NCG080000_Draft Permit to Public Notice_20210517

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCGO80000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
For establishments primarily engaged in the following activities:
TRANSIT AND TRANSPORTATION
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 (COC) 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, in accordance with the terms and conditions set forth herein.
Coverage under this General Permit is applicable to:
♦ All owners or operators of stormwater point source discharges associated with establishments
primarily engaged in activities classified as Vehicle Maintenance Areas (including vehicle
rehabilitation, mechanical repairs, painting, fueling, lubrication, and equipment cleaning areas), Rail
Transportation [Standard Industrial Classification (SIC) 40], Local and Suburban Transit and
Interurban Highway Passenger Transportation (SIC 41), Motor Freight Transportation and
Warehousing (SIC 42), Postal Service (SIC 43), and Petroleum Bulk Stations and Terminals (SIC
5171) with total petroleum storage capacity of less than 1 million gallons;
♦ Stormwater point source discharges from like industrial activities deemed by The Division of Energy,
Mineral, and Land Resources (DEMLR) to be similar to the above operations in their processes;
discharges; and/or exposure of raw materials, intermediate products, byproducts, or waste products.
Other activities may include stormwater discharges from oil water separators, secondary containment
structures and petroleum storage facilities, and/or vehicle maintenance areas at any facilities other
than those listed.
Except upon DEMLR determination of similarity as provided immediately above, coverage under
this General Permit is not apDlicable to:
♦ Stormwater point source discharge from maintenance areas classified as Water Transportation (SIC
44), maintenance areas classified as Transportation by Air (SIC 45), wash water from steam cleaning
operations or other equipment cleaning operations, wastewater discharges from oil water separators,
and public Warehousing and Storage (SIC 4221-4225).
♦ Contaminated stormwater as defined in Part J: Definitions of this permit.
The General Permit shall become effective on July 1, 2 02 1.
The General Permit shall expire at midnight on June 30, 2025.
Signed this 30th day of June, 2021.
Signature
Brian Wrenn, Director
Division of Energy, Mineral, and Land Resources
By the Authority of the Environmental Management Commission

