NCS000202_Final Permit Correction_20210108

Permit No. NCS000202
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions 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,
The Quartz Corp USA
is hereby authorized to discharge stormwater from a facility located at:
KT Mica
722 Altapass Highway
Spruce Pine, NC
Mitchell County
to receiving waters designated as North Toe River, a Class C;Tr stream, in the French Broad
River Basin, in accordance with the discharge limitations, monitoring requirements, and
other conditions set forth in Parts A through J hereof.
This permit shall become effective January 1, 2 02 1.
This permit and the authorization to discharge shall expire at midnight on December 31,
2025.
Originally signed December 23, 2020; corrected and signed this day January 8, 2021.
for Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission

Permit No. NCS000202
TABLE OF CONTENTS
PART A Individual Permit Coverage
PART B Stormwater Pollution Prevention Plan (SWPPPI
B-1.
Responsible Party
B-2.
General Location Man
B-3.
Site Man
B-4.
Narrative Description of Industrial Process
B-5.
Evaluation of Stormwater Outfalls
B-6.
Narrative Description of Stormwater SCMs/BMPs
B-7.
Facility Inspections
B-8.
Feasibility Study
B-9.
Secondary Containment Plan
B-10.
Spill Prevention and Response Procedures
B-11.
Preventative Maintenance and Good Housekeeping
B-12.
Employee Training
B-13.
Representative Outfall Status
B-14.
Annual SWPPP Review and Update
B-15
Annual On-line SWPPP Certification When Available
B-16.
Notice to Modify SWPPP
B-17.
SWPPP Documentation
PART C Qualitative Monitoring Requirements of Stormwater Discharge
C-1.
Visual Inspections
C-2.
Qualitative Monitoring Response
PART D Analytical Monitoring Requirements
D-1. Required Baseline Sampling
D-2. Baseline Sampling Benchmarks
D-3. Methodology for Collecting Samples
D-4. Locations for Collecting Samples
D-5. Tier One Response: Single Benchmark Exceedance
D-6. Tier Two Response: Two Consecutive Benchmark Exceedances
D-7. Tier Three Response: Four Benchmark Exceedances Within 5 Years
i

Permit No. NCS000202
PART E Submittal of Discharge Monitoring Reports
E-1.
Deadlines for Submittal of Discharge Monitoring Reports
E-2.
Discharge Monitoring Report (DMRI Forms
E-3.
Signature Requirements on Discharge Monitoring Report (DMRI
Forms
E-4.
Results Below Detection Limits
E-5.
Occurrences of No Discharge
E-6.
Reports if More Frequent Monitoring Has Occurred
E-7.
Report if Begin Discharging to a New Stormwater Discharge Outfall
E-8.
Submittal Process Before Electronic Discharge Monitoring Reporting
(eDMR) is Established
E-9.
Submittal Process After Electronic Discharge Monitoring Reporting
(eDMR) is Established
E-10.
Qualitative Monitoring Reports
E-11.
Monitoring Report Retention
E-12.
Waivers from Electronic Reporting
PART F Other Occurrences That Must Be Reported
PART G Permit Administration
G-1.
Signatory Requirements
G-2.
Permit Expiration
G-3.
Planned Changes
G-4.
Transfers
G-5.
Sale or Closure
G-6.
Permit Modification, Revocation and Reissuance, or Termination
G-7.
Anticipated Noncompliance
G-8.
Requirement to Report Incorrect Information
G-9.
Annual Administering and Compliance Monitoring Fee Requirements
G-10.
Flow Measurements
G-11.
Test Procedures
G-12.
Representative Outfall
G-13.
Availability of Reports
G-14.
Permit Actions
G-15.
Recording Results
M

Permit No. NCS000202
PART H Operation and Maintenance of Pollution Controls
H-1. Proper Operation and Maintenance
H-2. Corrective Actions
H-3. Draw Down of Treatment Facilities for Essential Maintenance
H-4. Bypassing of Stormwater Control Facilities
H-5. Upsets
H-6. Required Notice for Bypass or Upset
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
iii

Permit No. NCS000202
PART A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration,
the permittee is authorized to discharge stormwater associated with industrial activity.
