HomeMy WebLinkAboutNCG020000_DRAFT General Permit to Notice_20150529STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
DRAFT GENERAL PERMIT NO. NCG020000
TO DISCHARGE STORMWATER, MINE DEWATERING, AND PROCESS WASTEWATER 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, mine dewatering wastewater, and process wastewater to
the surface waters of North Carolina or to a separate storm sewer system conveying discharges
to surface waters, from active and inactive mining sites, in accordance with the terms and
conditions set forth herein.
Coverage under this General Perm it is applicable to:-'
♦ Stormwater point source discharges associated with mining and quarrying of non-
metallic minerals (except fuels), mine excavation, processing, and vehicle maintenance;
♦ Authorized wastewater point source discharges less than 1 MGD from mining operations;
♦ Operation of wastewater treatment systems;
♦ Stormwater and/or wastewater point source discharges from like industrial activities
deemed by The Division of Energy, Mineral, and Land Resources (DEMLR) to be similar to
these operations in the process, or the discharges, or the exposure of raw materials,
intermediate products, by-products, final products, or waste products.
Coverage under this General Permit is not applicable to:
♦ Borrow Pits covered by the DOT statewide stormwater permit,
♦ Peat Mining,
♦ Coal Mining,
♦ Metal Mining,
♦ Oil and Gas Extraction Operations, and
♦ Wastewater not specifically designated in this permit.
PROPOSED DATES ARE APPROX/MATE
The General Permit shall become effective on July 1, 2015.
The General Permit shall expire at midnight on June 30, 2020.
Signed this 30th day of June, 2015.
Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral, and Land Resources
By the Authority of the Environmental Management Commission
DRAFT Permit No. NCG020000
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: General Permit Coverage
Section B: Permitted Activities
PART II CONSTRUCTION AND OPERATION OF A TREATMENT FACILITY
Section A: Requirement to Notify Regional Office
Section B: Requirements for Operation of a Wastewater Treatment Facility
PART III STORMWATER POLLUTION PREVENTION PLLAN`(SPPP)
PART IV MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGES
Section A: Stormwater Discharges - Analytical Monitoring Requirements
Section B: Stormwater Discharges - On -Site Vehicle Maintenance Monitoring Requirements
Section C: Stormwater Discharges - Qualitative Monitoring Requirements
Section D: Wastewater Discharges - Analytical Monitoring Requirements and Effluent Limitations
Section E: BMP Conditions and Residuals Management
PART V STANDARD CONDITIONS FOR NPDES 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
i
DRAFT Permit No. NCG020000
2. Transfers
3. When an Individual Permit May be Required
4. When an Individual Permit May be Requested
S. Signatory Requirements
6. General Permit Modification, Revocation and Reissuance, or
Termination
7. Certificate of Coverage Actions
8. Annual Administering and Compliance Monitoring Fee Requirements
Section C: Operation and Maintenance of Pollution Contro s
1. Proper Operation and Maintenaoo
2. Need to Halt or Reduce not a D¢A�en
3. Bypassing of Wastewater or Sto ter Control Facilities
Section D: Monitoring and Records
1.
Representative Sampl'
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 VI DEFINITIONS
ii
DRAFT Permit No. NCG020000
PART I - INTRODUCTION
SECTION A: GENERAL PERMIT COVERAGE
All persons desiring to have facilities covered by this General Permit must register with the Division
of Energy, Mineral, and Land Resources (DEMLR) 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, mine dewatering wastewater, or
authorized process wastewater that has a point source discharge to the surface waters of the state.
This General Permit is applicable to mining and quarrying of nonmetallic minerals (except fuels)
including borrow pits (that would not be covered under the statewide DOT stormwater permit) and
active or inactive mines that discharge stormwater contaminated with,�or that has come in contact
with, any overburden, raw material, intermediate products, finished products, byproducts or waste
products located at the site of such operations and stormwater runoff from y icle maintenance
areas. This General Permit also covers discharge of wastewater from pro c.. sing mined materials
and mine dewatering wastewater from the groundwater and/or stormwater that accumulates in
the mine pit.
Any owner or operator not wishing to be covered or ^mi.fedy is General Permit may make
application for an individual NPDES permit in accordarke with NPDES procedures in 15A NCAC 2H
.0100, stating the reasons supporting the request. Any application for an individual permit should
be made at least 180 days prior to commencement of discharge.
This General Permit does not cover activities or diarges 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 cduId be covered by this General Permit may request
that the individual permit be revoked an verage under this General Permit be provided.
Any facility may apply for new or continued coverage under this permit until a Total Maximum
Daily Load (TMDL) for pollutants for stormwater or wastewater 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 discharges to watersheds affected by a TMDL, coverage under this
permit may depend on the facility demonstrating it does not have reasonable potential to
violate applicable water quality standards for those pollutants as a result of discharges. If
the Division determines that discharges have reasonable potential to cause water quality standard
violations, the facility shall apply for an individual permit 180 days prior to the expiration date of
this General Permit. Once that individual permit is effective, the facility will no longer have
coverage under this General Permit. [Note the permittee 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), Part 111. A list of approved TMDLs for the state of
North Carolina can be found at http://portal.ncdenr.org/web/wq,/ps/mtu/tmdl.
Parts I -II Page 1 of 4
DRAFT Permit No. NCG020000
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater, mine dewatering, and process wastewater to the surface waters of North Carolina or a
separate storm sewer system which has been treated and managed in accordance with the terms
and conditions of this General Permit and the requirements of the permittee's Certificate of
Coverage (COC).
The permittee's COC is hereby incorporated by reference into this General Permit. Any
violation of the COC is a violation of this General Permit and subject to enforcement action as
provided in the General Permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or approval.
The 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 213.0230 and .0231 and water quality certification requirements
as outlined in 15A NCAC 21-1.0500.
If mining activities will expand or change such that the types of discharges are affected, the
permittee must first contact DEMLR's Stormwater Permitting Program to determine if
modifications to the COC are necessary. The permittee is also responsible for contacting DEMLR if
modifications to the Mining Permit are necessary, as compliance with the Mining Permit is a
stipulation of this permit.
This permit does not relieve the permittee's responsibility for compliance with any other applicable
federal, state or local law, rule, standard, ordinance, order or decree.
W-2
Parts I -II Page 2 of 4
DRAFT Permit No. NCG020000
PART II - CONSTRUCTION AND OPERATION OF A TREATMENT FACILITY
Mining operations involving construction and operation of wastewater treatment facilities for
mine dewatering or process wastewater (such as saw water, wash water, etc.) are subject to
construction and operation requirements for treatment facilities as outlined in Sections A and B
below.
SECTION A: REQUIREMENT TO NOTIFY REGIONAL OFFICE
The permittee shall notify the DEMLR Regional Office at least seventy-two (72) hours in advance of
operation of newly installed or expanded wastewater treatment facilities so that an in -place
inspection can be made if the Regional Office so desires. Such notification to the Regional
Supervisor shall be made during normal business hours from 8:00 a.m. until 5:00 p.m. on Monday
through Friday, excluding State Holidays.
Parts I -II Page 3 of 4
DRAFT Permit No. NCG020000
SECTION B: REQUIREMENTS FOR OPERATION OF A WASTEWATER TREATMENT
FACILITY
Existing, new, and expanding wastewater treatment facilities shall be subject to the following
operational requirements.
Operation and maintenance of treatment facilities must be in accordance with the
requirements in this General Permit. For the purposes of this permit no documentation
other than a signed Certificate of Coverage (COC) is required to operate an existing
treatment facility.
This authorization to operate does not apply to a Closed -Loop Recycle System (CLRS)
that meets the design requirements in 15A NCAC 2T .1000 and does not discharge to
surface waters. Mine operations that construct and operate CLRS facilities must contact
the Non -Discharge Permitting Program in the Division of Water Resources to obtain any
necessary permits or approvals.