Permit No. NCG080000
TABLE OF CONTENTS
PART A NCGO80000 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.
Narrative Description of Stormwater BMPs
B-8.
BMPs for Vehicle and Equipment Cleaning Areas
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 Online SWPPP Certification (Forthcoming)
B-18.
Notice to Modify the SWPPP
B-19.
SWPPP Documentation
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 and Wastewater Treatment Facilities
C-7.
Upsets
C-8.
Required Notice for Bypass or Upset
PART D QUALITATIVE MONITORING OF STORMWATER DISCHARGES
D-1.
Visual Inspections
D-2.
Qualitative Monitoring Response
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Permit No. NCG080000
PART E ANALYTICAL MONITORING OF STORMWATER DISCHARGES
E-1.
Required Baseline Sampling
E-2.
Baseline Sampling Benchmarks
E-3.
Methodology for Collecting Samples
E-4.
Locations for Collecting Samples
E-5.
Tier One Response: Single Benchmark Exceedance
E-6.
Tier Two Response: Two Consecutive Benchmark Exceedances
E-7.
Tier Three Response: Four Benchmark Exceedances Within Five Years
PART F DISCHARGE LIMITATIONS AND ANALYTICAL MONITORING REQUIREMENTS — OIL
WATER SEPARATORS, PETROLEUM BULK STATIONS, AND TERMINALS
F-1. Authorized Stormwater Discharges
F-2. Required Baseline Sampling
F-3. Discharge Limitations for Stormwater Discharge
F-4. Methodology for Collecting Samples
F-5. Locations for Collecting Samples
PART G SUBMITTAL OF DISCHARGE MONITORING REPORTS (DMRs)
G-1.
Deadlines for Submittal for Discharge Monitoring Reports (DMRs)
G-2.
Discharge Monitoring Report (DMR) Forms
G-3.
Signature Requirements on Discharge Monitoring Reports (DMRs)
G-4.
Results Below Detection Limits
G-5.
Occurrences of No Discharge
G-6.
Reports Required if More Frequent Monitoring Has Occurred
G-7.
Report if Begin Discharging to a Waterbody Not Listed in the Notice of Intent
G-8.
Submittal Process before Electronic Discharge Monitoring Reporting (eDMR)
G-9.
Submittal Process after Electronic Discharge Monitoring Reporting (eDMR)
G-10.
Qualitative Monitoring Reports
G-11.
Monitoring Report Retention
PART H OTHER OCCURANCES THAT MUST BE REPORTED
PART I PERMIT ADMINISTRATION
I-1. Signatory Requirements
I-2. General Permit Expiration
I-3. Planned Changes
I-4. Transfers
I-5. When an Individual Permit May be Required
I-6. When an Individual Permit May be Requested
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Permit No. NCG080000
I-7. General Permit Modification, Revocation and Reissuance, or Termination
I-8. Certificate of Coverage Actions
I-9. Requirement to Report Incorrect Information
I-10. Waivers from Electronic Reporting
I-11. Annual Administering and Compliance Monitoring Fee Requirements
I-12. Flow Measurements
I-13. Test Procedures
I-14. Availability of Reports
PART J COMPLIANCE AND LIABILITY
J-1.
Compliance Schedule
J-2.
Duty to Comply
J-3.
Duty to Mitigate
J-4.
Civil and Criminal Liability
J-5.
Oil and Hazardous Substance Liability
J-6.
Property Rights
J-7.
Severability
J-8.
Duty to Provide Information
J-9.
Penalties for Tampering
J-10.
Penalties for Falsification of Reports
J-11.
Onshore or Offshore Construction
J-12.
Duty to Reapply
J-13.
Inspection and Entry
J-14.
Need to Halt or Reduce not a Defense
PART K DEFINITIONS
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Permit No. NCG080000
PART A: NCG08 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 the filing of a Notice of
Intent (NOII and applicable fees. The NOI shall be submitted and a Certificate of Coverage
COC issued prior to any discharge of stormwater associated with industrial activity to the
surface waters of the state or to a municipal separate storm sewer system (MS4) conveying
discharges to surface waters.
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 been revoked or rescinded. 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 rescinded 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 is for one or more watersheds with one or more impaired waters. The TMDL sets
one or more pollutant -loading limit(s) that affect(s) one or more watersheds, or portion of a
watershed, draining to one or more impaired waters. A list of approved TMDLs for the state
of North Carolina can be found at https://deq.nc.gov/about/divisions/water-
resources [planning/modeling-assessment/tmdls. 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 although there is not a TMDL for every impaired
water, the permittee must identify impaired waters in the General Location Map, as outlined
in Part B of this permit. The Department of Environmental Quality - Division of Water
Resources integrated reports (https://deg.nc.gov/about/divisions/water-
resources [planning/modeling-assessment/water-quality-data-assessment/integrated-
report-files) include assessments of waters monitored in North Carolina. Use the most
recent final report to identify impaired waters.
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Permit No. NCG080000
Until this permit expires or is modified, rescinded, or revoked, the permittee is authorized
to discharge stormwater to the surface waters of North Carolina or a MS4 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 2H .0500.
If industrial activities 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. [e. g., take of
Endangered Species Act (ESA) -protected species prohibited under section 9 of the ESA].
The US Fish and Wildlife Service and the National Marine Fisheries Service can provide
technical assistance to avoid violation of the ESA section 9 prohibition against take.
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Permit No. NCG080000
PART B: STORMWATER POLLUTION AND 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 (BMPsI
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 II8 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 (MS4J, the name of the
municipality and the ultimate receiving waters; and
(c) Any impaired receiving waters, use the most recent final integrated report
(https://deq.nc.govlabout/divisions/water-resources/planning/modeling-
assessment/water-quality-data-assessment/integrated-report-files) to identify impaired
waters;
(d) If the site is in a watershed for which a Total Maximum Daily Load (TMDLI has been
established, include a list of the parameter(s) of concern (those exceeding water quality
standards).
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, but not limited to: fueling, vehicle maintenance
and repair, washing of materials or equipment, storage of materials, disposal areas,
process areas, loading and unloading areas, and haul roads);
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Permit No. NCG080000
(e) Stormwater discharge outfalls (SDOs) and a table of their latitudes and longitudes;
(f) Drainage area for each outfall with an estimation of impervious area percentage;
(g) Stormwater Control Measures (SCMs);
(h) All stormwater collection/drainage features, structures and direction of flow;