Such discharges shall be controlled, limited and monitored as specified in this permit.
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 Certification from NPDES
stormwater discharge permit requirements. Any owner or operator wishing to obtain a No
Exposure Certification must:
(a) Submit a No Exposure Certification application form to the Division of Energy,
Mineral and Land Resources (Division),
(b) Receive approval from the Division
(c) Maintain no exposure conditions unless authorized to discharge under a valid
NPDES stormwater permit, and
(d) Recertify the No Exposure Certification annually.
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system that
has been adequately treated and managed in accordance with the terms and conditions of
this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or
approval. The stormwater discharges allowed by this permit shall not cause or contribute
to violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
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Permit No. NCS000202
PART B: STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
The permittee shall develop and implement 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 be
made available to the Director upon request, and shall also be sent to the Division's
Asheville Regional Office upon request. The SWPPP shall be considered public information
in accordance with Part G-13 of this Individual Permit.
The SWPPP shall include, at a minimum, the following items:
B-1. Responsible Party
The SWPPP shall identify (a) 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 (MS4), the name of the
municipality and the ultimate receiving waters; and
(c) Any receiving waters that exceed criteria for one or more parameters or if the site is
located in a watershed for which a Total Maximum Daily Load (TMDLI has been
established and, if so, 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:
1. Site property/permit boundary;
2. Site topography and finished grade;
3. Buildings, roads, parking areas and other built -upon areas;
4. Industrial activity areas (including: fueling, vehicle maintenance and repair, washing
of materials or equipment, storage of materials, disposal areas, process areas,
loading and unloading areas, and haul roads);
S. A table of stormwater discharge outfalls and their latitudes and longitudes;
6. Drainage area for each outfall with an estimation of impervious area percentage;
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Permit No. NCS000202
7. Stormwater Control Measures (SCMs);
8. All stormwater collection/drainage features, structures and direction of flow;
9. On -site and adjacent surface waters and wetlands; and
10. A graphic scale and north arrow.
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Permit No. NCS000202
Location Map:
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-� - +� — - - } .,�a Ik f F ' 7 T - WIC i'. ,?•�� •��. I
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All'
Latitude: 35' 54' 15" N
Longitude: 82' 03' 45" W
County: Mitchell
Receiving Stream: North Toe River Facility Location
Stream Class: C; Tr
Sub -basin: 04-03-06 (French Broad River Basin) �(ott1k NCS000202
KT Mica
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Permit No. NCS000202
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. 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 Part GG1 of this
permit.
B-6. Narrative Description of Stormwater SCMs/BMPs
A narrative description of structural Stormwater Control Measures (SCMs) and non-
structural Best Management Practices (BMPs] on site shall be provided. Appropriate
SCMs/BMPs may include, but are not limited to, vegetative swales, berms, and reuse of
collected stormwater (such as for an industrial process or as an irrigation source) in a
manner that reduces pollutants in stormwater discharges leaving the site. The installation
and implementation of SCMs/BMPs shall be based on the assessment of the potential for
sources to contribute significant quantities of pollutants to stormwater discharges and on
data collected through monitoring of stormwater discharges. The Narrative Description of
SCMs/BMPs shall be reviewed and updated annually.
The narrative description of stormwater SCMs/BMPs shall include:
(a) A written record of the specific rationale for installation and implementation of the
selected site SCMs and/or BMPs; and
(b) BMPs for vehicle maintenance activities.
B-7. Facility Inspections
Inspections of the facility and all stormwater systems shall occur as part of the
Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-
annual schedule, once during the first half of the year (January to June), and once during
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Permit No. NCS000202
the second half (July to December), with at least 60 days separating inspection dates
(unless performed more frequently than semi-annually). These facility inspections are
different from, and in addition to, the stormwater discharge characteristic monitoring at
the outfalls required in Parts C and D of this permit.
B-8. Feasibility Study
The feasibility study shall include 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 run-on flows. Wherever practical, the
permittee shall prevent exposure of all storage areas, material handling operations, and
manufacturing or fueling operations. In areas where elimination of exposure is not
practical, this review shall document the feasibility of diverting the stormwater run-on
away from areas of potential contamination.
