permittee shall complete the analytical samplings in accordance with the schedule specified in Table 2. A
minimum of 60 days must separate each monitoring event unless monthly monitoring has been instituted
under a Tier Two response.
Part II Page 4 of 9
Permit No. NCG200000
Table 2. Monitoring Schedule
Monitoring Eventi,2
Start
End
1
January 1, 2010
June 30, 2010
2
July 1, 2010
December 31, 2010
3
January 1, 2011
June 30, 2011
4
July 1, 2011
December 31, 2011
5
January 1, 2012
June 30, 2012
6
July 1, 2012
December 31, 2012
7
January 1, 2013
June 30, 2013
8
July 1, 2013
December 31, 2013
9
January 1, 2014
June 30, 2014
10
July 1, 2014
December 31, 2014
Footnotes:
1 Maintain semi-annual monitoring during permit renewal process. If at the expiration of the General Permit, the
permittee has submitted an application for renewal of coverage before the submittal deadline, the permittee will be
considered for renewed coverage. The applicant must continue semi-annual monitoring until the renewed
Certificate of Coverage is issued.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No
Flow" within 30 days of the end of the six-month sampling period.
In all cases, the permittee shall report the analytical results from the first sample with valid results within the
monitoring period. The permittee shall compare those results to the benchmark values in Table 3. Exceedences of
benchmark values require the permittee to increase monitoring, increase management actions, increase record
keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the
descriptions of Tier One and Tier Two response actions.
Table 3. Benchmark Values for Analytical Monitoring Requirements
Discharge Characteristics
Benchmark Value
H
Within range 6.0 - 9.0
Chemical Oxygen Demand
120 mg/L
Total Suspended Solids
100 mg/L
Oil & Grease
30 mg/L
Cadmium, Total Recoverable
0.001 mg/L
Copper, Total Recoverable
0.007 m /L
Iron, Total Recoverable
N/A
Lead, Total Recoverable
0.03 m /L
Zinc, Total Recoverable
0.067 m /L
Part II Page 5 of 9
Permit No. NCG200000
Tier One
IIf: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any I
parameter at anv outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedence.
3. Identify potential and select the specific: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, or to bring concentrations
within the benchmark range.
4. Implement the selected actions within two months of the inspection.
5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include
the date and value of the benchmark exceedence, the inspection date, the personnel conducting the
the selected actions, and the date the selected actions were
Tier Two
If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods are
above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific
discharge outfall:
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result
exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative)
monitoring shall continue until three consecutive sample results are below the benchmark values or
within the benchmark range.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating "No Flow" to comply with reporting requirements.
4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan.
Tier Three
During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed
the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on
four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of
receipt of the fourth analytical results. DWQ may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for the remainder
of the permit;
• rescind coverage under the General Permit, and require that the permittee apply for an individual
stormwater discharge permit;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures; or
• require that the permittee implement site modifications to qualify for the No Exposure Exclusion;
• require the permittee to perform upstream and downstream monitoring to characterize impacts on
receiving waterbodies.
Part II Page 6 of 9
Permit No. NCG200000
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall
status and shall be performed as specified below in Table 4, during the analytical monitoring event.
Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention
Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative
monitoring of stormwater outfalls must be performed during a representative storm event.
Table 4. Qualitative Monitoring Requirements
Discharge Characteristics
Frequency
Monitoring
Location'
Color
Semi -Annual
SDO
Odor
Semi -Annual
SDO
Clarity
Semi -Annual
SDO
Floating Solids
Semi -Annual
SDO
Suspended Solids
Semi -Annual
SDO
Foam
Semi -Annual
SDO
Oil Sheen
Semi -Annual
SDO
Erosion or deposition at the out
Semi -Annual
SDO
Other obvious indicators
of stormwater pollution
Semi -Annual
SDO
Footnotes:
1 Measurement Frequency: Twice per year during a representative storm event according to the monitoring schedule in
Table 2, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater
discharge outfall (SDO) regardless of representative outfall status.
If the permittee's qualitative monitoring indicates either that existing stormwater BMPs are ineffective, or that significant
stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective
actions, and implement those corrective actions appropriate. A written record of the permittee's investigation,
evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan.
Part II Page 7 of 9
Permit No. NCG200000
Qualitative monitoring is for the purposes of evaluating the effectiveness of the Stormwater Pollution
Prevention Plan (SPPP), assessing new sources of stormwater pollution, and prompting the permittee's
response actions to pollution. If the permittee repeatedly fails to respond effectively to correct problems
identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard
violation, DWQ may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for the remainder
of the permit;
• rescind coverage under the General Permit, and require that the permittee apply for an individual
stormwater discharge permit;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures; or
• require that the permittee implement site modifications to qualify for the No Exposure Exclusion.