(i) Onsite 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 SDO.
B-5. Feasibility Study
The SWPPP must 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 precipitation 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 stormwater runoff away
from areas of potential contamination.
B-6. Evaluation of Stormwater Outfalls
On an annual basis, the permittee shall evaluate all SDOs 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 II1.
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. The BMP
Summary shall be reviewed and updated annually.
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Permit No. NCG080000
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 vehicle maintenance activities;
(d) If remote fueling (or other vehicle maintenance activities) are conducted at offsite
locations, but coordinated from the permitted facility, BMPs used to prevent and/or
minimize the contamination of stormwater from such activities; and
(e) BMPs to prevent or minimize the contamination of stormwater runoff from areas
used for locomotive sanding. The facility shall consider covering sanding areas,
minimizing stormwater runoff/run-on, appropriate sediment removal practices to
minimize the offsite transport of sanding material by stormwater, or other
equivalent measures (applicable to Rail Transportation only).
B-8. BMPs for Vehicle and Equipment Cleaning Areas
The plan must describe measures that prevent or minimize contamination of the
stormwater runoff from all areas used for vehicle and equipment cleaning. The facility shall
consider:
(a) Performing all cleaning operations indoors;
(b) Covering the cleaning operations;
(c) Ensuring that all wash waters drain to the sanitary sewer system (i.e. not the
stormwater drainage system, unless permitted by another NPDES general or
individual permit);
(d) Collecting the stormwater runoff from the cleaning area; and
(e) Providing treatment or recycling, or other equivalent measures.
If sanitary sewer is not available to the facility and cleaning operations take place outdoors,
the cleaning operations shall take place on grassed or graveled areas to prevent point
source discharges of the wash water into the storm drain or surface waters. Where cleaning
operations cannot be performed as described above and when operations are performed in
the vicinity of a storm drainage collection system, the drain shall be covered with a portable
drain cover during cleaning activities. Any excess ponded water shall be removed and
properly handled by a pump to a sanitary sewer system prior to removing the drain cover.
Detergents used outdoors shall be biodegradable and the pH adjusted to be in the range of 6
to 9 Standard Units (SU).
The point source discharge of vehicle and equipment wash waters, including tank cleaning
operations, are not authorized by this permit and must be covered under a separate NPDES
general or individual permit, or discharged to a sanitary sewer in accordance with the
applicable industrial wastewater pretreatment operations.
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Permit No. NCG080000
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 federal Spill Prevention, Control, and Countermeasure (SPCC)
regulations, 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 a
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 onsite 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;
(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 an annual
basis.
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Permit No. NCG080000
B-11. Solvent Management Plan
The Solvent Management Plan (SMP) shall be incorporated as a separate chapter into the
SWPPP. The SMP shall include:
(a) An annually updated and quantified inventory of solvents present on site during the
previous three (3) 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. The
Division may, at its discretion, require submittal, review, and approval of the SMP. The
permittee shall include the following signed certification statement on each Discharge
Monitoring Report (DMR):
"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 of stormwater
control systems, BMPs, and 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 quarterly schedule (January -March, April -June, July -September,
October -December).
(b) A plan for disposing spent lubricants and fuels properly and in accordance with
applicable federal disposal regulations; and
(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
employee trained.
The annual employee training shall include, at a minimum, the following topics:
(a) General stormwater awareness;
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Permit No. NCG080000
(b) Spill response training;
(c) Used oil management;
(d) Spent solvent management;
(e) Secondary containment releases;
(f) Fueling procedures;
(g) Disposal of spent abrasives;
(h) Sanding, painting, and blasting procedures; and
(i) 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 (ROSI. 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 is exempted from analytical
monitoring requirements under this permit.
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 DMR Form,
available from the Stormwater Program's website.
B-17. Annual Online SWPPP Certification (Forthcoming)
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 will be required.
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Permit No. NCG080000
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 II-77 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 to the Division upon
request. These records or copies shall be maintained for a period of at least five (5) years.
This period may be extended by request of the Director at any time [40 CFR 122.41].
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Permit No. NCG080000
PART C: OPERATIONAL REQUIREMENTS
Permitted 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 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)].
C-2. SCM Clean -Out
Stormwater Control Measures (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 Best Management Practices
BMPs . Corrective actions shall be completed as soon as possible, considering adverse
weather and site conditions.
C-5. Drawdown 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 the benchmarks in this permit. The sampling data
shall be collected no more than 14 calendar days prior to the drawdown.
(c) The drawdown is for essential maintenance to assure efficient operation.
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Permit No. NCG080000
C-6. 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
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 and wastewater from treatment facilities may be considered as an
upset rather than a bypass 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 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
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.
Page 11 of 38