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. Accumulated
stormwater may be released if found to be uncontaminated by any material.
Accumulated stormwater found to be contaminated shall not be released from the
containment area;
(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
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Permit No. NCS000202
associated with the facility operations. For facilities subject to the federal Spill Control and
Countermeasure (SPCC) regulation, the SPCC Plan may be used to support compliance with
this permit. The Spill Prevention and Response Procedures (SPRP) shall incorporate an
assessment of potential pollutant sources based on a materials inventory of the facility. The
SPRP must be site specific. An oil SPCC Plan may be a component of the SPRP. The common
elements of the SPCC used to meet the SPRP shall be incorporated by reference into the SPRP.
The Spill Prevention and Response Procedures (SPRP) shall include at minimum:
(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) A supply of spill response materials and equipment and the locations for storing
these items;
(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. Preventative Maintenance and Good Housekeeping Program
A preventative maintenance and good housekeeping program (PMGHP) shall be developed
and implemented. The program shall address all stormwater control measures (SCMs) (if
applicable), stormwater discharge outfalls, all on -site and adjacent surface waters and
wetlands, industrial activity areas (including material storage areas, material handling
areas, disposal areas, process areas, loading and unloading areas, and haul roads), all
drainage features and structures, and existing structural SCMs and non-structural BMPs.
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 (if applicable); and
(c) A record of inspections, maintenance, and housekeeping activities.
B-12. Employee Training
Training programs shall be 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
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Permit No. NCS000202
runoff. The facility personnel responsible for implementing the training shall be identified,
and their annual training shall be documented by the signature of each employee trained.
The annual employee training shall include, at a minimum, the following topics:
(a) General stormwater awareness;
(b) Spill response and cleanup procedures;
(c) Preventative maintenance and good housekeeping activities;
(d) Secondary containment releases, and
(e) Fueling procedures (if applicable).
B-13. Representative Outfall Status
If the Division has granted representative outfall status (ROS),. written 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-14. 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 to the other items in Part B of the permit, the SWPPP update shall include:
(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;
(b) A written certification that the stormwater outfalls have been evaluated for the
presence of non-stormwater discharges;
(c) A documented re-evaluation of the effectiveness of the on -site SCMs and BMPs in
minimizing the contamination of stormwater runoff, including a summarization of all
SCM inspections conducted throughout the year preceding the annual update;
(d) A statement that annual training requirements were met in the past year; and
(e) A review and comparison of sample analytical data to benchmark values (if
applicable) over the past year, including an evaluation of Tiered Response status.
The permittee shall use the Division's Generic Annual Discharge Monitoring Report
(DMR) Form, available from the Stormwater Permitting Program's website.
B-1S. Annual On -Line SWPPP Certification when Available
After the Division's ePermitting system develops the capability to receive this information,
an online certification that the SWPPP annual update has been completed in a manner that
meets the conditions of this permit shall be submitted annually.
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Permit No. NCS000202
B-16. Notice to Modify 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. The permittee shall provide certification in writing (in accordance with Part
G-1 of this permit) to the Director that the changes have been made.
B-17. SWPPP Documentation
Documentation of all monitoring, measurements, inspections, maintenance activities, and
training provided to employees, including the log of the sampling data and of actions taken
to implement SCMs and 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 Division immediately upon request.
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Permit No. NCS000202
PART C: 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.
C-1. Visual Inspections
(a) Visual inspections shall be made at each stormwater discharge outfall (SDOI 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.
C-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. NCS000202
PART D: ANALYTICAL MONITORING REQUIREMENTS
This part applies to industrial stormwater discharges of stormwater-only flows from
drainage areas where industrial activities are performed.
D-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 all the parameters listed
in the tables below except for Total Rainfall which shall be monitored using a rain
gauge.
(b) In addition to the grab samples, the average monthly usage of new motor and
hydraulic oil for the facility shall be tracked, recorded, and reported to the Division if
it exceeds an average of 55 gallons per month.
(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:
• Period 1: January 1 - June 30
• Period 2: July 1 - December 31.