Diversion or bypass of untreated wastewater from a treatment facility is prohibited except
under provisions of this permit in Part V, Section CA and Part V, Section E.8.
In the event that a facility fails to perform satisfactorily, including the creation of nuisance
conditions, the permittee shall take immediate corrective action, including those actions
that may be required by the North Carolina Department of Environment and Natural
Resources (NC DENR), such as the construction of additional or replacement treatment or
disposal facilities.
4. The issuance of this permit shall not relieve the permittee of the responsibility for damages
to surface waters of the State resulting from the operation of a treatment facility.
Impp-
5. Any discharge from a treatment system to groundwater must protect the groundwater
standards specified in 15A NCAC 2L, Groundwater Classification and Standards.
Any groundwater quality monitoring, as deemed reasonably necessary by NC DENR, shall
be provided.
Flocculants evaluated by NC DENR may be used if administered in accordance with
maximum application doses and any other current requirements. No other chemical
flocculants shall be used in the treatment facility without written authorization from the
Division. Evaluated Polyacrylamide (PAMS) information can be found on the Stormwater
Permitting Program website.
8. All discharges of mine dewatering wastewater and process wastewater will be monitored in
accordance with Part IV, Section D of this permit.
Parts I -II Page 4 of 4
DRAFT Permit No. NCG020000
PART III - STORMWATER POLLUTION AND PREVENTION PLAN (SPPP)
The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The
SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP
shall be considered public information in accordance with Part V, Standard Conditions for NPDES
General Permits, Section E, Paragraph 3 of this General Permit. The SPPP shall include, at a
minimum, the following items:
Site Overview. The Site Overview shall provide a description of the physical facility and the
potential pollutant sources that may be expected to contribute to contamination of
stormwater discharges. The Site Overview shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent
map), showing the facility's location in relation to,,ttansportat n routes and surface
waters; the name of the receiving water(s) to which the sto water 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 latitude and
longitude of the point(s) of stormwater discharge associated with industrial activity.
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 if the
site is located in a watershed for which a TMDL has been established, and what
the parameter(s) of c c n are.
(b) A narrative description "of ss brage 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 expecteq to be pr ent in the stormwater discharge from each outfall.
(c) A site map drawn at a scale sufficient to clearly depict: the site property boundary;
the stormwater discharge outfalls; all on -site and adjacent surface waters and
wetlands; industrial activity areas (including storage of materials, disposal areas,
process areas, loading and unloading areas, and haul roads); site topography; all
drainage features and structures; drainage area boundaries and total contributing
area for each outfall; direction of flow in each drainage area; industrial activities
occurring in each drainage area; buildings; stormwater Best Management Practices
(BMPs) with design capacities; and permanent impervious surfaces, such as roads
or process areas that are unlikely to change frequently. The site map shall include a
graphic scale indication and north arrow. In addition, the following industrial
activity areas must also be identified on the site map: fueling, vehicle maintenance
and repair, washing of materials or equipment.
(d) A list of significant spills or leaks of pollutants that have occurred during the
previous three (3) years and any corrective actions taken to mitigate spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The permittee shall re -certify annually that the
stormwater outfalls have been evaluated for the presence of non-stormwater
discharges. If non-stormwater discharges are present, the permittee shall identify the
source and record whether the discharge is otherwise permitted (by rule or a different
permit). The permittee shall evaluate the environmental significance of the non-
stormwater discharges and include a summary written record with the certification.
Part III Page 1 of 5
DRAFT Permit No. NCG020000
The certification statement and summary written record shall be retained with the
SPPP, and shall be dated and signed in accordance with the requirements found in
Part V, Standard Conditions for NPDES General Permits, Section B, Paragraph 5.
Erosion and Sedimentation Control. The permittee shall implement the management
practices and the erosion and sedimentation control measures that are included in the
mining permit or erosion and sedimentation control permit issued by the Division of
Energy, Mineral, and Land Resources (DEMLR). Compliance with the DEMLR issued
Mining Permit is considered a requirement of this General Permit. Any deviation from
the Mining Permit and/or Erosion and Sedimentation Control Permit, or amendments to the
issued permit, that impacts water quality shall constitute a violation of the terms and
conditions of this General Permit. All erosion and sediment controls shall be inspected, and
a respective written record of repairs and maintenance shall be available to DEMLR
inspectors. A signed copy of the issued Mining Permit, including the approved erosion
and sedimentation control measures and the reclamation plan, shall be maintained
on the site at all times. Once an area is released by DEMLR in accordance with NC G.S.
Chapter 74, Article 7, it shall no longer be subject to this General Permit.
Stormwater Management Strategy. The Stormwater Management Strategy shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stormwater and the transport of
significant materials by stormwater, including structural and nonstructural measures. The
Stormwater Management Strategy, at a minimum, shall incorporate the following:
(a) Management of Stormwater Runoff and Runon. The permittee shall maintain
stormwater BMPs for mine excavation and disturbance areas, process areas, and
any other areas associated with mining or vehicle maintenance activities. In
addition, controls should be used to limit or isolate selected land disturbance and
process areas and limit the amount of off -site stormwater runon to those areas.
Appropriate Best Management Practices (BMPs) should be used to divert, infiltrate,
reuse or otherwise manage stormwater runoff and runon in a manner that reduces
pollutants in stormwater discharges leaving the site. Appropriate BMPs may
include but are not limited to: vegetative swales, berms, use of reclaimed mine
areas, and reuse of collected stormwater (such as for an industrial process or as an
irrigation source).
(b) BMP Controls Inspection and Maintenance. BMPs shall be inspected by or under
the direction of the permittee at least once every seven calendar days, unless the
site is inactive. All inspections and BMP repairs shall be documented by written
record.
Reduced BMP Inspections for inactive mines: Dormant Site Status is available for
inactive mines that have suspended all industrial activities, and if the permittee
has certified to DEMLR's Stormwater Permitting Program that all portions of the site
where clearing, grading, and/or excavation activities have been stabilized with
vegetation. Under dormant status the permittee may conduct BMP inspections
once a month. The permittee shall send written certification to the DEMLR
Regional Office that the site is inactive, and the Regional Office may grant reduced
BMP inspection frequency on the basis of the permittee's certification. The
permitted site may be subject to an inspection for verification.
Part III Page 2 of 5
DRAFT Permit No. NCG020000
In addition, also under dormant status but only upon a favorable site
inspection by the Regional Office, the Regional Office Engineer may exempt the
permittee from weekly and monthly BMP inspections if stormwater structural BMPs
have been removed and the Regional Office determines that structural BMPs are not
necessary because of sufficient site stabilization. However, the permittee must
still perform an annual inspection as part of the SPPP Annual Update outlined
in 8. of this section. In either case, the permittee shall notify the Regional Office
prior to resuming industrial activities at an inactive mine.
A rain gauge and monitoring records are to be kept on site. BMPs shall be operated
and maintained. BMPs must be cleaned out when sediment storage capacity is at
50 percent of the design sediment volume. If visible sedimentation is leaving the
property, corrective action shall be taken to reduce the discharge of sediments.
Visible sedimentation shall be recorded with a brief explanation of measures taken
to prevent future releases, as well as any measures taken to remove the sediment
that has left the site. Visible sedimentation records shall be kept onsite. All other
stormwater specific controls (e.g. oil/water separators) shall be inspected and
qualitatively monitored (as per Part IV. C) on a semi-annual schedule. A log of all
sampling data, including activities taken to implement BMPs associated with vehicle
maintenance activities, shall be maintained and t�corporated into the SPPP and kept
onsite and available for inspection purposes. These items shall be available for the
duration of the permit term and made available to the Director upon request. These
data shall be sent to the RegiOal Office upon request.
(c) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials including petroleum products; 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 the purposes of
effective stormwater pollution prevention, the SPPP is intended to be broader and
more comprehensive than a federal oil Spill Prevention, Control, and
Countermeasure Plan (SPCC). For facilities subject to a federal SPCC Plan, any
portion of the SPCC Plan fully compliant with the requirements of this permit may
be used to demonstrate compliance with this permit.