Permit No. NCG080000
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 Stormwater Pollution Prevention Plan
(SWPPPI, 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 QMR.
D-2. Qualitative Monitoring Response
(a) If the permittee's qualitative monitoring indicates that the SWPPP and/or existing
stormwater Best Management Practices (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 60 days.
(b) A written record of the permittee's investigation, evaluation, and response actions
shall be kept in the SWPPP.
Page 12 of 38

Permit No. NCG080000
PART E: ANALYTICAL MONITORING OF STORMWATER DISCHARGES
Facilities that have any vehicle or equipment maintenance activity occurring onsite which
uses more than 55 gallons of new motor oil and/or hydraulic oil per month when averaged
over the calendar year shall perform analytical monitoring as specified in this part.
Analytical monitoring shall be performed at all stormwater discharge outfalls (SDOs) that
discharge stormwater from areas in which vehicle maintenance activity takes place.
E-1. Required Baseline Sampling
The permittee shall perform baseline sampling of all SDOs and/or authorized outfalls with
representative outfall status (ROSj in accordance with this part.
(a) Grab samples shall be collected, analyzed and reported for the parameters listed in
Table 2 below, except for Total Rainfall, which shall be monitored according to part
E-1 c of this permit.
(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 four separate monitoring periods per year unless
the facility is in Tier Two or Tier Three status. A minimum of 30 days must separate
any two sampling events during the following periods:
• January 1 - March 31,
• April 1- June 30,
• July 1 - September 30, and
• October 1 - December 31.
(e) If the facility was in Tier Two or Tier Three status under the previous permit, the
facility shall continue monthly monitoring and reporting requirements until
relieved by the provisions of this permit or the Division
E-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 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
outfall. A single exceedance of a benchmark value shall require a Tier One response
for that outfall. Two benchmark value exceedances for the same parameter in a row
shall require a Tier Two response for that outfall. Four benchmark exceedances for a
single parameter within a five (5) year period shall require a Tier Three response
for that outfall.
(c) Baseline sampling benchmarks for shall be in accordance with Table 2 below.
Page 13 of 38

Permit No. NCG080000
Table 2: Summary of Quarterly Baseline Sampling Requirements for Stormwater
Discharges
Parameter
Receiving Stream
Code for
Parameter
Classification(s)1
Benchmark
Reporting
00400
pH1
All
6-9 SU
All except below
100 mg/L
C0530
Total Suspended Solids (TSS)
HQW/ORW Tr, PNA
50 mg/L
46529
Total Rainfall of Sampled Event
All
N/A (Inches)
00552
Non -polar Oil & Grease
All
15 mg/L
per EPA Method 1664 (SGT-HEM)
NCOIL
New Motor Oil or Hydraulic Oil
All
N/A
Usage
(Gal/Month)
Grab samples shall be analyzed for pH within 15 minutes.
E-3. Methodology for Collecting Samples
(a) Outfall monitoring efforts shall begin with the first measurable storm event in the
monitoring period that meets all the following conditions:
i. Occurs at least 72 hours after the previous measurable storm event unless E-
3 (b) applies,
ii. Occurs during the facility's normal operating hours,
iii. Does not coincide with adverse weather conditions, and
iv. Is characteristic of the volume and nature of the permitted discharge.
(b) The 72-hour storm interval may not apply if:
i. The permittee is able to document that a shorter interval is representative for
local storm events during the sampling period, and
ii. The permittee obtains approval from the Division's Regional Office.
iii. After authorization by the Division's Regional Office, a written approval letter
must be kept on site in the permittee's SWPPP.
(c) Samples collected shall be characteristic of the volume and nature of the permitted
discharge.
(d) Grab samples shall be collected within the first 30 minutes of discharge from an
outfall and continue until all outfalls that are discharging have been sampled.
(e) Outfalls that are not sampled during the first measurable storm event in the
monitoring period shall be sampled during the next measurable storm event in the
monitoring period until a sample has been collected.
Page 14 of 38

Permit No. NCG080000
(f) If, during the entire monitoring period, there is no discharge from an outfall during
any measurable storm event then the permittee shall:
Report "No Discharge" in the DMR,
ii. Note "No Discharge" in the SWPPP, and
iii. Submit the DMR within 30 days after the end of the monitoring period.
(g) Lack of a discharge from an outfall for the monitoring period shall not constitute
failure to monitor as long as the above permit conditions are met.
(h) If the sampled storm event coincides with a known non-stormwater discharge that
is deemed permitted under 15A NCAC 02 .0106, then this shall be noted on the DMR.
E-4. Locations for Collecting Samples
Samples shall be collected at all SDOs that discharge stormwater associated with industrial
activity. If the Division has issued a ROS approval letter, then the permittee shall collect
samples from 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 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
The facility will remain in Tier One status until three (3) consecutive samples are under the
benchmark or are inside the benchmark range for all parameters.
(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 shall individually require a Tier One response.
(d) The Tier One response shall be in accordance with Table 3 below.
Page 15 of 38

