NCG190000_DRAFT General Permit to Notice_20200715

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF
ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCG190000-DRAFT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission and the Federal Water Pollution Control Act, as amended, this permit is
hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as
evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to
allow the discharge of stormwater to the surface waters of North Carolina or to a separate
storm sewer system conveying discharges to surface waters, from active and inactive marinas, in
accordance with the terms and conditions set forth herein.
Coverage under this General Permit is applicable to:
♦ Stormwater point source discharges associated with establishments primarily engaged
in operating Marinas [standard industrial classification (SIC) 44931 including activities
such as renting boat slips, storing boats, and generally performing other services
including cleaning and incidental boat repair; Ship and Boat Building and Repairing
[SIC 3731; and vehicle maintenance areas at these establishments;
♦ Stormwater point source discharges from like industrial activities deemed by The
Division of Energy, Mineral, and Land Resources (the Division) 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:
♦ Discharges at the facility containing waste streams including, but not limited to the following:
1. bilge and ballast water
2. cooling water
3. sanitary wastes
4. power and hand washing
S. blasting
6. sanding
7. fish cleaning stations
♦ Non-stormwater discharges not specifically addressed in this permit.
The General Permit shall become effective on October 1, 2020.
The General Permit shall expire at midnight on May 31, 2025.
Signed this 30th day of September 2020.
Original signed by Brian Wrenn
Brian Wrenn, Director
Division of Energy, Mineral, and Land Resources
By the Authority of the Environmental Management Commission

Permit No. NCG190000
TABLE OF CONTENTS
PART A NCG19 PERMIT COVERAGE
PART B STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
B-1.
Responsible Party
B-2.
General Location Map
B-3.
Site Map
B-4.
Narrative Description of Industrial Process
B-5.
Feasibility Study
B-6.
Evaluation of Stormwater Outfalls
B-7.
Stormwater BMP Summary
B-8.
BMP Inspections
B-9.
Secondary Containment Plan
B-10.
Spill Prevention and Response Procedures
B-11.
Solvent Management Plan
B-12.
Preventative Maintenance and Good Housekeeping
B-13.
Employee Training
B-14.
Representative Outfall Status
B-15.
Devices Exempt from Analytical Monitoring
B-16.
Annual SWPPP Review and Update
B-17.
Annual On-line SWPPP Certification (Forthcoming)
B-18.
Notice to Modify the SWPPP
B-19.
SWPPP Retention
PART C OPERATIONAL REQUIREMENTS
C-1.
Operation and Maintenance of Treatment and Control Systems
C-2.
SCM Clean -Out
C-3.
Residuals Management
C-4.
Corrective Actions
C-5.
Draw Down of Treatment Facilities for Essential Maintenance
C-6.
Bypasses of Stormwater Treatment Facilities
C-7.
Upsets
C-8.
Required Notices for Bypasses and Upsets
PART D QUALITATIVE MONITORING OF STORMWATER DISCHARGES
D-1. Visual Inspections
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Permit No. NCG190000
D-2.
Qualitative Monitoring Response
PART E ANALYTICAL MONITORING OF STORMWATER DISCHARGES
E-1.
Required Baseline Monitoring
E-2.
Baseline Sampling Benchmarks
E-3.
Methodology for Collecting Samples
E-4.
Locations for Collecting Samples
E-5.
Tier I Response: Single Benchmark Exceedance
E-6.
Tier II Response: Two Consecutive Benchmark Exceedances
E-7.
Tier III Response: Four Benchmark Exceedances Within Five Years
PART F SUBMITTAL
OF DISCHARGE MONITORING REPORTS (DMRs)
F-1.
Deadlines for Submittal
F-2.
Discharge Monitoring Report (DMR) Forms
F-3.
Results Below Detection Limits
F-4.
DMR Signature/Certification
F-5
Occurrences of No Discharge
F-6.
Reports Required if More Frequent Monitoring Has Occurred
F-7.
Report Required if Begin Discharging to a Water Not Listed in COC
F-8.
Submittal Process before Electronic Discharge Monitoring Reporting (eDMR)
F-9.
Submittal Process after Electronic Discharge Monitoring Reporting (eDMR)
F-10.
Qualitative Monitoring Reports
F-11.
Monitoring Report Retention
PART G OTHER OCCURANCES THAT MUST BE REPORTED
PART H PERMIT ADMINISTRATION
H-1. Signatory Requirements
H-2. General Permit Expiration
H-3. Planned Changes
H-4. Transfers
H-5. When an Individual Permit May be Required
H-6. When an Individual Permit May be Requested
H-7. General Permit Modification, Revocation and Reissuance, or Termination
H-8. Certificate of Coverage Actions
H-9. Requirement to Report Incorrect Information
H-10. Waivers from Electronic Reporting
H-11. Annual Administering and Compliance Monitoring Fee Requirements
H-12. Flow Measurements

Permit No. NCG190000
H-13. Test Procedures
H-14. Availability of Reports
PART I COMPLIANCE AND LIABILITY
I-1.
Compliance Schedule
I-2.
Duty to Comply
I-3.
Duty to Mitigate
I-4.
Civil and Criminal Liability
I-5.
Oil and Hazardous Substance Liability
I-6.
Property Rights
I-7.
Severability
I-8.
Duty to Provide Information
I-9.
Penalties for Tampering
I-10.
Penalties for Falsification of Reports
I-11.
Onshore or Offshore Construction
I-12.
Duty to Reapply
I-13.
Inspection and Entry
I-14.
Need to Halt or Reduce not a Defense
PART J DEFINITIONS
U

Permit No. NCG190000
PART A: NCGO19 PERMIT COVERAGE
All persons desiring to have facilities covered by this General Permit must register with the
Division of Energy, Mineral, and Land Resources (the Division) by filing a Notice of Intent
(NOI) and paying the applicable fees. The NOI shall be submitted and a Certificate of
Coverage (COC) issued prior to any discharge of stormwater associated with industrial
activity that has a point source discharge to the surface waters of the state or to a separate
storm sewer system conveying discharges to surface waters.
This General Permit is applicable to establishments primarily engaged in: operating marinas
including activities such as renting boat slips, storing boats, and generally performing other
services including cleaning and incidental boat repair; and ship and boat building and
repairing. This permit also includes stormwater runoff from vehicle maintenance areas.
Marinas where vehicle maintenance, equipment cleaning, fueling, painting, or
maintenance/repair are not conducted are not subject to this permit.
Any owner or operator not wishing to be covered or limited by this General Permit may
make application for an individual NPDES permit in accordance with NPDES procedures in
15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an
individual permit shall be made at least 180 days prior to commencement of discharge.
This General Permit does not cover activities or discharges covered by an individual NPDES
permit until the individual permit has expired or has been revoked. Any person conducting
an activity covered by an individual permit but which could be covered by this General
Permit may request that the individual permit be revoked and coverage under this General
Permit be provided.