4. 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 (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
procedures. A responsible person shall be on -site at all times during facility operations that
Part III Page 3 of 5
DRAFT Permit No. NCG020000
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.
5. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance and good housekeeping program shall be developed and implemented. The
program shall ensure equipment used during mining activity on a site must be operated and
maintained to prevent potential pollution of the surface water or groundwaters of the state.
Fuels, lubricants, coolants, hydraulic fluids, or any other petroleum products shall not be
discharged on the ground or into surface waters. Spent lubricants and fuels shall be
disposed of properly and in accordance with applicab,ke federal disposal regulations. Spilled
fluids shall be cleaned up to the maximum extent practicable and properly disposed of to
prevent entry to surface waters or groundwaters of the; state. The program shall establish
schedules of inspections, maintenance, and housekeeping measures for vehicle
maintenance and industrial activity areas (including material storage and handling areas,
disposal areas, process areas, loading and unloading areas, and haul roads), where not
already addressed under another element of the SPPP. T-Oiiely compliance with the
established schedules for inspections, maiitenance, and housekeeping shall be recorded
and maintained in the SPPP.
6. Employee Training. Trainin�p`rograms 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. Additional required training
items include: used oil management, spent solvent management, and fueling procedures.
The annual training shall be documented by the signature and printed or typed name of
each employee trained.
Responsible Party. The SPPP shall identify a specific position(s) responsible for the
overall coordination, development, implementation, and revision to the SPPP.
Responsibilities for all components of the SPPP shall be documented and position
assignments provided.
8. SPPP Amendment and Annual Update. All aspects of the SPPP shall be reviewed and
updated on an annual basis. The permittee shall amend the SPPP whenever there is a
change in design, construction, operation, site drainage, maintenance, or configuration of
the physical features which may have a significant effect on the potential for the discharge
of pollutants to surface waters. The annual update shall include at a minimum:
(a) an updated list of significant spills or leaks of pollutants for the previous three (3)
years, or the notation that no spills have occurred (element of the Site Overview);
(b) a written re -certification that the stormwater outfalls have been evaluated for the
presence of non-stormwater discharges (element of the Site Overview);
(c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs;
(d) a review and comparison ofsample analytical data to benchmark values (if applicable)
over the past year, including a discussion about Tiered Response status. The
permittee shall use the Division's Annual Summary Data Monitoring Report (DMR)
form, available from the Stormwater Permitting Program's website (See'Monitoring
Forms' here: http://portal.ncdenr.orglweb/lrinpdes-stormwater).
Part III Page 4 of 5
DRAFT Permit No. NCG020000
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, Section B, Paragraph 5) to the Director that the changes have been made.
9. SPPP Implementation. The permittee shall implement the Stormwater Pollution
Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in
order to control contaminant entering surface waters via stormwater that comes in contact
with any overburden that is not stabilized, raw materials, intermediate products, finished
products, byproducts or waste products located on the site covered by this permit.
Implementation of the SPPP shall include documentation of all monitoring, measurements,
inspections, maintenance activities, and training provided to employ s, 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, irector or the Director's
authorized representative immediately upon request.
Part III Page 5 of 5
DRAFT Permit No. NCG020000
PART IV - MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
SECTION A: STORMWATER DISCHARGES - ANALYTICAL MONITORING
REQUIREMENTS
Regulated industrial stormwater discharges are discharges of stormwater-only flows from
mining activity areas, including (but not limited to) areas of mine excavation, other land
disturbance, process areas, and vehicle maintenance. This section does not apply to wastewater
discharges from mine dewatering and process areas. Analytical monitoring for stormwater
discharges shall be performed for parameters as specified in Tables 1 through 3.
Monitoring Exemption
Analytical monitoring is not required for any basin or pond designed to contain the 25-year, 24-
hour storm (see Part VI, Definitions) without discharging, and that can regain capacity to hold such
an event within five (5) days' time through means other than discharge to surface waters. A basin
or pond that meets this provision is considered a non -discharging stormwater control measure.
All analytical monitoring shall be performed during a measurable storm event at each stormwater
discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity
must be sampled (See Definitions).
A measurable storm event for the purposes of this General Permit is a storm event that results in
an actual discharge from the permitted site outfall. The time between this storm event and the
previous measureable storm event must be at least 48 hours. See Definitions.
Table 1 Analytical Monitoring Requirements for Stormwater Discharges from Mining
Activities
Discharge
Characteristics
Units
Measurement
Fre uenc 1
Sample
Type2
Sample
Location3
Settleable Solids
MI/1
Semi-annual
Grab
SDO
Total Suspended Solids
mg/1
Semi-annual
Grab
SDO
Turbidity
NTU
Semi-annual
Grab
SDO
Total Rainfa114
inches
Semi-annual
--
--
Footnotes:
1. Measurement Frequency: Twice per year (unless other provisions of this permit require monthly
sampling) during a measureable storm event, until either another permit is issued for this facility or
until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or
Three response actions under the previous General Permit, the facility shall continue a monthly
monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of
this permit or the Division.
2. Grab samples shall be collected within the first 30 minutes of discharge. Where physical separation
between outfalls prevents collecting all samples within the first 30 minutes, the permittee shall begin
sampling within the first 30 minutes, and shall continue until completed.
3. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless
representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be
kept on site with the SPPP.
4. For each sampled measureable storm event the total precipitation must be recorded. An on -site rain
gauge or local rain gauge reading must be recorded.
Part IV Page 1 of 12 Pages
DRAFT Permit No. NCG020000
The permittee shall complete the analytical samplings in accordance with the schedule specified in
Table 2. Sampling is not required outside of the facility's normal operating hours (unless the mine
is inactive). A minimum of 60 days must separate Period 1 and Period 2 sample dates, unless
monthly monitoring has been instituted under other requirements of this permit.
Table 2 Monitoring Schedule
Semi-annual
Monitoring Eventsl,z
Start Date
(All Years)3
End Date
(All Years) 3
Period 1
January 1
June 30
Period 2
July 1
December 31
Footnotes:
1. Maintain semi-annual monitoring during permit renewal process (unless other provisions of this permit
require monthly sampling). 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 monitoring until the renewed Certificate of Coverage
(COC) is issued.
2. If no discharge occurs during the sampling period, the permittee must submit a monitoring report
indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period. "No Flow" or
"No Discharge" shall be reported on the Discharge Monitoring Report (DMR).
3. Monitoring periods remain constant throughout the five-year term of the General Permit.
1 f
In all cases, the permittee shall report the'analytical results from each sample within the
monitoring period (as specified in Part V, Standard Conditions, Section E). The permittee shall
compare those results to the benchmark values in Table 3. Exceedances of benchmark values
require the permittee to increase monitoring, increase management actions, increase record
keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program.
Table 3 Benchmark Values for Stormwater Discharges
Discharge Characteristics
Benchmark Values
Settleable Solids
0.1 MI/1
Total Suspended Solids (TSS)
100 mg/1
TSS ORW, HQW, trout, and PNA waters
50 m 1
TurbidityN
A See below
The discharge shall not cause the turbidity of the receiving water to exceed Water Quality
Standards:
10 NTU (freshwater streams, lakes, and reservoirs designated as trout waters);
25 NTU (all lakes and reservoirs, and all salt waters);
50 NTU (all other streams and surface waters).
This General Permit requires the measurement of turbidity in the permittee's discharge, but does
not impose a turbidity benchmark value. However, if turbidity of the receiving stream exceeds
these levels due to natural background conditions, the existing turbidity level shall not be
increased. If the turbidity exceeds these levels as a result of stormwater discharges, the permittee
must immediately institute Tier 2 response actions, including monthly monitoring of all
stormwater discharge outfalls to the receiving waters.