Permit No. NCG080000
Table 3: Tier One Response for a Benchmark Exceedance
Timeline from
Receipt of Sampling
Tier One Required Response/Action
Results
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
The facility will remain in Tier Two status until three (3) consecutive samples are under the
benchmark or are inside the benchmark range for all parameters.
(a) If any two consecutive sampling results in a row for the same parameter are above
the benchmark value at an outfall, then the permittee shall respond in accordance
with Table 4 to identify and address the source of exceedances for that parameter.
(b) After implementing the specific feasible courses of action, perform monthly
monitoring at every outfall where a sampling result exceeded the benchmark value
for two consecutive samples for all parameters until three samples in a row are
below the benchmark value or are inside the benchmark range.
(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.
(e) The Tier Two response shall be in accordance with Table 4 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.
Page 16 of 38

Permit No. NCG080000
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
ii. Notify the Division's 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.
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 the Permit Term
The facility will remain in Tier Three status until three (3) consecutive samples are under
the benchmark or are inside the benchmark range for all parameters.
(a) If any four sampling results within the permit term 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 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).
(c) The permittee shall keep the Action Plan in the SWPPP and document when each
specific action was carried out and by whom.
Page 17 of 38

Permit No. NCG080000
(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 the Permit Term
Timeline from
Receipt of Fourth
Tier Three Required Response/Action
Sampling Result
Continuously
i. Document the exceedances and each required response/action in
the SWPPP in accordance with E-7 c above.
ii. Implement or continue monthly monitoring for all parameters
at the subject outfall and continue until three samples in a row
are below the benchmark value.
Within two weeks
iii. Notify the Division's Regional Office in writing of the affected
outfall, four exceedance dates and values.
iv. Conduct a stormwater management inspection.
v. Identify and evaluate possible causes of the benchmark
exceedance.
Within one month
vi. Prepare an Action Plan that should include 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 and submit to
the Division's Regional Office for review and approval.
Upon Division
vii. Implement the approved Action Plan.
Approval
Upon Completion of
viii. Notify the Division's Regional Office of Action Plan completion.
Approved Action Plan
Page 18 of 38

Permit No. NCG080000
PART F: DISCHARGE LIMITATIONS AND ANALYTICAL MONITORING
REQUIREMENTS - OIL WATER SEPARATORS, PETROLEUM BULK
STATIONS, AND TERMINALS
F-1. Authorized Stormwater Discharges
(a) During the term of the permit, the permittee is authorized to discharge stormwater
from oil water separators and/or petroleum bulk stations and terminals secondary
containment areas subject to the provisions of this permit.
(b) This permit only applies to stormwater discharges from oil water separators and/or
petroleum bulk stations and terminals secondary containment areas as described in
F-1 a . Wastewater discharges from these devices are a violation of the terms of the
permit.
(c) The permit limitations in Table 6 only apply to oil water separators, containment
structures at petroleum bulk stations and terminals with a total petroleum storage
capacity of less than 1 million gallons, or other stormwater discharges that have
been specifically designated by the Division as subject to the discharge
requirements in the permit. Therefore, unless specified differently by the Division,
discharges from oil water separators or from secondary containment areas that are
associated with vehicle maintenance activities at facilities categorically captured by
the federal NPDES Stormwater Program are otherwise subject to Part E of this
General Permit.
F-2. Required Baseline Sampling
The permittee shall perform baseline sampling of all Stormwater Discharge Outfalls (SDOs)
and/or authorized representative discharge outfalls that fall under FF=1 in accordance with
this part.
(a) Grab samples shall be collected, analyzed and reported for the parameters listed in
Table 6 below, except for Total Rainfall, which shall be monitored according to part
F12 c of this permit.
(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 four separate monitoring periods per year from the
devices described in F-1. A minimum of thirty (30) days must separate any two
sampling events during the following periods:
• January 1 - March 31,
• April 1- June 30,
• July 1 - September 30, and
• October 1 - December 31.
Page 19 of 38