If industrial materials and activities are not exposed to precipitation or runoff as described
in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES
stormwater discharge permit requirements. Any owner or operator wishing to obtain a No
Exposure Exclusion from permitting must submit a No Exposure Certification NOI form to
the Division; must receive approval from the Division; must maintain no exposure
conditions unless authorized to discharge under a valid NPDES stormwater permit; and
must recertify the No Exposure Exclusion annually.
Any facility may apply for new or continued coverage under this permit until a Total
Maximum Daily Load (TMDL) for pollutants for stormwater discharges is established. A
TMDL sets one or more pollutant -loading limit(s) that affect(s) a watershed, or portion of a
watershed, draining to an impaired water. To not be subject to the TMDL, each facility with
one or more discharges to watersheds affected by a TMDL must demonstrate it does not
have reasonable potential to violate applicable water quality standards for those pollutants
identified in the TMDL 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. After
that individual permit becomes effective, the facility will no longer have coverage under this
General Permit. Note the permiee must identify impaired waters in the General Location
Map, as outlined in the Stormwater Pollution Prevention Plan (SWPPP), Part B of this
permit. A list of approved TMDLs for the state of North Carolina can be found at
https://deq,.nc.gov/about/divisions/water-resources/planning/modeliug--
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Permit No. NCG190000
assessment/tmdls.
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater 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 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 marina or other activities (covered by this permit) expand or change after issuance of the
COC such that the types of discharges are affected, the permittee must first contact the
Division to determine if modifications to the COC are necessary.
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.
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Permit No. NCG190000
PART B: STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
The permittee shall develop a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP
shall be maintained on site unless exempted from this requirement by the Division. The
permittee shall implement the SWPPP and all Best Management Practices (BMPs)
consistent with the provisions of this permit, to control contaminants entering surface
waters.
These items shall exist for the duration of the permit term and made available to the
Director upon request and also shall be sent to the Regional Office upon request. The
SWPPP shall be considered public information in accordance with H-15 of this General
Permit.
The SWPPP shall include, at a minimum, the following items:
B-1. Responsible Party
The SWPPP shall identify specific position(s) responsible for the overall coordination,
development, implementation, and revision of the SWPPP. Responsibilities for all
components of the SWPPP shall be documented and position assignments provided.
B-2. General Location Map
The General Location Map shall be a USGS quadrangle map or appropriately drafted
equivalent map that includes:
(a) The facility's location in relation to transportation routes and surface waters;
(b) The name of the receiving waters to which the Stormwater outfalls discharge, or if the
discharge is to a municipal separate storm sewer system, the name of the municipality
and the ultimate receiving waters;
(c) Any impaired receiving waters, if the site is in a watershed for which a TMDL has been
established, and a list of the parameter(s) of concern.
B-3. Site Map
The Site Map shall include the following at a scale sufficient to clearly depict all required
features. At a minimum, the map shall include:
(a) Site property/permit boundary;
(b) Site topography;
(c) Buildings, roads, parking areas and other built -upon areas;
(d) Industrial activity areas (including: fueling, vehicle maintenance and repair, vessel
maintenance and repair, washing, painting, sanding, blasting, welding of materials or
equipment, metal fabrication, storage of materials, disposal areas, process areas, loading
and unloading areas, and haul roads);
(e) Stormwater discharge outfalls and a table of latitudes and longitudes;
(f) Delineated drainage area for each outfall and a table of impervious percentage for each
drainage area;
(g) Stormwater Control Measures (SCMs);
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Permit No. NCG190000
(h) All stormwater collection/drainage features, structures and direction of flow;
(i) On -site and adjacent surface waters and wetlands; and
(j) A graphic scale and north arrow.
B-4. Narrative Description of Industrial Processes
The narrative description shall include:
(a) Storage practices;
(b) Loading and unloading activities;
(c) Outdoor process areas;
(d) Dust or particulate generating and control processes;
(e) Waste disposal practices; and
(f) A list of the potential pollutants that could be expected to be present in the stormwater
discharge from each outfall.
B-5. Feasibility Study
A review of the technical and economic feasibility of changing the methods of operations
and/or storage practices to eliminate or reduce exposure of materials and processes to
rainfall and runoff flows. Wherever practical, the permittee shall prevent exposure of all
storage areas, material handling operations, and manufacturing or fueling operations. In
areas where elimination of exposure is not practical, the review shall document the
feasibility of diverting the stormwater runoff away from areas of potential contamination.
B-6. Evaluation of Stormwater Outfalls
On an annual basis, the permittee shall evaluate all stormwater outfalls 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 and certification statement.
The certification statement and summary written record shall be retained with the SWPPP,
and shall be dated and signed in accordance with the requirements found in H-1.
B-7. Stormwater BMP Summary
The installation and implementation of BMPs shall be based on the assessment of the
potential for sources to contribute significant quantities of pollutants to stormwater
discharges and on data collected through monitoring of stormwater discharges. BMP
Summary shall be reviewed and updated annually.
The BMP Summary shall include:
(a) Written record of the specific rational for installation and implementation of the
selected site BMPs.
(b) Structural and nonstructural practices to minimize the exposure and transport of
materials in stormwater.
(c) BMPs for ship and boat building and repairing areas
(d) BMPs for vehicle maintenance activities.
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Permit No. NCG190000
B-8. BMP Inspections
BMPs shall be inspected by or under the direction of the permittee at least once every seven
(7) calendar days. All inspections shall be documented and shall include:
(a) A signed, written record of the inspection results, dates and any repairs/revisions
made for each BMP.
(b) Documentation of visible off -site sedimentation including an explanation of
measures taken to remove the sediment that has left the site and to prevent future
releases.
B-9. Secondary Containment Plan
In order to prevent leaks and spills from contaminating stormwater runoff, secondary
containment is required for: bulk storage of liquid materials including petroleum products;
storage in any amount of water priority chemicals listed in Section 313 of Title III of the
Superfund Amendments and Reauthorization Act (SARA); and storage of hazardous
substances in any amount.
For facilities subject to the federal Spill Prevention, Control, and Countermeasure (SPCC)
regulation, the SPCC Plan may be used to support compliance with this requirement.
The Secondary Containment Plan shall include:
(a) A table or summary of tanks and stored materials equipped with secondary containment
systems;
(b) Manually activated valves or other similar devices that are securely closed with a locking
mechanism if the secondary containment devices are connected to stormwater
conveyance system;
(c) A commitment to visually observe any accumulated stormwater prior to release for color,
foam, outfall staining, visible sheens, and dry weather flow; and
(d) Records on every release from a secondary containment system that include: the
individual making the observation, a description of the accumulated stormwater, and the
date and time of the release. These records shall be kept for a period of five (5) years.
B-10. Spill Prevention and Response Procedures
A responsible person shall be on -site at all times during facility operations that have
potential to contaminate stormwater runoff through spills or exposure of materials
associated with the facility operations. For facilities subject to the federal SPCC regulation,
the SPCC Plan may be used to support compliance with this requirement.