Part IV Page 2 of 12 Pages
DRAFT Permit No. NCG020000
The benchmark values in Table 3 are not enforceable permit limits. An exceedance of a
stormwater benchmark value is not a permit violation; however, failure to respond to the
exceedances as outlined in this permit is a violation of permit conditions. The benchmarks are
intended to reduce polluted discharges by triggering the permittee's required response actions
under Tiers One, Two, and Three. See below the descriptions of Tiers One, Two, and Three response
actions.
Part IV Page 3 of 12 Pages
DRAFT Permit No. NCG020000
Tier One
If. The first valid sampling results are above a benchmark value for any parameter at any outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection within two weeks of receiving the sample results.
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. Identify potential, and select the specific feasible: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern.
4. Implement the selected feasible actions within two months of the inspection.
S. Record each instance of a Tier One response in the SPPP. Include the date and value of the
benchmark exceedance, the inspection date, the personnel conducting the inspection, the selected
feasible actions, and the date the selected feasible actions were implemented.
6. Note: Exceedances for a different parameter separately trigger the tiered response requirements.
Tier Two
If. The first valid sampling results from two consecutive monitoring periods are above the benchmark values
for anv specific parameter at a specific discharge ou
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring and reporting for all parameters at every outfall where a
sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and
qualitative) monitoring shall continue until three consecutive sample results are below the benchmark
values.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating "No Flow" to comply with reporting requirements.
4. Alternatively, in lieu of steps 2 and 3, the permittee may exercise the option of contacting the DEMLR
Regional Office Engineer as provided below in Tier Three. The Regional Office Engineer may direct the
response actions on the part of the permittee as provided in Tier Three. The permittee will be
considered to be obligated under the Tier Three provisions.
S. Maintain a record of the Tier Two response in the SPPP.
6. Continue Tier Two response obligations throughout the permit COC renewal process.
Tier Three
If the valid sampling results required for the permit monitoring periods exceed the benchmark value for
any specific parameter at any specific outfall on four occasions, the permittee shall notify the DEMLR
Regional Office Engineer in writing within 30 days of receipt of the fourth analytical results. DEMLR
may but is not limited to:
• require the permittee to revise, increase, or decrease the monitoring and reporting frequency for
some or all parameters, including requiring sampling of additional or substitute parameters;
• rescind coverage under the General Permit, and require that the permittee apply for an individual
stormwater discharge permit;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize impacts on
receiving waters; or
• require the permittee to continue Tier Three obligations through the permit COC renewal process.
Part IV Page 4 of 12 Pages
DRAFT Permit No. NCG020000
Failure to monitor and report per the permit terms may result in the Division requiring
monthly monitoring and reporting for all parameters for a specified time period. Lack of a
discharge from an outfall for the monitoring period, or inability to collect a sample because of
adverse weather conditions during a monitoring period will not constitute failure to monitor, as
long as those conditions are reported on the monitoring period DMR and noted in the SPPP. (See
Adverse Weather in Definitions.) Similarly, sampling is not required outside of the facility's normal
operating hours (unless the mine is inactive).
Reduced monitoring for inactive mines: Dormant Site Status is available for inactive mine sites that
have suspended all industrial activities, and if the permittee has certified in writing to DEMLR's
Stormwater Permitting Program that all portions of the site with clearing, grading, and/or
excavation activities have been stabilized with vegetation. Upon a favorable site inspection by the
Regional Office, the Regional Office Engineer may exempt the permittee from stormwater analytical
monitoring, stormwater qualitative monitoring, and wastewater monitoring. The DEMLR letter
granting dormant status must be kept with the SPPP, and available for inspection within a
reasonable time of the Division's request.
In the event that the Division releases the permittee from continued monthly monitoring and reporting
under Tier Two or Tier Three, DEMLR's release letter may remain in effect through subsequent
reissuance of this permit, unless the release letter provides for other conditions or duration.
The permittee must report all results from all valid discharge samples taken during each
monitoring period. However, for purposes of benchmark comparison and Tiered response actions, the
permittee shall use the analytical results from the first sample with valid results within the
monitoring period.
SECTION B: STORMWATER DISCHARGES — ON -SITE VEHICLE MAINTENANCE
MONITORING REQUIREMENTS
Facilities that have any on -site vehicle maintenance activity that uses more than 55 gallons of
new motor oil per month when averaged over the calendar year shall perform analytical
monitoring as specified below in Table 4 and in accordance with the schedule presented in Table
2 (Section A). Sampling results shall be reported as described in Part V, Section E. All analytical
monitoring shall be performed during a measureable storm event at all stormwater discharge
outfalls (SDOs) that discharge stormwater runoff from vehicle maintenance areas.
Table 4 Analytical Monitoring Requirements from On -Site Vehicle Maintenance Areas
Discharge Characteristics
Units
Measurement
Fre uenc 1
Sample
Type2
Sample
Location3
Total Suspended Solids (TSS)
mg/1
Semi-annual
Grab
SDO
Non -Polar Oil & Grease
b EPA Method 1664 SGT-HEM
mg/1
Semi-annual
Grab
SDO
Total Rainfa114
inches
Semi-annual
Grab
New Motor Oil Usage
gallons/month
Semi-annual
Estimate
--
Footnotes:
1. Measurement Frequency: Twice per year (unless other provisions of this permit require monthly
sampling) during a measureable storm event (See Table 2), until either another permit is issued
Part IV Page 5 of 12 Pages
DRAFT Permit No. NCG020000
for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly
because of Tier Two or Three response actions under the previous General Permit, the facility should
continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved
by the provisions of this permit or the Division.
2. Grab samples shall be collected within the first 30 minutes of discharge. Where physical separation
between outfalls prevents collecting all samples within the first 30 minutes, the permittee shall begin
sampling within the first 30 minutes, and shall continue until completed.
3. Sample Location: Samples shall be collected at each vehicle maintenance area stormwater
discharge outfall (SDO), unless representative outfall status (ROS) has been granted. A copy of the
Division's letter granting ROS shall be kept on site with the SPPP.
4. For each sampled measureable storm event, an on -site or local rain gauge reading must be
recorded. Where isolated sites are unmanned for extended periods of time, a local rain gauge
reading may be substituted for an on -site reading.
The permittee shall complete the analytical samplings in accordree with the schedule specified in
Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly
monitoring has been instituted under other requirements of this permit.
In all cases, the permittee shall report (as required in Part V, Standard Conditions, Section E.) 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 S. Exceedances of
benchmark values require the permittee to increase monitoring, increase management actions,
increase record keeping, increase record keeping, and/or install stormwater Best Management
Practices (BMPs) in a tiered program. See the descriptions of the Tiers One, Two, and Three
required response actions in S on
Table 5 Benchmark Value for On -Site Vehicle Maintenance Activities
Discharge Characteristics
Benchmark Value
TSS
100 m L
TSS (HQW, ORW, Trout (Tr), and PNA waters)
50 mg/L
Non -Polar Oil and Grease
by EPA Method 1664 SGT-HEM
15 mg/L
The benchmark values in Table 5 are not enforceable permit limits. An exceedance of a stormwater
benchmark value is not a permit violation; however, failure to respond to the exceedances as outlined
in this permit is a violation of permit conditions. The benchmarks are intended to reduce polluted
discharges by triggering the permittee's required response actions under Tiers One, Two, and Three.
Failure to monitor and report Der the hermit terms may result in the Division reauirin
monthly monitoring and reDortinLy for all Darameters for a specified time Deriod. Lack of a
discharge from an outfall for the monitoring period, or inability to collect a sample because of
adverse weather conditions during a monitoring period will not constitute failure to monitor vehicle
maintenance area discharges, as long as those conditions are reported on the monitoring period
DMR and noted in the SPPP. (See Adverse Weather in Definitions.) Similarly, sampling is not
required outside of the facility's normal operating hours (unless the mine is inactive).