D-2. Baseline Sampling Benchmarks
(a) Analytical results for each parameter shall be compared to the benchmark values for
the appropriate receiving stream classification as provided in Table 1. An
exceedance of a benchmark value is not a permit violation; however, failure to
respond in accordance with part D-2 paragraph (b) of this permit is a permit
violation.
(b) An exceedance of any benchmark value in Table 1 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 1 below.
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Permit No. NCS000202
Table 1. Summary of Semi -Annual Baseline Sampling Requirements for
Stormwater Discharges
Parameter Code for
Parameter
Frequency
Benchmark
Reporting
C0530
Total Suspended Solids (TSS)
semi-annual
50 mg/L
Aluminum
semi-annual
0.75 mg/L
1105
927
Magnesium
semi-annual
32 mg/L
1051
Lead, Total Recoverable
semi-annual
0.075 mg/L
400
pH
semi-annual
6-9
46529
Total Rainfall of Sampled Event
(inches)
Non -polar Oil & Grease for
00552
drainage areas that use >55
semi-annual
15 mg/L
gallons/month of oil on average
per EPA Method 1664 (SGT-HEM)
Estimated average Monthly Oil
NCOIL
Usage at the Facility (gallons)
D-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 measurable storm event. The previous
measurable 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
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 "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 discharge monitoring report.
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Permit No. NCS000202
D-4. Locations for Collecting Samples
Samples shall be collected at all stormwater discharge outfalls (SDOs) that discharge
stormwater associated with industrial activity. If the Division has issued a representative
outfall status (ROS) approval letter, then the permittee shall collect samples from all SDOs
in accordance with the ROS 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 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.
D-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 2 to identify and address
the source of that exceedance for the parameter(s).
(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
Asheville 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 One
response.
(d) The Tier One response shall be in accordance with Table 2 below:
Table 2: Tier One Response for a Benchmark Exceedance
Timeline from Receipt of
Tier One Required Response/Action
Sampling Results
Continuously
i. Document the exceedance and each required response/action in the
SWPPP in accordance with Part D-5 of the permit.
Within two weeks
ii. Notify the Division's Asheville 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.
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Permit No. NCS000202
D-6. Tier Two Response: Two Consecutive Benchmark Exceedances
(a) If any two consecutive sampling results in a row are above the benchmark value for
any parameter at an outfall, then the permittee shall respond in accordance with
Table 3 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 all analytical monitoring parameters 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 Asheville 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 3 below.
(f) Alternatively, in lieu of the steps listed above, the permittee may, after two
consecutive exceedances exercise the option of contacting the DEMLR Regional
Engineer as provided below in Tier Three. The Regional Engineer may require
additional response actions on the part of the permittee as provided in Tier Three,
including reduced or additional sampling parameters or frequency.
Table 3: Tier Two Response for Two Consecutive Benchmark Exceedances
Timeline from Receipt of
Tier Two Required Response/Action
Sampling Results
Continuously
i. Document the exceedance and each required response/action in the
SWPPP in accordance with Part D-6 of the permit.
Within two weeks
ii. Notify the Division's Asheville Regional Office in writing of the
exceedance date and value.
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.
D-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
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Permit No. NCS000202
accordance with Table 4 to identify and address the source of exceedances for that
parameter at that outfall.
(b) 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 Asheville 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.
(c) The permittee shall prepare a written Action Plan and submit to the Division's
Asheville Regional Office for review and approval within thirty (30) days of receipt of
the fourth analytical 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).
(d) The permittee shall keep the Action Plan in the SWPPP and document when each
specific action was carried out and by whom.
(e) The permittee shall contact the Division's Asheville Regional Office when all actions
in the Action Plan are completed.
(f) The Division may, but is not limited to, require the permittee to:
• Revise, increase, or decrease the monitoring and reporting frequency for some
or all of the parameters herein;
• Perform additional sampling or sample for substitute parameters;
• Install structural stormwater control measures;
• Implement other stormwater control measures
• Perform upstream and downstream monitoring to characterize impacts on
receiving waters;
• Implement site modifications to qualify for a No Exposure Exclusion; and/or
• Continue Tier Three obligations through the permit renewal process.