The Spill Prevention and Response Procedures (SPRP) shall include:
(a) An assessment of areas of the facility where there is the potential for spills;
(b) A list of trained facility personnel responsible for implementing the SPRP;
(c) A signed and dated acknowledgement in which staff members accept responsibilities for
the SPRP;
(d) An inventory of spill response materials and equipment and the locations for storing
these items;
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Permit No. NCG190000
(e) Written procedures for proper cleanup and disposal of spilled materials; and
(f) 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 or the notation
that no spills have occurred. This list shall be updated on annual basis.
B-11. Solvent Management Plan
The Solvent Management Plan shall be incorporated as a separate chapter into the
Stormwater Pollution Prevention Plan (SWPPP).
The Solvent Management Plan (SMP) shall include:
(a) an annually updated and quantified inventory of solvents present on site during the
previous three years;
(b) a narrative description of the facility locations and uses of solvents;
(c) the method of disposal, including quantities disposed on -site and off -site; and
(d) the management procedures and engineering measures for assuring that solvents
do not spill or leak into stormwater.
If solvents are not stored or used onsite, the owner must certify that in the SWPPP. DEMLR
may at is discretion require submittal, review, and approval of the SMP. The permittee shall
include the following signed certification statement on each discharge monitoring report:
"Based upon my inquiry of the person or persons directly responsible for managing
compliance with the permit requirement for managing solvents, I certify that to best of my
knowledge and belief, no leak, spill, or dumping of concentrated solvents into the
stormwater or onto areas which are exposed to rainfall or stormwater runoff has occurred
since filing the last discharge monitoring report. I further certify that this facility is
implementing all provisions of the Solvent Management Plan included in the Stormwater
Pollution Prevention Plan."
B-12. Preventative Maintenance and Good Housekeeping Program
A preventative maintenance and good housekeeping program (PMGHP) shall be developed
and implemented.
The PMGHP shall include:
(a) A schedule of inspections, maintenance, and housekeeping measures for industrial
activity areas including, at a minimum, all material storage and handling areas, disposal
areas, process areas, loading and unloading areas, haul roads, and vehicle maintenance
areas. Inspections shall occur at a minimum on a semi-annual schedule, once during the
first half of the year (January to June) and once during the second half (July to December);
(b) A plan for disposing spent lubricants and fuels properly and in accordance with applicable
federal disposal regulations;
(c) A record of inspections, maintenance, and housekeeping activities.
B-13. Employee Training
Employee training shall be developed and provided on an annual basis for facility personnel
responsible for operations that have the potential to contaminate stormwater runoff. The
training shall be documented by the date, signature, and printed or typed name of each
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Permit No. NCG190000
employee trained.
The annual employee training shall include, at a minimum, the following topics:
(a) General stormwater awareness;
(b) Spill response training;
(c) Used oil management;
(d) Spent solvent management;
(e) Secondary containment releases;
(0 Fueling procedure;
(g) Disposal of spent abrasives;
(h) Disposal of vessel wastewaters;
(i) Sanding, painting, and blasting procedures, and
(j) Used battery management.
B-14. Representative Outfall Status
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 (ROS). If it is established that the stormwater discharges are
substantially identical and the permittee is granted representative outfall status, then
analytical sampling requirements may be performed at a reduced number of outfalls.
If the Division has granted ROS, documentation from the Division shall be part of the
SWPPP. The permittee shall notify the Division of any site or activity modifications that
result in a change to ROS.
B-15. Devices Exempt from Analytical Monitoring
As -built plans, Engineer's Certification, design calculations, and approved construction
drawings shall be included in the SWPPP for any device that will be exempted from
analytical monitoring requirements under this permit. Per E-4(c) of this permit, only
basins or ponds designed to contain the 25-year, 24- hour storm 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, may be exempted from analytical monitoring
requirements.
B-16. Annual SWPPP Review and Update
All aspects of the SWPPP shall be reviewed and updated on an annual basis. The permittee
shall amend the SWPPP 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.
In addition, the SWPPP update shall include a review and comparison of sample analytical
data to benchmark values (if applicable) over the past year, including a discussion about
Tiered Response status. The permittee shall use the Division's Annual Summary Data
Monitoring Report (DMR) form, available from the Stormwater Permitting Program's
website (https:IIdeq.nc.govlab out / divisions /energy -mineral -land- resources /npdes
-
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Permit No. NCG190000
stormwater-gns).
B-17. Annual On -Line SWPPP Certification (Forthcoming)
After the Division's ePermitting system develops the capability to receive this information, the
permittee shall submit an on-line certification that the annual SWPPP review and update has
been completed in a manner that meets the conditions of this permit.
B-18. Notice to Modify the SWPPP
The Director may notify the permittee when the SWPPP 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 SWPPP to meet minimum
requirements. Upon completion of the modifications, the permittee shall provide
certification in writing in accordance with H-7 of this permit to the Director that the
changes have been made.
B-19. SWPPP Documentation
Copies of the SWPPP shall be maintained on -site and be available electronically to the
Division upon request. These records or copies shall be maintained for a period of at least
five years. This period may be extended by request of the Director at any time [40 CFR
122.41].
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Permit No. NCG190000
PART C: OPERATIONAL REQUIREMENTS
Permitted marina (and related) operations shall be subject to the following operational
requirements.
C-1. Operation and Maintenance of Treatment and Control Systems
The permittee shall at all times:
(a) 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.
(b) Implement laboratory controls and quality assurance procedures for onsite
laboratories and/or on -site testing.
(c) Operate back-up or auxiliary facilities or similar systems which are installed by a
permittee only when the operation is necessary to achieve compliance with the
conditions of this permit [40 CFR 122.41(e)].
C-2. SCM Clean -Out
SCMs must be cleaned out when sediment storage capacity equals or exceeds 50 percent of
the design sediment volume or if visible sedimentation is leaving the property.
C-3. Residuals Management
The residuals generated from treatment facilities 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.
C-4. Corrective Actions
The permittee shall take corrective actions if self -inspections required by this permit
identify a need for corrective actions, a facility fails to perform satisfactorily, or a facility
creates nuisance conditions.
Corrective actions shall include, but not be limited to: maintenance, modifications, or
additions to existing control measures, the construction of additional or replacement
treatment or disposal facilities, or implementation of new BMPs. Corrective actions shall be
completed as soon as possible considering adverse weather and site conditions
C-5. Draw Down of Treatment Facilities for Essential Maintenance
The permittee may draw down stormwater treatment facilities if these conditions are met:
(a) Treatment facilities shall be drawn down in manner to ensure benchmarks and/or
limits are met;
(b) Analytical sampling data of the water stored in the treatment facility demonstrates
that the discharge will not exceed benchmarks in this permit. The sampling data
shall be collected no more than 14 calendar days prior to the draw down; and
(c) The drawdown is for essential maintenance to assure efficient operation.
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Permit No. NCG190000
C-6. Bypasses of Stormwater Treatment Facilities
Bypass is prohibited, and the Division may take enforcement action against a permittee for
bypass unless the permittee provides engineering evidence that all three of the following
conditions are met:
(a) The 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
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 and identified the reason(s) for the bypass as
required under C-8 below.