Permit No. NCG080000
F-3. Discharge Limitations for Stormwater Discharges as Designated by the Division
(a) Analytical results for each parameter shall be compared to the discharge limitation
values for the appropriate receiving stream classification as provided in Table 6.
Unlike the benchmark values listed in Part E, an exceedance of a discharge limitation
for an oil water separator, petroleum bulk station, and/or terminal results in a
violation of the permit conditions and may be subject to enforcement action as
specified in PartJ of this permit.
(b) Sample results that exceed a limitation must be submitted to the appropriate
Regional Office no later than 30 days from the date that the facility receives the
sampling results.
(c) Discharge limitations for the devices described in FF=1 shall be in accordance with
Table 6 below.
Table 6: Discharge Limitations for Stormwater Discharges
Parameter
Receiving Stream
Limitations
Code for
Parameter
Classification)
and Units
Reporting
00400
pH
All
6-9 SU
All except below
100 mg/L
CO530
TSS
/ORW Zr-, PNA
50 mg/L
46529
Total Rainfall
All
N/A (Inches)
00552
Non -polar Oil & Grease
All
15 mg/L
per EPA Method 1664 SGT-HEM
NCOIL
New Motor Oil or Hydraulic Oil
All
N/A
Usage
(Gal/Month)
Grab samples for pH must be analyzed within 15 minutes.
F-4. Methodology for Collecting Samples
(a) Outfall monitoring efforts shall begin with the first measurable storm event in the
monitoring period that occurs during the facility's normal operating hours.
(b) Sampling is not required to be performed during adverse weather conditions.
(c) Samples collected shall be characteristic of the volume and nature of the permitted
discharge.
(d) Grab samples shall be collected within the first 30 minutes of discharge from an outfall
and continue until all outfalls that are discharging have been sampled.
(e) Outfalls that are not sampled during the first measurable storm event in the monitoring
period shall be sampled during the next measurable storm event in the monitoring
period until a sample has been collected.
Page 20 of 38

Permit No. NCG080000
(f) If, during the entire monitoring period, there is no discharge from an outfall during any
measurable storm event then the permittee shall:
Report "No Discharge" in the DMR,
ii. Note "No Discharge" in the SWPPP, and
iii. Submit the DMR within 30 days after the end of the monitoring period.
(g) Lack of a discharge from an outfall for the monitoring period shall not constitute failure
to monitor as long as the above permit conditions are met.
(h) If the sampled storm event coincides with a known non-stormwater discharge that is
deemed permitted under 15A NCAC 02 .0106, then this shall be noted on the DMR.
F-5. Locations for Collecting Samples
Samples shall be collected at all SDOs that discharge stormwater associated with industrial
activity as described in part FF=1. If the Division has issued a representative outfall status
ROS approval letter, then the permittee shall collect samples from 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 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.
Page 21 of 38

Permit No. NCG080000
PART G: SUBMITTAL OF DISCHARGE MONITORING REPORTS (DMRs)
G-1. Deadlines for Submittal of Discharge Monitoring Reports
Discharge Monitoring Reports (DMRs) shall be submitted in accordance with Table 7 below.
For Certificates of Coverage (COCsI issued between March 1-31, June 1-30, September 1-30
or Dec 1-31, sampling shall not commence until the next sampling period following initial
issuance of the COC.
Table 7: Reporting Requirements
Monitoring Period
DMR Type
Deadline
Notes
Jul 1, 2021 - Sep 30, 2021
Paper'
30 days after
the monitoring
The deadline to register in
period ends
eDMR is Jul. 1, 2021
30 days after
Oct 1, 2021 - Dec 31, 2021
Paper'
the monitoring
period ends
Jan 1, 2022 - Mar 30, 2022
30 days after
and all subsequent monitoring
Electronic2
the monitoring
g
The deadline to report in
eDMR is Jan. 1, 2022
periods
period ends
1. Paper DMRs will be submitted in accordance with GG=8.
2. Electronic DMRs will be submitted in accordance with G-9.
G-2. Discharge Monitoring Report (DMR) Forms
Samples analyzed in accordance with the terms of this General Permit shall be recorded on
Discharge Monitoring Report (DMR) forms provided by the Director. DMR forms are
available on the Division's website (httl2s:1Ideq.nc.gov/about/divisions/energy-mineral-
land-resources/npdes-industrial-stormwater).
G-3. Signature Requirements on Discharge Monitoring Report (DMR) Forms
DMRs shall be signed and certified by a person meeting the Signatory requirements in II-11.
G-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.
G-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 Annual Summary DMR referenced in B-16.
G-6. Reports 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
Page 22 of 38