(g) The Tier Three response shall be in accordance with Table 4 below.
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Permit No. NCS000202
Table 4: Tier Three Response for Four Benchmark Exceedances Within Five Years
Timeline from Receipt of
Tier Three Required Response/Action
Fourth Samplin Result
Continuously
i. Document the exceedances and each required response/action in the
SWPPP in accordance with Part D-7 of the permit.
Within two weeks
ii. Notify the Division's Asheville 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 Asheville Regional
Office for review and approval.
Upon DEQ Approval
vi. Implement the approved Action Plan.
Upon Completion of Approved
vii. Notify the Division's Asheville Regional Office of Action Plan
Action Plan
completion.
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Permit No. NCS000202
PART E: SUBMITTAL OF DISCHARGE MONITORING REPORTS (DMRs)
E-1. Deadlines for Submittal of Discharge Monitoring Reports
Discharge Monitoring Reports (DMRs) for Periods 1 and 2 (as defined in Part DD=1 of this
permit) shall be submitted no later than 30 days from the date that the facility receives the
sampling results.
E-2. Discharge Monitoring Report (DMR) Forms
Samples analyzed in accordance with the terms of this permit shall be recorded on the
Division's standard Discharge Monitoring Report (DMR) form. DMR forms are available on
the Division's website.
E-3. Signature Requirements on Discharge Monitoring Report (DMR) Forms
DMRs shall be signed and certified by a person meeting the Signatory requirements in Part
GG1 of this permit.
E-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.
E-5. Occurrences of No Discharge
If no discharge occurs during the sampling period, the permittee must record within 30
days of the end of the sampling period in the facility's monitoring records. "No Flow" or "No
Discharge" shall be reported on the Discharge Monitoring Report (DMR) as per NCAC T15A
0213 .0506.
E-6. Reports if More Frequent Monitoring Has Occurred
If the permittee monitors any pollutant more frequently than required by this permit using
test procedures approved under 40 CFR Part 136 and at a sampling location specified in
this 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 that date the facility receives
the sampling results.
E-7. Report if Begin Discharging to a New Stormwater Discharge Outfall
The permittee shall submit a letter describing the modification and an updated site map to
the Division prior to discharging to a new SDO. Division approval must be granted in
writing prior to discharging to a new SDO.
E-8. Submittal Process Before Electronic Discharge Monitoring Reporting
(eDMR) is Established
Prior to the Division's creation of an electronic reporting system to accept NPDES
stormwater permit monitoring data, original, signed DMR forms shall be scanned and
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Permit No. NCS000202
uploaded to the interim electronic DMR submittal form on the Division's website. The
original signed DMR Forms shall also be mailed or otherwise delivered to the Division's
Asheville Regional Office.
E-9. Submittal Process After Electronic Discharge Monitoring Reporting
(eDMR) is Established
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 the eDMR internet application is ready to accept
stormwater monitoring data.
E-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.
E-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, permit renewal, or permit
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) Visual monitoring records, and
(e) Copies of all data used to complete the permit application.
E-12. Waivers from Electronic Reporting
(a) 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. Duplicate signed copies shall be submitted to the mailing address above.
See "How to Request a Waiver from Electronic Reporting" section below.
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Permit No. NCS000202
(b) 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 five (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.
(c) Information on eDMR and the application for a temporary electronic reporting
waiver are found on the DEQ web page.
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Permit No. NCS000202
PART F: OTHER OCCURENCES THAT MUST BE REPORTED
After becoming aware of an occurrence that must be reported, the permittee shall contact
the Division's Asheville Regional Office within the timeframes and in accordance with the
other requirements listed in Table 5 below. Occurrences outside normal business hours
may also be reported to the Department's Environmental Emergency Center personnel at
[phone].
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)].
Table 5: Other Occurrences that Shall Be Reported
Occurrence
Reporting Timeframes (After Discovery) and
Other Requirements
Visible Sedimentation in a stream or wetland
(a)
Within 24 hours, an oral or electronic notification.
(b)
Within 7 calendar days, a report that contains a
description of the sedimentation event and permittee
actions taken to address it.