C-7. Upsets
Diversions of stormwater from treatment facilities may be considered as an upset if the
permittee can demonstrate to the Director that all of the following conditions have been
met. In any enforcement proceeding, the permittee seeking to establish the occurrence of
an upset has the burden of proof.
(a) The permittee demonstrates that the upset was not caused by operational error,
improperly designed treatment or control facilities, lack of preventive maintenance, or
careless or improper operation.
(b) The permittee agrees to take remedial measures if necessary.
(c) The permittee submitted notice of the upset and identified the cause(s) of the upset as
required under Item C-8 below.
C-8. Required Notice for Bypass or Upset
After a permittee becomes aware of an occurrence that must be reported, the permittee
shall contact the appropriate Division regional office within the timeframes and in
accordance with the requirements listed in Table 1 below. Occurrences outside normal
business hours may also be reported to the Department's Environmental Emergency
Hotline at [phone].
Table 1: Bypass and Upset Reporting Requirements
Event
[40 CFR 122.41(m)(3)]
Reporting Requirements
Anticipated Bypass
Written report at least ten days prior to the anticipated
bypass. The written report shall include an evaluation of the
anticipated quantity, quality, and effect of the bypass.
Unanticipated Bypass or Upset
Oral or electronic notification within 24 hours of the event,
and
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Permit No. NCG190000
Written report within 7 calendar days of the event. The written
report shall include an evaluation of the quantity, quality, and
effect of the bypass.
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Permit No. NCG190000
PART D: QUALITATIVE MONITORING OF STORMWATER DISCHARGES
The purpose of qualitative monitoring is to implement a quick and inexpensive way to
evaluate the effectiveness of the permittee's SWPPP, to identify the potential for new
sources of stormwater pollution, and to prompt the permittee's response to pollution.
D-1. Visual Inspections
(a) Visual inspections shall be made at each stormwater discharge outfall (SDO) that
discharges stormwater associated with industrial activity unless representative
outfall status specifically for visual monitoring has been approved in writing by the
Division.
(b) Visual inspections shall be performed concurrent with required analytical monitoring.
(c) Visual inspections are not required to be performed outside of the facility's normal
operating hours.
(d) Visual inspections shall be recorded on the Division's Stormwater Discharge Outfall
Qualitative Monitoring Report (QMR) form and shall include observations of:
• Color
• Odor
• Clarity
• Floating Solids
• Suspended Solids
• Foam
• Oil Sheen
• Deposition at or immediately below the outfall
• Erosion at or immediately below the outfall, and
• Other obvious indicators of stormwater pollution.
(e) Inability to perform inspections because of adverse weather or lack of discharge during
the monitoring period shall not constitute a failure to monitor if the event is
documented in the SWPPP and recorded on the Qualitative Monitoring Report.
D-2. Qualitative Monitoring Response
(a) If the permittee's qualitative monitoring indicates that the SWPPP and/or existing
stormwater BMPs are ineffective, or that significant stormwater contamination is
present, then the permittee shall investigate potential causes, evaluate the feasibility
of corrective actions, and implement those feasible corrective actions within sixty
(60) days.
(b) A written record of the permittee's investigation, evaluation, and response actions
shall be kept in the SWPPP.
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Permit No. NCG190000
PART E: ANALYTICAL MONITORING OF STORMWATER DISCHARGES
This part applies to industrialstormwater discharges from marina activity areas including,
but not limited to, renting boat slips, storing boats, cleaning boats, incidental boat repair,
ship and boat building and repairing, and vehicle maintenance areas.
E-1. Required Baseline Sampling
The permittee shall perform baseline sampling of all stormwater discharge outfalls and/or
authorized representative discharge outfalls in accordance with this part.
(a) Grab samples shall be collected, analyzed, and reported for the following
parameters; Total Suspended Solids (TSS), Non Polar Oil and Grease, pH, and
Chemical Oxygen Demand (COD), aluminum, chromium III, chromium VI, copper,
lead, nickel, and zinc.
(b) In addition to the grab samples, the average monthly usage of new motor and
hydraulic oil for the facility shall be tracked and recorded.
(c) The total rainfall amount for each sampling event shall be recorded in inches. Total
rainfall shall be determined from an on -site rain gauge or a regional rain gauge
located within one (1) mile of the facility.
(d) Samples shall be collected from two separate monitoring periods per year. A
minimum of sixty (60) days must separate the two sampling events:
• January 1 - June 30, and
• July 1 - December 31.
E-2. Baseline Sampling Benchmarks
(a) Analytic results for each parameter shall be compared to the benchmark values for the
appropriate receiving stream classification as provided in Table 2. An exceedance of a
benchmark value is not a permit violation; however, failure to respond in accordance
with E-2(b) below is a permit violation.
(b) An exceedance of any benchmark value shall require a tiered response for that
parameter. A single exceedance of a benchmark value shall require a Tier One response
for that parameter. Two benchmark value exceedances in a row shall require a Tier
Two response for that parameter. Four benchmark exceedances for a parameter within
a five (5) year period shall require a Tier Three response for that parameter.
(c) Baseline sampling benchmarks shall be in accordance with Table 2 below.
Table 2: Summary of Semi -Annual Baseline Sampling Requirements
Parameter
Code for
Parameter
Receiving Stream
Benchmark
Reporting
Classification (s)
(mg/L)
All, except ...
100
C0530
Total Suspended Solids (TSS)
HQW, ORW, Tr,
PNA (a)
50
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Permit No. NCG190000
00552
Non Polar Oil & Grease
per EPA Method 1664 SGT-HEM
All
15
00340
Chemical Oxygen Demand
All
120
00400
pH
All
6-9
01105
Aluminum, total recoverable
Freshwater
0.75
Saltwater
0.24
01033
Chromium III, total recoverable
Freshwater
0.905
Saltwater
None
01042
Copper, total recoverable
Freshwater
0.010
Saltwater
0.006
01051
Lead, total recoverable
Freshwater
0.075
Saltwater
0.22
01067
Nickel, total recoverable
Freshwater
0.335
Saltwater
0.074
01092
Zinc, total recoverable
Freshwater
0.126
Saltwater
0.095
46529
Total Rainfall of Sampled Event
(inches)
_
NCOIL
Average Monthly Oil Usage at the
Facility (gallons)
(a)Defined in Definitions Section
E-3. Methodology for Collecting Samples
(a) Grab samples shall be collected within the first 30 minutes of discharge. If 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.
(b) Samples collected shall be characteristic of the volume and nature of the permitted
discharge.
(c) Samples shall be collected during a measureable storm event. The previous
measureable storm event must have been at least 72 hours prior.
(d) Lack of a discharge from an outfall for the monitoring period, or inability to collect a
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Permit No. NCG190000
sample because of adverse weather conditions during a monitoring period, shall not
constitute failure to monitor as long as those conditions are reported on the
monitoring period DMR and noted in the SWPPP as: "Adverse Weather," "No Flow"
or "No Discharge."
(e) Sampling is not required to be performed outside of the facility's normal operating
hours.