Permit No. NCG080000
specified in this General Permit, the results of such monitoring shall be included in the data
submitted on the DMR. Analytical results within the monitoring period shall be submitted
no later than 30 days from the date the facility receives all the sampling results. For
purposes of benchmark comparison and Tiered Response actions, the permittee shall use
the analytical results from the first sample with valid results. The permittee is encouraged
to take more samples than required by permit during a monitoring period to help identify
potential causes of exceedance(s). When taking additional samples, the permittee may not
use the additional sample with lowest results for compliance purposes to avoid taking
actions to identify causes of parameter exceedances. Additional sampling is only for
informational purposes.
G-7. Report if Begin Discharging to a Waterbody Not Listed on the COC
The permittee shall request a modification to the COC from the Division prior to discharging
to a new Stormwater Discharge Outfall (SDO) to a waterbody that is not listed on the most
current COC.
G-8. Submittal Process before Electronic Discharge Monitoring Reporting (eDMR)
Original, signed DMR forms shall be scanned and uploaded to the electronic DMR submittal
form, which can be found at deq.nc.gov/SW-Industrial. Additionally, the original signed
DMR Forms shall be mailed or otherwise delivered to the appropriate Regional Office.
G-9. Submittal Process after Electronic Discharge Monitoring Reporting (eDMR)
Permittees shall register in eDMR prior to January 1, 2022 and shall begin reporting
discharge monitoring data using eDMR prior to June 1, 2022. Information about eDMR can
be found at https://deq.nc.gov/deq.nc.gov/sw-edmr.
G-10. Qualitative Monitoring Reports
The permittee shall record the required qualitative monitoring observations on the SDO
Qualitative Monitoring Report (QMR) form provided by the Division and shall retain the
completed forms on site. QMRs shall not be submitted to the Division, except upon the
Division's specific requirement to do so. QMR forms are available on the Division's website.
G-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 five (5) years from the date of the sample, measurement, report or NOI 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) DMRs and eDMR or other electronic DMR report submissions,
(d) Qualitative monitoring records, and
(e) Copies of all data used to complete the NOI to be covered by this General Permit.
Page 23 of 38

Permit No. NCG080000
PART H: OTHER OCCURENCES THAT MUST BE REPORTED
After becoming 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 8.Occurrences outside normal business hours may be reported
to the Department's Environmental Emergency Center personnel at [phone].
Table 8: Other Occurrences that Shall Be Reported
Occurrence
Reporting Timeframes (After Discovery) and
Other Requirements
(a) Within 24 hours, an oral or electronic notification.
(b) Within 7 calendar days, a report that contains a
description of the sediment and actions taken to address
Visible sedimentation in a stream
the cause of the deposition. Division staff may waive the
or wetland
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
(a) 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
(a) Within 24 hours, an oral or electronic notification. The
under Section 311 of the Clean
Water Act (40 CFR 110.3; 40 CFR
notification shall include information about the date, time,
117.3) or sec 102 of CERCLA (40
nature, volume and location of the spill or release.
CFR 302.4) or G.S. 143-215.85
Anticipated bypasses [40 CFR
(a) A report at least ten days before the date of the bypass, if
122.41(m)(3)]
possible. The report shall include an evaluation of the
anticipated quality and effect of the bypass.
Unanticipated bypasses [40 CFR
(a) Within 24 hours, an oral or electronic notification.
122.41(m)(3)]
(b) Within 7 calendar days, a report that includes an
evaluation of the quality and effect of the bypass.
(a) Within 24 hours, an oral or electronic notification.
(b) Within 7 calendar days, a report that contains a
Noncompliance with the
description of the noncompliance, and its causes; the period
conditions of this permit that may
of noncompliance, including exact dates and times, and if
endanger health or the
the noncompliance has not been corrected, the anticipated
environment. [40 CFR
time noncompliance is expected to continue; and steps
122.41(1)(7)]
taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance. [40 CFR 122.41(1)(6).
(c) Division staff may waive the requirement for a written
report on a case -by -case basis.
Page 24 of 38