Part IV Page 6 of 12 Pages
DRAFT Permit No. NCG020000
SECTION C: STORMWATER DISCHARGES — 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 requires a visual inspection of each stormwater outfall. Qualitative
monitoring shall be performed as specified in Table 6, whether semi-annual or more frequently as
may be required per the Qualitative Monitoring Response requirements below. Inability to
monitor because of adverse weather or lack of discharge during the monitoring period must be
documented in the SPPP and recorded on the Qualitative Monitoring Report (see Adverse Weather
in Definitions). Only SDOs discharging stormwater associated with industrial activity must be
monitored (See Definitions).
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall
document the suspected cause of the condition and any actions taken in response to the discovery.
This documentation will be maintained with the SPPP.
Table 6 Qualitative Monitoring Requirements
Discharge Characteristics
Frequency1
torin
MoLoninit rin g
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
Deposition at or immediately below the outfall
Semi-annual
SDO
Erosion at or immediately below 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. See Table 2 for schedule of monitoring periods.
The permittee must continue qualitative monitoring throughout the permit renewal process.
2. Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall
(SDO) regardless of representative outfall status (ROS), unless ROS isgranted specifically for
qualitative monitoring. A copy of any letter granting ROS shall be kept on site. DEMLR's letter
granting ROS remains in effect through the subsequent reissuance of this permit and as long as the
pertinent site conditions and operations remain unchanged, unless the ROS letter provides for other
conditions or duration.
Part IV Page 7 of 12 Pages
DRAFT Permit No. NCG020000
Representative outfall status (ROS) specifically for qualitative monitoring may be granted for some
stormwater outfalls and must be documented by DEMLR. Qualitative monitoring records shall not
be turned into the Division except when requested. Qualitative monitoring records shall be
maintained on site as part of the SPPP.
A minimum of 60 days must separate monitoring dates, unless additional sampling has been
instituted as part of other analytical monitoring requirements in this permit.
If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or
that significant stormwater contamination is present, the permittee shall investigate potential
causes, evaluate the feasibility of corrective actions, and implement those corrective actions within
60 days, per the Qualitative Monitoring Response, below. A written record of the permittee's
investigation, evaluation, and response actions shall be kept in the SPPP.
I Qualitative Monitoriniz Response I
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 co tributes to a water quality standard violation, DEMLR
may but is not limited to:
• require that the pernittee revise, inc ase, or decrease monitoring frequency for some or
all parameters (analytical or qualitative);
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures; or
• require the permittee to perform upstream and downstream monitoring to characterize
impacts on receiving waters.
Part IV Page 8 of 12 Pages
DRAFT Permit No. NCG020000
SECTION D: WASTEWATER DISCHARGES — ANALYTICAL MONITORING
REQUIREMENTS AND EFFLUENT LIMITATIONS
This General Permit authorizes the discharge of process wastewater associated with two distinct
activities: 1) mine dewatering and 2) process wastewater associated with mining operations as
described below in 1.4. of this Section. The authorization to discharge wastewater is specifically
identified on each permittee's COG Process wastewater discharges generated by any other
activity are not authorized under this permit, except allowable non-stormwater discharges
permitted by 15A NCAC2H.0106(f). Mine dewatering or other wastewaters commingled with
stormwater shall be considered wastewater.
1. MINE DEWATERING WASTEWATER
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge mine dewatering wastewater controlled in accordance with
the conditions of this permit. Mine dewatering requirements apply to all mines that dewater from
pits including quarries, clay brick, sand and gravel, borrow pits, and refractory mining, as well as
mines with similar discharges. For Construction Sand and Gravel or Industrial Sand mines,
,'mine dewatering" wastewater includes wet pit overflows caused solely by direct rainfall and
groundwater seepage.
Permittees conducting mine dewatering activities that have the potential to drain wetlands
or other surface waters must have developed and implemented a Pumping Operation
and Monitoring (POM) Plan approved by the Division. Approval may be coordinated
with other Divisions in NC DENR, such as the Division of Water Resources. POM Plans
shall include, but are not limited to:
• Groundwater monitoring strategies to demonstrate the effect of pumping.
• Detailed plans to maintain the surrounding hydrology that protects the affected
streams and wetlands and the respective monitoring to demonstrate compliance.
• The pumping regime deemed necessary to protect affected streams and wetlands.
Alternative site specific pumping and monitoring regimes may be approved by the
Division on a case -by -case basis. At the Division's discretion, approval of the POM Plan
may be required prior to coverage under this General Permit.
Mine dewatering discharges to land surfaces (without the potential to discharge directly to
surface waters), where no chemicals are used in the mining process, may be permitted by regulation
under 15A NCAC 02T .0113(a)(16) and not subject to the provisions of this permit.
2. PROCESS WASTEWATER
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge treated process wastewater from mining operations. Process
wastewater from mining operations includes, but may not be limited to, the water involved in the
slurry transport, washing, sawing of mined material, air emissions control or processing exclusive of
mining of sand, gravel and stone washing operations, dimension stone cutting operations, and air
scrubbing and dust control operations. Treatment may involve conveyance through erosion and
sedimentation control (E&SC) structures and/or other engineered treatment systems.
Part IV Page 9 of 12 Pages
DRAFT Permit No. NCG020000
3. COMMINGLED STORMWATER AND WASTEWATER DISCHARGES
If mine dewatering or authorized process wastewaters commingle with stormwater prior to
discharge, sampling the combined discharge under this Section D will meet the monitoring
requirements of this permit. Sampling shall be performed during the discharge; these events may or
may not be associated with rainfall.
4. RECYCLE SYSTEMS
Wastewater treatment may include some wastewater recycling as a means of volume management.
Authorized process wastewater discharges (overflows) from a recycle system to surface waters are
subject to the provisions, monitoring requirements, and effluent limitations in this General Permit.
Wastewater treatment facilities that do not discharge to surface waters are exempt from the
requirements of Part IV, Section D of this permit. Such facilities include Closed -Loop Recycle
Systems (CLRS). A CLRS must operate at or below two feet of freeboard, be designed to exclude
stormwater runoff from draining into it, and meet all other design requirements in 15 NCAC 2T
.1000. Coverage under this General Permit is not sufficient for the permittee to operate a CLRS.
Mine operations that construct and operate CLRS facilities must contact the Non -Discharge
Permitting Program in the Division of Water Resources to obtain any necessary permits or
approvals.
MONITORING FOR MINE DEWATERING AND AUTHORIZED PROCESS WASTEWATER
DISCHARGES
Analytical monitoring of mine dewatering and authorized process wastewater shall be performed
as specified below in Table 7. For each parameter, an effluent limitation is contained in Table 8.
An exceedance of any of these limitations results in a violation of the permit conditions and may be
subject to enforcement action as specified in Part V, Section A.2 of this permit.
Table 7 Monitoring Requirements for Wastewater Discharges in Section D - 1., 2., 3., and 4.
Discharge
Characteristics
Units
Measurement
Fre uenc 1
Sample
Type
Sample
Location3
Receiving
Waters
pH2
Standard
Semi -Annually
Grab
E
All
Total Suspended Solids2, 4
mg/1
Semi -Annually
Grab
E
All
Turbidit 2
NTU
Semi -Annually
Grab
E
All
Fecal Coliform2, 5
col/ml
I Semi -Annually
I Grab
I E
I SA waters
Total Flow6
MG
I Semi -Annually
I -
I E
I All
Footnotes:
1. The monitoring frequency is semi-annually (see Table 9).
2. Except for mine dewatering of clay pits, a grab sample is not required for these parameters from a
basin/pond designed to contain or treat mine dewatering wastewater that only discharges in
response to rainfall in excess of the 10-yr, 24-hr storm.
3. Sample Location: E - Effluent
4. All facilities that are mining Industrial Sand are required to monitor TSS and are subject to the TSS
limits in Table 8. All other types of mines covered by this permit are also required to monitor TSS, but
are not subject to the TSS limits in Table B.