Oil spills if they are:
(c)
Within 24 hours, an oral or electronic notification. The
• 25 gallons or more,
notification shall include information about the date,
• less than 25 gallons but cannot be cleaned
time, nature, volume and location of the spill or release.
up within 24 hours,
• cause sheen on surface waters (regardless
of volume), or
• are within 100 feet of surface waters
(regardless of volume).
Releases of hazardous substances in excess of
(d)
Within 24 hours, an oral or electronic notification. The
reportable quantities under Section 311 of the
notification shall include information about the date,
Clean Water Act Ref: 40 CFR 110.3and 40 CFR
time, nature, volume and location of the spill or release.
117.3) or section 102 of CERCLA (Ref: 40 CFR
302.4) or G.S. 143-215.85
Noncompliance with the conditions of this
(e)
Within 24 hours, an oral or electronic notification.
permit that may endanger health or the
(f)
Within 7 calendar days, a report that contains a
environment. [40 CFR 122.41(1)(7)]
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 noncompliance is expected to
continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the
noncompliance. [40 CFR 122.41(1)(6).
(g)
Division staff may waive the requirement for a written
report on a case -by -case basis.
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Permit No. NCS000202
PART G: PERMIT ADMINISTRATION
G-1. Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed and
certified [40 CFR 122.41(k)].
(a) All permit applications 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 the permit and other information requested by the Director
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 Director [40 CFR 122.22].
(c) Changes to authorization: If an authorization under paragraph (b) of this section is
no longer accurate because a different individual or position has responsibility for
the overall operation of the facility, a new authorization satisfying the requirements
of paragraph (b) of this section must be submitted to the Director prior to or together
with any reports, information, or applications to be signed by an authorized
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Permit No. NCS000202
representative [40 CFR 122.22]
(d) Certification. Any person signing a document under paragraphs (a) or (b) of this
section, or submitting an electronic report (e.g., eDMR), shall make the following
certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED.
"I certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons directly
responsible 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."
G-2. Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order
to receive automatic authorization to discharge beyond the expiration date, the
permittee shall submit forms and fees as are required by the agency authorized to issue
permits no later than 180 days prior to the expiration date, unless permission for a later
date has been granted by the Director. (The Director shall not grant permission for
applications to be submitted later than the expiration date of the existing permit) [40 CFR
122.21(d)]. Any permittee that has not requested renewal at least 180 days prior to
expiration, or any permittee that does not have a permit after the expiration and has not
requested renewal at least 180 days prior to expiration, will be subjected to enforcement
procedures as provided in NCGS §143-215.36 and 33 USC 1251 et. seq.
G-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 permit or subject to notification requirements under 40 CFR
Part 122.42 (a).
G-4. Transfers
This 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 permit, 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.
G-5. Sale or Closure
The Permittee is required to notify the Division in writing in the event the permitted
facility is sold or closed.
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Permit No. NCS000202
G-6. Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the Director from reopening and modifying
the permit, revoking and reissuing the permit, or terminating the 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 permit may be terminated for cause. The filing of a request for a permit
modification, revocation and reissuance, or termination does not stay any permit condition.
G-7. Anticipated Noncompliance
The permittee shall give advanced notice to the Director of any planned changes at the
permitted facility which may result in noncompliance with the permit [40 CFR 22.41(1) (2)].
G-8. Requirement to Report Incorrect Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a
permit application or submitted incorrect information in a permit application or in any
report to the Director, it shall promptly submit such facts or information [40 CFR
122.41(1)(8)].
G-9. 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 this permit.
G-10. 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.
G-11. 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 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 permit discharge requirements, then the most sensitive (method
with the lowest possible detection and reporting level) approved method must be used.
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Permit No. NCS000202
G-12. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater
discharges that are required to be sampled, the permittee may petition the Director for
representative outfall status. If it is established that the stormwater discharges are
substantially identical, and the permittee is granted representative outfall status, then
analytical sampling requirements may be performed at a reduced number of outfalls.
G-13. 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.
G-14. Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any permit
condition [40 CFR 122.41(f)].