(f) If the sampled storm event coincides with a known non stormwater discharge that is
deemed permitted under 15A NCAC 02H .0106, then this shall be noted on the
stormwater DMR.
E-4. Locations for Collecting Samples
Samples shall be collected at all stormwater discharge outfalls (SDO) that discharge
stormwater associated with industrial activity. If the Division has issued a representative
outfall status approval letter, then the permittee shall collect samples from all SDOs in
accordance with the SDO approval letter.
(a) All samples shall be taken before the discharge joins or is diluted by any other waste
stream, body of water, or substance.
(b) Monitoring points as specified in this General Permit shall not be changed without
written notification to and approval by the Division [40 CFR 122.41(j)].
(c) Analytical monitoring is not required for the outlet of any basin or pond designed to
contain the 25-year, 24-hour storm 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.
E-5. Tier One Response: Single Benchmark Exceedance
(a) If any sampling result is above the benchmark value for any parameter at any
outfall, then the permittee shall respond in accordance with Table 3 to identify and
address the source of that exceedance for that parameter.
(b) Each required response shall be documented in the SWPPP as each action occurs
including; the date and value of the benchmark exceedance, the date the Division's
Regional Office was notified of the exceedance, the inspection date, the personnel
conducting the inspection, the selected feasible actions, and the date the selected
feasible actions were completed.
(c) Each exceedance of a benchmark parameter shall individually require a Tier I
response.
(d) The Tier One response shall be in accordance with Table 3 below.
Table 3: Tier One Response for a Benchmark Exceedance
Timeline From
Receipt of Sampling Tier One Required Response/Action
Results
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Permit No. NCG190000
Continuously
i. Document the exceedance and each required response/action in
the SWPPP in accordance with E-5(b) above.
Within two weeks
ii. Notify the Division's Regional Office of the exceedance date and
value via email or, when it is developed, an electronic form
created by the Division for reporting exceedances.
iii. Conduct a stormwater management inspection.
iv. Identify and evaluate possible causes of the benchmark
exceedance.
Within one month
v. Select specific, feasible courses of action to reduce concentrations
of the parameter(s) of concern including, but not limited to,
source controls, operational controls, or physical improvements.
Within two months
vi. Implement the selected feasible actions.
E-6. Tier Two Response: Two Consecutive Benchmark Exceedances
(a) If any two consecutive sampling results are above the benchmark value for any
parameter at an outfall, then the permittee shall respond in accordance with Table 4
to identify and address the source of exceedances for that parameter at that outfall.
(b) After implementing the specific feasible courses of action, perform monthly
monitoring for the exceeded parameter until three samples in a row are below the
benchmark value.
(c) Each required response shall be documented in the SWPPP as each action occurs
including; the dates and values of the benchmark exceedances, the date the
Division's Regional Office was notified of the consecutive exceedances, the
inspection date, the personnel conducting the inspection, the selected feasible
actions, the date the selected feasible actions were completed, and the monthly
monitoring results.
(d) Each pair of two consecutive exceedances of a single benchmark parameter at a
single outfall shall constitute an event that requires a Tier Two response.
Subsequent events shall not include the same exceedances that have been
addressed in a Tier Two response.
(e) The Tier Two response shall be in accordance with Table 4 below.
Table 4: Tier Two Response for Two Consecutive Benchmark Exceedances
Timeline From
Receipt of Sampling
Tier Two Required Response/Action
Results
Continuously
i. Document the exceedance and each required response/action in
the SWPPP in accordance with E-6(c) above.
Within two weeks
H. Notify the Division's Regional Office in writing of the exceedance
date and value.
iii. Conduct a stormwater management inspection.
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Permit No. NCG190000
iv. Identify and evaluate possible causes of the benchmark
exceedance.
Within one month
v. Select specific, feasible courses of action to reduce
concentrations of the parameter(s) of concern including, but not
limited to, source controls, operational controls, or physical
improvements.
Within two months
vi. Implement the selected feasible actions.
vii. Implement monthly monitoring of the exceeded parameter and
continue until three samples in a row are below the benchmark
value.
E-7. Tier Three Response: Four Benchmark Exceedances Within 5 Years
(a) If any four sampling results within a five-year period for any single parameter are
above the benchmark value at a sampled outfall, then the permittee shall respond in
accordance with Table 5 to identify and address the source of exceedances for that
parameter at that outfall.
(b) The permittee shall prepare a written Action Plan and submit to the Division's
Regional Office for review and approval within thirty (30) days of receipt of the
fourth analytic monitoring data point that exceeds the benchmark value. At a
minimum, the Action Plan shall include:
• documentation of the four benchmark exceedances,
• an inspection report that covers the industrial activities within the drainage
area of the outfall with the exceedances (including the date of the inspection and
the personnel conducting the inspection),
• an evaluation of standard operating procedures and good housekeeping
procedures,
• identification of the source(s) of exceedances,
• specific actions that will be taken to remedy the identified source(s) with a
schedule for completing those actions, and
• a monitoring plan to verify that the Action Plan has addressed the source(s).
(c) The permittee shall keep the Action Plan in the SWPPP and document when each
specific action was carried out and by whom.
(d) The permittee shall contact the Division's Regional Office when all actions in the
Action Plan are completed.
(e) The Tier Three response shall be in accordance with Table 5 below.
Table 5: Tier Three Response for Four Benchmark Exceedances Within Five Years
Timeline From
Receipt of Fourth Tier Three Required Response/Action
Sampling Result
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Permit No. NCG190000
Continuously
i. Document the exceedances and each required response/action in
the SWPPP in accordance with E-7(c) above.
Within two weeks
ii. Notify the Division's Regional Office in writing of the affected
outfall, four exceedance dates and values.
iii. Conduct a stormwater management inspection.
iv. Identify and evaluate possible causes of the benchmark
exceedance.
Within one month
v. Prepare an Action Plan and submit to the Division's Regional
Office for review and approval.
Upon DEQ Approval
vi. Implement the approved Action Plan.
Upon Completion of
vii. Notify the Division's Regional Office of Action Plan completion.
Approved Action Plan
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Permit No. NCG190000
PART F: SUBMITTAL OF DISCHARGE MONITORING REPORTS (DMRs)
F-1. Deadlines for Submittal of Discharge Monitoring Reports
(a) Discharge Monitoring Reports (DMRs) for Periods 1 and 2 shall be submitted by no
later than 30 days from the date the facility receives the sampling results.
(b) For COCs issued between June 1-31 and Dec 1-31, sampling shall not commence
until the next sampling period.
F-2. Discharge Monitoring Report (DMR) Forms
Samples analyzed in accordance with the terms of this General Permit shall be recorded on
DMR forms provided by the Director. DMR forms are available on the Division's website
(https:/ Ideq.nc.govlab out/ divisions /energy-mineral-land-resources/npdes-stormwater-
gp—s•)
F-3. Signatures on Discharge Monitoring Report (DMR) Forms
DMRs shall be signed and certified by a person meeting the Signatory requirements in H-1.