Qualitative monitoring will be performed twice per year, in accordance with the schedule in Table 2. A
minimum of 60 days must separate monitoring dates, unless monthly sampling has been instituted under a Tier
Two response as part of other analytical monitoring requirements in this permit.
SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new
motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified in
Table 5. This monitoring shall be performed at all outfalls which discharge stormwater runoff from the vehicle
maintenance areas, and in accordance with the schedule presented in Table 2. All analytical monitoring shall be
performed during a representative storm event.
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
Units
Measurement
Fre uencyi
Sample
Type
Sample
Location
H
standard
semi-annual
Grab
SDO
Oil and Grease
m /L
semi-annual
Grab
SDO
Total Suspended Solids
m /L
semi-annual
Grab
SDO
Total Rainfa114
inches
semi-annual
Rain gauge
New Motor Oil Usage
gallons/month
annual
Estimate
-
Footnotes:
1. Measurement Frequency: Twice per year during a representative storm event with one sample event occurring in the
period January -June and one sample event occurring in the period July -December, with a minimum of 60 days between
events.
2. Grab samples shall be collected within the first 30 minutes of discharge from an SDO or detention pond.
3• Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater
runoff from area(s) where vehicle maintenance activities occur.
4. For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge
reading must be recorded.
Part II Page 8 of 9
Permit No. NCG200000
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 6. Exceedences of
benchmark values require the permittee to increase monitoring, increase management actions, increase record
keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. The permittee shall
comply with the required Tier One and Tier Two response actions identified above.
Table 6. Benchmark Values for On -Site Vehicle Maintenance Activities
Discharge Characteristics
Cut-off Concentration
H
Within range 6.0 - 9.0
Oil and Grease
30 m /L
Total Suspended Solids
100 mg/L
Part II Page 9 of 9
Permit No. NCG200000
PART III STANDARD CONDITIONS FOR NPDES STORMWATER
GENERAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing facilities already operating, but applying for coverage under this General Permit for the first
time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of
the effective date of the initial Certificate of Coverage issued pursuant to this General Permit and updated
thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b)
of this permit, shall be accomplished within 12 months of the effective date of the initial Certificate of
Coverage.
New facilities applying for permit coverage for the first time and existing facilities previously permitted
and applying for renewal under this General Permit: All requirements, conditions, limitations, and
controls contained in this permit become effective immediately upon issuance of the Certificate of
Coverage. The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the
beginning of discharges from the operation of the industrial activity and be updated thereafter on an
annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit
shall be accomplished prior to the beginning of discharges from the operation of the industrial activity.
2. Duty to Comply
The permittee must comply with all conditions of this General Permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for certificate of
coverage termination, revocation and reissuance, or modification; or denial of a certificate of coverage
upon renewal application.
a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean
Water Act for toxic pollutants within the time provided in the regulations that establish these standards or
prohibitions, even if the permit has not yet been modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty
not to exceed $25,000 per day for each violation. Any person who negligently violates any permit
condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for
not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years,
or both. Also, any person who violates a permit condition may be assessed an administrative penalty not
to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of
the Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
c. Understate law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation maybe
assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A]
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d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306,
307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to
exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $125,000.
3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
General Permit which has a reasonable likelihood of adversely affecting human health or the
environment.
4. Civil and Criminal Liability
Except as provided in Section D of this permit regarding bypassing of stormwater control facilities,
nothing in this General Permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.613, 143-
215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
Oil and Hazardous Substance Liability
Nothing in this General Permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject
to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
6. Property Rights
The issuance of this General Permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion
of personal rights, nor any infringement of federal, state or local laws or regulations.
7. Severability
The provisions of this General Permit are severable, and if any provision of this General Permit, or the
application of any provision of this General Permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this General Permit, shall not be affected
thereby.
to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the Director
may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the
certificate of coverage issued pursuant to this General Permit or to determine compliance with this
General Permit. The permittee shall also furnish to the Director upon request, copies of records required
to be kept by this General Permit.
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9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this General Permit shall,
upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not
more than two years per violation, or by both. If a conviction of a person is for a violation committed
after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000
per day of violation, or by imprisonment of not more than 4 years, or both.
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation,
or certification in any record or other document submitted or required to be maintained under this General
Permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction,
be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two
years per violation, or by both.