Permit No. NCG080000
PART I: PERMIT ADMINISTRATION
I-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 (N0ls) 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 the General Permit and other information requested by the
Permit Issuing Authority shall be signed by a person described in I-1 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 L!Lbj 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 I-1 b must be
submitted to the Director prior to or together with any reports, information, or
applications to be signed by an authorized representative [40 CFR 122.221.
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Permit No. NCG080000
(d) Certification. Any person signing a document under I-1 a or I-1 U , 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."
I-2. General Permit Expiration
General Permits will be effective for a term not to exceed five (5) 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 NOI to be covered and obtain a Certificate of
Coverage (COC) under the renewed General Permit [15A NCAC 02H .0127(e)].
I-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).
I-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 COC, 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.
I-5. When an Individual Permit May be Required
The Director may require any owner/operator authorized to discharge under a COC issued
pursuant to this General Permit to apply for and obtain an individual permit or an
alternative General Permit. Any interested person may petition the Director to take action
under this paragraph. Cases where an individual permit may be required include, but are
not limited to, the following:
(a) The discharger is a significant contributor of pollutants;
(b) Conditions at the permitted site change, altering the constituents and/or
characteristics of the discharge such that the discharge no longer qualifies for a
General Permit;
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Permit No. NCG080000
(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 their own discretion that an individual permit is required.
I-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.
I-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 COC shall expire
when the General Permit is terminated.
I-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)].
I-9. Requirement to Report Incorrect Information
Where the permittee becomes aware that it failed to submit any relevant facts in a NOI to be
covered under this General Permit, or submitted incorrect information in that NOI
application or in any report to the Director, it shall promptly submit such facts or
information [40 CFR 122.41(1)(8)].
I-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.
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Permit No. NCG080000
The permittee may seek a temporary electronic reporting waiver from the Division. To
obtain an electronic reporting waiver, the 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 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 reapplies 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 Division's website.
I-11. Annual Administering and Compliance Monitoring Fee Requirements
The permittee must pay the administering and compliance monitoring fee within 30 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 the Division to initiate action to revoke coverage
under the General Permit.
I-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.
I-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
with the lowest possible detection and reporting level) approved method must be used.
I-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. NCG080000
PART J: COMPLIANCE AND LIABILITY
J-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 (SWPPP) shall be developed and
implemented within 12 months of the effective date of the Certificate of Coverage
COC 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 COC.
(b) New Facilities applying for coverage for the first time: The SWPPP 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-9 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 COC. New elements of the SWPPP 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-9 of this General Permit shall be
accomplished prior to the beginning of discharges from the operation of the
industrial activity.
J-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 $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
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Permit No. NCG080000
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 one (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 two (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 three (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 six (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 CWA, 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
they thereby place another person in imminent danger of death or serious bodily
injury, shall, upon conviction, be subject to a fine of not more than $250,000 or
imprisonment of not more than 15 years, or both. In the case of a second or
subsequent conviction for a knowing endangerment violation, a person shall be
subject to a fine of not more than $500,000 or by imprisonment of not more than 30
years, or both. An organization, as defined in section 3 09 (c) (3) (B) (iii) of the Act,
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)].
J-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. NCG080000
J-4. Civil and Criminal Liability
Except as provided in Part C-6 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.
J-5. Oil and Hazardous Substance Liability
Nothing in this General Permit shall be construed to preclude the institution of any legal
action or relieve the permittee from any responsibilities, liabilities, or penalties to which the
permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal Act, 33 USC 1321.
J-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)].
J-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].
J-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)].
J-9. Penalties for Tampering
The CWA 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 (2) 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 (4) years, or both [40 CFR 122.41].
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Permit No. NCG080000
J-10. Penalties for Falsification of Reports
The CWA 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 (2) years per violation, or
by both [40 CFR 122.41].
J-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.
J-12. Duty to Reapply
Dischargers covered by this General Permit need not submit a new Notice of Intent (N0I) 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)].
J-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 (MS4), 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)].
J-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)].
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Permit No. NCG080000
PART K: DEFINITIONS
Additional definitions for the NPDES Program may be found in 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 firefighting or firefighting 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 at: http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm.
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. NCG080000
Certificate of Coverage (COC)
The cover sheet which accompanies a general permit upon issuance and lists the facility
name, location, receiving stream, river basin, and 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 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 (15A NCAC 02B .0200).
Impaired Water
A water that has one or more parameters (biological and/or chemical) that exceed water
quality standards
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Permit No. NCG080000
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 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
Regional Office, a written approval letter must be kept on site in the permittee's SWPPP.
Note: If a constant non-stormwater discharge is present at anygiven outfall, the above storm
interval requirement may not apply.
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 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 Huh Quality Waters (HQW) by supplemental classification.
Permit Issuing Authority
The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above).
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Permit No. NCG080000
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, tunnel, 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 02B .0200)
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). 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.
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Permit No. NCG080000
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 setline or filtration; or to mimic the
natural hydrologic cycle by promoting infiltration, evapo-transpiration, post -filtration
discharge, reuse of stormwater, or a combination thereof.
Stormwater Discharge Outfall (SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance,
including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or
channelized collection areas, from which stormwater flows directly or indirectly into waters
of the State of North Carolina.
Stormwater 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 httD://Dortal.ncdenr.ora/web/wa/ns/mtu/tmdl.
Toxic Pollutant
Any pollutant listed as toxic under Section 307(a) (1) of the Clean Water Act.
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Permit No. NCG080000
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 (15A NCAC 02B
.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.
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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