F-4. Results Below Detection Limits
When results are below detection limit, they shall be reported in the format, "<XX mg/L,
where XX is the numerical value of the detection limit.
F-5. Occurrences of No Discharge
If no discharge occurs during the sampling period, the permittee must record that in the
facility's monitoring records within 30 days of the end of the sampling period. "No Flow" or
"No Discharge" shall be reported on the Annual Summary Discharge Monitoring Report
(DMR).
F-6. Reports Required if More Frequent Monitoring Has Occurred
If the permittee monitors any pollutant more frequently than required by this General Permit
using test procedures approved under 40 CFR Part 136 and at a sampling location specified in
this General Permit, the results of such monitoring shall be included in the data submitted on
the DMR. 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 and submit it no later than 30 days from the date the facility receives the
sampling results.
F-7. Report Required if Begin Discharging to a Water Not Listed in the Certificate of
Coverage
The permittee shall request a modification to the COC from the Division prior to discharging to
a new SDO to a waterbody that is not listed on the most current COC for the marina.
F-8. Submittal Process before Electronic Discharge Monitoring Reporting (eDMR)
Original, signed DMRs shall be scanned and uploaded to the electronic DMR submittal form,
which can be found by typing "deq.nc.gov/SW-Industrial" into a browser window and hitting
"enter."
Then, the original signed DMRs shall be mailed or otherwise delivered to the appropriate
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Permit No. NCG190000
Regional Office, which is indicated at: https://deq.nc.gov/contact/regional-offices/.
F-9. Submittal Process after Electronic Discharge Monitoring Reporting (eDMR)
After the Division has created an electronic reporting system to accept NPDES stormwater
permit monitoring data, the permittee shall report discharge monitoring data electronically
using the Division's Electronic Discharge Monitoring Report (eDMR) internet application. The
Division will notify permittees when eDMR is ready to accept stormwater monitoring data.
F-10. Qualitative Monitoring Reports
The permittee shall record the required qualitative monitoring observations on the SDO
Qualitative Monitoring Report form provided by the Division and shall retain the completed
forms on site. Qualitative monitoring results shall not be submitted to the Division, except
upon the Division's specific requirement to do so. Qualitative Monitoring Report forms are
available on the Division's website (https://deq.nc.gov/about/divisions/energy-mineral-
land-resources/npdes-stormwater-gps).
F-11. Monitoring Report Retention
Copies of the following reports shall be maintained on -site or be available electronically to
the Division upon request. These records or copies shall be maintained for a period of at
least 5 years from the date of the sample, measurement, report, or Notice of Intent
application. This period may be extended by request of the Director at any time [40 CFR
122.41].
(a) Calibration and maintenance records,
(b) Original strip chart recordings for continuous monitoring instrumentation,
(c) Discharge Monitoring Reports (DMRs) and eDMR or other electronic DMR report
submissions,
(d) Qualitative monitoring records, and
(e) Copies of all data used to complete the Notice of Intent to be covered by this General
Permit.
PART G: OTHER OCCURENCES THAT MUST BE REPORTED
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Permit No. NCG190000
After a permittee becomes aware of an occurrence that must be reported, permittee shall contact
the appropriate Division regional office within the timeframes and in accordance with the other
requirements listed in Table 6 below. Occurrences outside normal business hours may also be
reported to the Department's Environmental Emergency Center personnel at [phone].
The reporting requirements are listed in Table 6 below.
Table 6: Other Occurrences that Shall Be Reported
Occurrence
Reporting Timeframes (After Discovery) and
Other Requirements
Visible sediment deposition in a
(a)
Within 24 hours, an oral or electronic notification.
stream or wetland
(b)
Within 7 calendar days, a report that contains a
description of the sediment and actions taken to address
the cause of the deposition. Division staff may waive the
requirement for a written report on a case -by -case basis.
(c)
If the stream is listed as impaired on the DWR Integrated
Report for sediment -related causes, the permittee may be
required to perform additional monitoring, inspections or
apply more stringent practices if staff determine that
additional requirements are needed to assure compliance
with the federal or state impaired -waters conditions.
Oil spills if they are:
• 25 gallons or more,
• less than 25 gallons but cannot
(d)
Within 24 hours, an oral or electronic notification. The
be cleaned up within 24 hours,
notification shall include information about the date, time,
• cause sheen on surface waters
nature, volume and location of the spill or release.
(regardless of volume), or
• are within 100 feet of surface
waters (regardless of volume).
Releases of hazardous substances
in excess of reportable quantities
under Section 311 of the Clean
(e)
Within 24 hours, an oral or electronic notification. The
Water Act Ref: 40 CFR 110.3and
notification shall include information about the date, time,
40 CFR 117.3) or section 102 of
nature, volume and location of the spill or release.
CERCLA (Ref: 40 CFR 302.4) or
G.S.143-215.85
Anticipated bypasses [40 CFR
(f)
A report at least ten days before the date of the bypass,
122.41(m)(3)]
if possible. The report shall include an evaluation of the
anticipated quality and effect of the bypass.
Unanticipated bypasses [40 CFR
(g)
Within 24 hours, an oral or electronic notification.
122.41(m)(3)]
(h)
Within 7 calendar days, a report that includes an
evaluation of the quality and effect of the bypass.
Noncompliance with the
(i)
Within 24 hours, an oral or electronic notification.
conditions of this permit that may
(j)
Within 7 calendar days, a report that contains a
endanger health or the
description of the noncompliance, and its causes; the
environment[40 CFR
period of noncompliance, including exact dates and times,
122.41(1)(7)]
and if the noncompliance has not been corrected, the
anticipated time noncompliance is expected to continue;
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Permit No. NCG190000
and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance. [40 CFR
122.41(1)(6).
(k) Division staff may waive the requirement for a written
report on a case -by -case basis.
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Permit No. NCG190000
PART H: PERMIT ADMINISTRATION
H-1. 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:
• 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.
• For a partnership or sole proprietorship: by a general partner or the
proprietor, respectively; or
• 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 this 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:
• The authorization is made in writing by a person described above;
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
• The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22].
(c) Changes to authorization: If an authorization under paragraph (b) of this section is
no longer accurate because a different individual or position has responsibility for
the overall operation of the facility, a new authorization satisfying the requirements
of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by an
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Permit No. NCG190000
authorized representative [40 CFR 122.22].
(d) Any person signing a document under paragraphs a. or b. of this section, or
submitting an electronic report (e.g., eDMR), shall make the following
certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION
WILL BE ACCEPTED.
"1 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 properlygather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible forgathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and complete. I
am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations. "
H-2. 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)].
H-3. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at
the permitted facility which could significantly alter the nature or quantity of pollutants
discharged [40 CFR 122.41(1)]. This notification requirement includes pollutants which are
not specifically listed in the General Permit or subject to notification requirements under 40
CFR Part 122.42 (a).
H-4. 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.