SECTION B: GENERAL CONDITIONS
1. General Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to discharge beyond the
expiration date, the permittee shall submit forms and fees as are required by the agency authorized to
issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested
renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to
enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq.
2. Transfers
The certificate of coverage issued pursuant to this General Permit is not transferable to any person except
after notice to and approval by the Director. The Director may require modification or revocation and
reissuance of the certificate of coverage to change the name and incorporate such other requirements as
may be necessary under the Clean Water Act. Permittee is required to notify the Division within 60
days in the event the permitted facility is sold or closed.
3. When an Individual Permit May be Required
The Director may require any owner/operator authorized to discharge under a certificate of coverage
issued pursuant to this General Permit to apply for and obtain an individual permit or an alternative
General Permit. Any interested person may petition the Director to take action under this paragraph.
Cases where an individual permit may be required include, but are not limited to, the following:
a. The discharger is a significant contributor of pollutants;
b. Conditions at the permitted site change, altering the constituents and/or characteristics of the
discharge such that the discharge no longer qualifies for a General Permit;
C. The discharge violates the terms or conditions of this General Permit;
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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.
Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed and certified.
a. All notices of intent to be covered under this General Permit shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the
manager of one or more manufacturing production or operating facilities employing more
than 250 persons or having gross annual sales or expenditures exceeding 25 million (in
second quarter 1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, state, federal, or other public agency: by either a principal executive
officer or ranking elected official.
b. All reports required by the General Permit and other information requested by the Director shall
be signed by a person described above or by a duly authorized representative of that person. A
person is a duly authorized representative only if-.
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for environmental
matters for the company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Director.
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C. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification which shall not be modified in any way:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
6. General Permit Modification, Revocation and Reissuance, or Termination
The issuance of this General Permit does not prohibit the Director from reopening and modifying the
General Permit, revoking and reissuing the General Permit, or terminating the General Permit as allowed
by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123;
Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General
Statute 143-215.1 et. al.
After public notice and opportunity for a hearing, the General Permit may be terminated for cause. The
filing of a request for a General Permit modification, revocation and reissuance, or termination does not
stay any General Permit condition. The certificate of coverage shall expire when the General Permit is
terminated.
7. Certificate of Coverage Actions
The certificate of coverage issued in accordance with this General Permit may be modified, revoked and
reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does
not stay any General Permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the permittee to achieve compliance
with this General Permit. Proper operation and maintenance also includes adequate laboratory controls
and appropriate quality assurance procedures. This provision requires the operation of back-up or
auxiliary facilities or similar systems which are installed by a permittee only when the operation is
necessary to achieve compliance with the General Permit.
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.
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
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Permit No. NCG200000
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 Section E of this Part.
If the Director determines that it will meet the three conditions listed above, the Director may approve an
anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a representative storm
event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall
be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance.
Monitoring points as specified in this permit shall not be changed without notification to and approval of
the Director.
2. Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the
requirements of this General Permit, the permittee shall record the following information:
a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection or maintenance
activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
3. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume
of monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to
NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published
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Permit No. NCG200000
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.
Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that are
required to be sampled, the permittee may petition the Director for representative outfall status. If it is
established that the stormwater discharges are substantially identical and the permittee is granted
representative outfall status, then sampling requirements may be performed at a reduced number of
outfalls.
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the Stormwater
Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The
permittee shall retain records of all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all
reports required by this General Permit for a period of at least 5 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time.
7. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized contractor
acting as a representative of the Director), or in the case of a facility which discharges through a
municipal separate storm sewer system, an authorized representative of a municipal operator or the
separate storm sewer system receiving the discharge, upon the presentation of credentials and other
documents as may be required by law, to;
a. Enter upon 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 General Permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.
SECTION E: REPORTING REQUIREMENTS
Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report forms provided by the Director. Submittals shall be delivered to the
Division no later than 30 days from the date the facility receives the sampling results from the laboratory.
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Permit No. NCG200000
The permittee shall submit an Annual Summary Discharge Monitoring Report to the appropriate DWQ
Regional Office not later than March 1 of each year. The submittal shall be on forms supplied by the
Division.
When no discharge has occurred from the facility during the report period, the permittee is required to
submit a discharge monitoring report, within 30 days of the end of the six-month sampling period, giving
all required information and indicating "NO FLOW" as per NCAC T 15A 02B .0506.
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division, and shall retain the completed forms on site. Visual
monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to
do so.
2. Submitting Reports
Two signed copies of the Discharge Monitoring Reports (DMRs) shall be submitted to:
Central Files
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
In addition, a separate signed Annual Summary DMR shall be submitted to the local DWQ Regional
Office (RO) by March 1 of each year.