G-15. Recording Results
For each measurement or sample taken pursuant to the requirements of this 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.
Page 24 of 36

Permit No. NCS000202
PART H: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
H-1. Proper Operation and Maintenance
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 labs
and field parameter 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)].
H-2. 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.
H-3. Draw Down of Treatment Facilities for Essential Maintenance
The permittee may draw down stormwater and wastewater treatment facilities if the
drawdown is for essential maintenance to assure efficient operation and one of the
following conditions is met:
(a) Either treatment facilities shall be drawn down from the surface, or
(b) Analytical sampling data of the water stored in the treatment facility demonstrates
that the discharge will not exceed benchmarks or violate effluent limitations in this
permit. The sampling data shall be collected no more than 14 calendar days prior to
the draw down.
H-4. Bypasses of Stormwater Control 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
Page 25 of 36

Permit No. NCS000202
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 Part HH6 of this permit.
If the Director determines that it will meet the three conditions listed above, the
Director may approve an anticipated bypass after considering its adverse effects.
H-5. Upsets
Diversions of stormwater and wastewater 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 part HH6 of this permit.
H-6. Required Notice for Bypass or Upset
After a permittee becomes aware of an occurrence that must be reported, the permittee
shall contact the Division's Asheville Regional Office within the timeframes and in
accordance with the requirements listed in Table 6 below. Occurrences outside normal
business hours may also be reported to the Department's Environmental Emergency
Hotline at [phone].
Table 6: 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
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. NCS000202
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:
Facilities applying for permit renewal: 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 this permit. 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 permit
and updated thereafter on an annual basis. Secondary containment, as specified in 13-
9 of this permit shall be accomplished prior to the beginning of stormwater
discharges from the operation of the industrial activity.
I-2. Duty to Comply
The permittee must comply with all conditions of this 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 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 $51,570 per day for each violation [33 USC
1319(d) and 40 CFR 122.41(a)(2)].
(c) The CWA provides that any person who negligently violates sections 301, 302, 306,
307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of
such sections in a permit issued under section 402 of the Act, or any requirement
imposed in a pretreatment program approved under section 402 (a) (3) or 402 (b) (8)
of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation,
or imprisonment of not more than 1 year, or both. In the case of a second or
subsequent conviction for a negligent violation, a person shall be subject to criminal
penalties of not more than $50,000 per day of violation, or by imprisonment of not
more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)].
(d) Any person who knowingly violates such sections, or such conditions or limitations
is subject to criminal penalties of $5,000 to $50,000 per day of violation, or
Page 27 of 36

Permit No. NCS000202
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) (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 $20,628 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $51,570. Penalties for Class II violations are not to exceed
$20,628 per day for each day during which the violation continues, with the
maximum amount of any Class II penalty not to exceed $257,848 [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 permit which has a reasonable likelihood of adversely affecting human
health or the environment [40 CFR 122.41(d)].
I-4. Civil and Criminal Liability
Except as provided in Part HH4 of this 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.
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Permit No. NCS000202
I-5. Oil and Hazardous Substance Liability
Nothing in this 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 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 permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit,
shall not be affected thereby [NCGS 15013-23].
I-8. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying, revoking
and reissuing, or terminating the permit issued pursuant to this permit or to determine
compliance with this permit. The permittee shall also furnish to the Director, upon request,
copies of records required to be kept by this 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 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 four years, or both [40 CFR 122.41].
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 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 six months per violation, or by both [40
CFR 122.41].
I-11. Onshore or Offshore Construction
This 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.
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Permit No. NCS000202
I-12. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration
date of this permit, the permittee must apply for and obtain a new permit [40 CFR
122.41(b)].
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 permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this 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 permit [40 CFR 122.41(c)].
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Permit No. NCS000202
Part J: Definitions
Act
See Clean Water Act.
Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as
local flooding, high winds, or electrical storms, or situations that otherwise make sampling
impractical. When adverse weather conditions prevent the collection of samples during the sample
period, the permittee must take a substitute sample or perform a visual assessment during the next
qualifying storm event. Documentation of an adverse event (with date, time and written narrative)
and the rationale must be included with 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 permit regulates stormwater discharges. However, 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, flows from riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or eye
wash as a result of use in the event of an emergency.