H-5. When an Individual Permit May be Required
The Director may require any owner/operator authorized to discharge under a Certificate
of Coverage issued pursuant to this General Permit to apply for and obtain an individual
permit or an alternative general permit. Any interested person may petition the Director to
take action under this paragraph. Cases where an individual permit may be required
include, but are not limited to, the following:
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Permit No. NCG190000
(a) The discharger is a significant contributor of pollutants;
(b) Conditions at the permitted site change, altering the constituents and/or
characteristics of the discharge such that the discharge no longer qualifies for a
general permit;
(c) The discharge violates the terms or conditions of this General Permit;
(d) A change has occurred in the availability of demonstrated technology or
practices for the control or abatement of pollutants applicable to the point
source;
(e) Effluent limitations are promulgated for the point sources covered by this General Permit;
(f) A water quality management plan containing requirements applicable to such point
sources is approved after the issuance of this General Permit;
(g) The Director determines at his or her own discretion that an individual permit is required.
H-6. When an Individual Permit May be Requested
Any permittee operating under this General Permit may request to be excluded from the
coverage of this General Permit by applying for an individual permit. When an individual
permit is issued to an owner/operator the applicability of this General Permit is
automatically terminated on the effective date of the individual permit.
H-7. General Permit Modification, Revocation and Reissuance, or Termination
The issuance of this General Permit does not prohibit the Permit Issuing Authority from
reopening and modifying the General Permit, revoking and reissuing the General Permit, or
terminating the General Permit as allowed by the laws, rules, and regulations contained in
Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et
al. After public notice and opportunity for a hearing, the General Permit may be terminated
for cause. The filing of a request for a General Permit modification, revocation and
reissuance, or termination does not stay any General Permit condition. The Certificate of
Coverage shall expire when the General Permit is terminated.
H-8. 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)].
H-9. Requirement to Report Incorrect 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)].
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Permit No. NCG190000
H-10. Waivers from Electronic Reporting
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to
the facility being physically located in an area where less than 10 percent of the households
have broadband access, then a temporary waiver from the NPDES electronic reporting
requirements may be granted and discharge monitoring data may be submitted on paper
DMR forms or alternative forms approved by the Director. See the following paragraph for
information on how to request a waiver from electronic reporting.
The permittee may seek a temporary electronic reporting waiver from the Division. To
obtain an electronic reporting waiver, a permittee must first submit an electronic reporting
waiver request to the Division. Requests for temporary electronic reporting waivers must
be submitted in writing to the Division for written approval at least sixty (60) days prior to
the date the facility would be required under this permit to begin submitting monitoring
data and reports. The duration of a temporary waiver shall not exceed 5 years and shall
thereupon expire. At such time, monitoring data and reports shall be submitted
electronically to the Division unless the permittee re -applies for and is granted a new
temporary electronic reporting waiver by the Division. Approved electronic reporting
waivers are not transferrable. Only permittees with an approved reporting waiver request
may submit monitoring data and reports on paper to the Division for the period that the
approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are
found on the following web page: https:/.Ideq.nc.gov/about/divisions/water-
resources/edmr
H-11. Annual Administering and Compliance Monitoring Fee Requirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty)
days after being billed by the Division. Failure to pay the fee in timely manner in accordance
with 15A NCAC 21-1.0105(b)(2) may cause this Division to initiate action to revoke coverage
under the General Permit.
H-12. 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.
H-13. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts,
and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water
Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this General Permit, all test procedures
must produce minimum detection and reporting levels and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure. If no
approved methods are determined capable of achieving minimum detection and reporting
levels below the General Permit discharge requirements, then the most sensitive (method
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Permit No. NCG190000
with the lowest possible detection and reporting level) approved method must be used.
H-14. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308
of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be
available for public inspection at the offices of the Division. As required by the Act,
analytical data shall not be considered confidential. Knowingly making any false statement
on any such report may result in the imposition of criminal penalties as provided for in
NCGS 143-215.613 or in Section 309 of the Federal Clean Water Act.
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Permit No. NCG190000
PART I: COMPLIANCE AND LIABILITY
I-1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater
discharges in accordance with the following schedule:
(a) Existing Facilities already operating but applying for permit coverage for the first
time: The Stormwater Pollution Prevention Plan shall be developed and
implemented within 12 months of the effective date of the Certificate of Coverage
and updated thereafter on an annual basis. Secondary containment, as specified in
Part B-9 of this General Permit, shall be accomplished within 12 months of the
effective date of the issuance of the Certificate of Coverage.
(b) New Facilities applying for coverage for the first time: The Stormwater Pollution
Prevention Plan shall be developed and implemented prior to the beginning of
discharges from the operation of the industrial activity and be updated thereafter
on an annual basis. Secondary containment, as specified in Part B of this General
Permit shall be accomplished prior to the beginning of discharges from the
operation of the industrial activity.
(c) Existing facilities previously permitted and applying for renewal under this
General Permit: All requirements, conditions, limitations, and controls contained
in this permit (except new SWPPP 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 B of this General Permit shall be accomplished prior to the
beginning of discharges from the operation of the industrial activity.
I-2. Duty to Comply
The permittee must comply with all conditions of this General Permit. Any permit
noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for
enforcement action; for permit termination, revocation and reissuance, or modification; or
denial of a permit upon renewal application [40 CFR 122.41].
(a) The permittee shall comply with standards or prohibitions established under section
307(a) of the CWA for toxic pollutants within the time provided in the regulations
that establish these standards or prohibitions, even if the General Permit has not yet
been modified to incorporate the requirement [40 CFR 122.41].
(b) The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308,
318 or 405 of the Act, or any permit condition or limitation implementing any such
sections in a permit issued under section 402, or any requirement imposed in a
pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act,
is subject to a civil penalty not to exceed $37,500 per day for each violation [33 USC
1319(d) and 40 CFR 122.41(a)(2)].
(c) The CWA provides that any person who negligently violates sections 301, 302, 306,
307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of
such sections in a permit issued under section 402 of the Act, or any requirement
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Permit No. NCG190000
imposed in a pretreatment program approved under section 402 (a) (3) or 402 (b) (8)
of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation,
or imprisonment of not more than 1 year, or both. In the case of a second or
subsequent conviction for a negligent violation, a person shall be subject to criminal
penalties of not more than $50,000 per day of violation, or by imprisonment of not
more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)].
(d) Any person who knowingly violates 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 CFR122.41(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)(iii) of the CWA,
shall, upon conviction of violating the imminent danger provision, be subject to a
fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or
subsequent convictions [40 CFR 122.41(a)(2)].
(f) Under state law, a civil penalty of not more than $25,000 per violation may be
assessed against any person who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit [North Carolina General Statutes § 143-
215.6A].
(g) Any person may be assessed an administrative penalty by the Administrator for
violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of this Act. Administrative penalties for Class I violations are not to
exceed $16,000 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $37,500. Penalties for Class II violations are not to exceed
$16,000 per day for each day during which the violation continues, with the
maximum amount of any Class II penalty not to exceed $177,500. [33 USC
1319(g)(2) and 40 CFR 122.41(a)(3)].
I-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)].