5. Only facilities discharging to waters classified as SA waters are required to monitor for this parameter.
Part IV Page 10 of 12 Pages
DRAFT Permit No. NCG020000
6. Total Flow volume shall be recorded by a continuous flow measurement instrument. Alternatively, pump
curves and pump logs may be used as a means to calculate flow volume.
Table 8 EFFLUENT LIMITATIONS FOR PROCESS WASTEWATER AND MINE DEWATERING
WASTEWATER
Discharge Characteristics
Effluent Limitations
Monthly Avera el
Daily Maximuml
Total Suspended Solids2
25 mg/1
45 mg/1
Total Suspended Solids2 H
20 mg/1
45 mg/1
Total Suspended Solids2 Trout waters & PNA waters
10 mg/1
45 mg/1
H Ran e3 freshwaters
--------
6.0 - 9.0
H Ran e3 saltwaters
--------
6.8 - 8.5
Turbidi 4
-------- ;''
--------
Total Volume of Wastewater Discharged HQ 5
-------- -
50% of 7Q10 flow5
Footnotes: -�
1. Note that for a semi-annual sampling schedule,xhe sample r ult counts as both the Daily Maximum and
Monthly Average value. More frequent sampl - s may be co ducted to calculate averages but must all be
reported to NC DENR.
2. Applicable to Industrial Sand mining. Monthly Average Limit for discharges to waters designated as
HQW waters is 20 mg/1 and J Omg/1 for trout waters and Primary Nursery Areas (PNAs).
3. Designated swamp waters can have a pH as low as 4.3 due to natural conditions.
4. No limit in the effluent discharge applies, but turbidity in the receiving waters shall not exceed levels
described below as a result of wastewater discharges.
5. The total volume of treated wastewater for all discharges combined shall not exceed 50 percent of the
total in -stream flow of the receiving waters under 7Q10 conditions in HQW waters, including trout and
PNA waters.
The discharge shall not cause the turbidity of the receiving water to exceed Water Quality
Standards:
10 NTU (freshwater streams, lakes, and reservoirs designated as trout waters);
25 NTU (all lakes and reservoirs, and all salt waters);
50 NTU (all other streams and surface waters).
This General Permit requires the measurement of turbidity in the permittee's dischargebut does
not impose a turbidity effluent limit. However, if turbidity of the receiving stream exceeds these
levels due to natural background conditions, the existing turbidity level shall not be increased. If
the turbidity in -stream exceeds these levels as a result of wastewater discharges, this water quality
standard violation subjects the permittee to possible compliance and enforcement action. Also, the
permittee must immediately institute monthly monitoring for all parameters until the Division
relieves the permittee from this more rigorous sampling schedule.
The permittee shall complete the analytical samplings of wastewater discharges in accordance with
the schedule specified in Table 9.
Part IV Pagel 1 of 12 Pages
DRAFT Permit No. NCG020000
Table 9 Monitoring Schedule
Semi -Annual
Monitoring Eventsl,z
Start Date
(All Years)3
End Date
(All Years) 3
1
January 1
June 30
2
July 1
December 31
Footnotes:
1. Maintain semi-annual monitoring during permit renewal process (unless an instream turbidity violation
prompts monthly monitoring). 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 monitoring until the renewed Certificate of Coverage
(COC) is issued.
2. If no discharge occurs during the sampling period, the permittee must record "No Flow" or "No
Discharge" within 30 days of the end of the three-month sampling period in their SPPP. "No Flow" or "No
Discharge" shall be reported on the Discharge Monitoring Report (DMR).
3. Monitoring periods remain constant throughout the five-year term of the General Permit.
Failure to monitor and report per the permit terms may result in the Division requiring
monthly monitoring and reporting for all parameters for a specified time period.
ff,W
SECTION E: BMP CONDITIONS AND RESIDUALS MANAGEMENT
1. BMPs FOR BLASTING AND FLOCCULANTS
The permittee shall utilize best management practices (BMPs) to ensure that contaminants do not
enter the surface waters as a result of blasting at the site. Flocculants evaluated by the Division
may be used if administered in accordance with maximum application doses and any other current
requirements.
2. RESIDUALS MANAGEMENT
The residuals generated from treatment facilities used to meet the effluent limitations must be
disposed of in accordance with applicable standards and in a manner such as to prevent any
pollutants from such materials from entering waters of the state or navigable waters of the United
States.
Part IV Page 12 of 12 Pages
DRAFT Permit No. NCG020000
PART V — STANDARD CONDITIONS FOR NPDES GENERAL PERMITS
1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 6 months of the
effective date of the Certificate of Coverage and updated thereafter on an annual basis. Secondary
containment, as specified in Part III of this General Permit, shall be accomplished within 12 months
of the effective date of the issuance of the Certificate of Coverage.
New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan
shall be developed and implemented prior to the beginning of scharges from the operation of the
industrial activity and be updated thereafter on an annual bx s. Secondary containment, as specified
in Part III of this General Permit shall be accomplished prior to the b inning of discharges from the
operation of the industrial activity.
Existing facilities previously permitted and applying for renewal under this General Permit:
All requirements, conditions, limitations, and controls contained in this permit (except new SPPP
elements in this permit renewal) shall become effective immediately upon issuance of the Certificate
of Coverage. New elements of the Stormwater Pollution Prevention Plan for this permit renewal
shall be developed and implemented within 6 months of the effective date of this General Permit and
updated thereafter on an annual basis. Secondary containment, as specified in Part III of this General
Permit shall be accompli e prior tc ' he beginning of discharges from the operation of the
industrial activity.
2. Du�to Comply
The permittee must comply with conditions of this General Permit. Any permit noncompliance
constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal
application [40 CFR 122.41].
a. The permittee shall comply with standards or prohibitions established under section 307(a) of
the CWA for toxic pollutants within the time provided in the regulations that establish these
standards or prohibitions, even if the General Permit has not yet been modified to incorporate
the requirement [40 CFR 122.41].
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of
the Act, or any permit condition or limitation implementing any such sections in a permit issued
under section 402, or any requirement imposed in a pretreatment program approved under
sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per
day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)].
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308,
318, or 405 of the Act, or any condition or limitation implementing any of such sections in a
permit issued under section 402 of the Act, or any requirement imposed in a pretreatment
program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal
penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or
both. In the case of a second or subsequent conviction for a negligent violation, a person shall be
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)].
Part V Page 1 of 11
DRAFT Permit No. NCG020000
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3
years, or both. In the case of a second or subsequent conviction for a knowing violation, a person
shall be subject to criminal penalties of not more than $100,000 per day of violation, or
imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)].
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 309(c)(3)(B)(iW of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject b 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 Statute 143-215 6A].
g. Any person may be assessed an admi strative penalty by the Administrator for violating section
301, 302, 306, 307, 308, 318 or 405'gf this Act,;or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of this Act.
Administrative penal ' for Class I violations are not to exceed $16,000 per violation, with the
maximum amount of any'Class I penalty assessed not to exceed $37,500. Penalties for Class II
violations are not to exceed $16,000 per day for each day during which the violation continues,
with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g) (2)
and 40 CFR 122.41(a)(3)].
3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
General Permit which has a reasonable likelihood of adversely affecting human health or the
environment [40 CFR 122.41(d)].
4. Civil and Criminal Liability
Except as provided in Part V, Section C of this General Permit regarding bypassing of stormwater
control facilities, nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or
Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may
be temporarily suspended.
5. Oil and Hazardous Substance Liability
Nothing in this General Permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or
may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
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)].
Part V Page 2 of 11
DRAFT Permit No. NCG020000
7. Severability
The provisions of this General Permit are severable, and if any provision of this General Permit, or
the application of any provision of this General Permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this General Permit, shall
not be affected thereby [NCGS 150B-23].