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
on the Environmental Protection Agency's website.
Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility
including the collection system, which is not a designed or established operating mode for the
facility.
Bulk Storage of Liquid Materials
Liquid raw materials, intermediate products, manufactured products, waste materials, or by-
products with a single above ground storage container having a capacity of greater than 660 gallons
or with multiple above ground storage containers having a total combined storage capacity of
greater than 1,320 gallons.
Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
Division or DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality.
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Permit No. NCS000202
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) must 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 North Carolina water quality 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:
(a) Water Supply Watershed I (WS-I),
(b) Water Supply Watershed II (WS-II),
(c) SA waters (commercial shellfish),
(d) Outstanding Resource Waters (ORW),
(e) Primary Nursery Areas and other functional nursery areas designated by Marine Fisheries
Commission, or
(f) Waters for which the Division of Water Resources has received a petition for reclassification
to either WS-I or WS-II.
Impaired Waters
Streams, rivers and other bodies of water that do not meet water quality standards and may require
development of a Total Maximum Daily Load (TMDL) per Section 303(d) of the federal Clean Water
Act.
Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a
land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term
storage facility or a surface storage facility.
Measurable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The previous
measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may
not apply if the permittee is able to document that a shorter interval is representative for local
storm events during the sampling period and obtains approval from the local DEMLR Regional
Office. Two copies of this information and a written request letter shall be sent to the local DEMLR
Regional Office. After authorization by the DEMLR Regional Office, a written approval letter must
be kept on site in the permittee's SWPPP.
Municipal Separate Storm Sewer System(MS41
A stormwater collection system within an incorporated area of local self-government such as a city
or town.
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Permit No. NCS000202
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 [40 CFR 122.26 (b)(14)]. 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).
Outstanding Resource Water (ORW�
Supplemental North Carolina water quality 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 the NC Division of Water
Resources, and have one of the following outstanding resource values:
(a) Outstanding fish habitat and fisheries,
(b) Unusually high level of water -based recreation or potential for such kind of recreation,
(c) Some special designation such as N.C. Scenic/Natural River, or National Wildlife Refuge,
(d) Important component of state or national park or forest; or
(e) Special ecological or scientific significance (rare or endangered species habitat, research or
educational areas).
All ORWs are also considered High Quality Waters (HQW) by supplemental classification.
Permittee
The owner or operator issued this permit, who is the legally responsible party for compliance.
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.
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 Division may grant representative outfall
status. Representative outfall status 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 of 1986;
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Permit No. NCS000202
(b) Is present at or above threshold levels at a facility subject to SARA title III, Section 313
reporting requirements; and
(c) Meets at least one of the following criteria:
1. Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table
III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
2. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
CFR 116.4; or
3. Is a pollutant for which EPA has published acute or chronic water quality criteria.
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 110.3and 40 CFR 117.3) or section
102 of CERCLA (Ref: 40 CFR 302.4).
Stormwater Discharge Associated with Industrial Activity
This term is defined in 40 CFR 122.26(14).
Stormwater Control Measure (SCMI
A permanent structural device that is designed, constructed, and maintained to remove pollutants
from stormwater runoff by promoting settling or filtration or mimic the natural hydrologic cycle by
promoting infiltration, evapotranspiration, post -filtration discharge, reuse of stormwater, or a
combination thereof.
Stormwater Control Systems
All systems at present at the facility used for the control and facilitation of stormwater, including
but not limited to, all drainage systems and all stormwater control measures and best management
practices.
Stormwater Discharge Outfall (SDOJ
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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Permit No. NCS000202
Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
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.
Stormwater Pollution Prevention Plan (SWPPPI
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 (TMDLI
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 on the Division's website.
Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Trout Water (Tr)
Supplemental NC water quality 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 NC
Wildlife Resources Commission's Designated Public Mountain Trout Waters.
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. This definition includes equipment maintenance activity that uses
hydraulic oil and that is stored or used outside, or otherwise exposed to stormwater.
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.
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.
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Permit No. NCS000202
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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