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Permit No. NCG190000
I-4. Civil and Criminal Liability
Except as provided in Part C-7 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.
I-S. 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.
I-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)].
I-7. Severability
The provisions of this General Permit are severable, and if any provision of this General
Permit, or the application of any provision of this General Permit to any circumstances, is
held invalid, the application of such provision to other circumstances, and the remainder of
this General Permit, shall not be affected thereby [NCGS 15013-23].
I-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)].
I-9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
General Permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or
by imprisonment of not more than 4 years, or both [40 CFR 122.41].
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Permit No. NCG190000
I-10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this General Permit, including monitoring reports or reports of
compliance or noncompliance shall, upon conviction, be punished by a fine of not more than
$10,000 per violation, or by imprisonment for not more than two years per violation, or by
both [40 CFR 122.41].
I-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.
I-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)].
I-13. 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)].
I-14. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this General Permit [40 CFR 122.41(c)].
PART J: DEFINITIONS
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Permit No. NCG190000
Additional definitions for the NPDES Program may be found in federal rule at 40 CFR Part 122.2
Act
See Clean Water Act.
Adverse Weather
Weather 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
SWPPP records. Adverse weather does not exempt the permittee from having to file a
monitoring report in accordance with the sampling schedule. Adverse events and failures to
monitor must also be explained and reported on the relevant DMR.
Allowable Non-Stormwater Discharges
This General Permit regulates stormwater discharges. Non-stormwater discharges which
shall be allowed in the stormwater conveyance system include:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without
added chemicals, springs, discharges of uncontaminated potable water, waterline and fire
hydrant flushings, water from footing drains, irrigation waters, flows from riparian
habitats and wetlands.
(c) Discharges resulting from fire -fighting or, or emergency shower oreye wash as a result of
use in the event of an emergency.
Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs may take the form of a process, activity, or physical structure. More information on
BMPs can be found at: https:I jwww.epa.gov/npdes/national-menu-best-management-
practices-bmps-stormwater#edu.
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.
Bypass
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.
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Permit No. NCG190000
Certificate of Coverage (COC)
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.
Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
Division
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality
(DEQ), formerly the 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
(analytically or qualitatively) should be taken within the first 30 minutes of discharge.
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean
Water Act.
High Quality Waters (HQW)
Supplemental classification intended to protect waters which are rated excellent based on
biological and physical/chemical characteristics through Division monitoring or special studies, or
HQW by definition:
1. WS-I,
2. WS-II,
3. SA (commercial shellfish),
4.ORW,
S. Primary Nursery Areas and other functional nursery areas designated by Marine Fisheries
Commission, or
6. Waters for which DWQ has received a petition for reclassification to either WS-I or WS-II.
(15A NCAC 0213 .0200)
Measureable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The
previous measurable storm event must have been at least 72 hours prior. The 72-hour
storm interval may not apply if the permittee is able to document that a shorter interval is
representative for local storm events during the sampling period, and obtains approval
from the Division's Regional Office. Two copies of this information and a written request
letter shall be sent to the Division's Regional Office. After authorization by the Division's
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Permit No. NCG190000
Regional Office, a written approval letter must be kept on site in the permittee's SWPPP.
Municipal Separate Storm Sewer System (MS4)
A stormwater collection system within an incorporated area of local self-government such
as a city or town.
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. The Division's
Regional Office 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).
Notice of Intent (NOI)
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.
Outstanding Resource Water (ORW)
Supplemental classification intended to protect unique and special waters having excellent water
quality and being of exceptional state or national, ecological or recreational significance. To
qualify, waters must be rated Excellent by DWQ, and have one of the following outstanding
resource values:
1. Outstanding fish habitat and fisheries,
2. Unusually high level of water based recreation or potential for such kind of recreation,
3. Some special designation such as N.C. Scenic/Natural River, or National Wildlife Refuge,
4. Important component of state or national park or forest, or
S. Special ecological or scientific significance (rare or endangered species habitat, research or
educational areas).
All ORWs are HQW by supplemental classification.
(15A NCAC 0213 .0200)
Permit Issuing Authority
The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above).
Permittee
The owner or operator issued a Certificate of Coverage pursuant to this General Permit.
Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to,
any pipe, ditch, channel, conduit, well, or discrete fissure from which stormwater is or may
be discharged to waters of the State.
Primary Nursery Area (PNA)
Tidal saltwaters which provide essential habitat for the early development of commercially
important fish and shellfish and are so designated by the Marine Fisheries Commission.
(15A NCAC 0213.0200)
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Permit No. NCG190000
Representative Outfall Status (ROS)
When it is established that the discharge of stormwater runoff from a single outfall is
representative of the discharges at multiple outfalls, the Division's Regional Office may
grant representative outfall status. ROS allows the permittee to perform analytical
monitoring at a reduced number of outfalls.
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.
Section 313 Water Priority Chemical
A chemical or chemical category which:
(a) Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning
and Community Right -to -Know Act (EPCRA) of 1986;
(b) Is present at or above threshold levels at a facility subject to SARA title III, Section 313
reporting requirements; and
(c) Meets at least one of the following criteria:
• Is listed in appendix D of 40 CFR Part 122 on Table II (organic priority pollutants), Table
III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
• Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
CFR 116.4; or
• Is a pollutant for which EPA has published acute or chronic water quality criteria.
Severe Property Damage
Substantial physical damage to property, damage to the control facilities which causes them
to become inoperable, or substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. Severe property damage does
not mean economic loss caused by delays in production.
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.
Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of
reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3 and 40
CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4).
Stormwater Control Measure (SCM)
A permanent structural device that is designed, constructed, and maintained to remove
pollutants from stormwater runoff by promoting settling or filtration; or to mimic the
natural hydrologic cycle by promoting infiltration, evapo-transpiration, post -filtration
discharge, reuse of stormwater, or a combination thereof.
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Permit No. NCG190000
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.
Storm water Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
Storm water 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.
Stormwater Pollution Prevention Plan (SWPPP)
A comprehensive site -specific plan which details measures and practices to reduce
stormwater pollution and is based on an evaluation of the pollution potential of the site.
Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all
seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of
North Carolina can be found at https:IIdeq.nc.gov/about/divisions/water-
resources/planning/modeling-assessment/tmdls.
Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Trout (waters)
Supplemental classification intended to protect freshwaters for natural trout propagation and
survival of stocked trout on a year round basis. This is not the same as the N.C. Wildlife Resources
Commission's Designated Public Mountain Trout Waters (15A NCAC 0213 .0200).
Upset
An exceptional incident in which there is unintentional and temporary noncompliance with
technology -based permit effluent limitations because of factors beyond the reasonable control of
the permittee. An upset does not include noncompliance to the extent caused by operational error,
improperly designed treatment or control facilities, inadequate treatment or control facilities, lack
of preventive maintenance, or careless or improper operation.
Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning
operations, or airport deicing operations.
Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by
water, air, gravity, or ice from its site of origin which can be seen with the unaided eye.
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Permit No. NCG190000
10 year, 24-hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the
average, once in 10 years.
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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