8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating the General Permit issued pursuant to this General
Permit or to determine compliance with this General Permit. The permittee shall also furnish to the
Permit Issuing Authority upon request, copies of records required to be kept by this General Permit
[40 CFR 122.41(h)].
9. Penalties for Tampering ,
The Clean Water Act provides that any person who falsifies, tampers ,7ith, 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 vi la 'on, by,"Imprisonment of not more than 4 years, or
both [40 CFR 122.411.
10. Penalties for Falsification of Reports
The Clean Water Act pro�des 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 Gen0al Permit, including monitoring reports or reports of compliance or
noncompliance shall, upon convictio,� 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 so directed by the Division. If the Division chooses not to renew this General Permit,
the permittee will be notified to submit an application for an individual permit [15A NCAC 02H
.0127(e)].
SECTION B: GENERAL CONDITIONS
1. General Permit Expiration
General permits will be effective for a term not to exceed five years, at the end of which the Division
may renew them after all public notice requirements have been satisfied. If a general permit is
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 (NOI) to be covered and obtain a Certificate of Coverage under the renewed
general permit [15A NCAC 02H .0127(e)].
Part V Page 3 of 11
DRAFT Permit No. NCG020000
2. Transfers
This General Permit is not transferable to any person without prior written notice to and approval
from the Director in accordance with 40 CFR 122.61. The Director may condition approval in
accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require
modification or revocation and reissuance of the Certificate of Coverage, or a minor modification, to
identify the new permittee and incorporate such other requirements as may be necessary under the
CWA [40 CFR 122.41(1)(3), 122.61] or state statute. The Permittee is required to notify the
Division in writing in the event the permitted facility is sold or closed.
3. When an Individual Permit May be Required
The Director may require any owner/operator authorized to discharge under a certificate of
coverage issued pursuant to this General Permit to apply for and obtain an individual permit or an
alternative general permit. Any interested person may petition the Director to take action under this
paragraph. Cases where an individual permit maybe required' clude, 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 determi� 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 lapplicability of this General Permit is automatically terminated on the effective
date of the individual,permit.
5. Signatory Requirements
All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed
and certified [40 CFR 122.41(k)].
a. All Notices of Intent to be covered under this General Permit shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the manager
of one or more manufacturing, production, or operating facilities, provided, the manager is
authorized to make management decisions which govern the operation of the regulated
facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to assure
long term environmental compliance with environmental laws and regulations; the manager
can ensure that the necessary systems are established or actions taken to gather complete
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
Part V Page 4 of 11
DRAFT Permit No. NCG020000
(3) For a municipality, State, Federal, or other public agency: by either a principal executive
officer or ranking elected official [40 CFR 122.22].
b. All reports required by the General Permit and other information requested by the Permit
Issuing Authority shall be signed by a person described in paragraph a. above or by a duly
authorized representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant manager,
operator of a well or well field, superintendent, a position of equivalent responsibility, or an
individual or position having overall responsibility for environmental matters for the company.
(A duly authorized representative may thus be either a named individual or any individual
occupying a named position.); and
(3) The written authorization is submitted to the Pe i suing Authority [40 CFR 122.22].
;7
c. Changes to authorization: If an authorizatio nd par raph (li) 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 represent ive [40 CF'_R,122.22]
d. Certification. Any person signing a.document tinder paragraphs a. or b. of this section, or
submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR
122.221. 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 syst m, or those persons directly responsible forgathering the
information, the jinformati submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations. "
e. Electronic Reports. The Permit Issuing Authority may require the permittee to begin reporting
monitoring data electronically during the term of this permit. The permittee may be required to
use North Carolina's Electronic Discharge Monitoring Report (eDMR) internet application for
that purpose. For eDMR submissions, the person signing and submitting the eDMR must obtain
an eDMR user account and login credentials to access the eDMR system.
All electronic reports (e.g., eDMRs) submitted to the Permit Issuing Authority shall be signed by a
person described in paragraph a. above or by a duly authorized representative of that person as
described in paragraph b. A person, and not a position, must be delegated signatory authority
for eDMR or other electronic reporting purposes.
6. General Permit Modification. Revocation and Reissuance. or Termination
The issuance of this General Permit does not prohibit the Permit Issuing Authority from reopening
and modifying the General Permit, revoking and reissuing the General Permit, or terminating the
General Permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal
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
Part V Page 5 of 11
DRAFT Permit No. NCG020000
does not stay any General Permit condition. The Certificate of Coverage shall expire when the
General Permit is terminated.
7. Certificate of Coverage Actions
Coverage under the General Permit may be modified, revoked and reissued, or terminated for cause.
The notification of planned changes or anticipated noncompliance does not stay any General Permit
condition [40 CFR 122.41(f)].
8. Annual Administerine and Compliance Monitorine Fee Reauirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A
NCAC 2H .0105(b)(2) may cause this Division to initiate action to revoke coverage under the General
Permit.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION ROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit. Proper operation and maintenance also includes
adequate laboratory controls and appropriate quality4surance 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't6 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 permitte in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the condition of this
General Permit [40 CFR 122.41(c)].
3.
Bypass is prohibited, and the Permit Issuing Authority may take enforcement action against a
permittee for bypass unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater, or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance; and
c. The permittee submitted notices as required under Part V, Section E of this General Permit.
If the Permit Issuing Authority determines that it will meet the three conditions listed above, the
Permit Issuing Authority may approve an anticipated bypass after considering its adverse effects.
4. Bypassing of Wastewater Treatment Facilities at Mine Sites Covered by NCG020000
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure efficient operation. These
bypasses are not subject to the provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41(m)(3)]
Part V Page 6 of 11
DRAFT Permit No. NCG020000
(1) 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 effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as
required in Part V, Section E of this General Permit.
c. Prohibition of Bypass
(1) Bypass from the wastewater treatment facility is prohibited, and the Permit Issuing
Authority 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;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes or maintenance during normal periods of
equipment downtime. This condition is not satisfied if adequate backup equipment
should have been installed in the exercise of reasonable engineering judgment to
prevent a bypass which occurred du 'ng n'rm eriod of equipment downtime or
preventive maintenance; and
(C) The Permittee submitted notices a regdired under Paragraph b. of this section.
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering its
adverse effects, if the Permit Issuing Authority determines that it will meet the three
conditions listed above in Paragraph c. (1) of this section.
SECTION D: MONITORING AND ICORD404
Representative Sampling
Samples collected and measu es en, as required herein, shall be characteristic of the volume
and nature of the permitted discharg�. Analytical sampling shall be performed during a measureable
storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All
samples shall be taken before the discharge joins or is diluted by any other waste stream, body of
water, or substance. Monitoring points as specified in this General Permit shall not be changed
without notification to and approval of the Permit Issuing Authority [40 CFR 122.41(j)].
2. Recording Results
For each measurement or sample taken pursuant to the requirements of this General Permit, the
permittee shall record the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
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
Part V Page 7 of 11
DRAFT Permit No. NCG020000
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 the General Permit
discharge requirements, then the most sensitive (method with the lowest possible detection and
reporting level) approved method must be used.
5. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that
are required to be sampled, the permittee may petition the Director for representative outfall status.
If it is established that the stormwater discharge4are ubstand lly identical and the permittee is
granted representative outfall status, then analytrequirements may be performed at a
reduced number of outfalls.
6. Records Retention
Visual monitoring shall be documented and reco'ntained at the facility along with the
Stormwater Pollution Prevention Plan (SPPP). Copies of analytical monitoring results shall also be
maintained on -site or be available electronically to a DEMLR inspector upon request. 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 repo 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 completk the Notice of Intent to be covered by this General Permit.
These records or copi shall be tained for a period of at least 5 years from the date of the
sample, measureme , eport or otice of Intent application. This period may be extended by
request of the Direc r at any ' e [40 CFR 122.41].
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)].