Addresses for each RO and the counties covered by each RO can be found here:
http://www.enr.state.ne.us/htmUre2ionaloffices.html. The permittee shall retain the completed
originals on site. Visual monitoring results should not be submitted to the Regional Offices or Central
Files unless specifically requested by DWQ.
3. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal
Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public
inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall
not be considered confidential. Knowingly making any false statement on any such report may result in
the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal
Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this General Permit coincides with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under the non-stormwater
discharge permit and provide this information with the stormwater discharge monitoring report.
Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which could significantly alter the nature or quantity of pollutants discharged. This notification
requirement includes pollutants which are not specifically listed in the General Permit or subject to
notification requirements under 40 CFR Part 122.42 (a).
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Permit No. NCG200000
6. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which may result in noncompliance with the General Permit requirements.
7. Spills
The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as
defined in Part VI of this permit. Additionally, the permittee shall report spills including: any oil spill of
25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill
regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons
that cannot be cleaned up within 24 hours.
8. Bypass
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of
an unanticipated bypass.
9. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any noncompliance
which may endanger health or the environment. Any information shall be provided orally within 24
hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the period of
noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has been received
within 24 hours.
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted.
11. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be
covered under this General Permit or in any report to the Director, it shall promptly submit such facts or
information.
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Permit No. NCG200000
PART IV LIMITATIONS REOPENER
This General Permit shall be modified or alternatively, revoked and reissued, to comply with any applicable
effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2)
and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in the General
Permit; or
b. Controls any pollutant not limited in the General Permit.
The General Permit as modified or reissued under this paragraph shall also contain any other requirements in the
Act then applicable.
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed
by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may
cause this Division to initiate action to revoke the Certificate of Coverage.
PART VI DEFINITIONS
Act
See Clean Water Act.
2. Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the
stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
flushings, water from footing drains, flows from riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training.
3. Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the
form of a process, activity, or physical structure. More information on BMPs can be found at:
http://cfpub.epa.gov/npdes/storinwater/menuofbmps/index.cfm.
4. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility
including the collection system, which is not a designed or established operating mode for the facility.
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Permit No. NCG200000
Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single above ground
storage container having a capacity of greater than 660 gallons or with multiple above ground storage
containers located in close proximity to each other having a total combined storage capacity of greater
than 1,320 gallons.
6. Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies the General Permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage
under the permit and is signed by the Director.
7. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
Division or DWQ
The Division of Water Quality, Department of Environment and Natural Resources.
9. Director
The Director of the Division of Water Quality, the permit issuing authority.
10. EMC
The North Carolina Environmental Management Commission.
11. Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or
qualitatively) must be taken within the first 30 minutes of discharge.
12. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
13. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land
treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility
or a surface storage facility.
14. Municipal Separate Storm Sewer S. s e
A stormwater collection system within an incorporated area of local self-government such as a city or
town.
15. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff.
Industrial materials or activities include, but are not limited to, material handling equipment or activities,
industrial machinery, raw materials, intermediate products, by-products, final products, or waste products.
DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a
facility complies with the terms and conditions described in 40 CFR § 122.26(g)
16. Notice of Intent
The state application form which, when submitted to the Division, officially indicates the facility's notice
of intent to seek coverage under a General Permit.
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Permit No. NCG200000
17. Permittee
The owner or operator issued a certificate of coverage pursuant to this General Permit.
18. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe,
ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to
waters of the state.
19. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the
previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have
a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable
discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours.
20. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
21. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to allow for the 25-year, 24-hour storm event.
22. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting
requirements; and
C. Meets at least one of the following criteria:
(1) 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);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
23. Severe Prope . Damage
Means substantial physical damage to property, damage to the control facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
24. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; finished materials such as metallic products; raw materials used in food processing or production;
hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required
to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as
ashes, slag and sludge that have the potential to be released with stormwater discharges.
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Permit No. NCG200000
25. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of
CERCLA (Ref: 40 CFR 302.4).
26. Stormwater Discharge Outfall(SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but
not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas,
from which stormwater flows directly or indirectly into waters of the State of North Carolina.
27. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as
a result of snowmelt.
28. 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.
29. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution
and is based on an evaluation of the pollution potential of the site.
30. Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a
specific water body and pollutant. (A list of approved TMDLs for the state of North Carolina can be
found at http://h2o.enr.state.nc.us/tmdt/)
31. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
32. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations.
33. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
34. 25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25
years.
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