Part V Page 8 of 11
DRAFT Permit No. NCG020000
SECTION E: REPORTING REQUIREMENTS
1. Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this General Permit shall be submitted to the
Division on Discharge Monitoring Report (DMR) forms provided by the Director or submitted
electronically to the appropriate authority using an approved electronic DMR reporting system (e.g.,
eDMR). DMR forms are available on the Division's website(httl2://12ortal.ncdenr.org/web/Ir/npdes-
stormwater). Regardless of the submission method (paper or electronic), submittals shall be
delivered to the Division, or appropriate authority, no later than 30 days from the date the facility
receives the sampling results from the laboratory.
When no discharge has occurred from the facility during the report period, the permittee is required
to submit a discharge monitoring report, within 30 days of the end of the specified sampling period,
giving all required information and indicating "NO FLOW" as p* NCAC T15A 02B .0506.
If the permittee monitors any pollutant more freq"eei tli-tharr required by this General Permit using
test procedures approved under 40 CFR Part 136 and at a sampling location specified in this General
Permit or other appropriate instrument governing the discharge, the results of such monitoring shall
be included in the data submitted on the DMR. ymmiL
The permittee shall record the required qualitative mo ring observations on the SDO Qualitative
Monitoring Report form provided by the Division and shall retain the completed forms on site.
Qualitative monitoring results should not be submitted to the Division, except upon DEMLR's specific
requirement to do so. Qualitative Monitoring Report forms are available at the website above.
2. Submitting Reports
Two signed copies of Discha ge Monitoring Reports (DMRs) shall be submitted to:
\/ Central Files
ivision of Water Resources
1617 Mail Service Center
;h, North Carolina 27699-1617
Visual (Qualitative) monitoring results should not be submitted to the Division unless specifically
requested.
Blank DMR forms, Annual Summary DMR forms, and visual monitoring forms are available at the
website of the Division's Stormwater Permitting Program:
http://portal.ncdenr.org/web/lr/npdes-stormwater
The Permit Issuing Authority may require the permittee to begin reporting monitoring data
electronically during the term of this permit. The permittee may be required to use North Carolina's
eDMR internet application for that purpose. Until such time that the state's eDMR application is
compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be
required to submit all discharge monitoring data to the state electronically using eDMR and will be
required to complete the eDMR submission by printing, signing, and submitting one signed original
and a copy of the computer printed eDMR to the address above.
3. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for
public inspection at the offices of the Division. As required by the Act, analytical data shall not be
considered confidential. Knowingly making any false statement on any such report may result in the
Part V Page 9 of 11
DRAFT Permit No. NCG020000
imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal
Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this General Permit coincides with a non-
stormwater discharge, the permittee shall separately monitor all parameters as required under all
other applicable discharge permits and provide this information with the stormwater discharge
monitoring report.
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which could significantly alter the nature or quantity of pollutants discharged [40
CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in
the General Permit or subject to notification requirements 40 CFR Part 122.42 (a).
6. Anticipated Noncompliance 7
The permittee shall give advance notice to the Director of any planned changes at the permitted
facility which may result in noncompliance with the General Permit [40 CFR 122.41(1)(2)].
7. Snills . 10�*
The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as
defined in Part VI 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 occurri g within 100 feet of surface waters, and any oil
spill less than 25 gallons cannot be cleaned up within 24 hours.
8. Bypass
Notice [40 CFR 122.41(m7(3)]:
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated duality and effect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of
an unanticipated bypass.
9. Twenty-four Hour Renortin
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the circumstances.
A written submission shall also be provided within 5 days of the time the permittee becomes
aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the
period of noncompliance, including exact dates and times, and if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR
122.41(1) (6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section
if the oral report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300.
Part V Page 10 of 11
DRAFT Permit No. NCG020000
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at
the time monitoring reports are submitted [40 CFR 122.41(1)(7)].
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 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 11 of 11
DRAFT Permit No. NCG020000
PART VI DEFINITIONS
1. 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 visual assessment during the next qualifying
storm event. Documentation of an adverse event (with date, time and written narrative) and the
rationale must be included with your SPPP records. Adverse weather does not exempt the permittee
from having to file a monitoring report in accordance with the sampling schedule. Adverse events
and failures to monitor must also be explained and reported on the relevant DMR.
3. Allowable Non-Stormwater Discharges--�
This General Permit regulates stormwater discharges. Non-stormwater discharges which shall be
allowed in the stormwater conveyance system include:
a. All other discharges that are authorized by a non-stormwater NPDES permit.
b. Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
flushings, water from footing dra ns, irrigation;waters, flows from riparian habitats and
wetlands.
C. Discharges resulting from firs fighting or fire fighting training, or emergency shower or eye
wash as a result of use '�thhev,t o anemergency.
4. Best Mana ement Practices
Measures or practices used to reWe 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:
5. Bypass
A bypass is the known diversion of stormwater from any portion of a control facility including the
collection system, or the diversion of waste streams from any portion of a treatment facility including
the collection system, which is not a designed or established operating mode for the facility.
6. Bulk Storage of Liquid Materials
Liquid raw materials, in -process liquids and reactants, manufactured products, waste materials or
by-products contained in a single above ground container, tank, or vessel having a capacity of greater
than 660 gallons or contained in multiple above ground containers, tanks, or vessels located in close
proximity to each other having a total combined capacity of greater than 1,320 gallons.
7. Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies a general permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage
under the general permit and is signed by the Director.
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
DRAFT Permit No. NCG020000
9.
10
11
12
13
Division or DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environment and Natural
Resources.
Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority.
EMC
The North Carolina Environmental Management Commission.
Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively
or qualitatively) should be taken within the first 30 minutes of discharge.
Hazardous Substance
Any substance designated under 40 CFR Part 116
14. Landfill
A disposal facility or part of a disposal facility
land treatment facility, a surface impoundmei
storage facility or a surface storage facility./
11 of the Clean Water Act.
is placed in or on land and which is not a
� well, a hazardous waste long-term
15. Measureable Storm Event
A storm event that results in an actua isc arge f om the permitted site outfall. The previous
measurable storm event Imust have been at least 48 hours prior (applies specifically to this
NCG020000 General Permit). The 48-hour storm interval may not apply if the permittee is able to
document that a shorter interval is representative for local storm events during the sampling period,
and obtains approval from the local DEMLR Regional Office. Two copies of this information and a
written request letter shall be sent to the local DEMLR Regional Office. After authorization by the
DEMLR Regional Offi e, a writtapproval 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).
20. Permittee
The owner or operator issued a Certificate of Coverage pursuant to this General Permit.
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DRAFT Permit No. NCG020000
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 (ROS) 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: 40/,
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 levelAata. ct to SARA title III, Section 313 reporting
requirements; andd. Meets at least one of the following cri
i. Is listed in appendix D of 40,GFR Part 122 on Table II (organic priority pollutants), Table
III (certain metals, cyanid�s�'and phenols) or Table IV (certain toxic pollutants and
hazardous subjstfances)/\
ii. Is listed as a hazardous s bu stance pursuant to section 311(b) (2) (A) of the CWA at 40 CFR
116.4; or
iii. Is a pollutant which EPA has published acute or chronic water quality criteria.
25. Severe Property Damage
Substantial physical damage t 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 in excess of 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).
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.
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DRAFT Permit No. NCG020000
29. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of 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 fSPPP
A comprehensive site -specific plan which details measures and practices to reduce stormwater
pollution and is based on an evaluation of the pollution ;otenti 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 athtW:liportal.ncdenr.org/weblwqlps/mtultmdl.
33. Toxic Pollutant
Any pollutant listed as toxic under Sectio 07(a) (1) of e Clean Water Act.
34. Vehicle Maintenance Activity
Vehicle rehabilitation, m nic re irs;,painting, fueling, lubrication, vehicle cleaning operations,
or airport deicing operat
35. Visible Sedimentation
Solid particulate matty , both miner 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.
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.
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