HomeMy WebLinkAboutNCS000010_FINAL PERMIT_20121210----- STORMWATER-DIVISION-CODfNGSHEET-__""-
PERMIT NO.
DOC TYPE
Rr FINAL PERMIT
❑ MONITORING INFO
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ a D I a I. 1 0
YYYYM M DD
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
Decemher 10, 2012
Dieter Bettinger
Evonik Corporation
2401 Doyle St
Greensboro, NC 27406
Subject: Final NPDES Stormwater Permit
Permit No. NCS000010
Evonik Corporation
Formerly Evonik Stockhausen LLC
Guilford County
Dear Mr. Bettinger:
Division personnel received your request to revise your Stormwater permit to accurately reflect your
new company and facility name.
Please find enclosed the revised Permit. The terms and conditions contained in the Permit remain
unchanged and in full effect. This revised Permit issued under the requirements of North Carolina
General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S.
Environmental Protection Agency. -
If you have any questions, please contact the Stormwater Permitting Unit at 919-807-6300.
Sincerely,
ORIGINAL SIGNED B)
KEN PICKLE
for Charles Wakild, P.E.
Cc: Winston-Salem Regional Office
Central Files
Stormwater Permitting Unit
Wetlands and Stormwater Branch
1617 Mail Service Center, Ralegh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Ralegh, North Carolina 27604
Phone: 91 M07-63001 FAX: 919807-64941 Customer Service: 1.877-623-6748
T.1One 4.
1 v otrt11 Cal OI1 I n a
Internet:w .ncvvaterquality.org
Naturally
An Equal Opportunity 1 Affirmative Action Employer
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission,
and the Federal Water Pollution Control Act, as amended,
Evonik Corporation
is hereby authorized to discharge stormwater from a facility located at
Evonik Corporation
2401 Doyle St
Greensboro
Guilford County
to receiving waters designated as Mile Run Creek, a class WS-IV; NSW, waters in the Cape Fear River
Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth
in Parts 1, 11, III, IV, V and VI hereof.
This permit shall become effective December 10, 2012.
This permit and authorization to discharge shall expire at midnight on January 31, 2015.
Signed this day December 10, 2012. ORIGINAL SIGNED B)
KEN PICKLE
for
Charles Wakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
NCS000010
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE STORMWATER UNDER TIAE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
EVONIK STOCKHAUSEN, LLC
is hereby authorized to discharge stormwater from a facility located at
Evonik Stockhausen, LLC
2401 Doyle Street
Greensboro. NC
Guilford County
to receiving waters designated as Mile Run Creek, a class WS-V; NSW stream in the Cape Fear
River Basin, in accordance with the discharge limitations, monitoring requirements, and other
conditions set forth in Parts 1, 11, III, IV, V and VI hereof.
This permit shall become effective February I, 2010.
This permit and the authorization to discharge shall expire at midnight on January 3I, 2015.
Signed this day January 8, 2010.
for Coleen H. Sullins Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCS000010
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART It MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A:
Stormwater Pollution Prevention Plan
Section B:
Analytical Monitoring Requirements
Section C:
Qualitative Monitoring Requirements
Section D:
On -Site Vehicle Maintenance Monitoring Requirements
PART III STANDARD CONDITIONS FORNPDES STORMWATER INDIVIDUAL
PERMITS
Section A: Compliance and Liability
1.
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
5.
Oil and Hazardous Substance Liability
6.
Property Rights
7.
Severability
8.
Duty to Provide Information
9.
Penalties for Tampering
10.
Penalties for Falsification of Reports
Section B: General
Conditions
1.
Individual Permit Expiration
2.
Transfers
3.
Signatory Requirements
Permit No. NCS000010
4. Individual Permit Modification, Revocation and Reissuance, or
Termination
5. Permit Actions
Section C: Operation and Maintenance of Pollution Controls
I .
Proper Operation and Maintenance
2.
Need to I-Falt or Reduce Not a Defense
3.
Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
I.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting Requirements
l . Discharge Monitoring Reports
2. Submitting Reports
3. Availability of Reports
4. Non-Stormwater Discharges
5. Planned Changes
6. Anticipated Noncompliance
7. Spills
8. Bypass
9. Twenty-four Hour Reporting
10. Other Noncompliance
11. Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
ii
Permit No. NCS000010
PART 1 INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge stormwater associated with industrial activity. Such
discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40
CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater
discharge permit requirements. Any owner or operator wishing to obtain a No Exposure
Certification must submit a No Exposure Certification NOI form to the Division; must receive
approval by the Division; must maintain no exposure conditions unless authorized to discharge
under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once
every five (5) years.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system that has been
adequately treated and managed in accordance with the terms and conditions of this individual
permit. All stormwater discharges shall be in accordance with the conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or approval.
The stormwater discharges allowed by this individual permit shall not cause or contribute to
violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Part I Page 1 of 2
SECTION C: LOCATION MAP
Permit No. NCSOOOO 10
NCS000010
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143P SC,31e 1,'20,000
Evonik Stockhausen, LLC
Lab tijde: 360 02' 38 " N
Longitude: 790 47' 16" W
County: Guilford
Receiving Stream: Mile Run Creek
Stream Class: WS-V; NSW
Sub -basin: 03-06-02 (Cape Fear River Basin)
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Facility Location
Part I Page 2 of 2
Permit No. NCS000010
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as
the Plan. This Plan shall be considered public information in accordance with Part III, Standard
Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a
minimum, the following items:
Site Plan. The site plan shall provide a description of the physical facility and the
potential pollutant sources which may be expected to contribute to contamination of
stormwater discharges. The site plan shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted
equivalent map), showing the facility's location in relation to transportation routes
and surface waters, the name of the receiving water(s) to which the stormwater
outfall(s) discharges, or if the discharge is to a municipal separate storm sewer
system, the name of the municipality and the ultimate receiving waters, and
accurate latitude and longitude of the point(s) of discharge. The general location
map (or alternatively the site map) shall identify whether each receiving water is
impaired (on the state's 303(d) list of impaired waters) or is located in a
watershed for which a TMDL has been established, and what the parameter(s)
of concern are.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants which
could be expected to be present in the stormwater discharge from each outfall.
(c) A site map drawn to scale (including a distance legend) showing: the site property
boundary, the stormwater discharge outfalls, all on -site and adjacent surface
waters and wetlands, industrial activity areas (including storage of materials,
disposal areas, process areas, loading and unloading areas, and haul roads), site
topography, all drainage features and structures, drainage areas for each outfall,
direction of flow in each drainage area, industrial activities occurring in each
drainage area, buildings, existing BMPs, and impervious surfaces. The site map
must indicate the percentage of each drainage area that is impervious.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the three (3) previous years and any corrective actions taken to mitigate
spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in
Part II Page I of 10
Permit No. NCS000010
accordance with the requirements found in Part 111, Standard Conditions, Section
B, Paragraph 5. The permittee shall re -certify annually that the stormwater
outfalls have been evaluated for the presence of non-stormwater discharges.
Stormwater Management Plan. The stormwater management.plan shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stormwater, including structural and
nonstructural measures. The stormwater management plan, at a minimum, shall
incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to stormwater. Wherever practical, the permittee shall
prevent exposure of all storage areas, material handling operations, and
manufacturing or fueling operations. In areas where elimination of exposure is
not practical, the stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section
313 of Title III of the Superfund Amendments and Reauthorization Act (SARA)
water priority chemicals; and storage in any amount of hazardous substances, in
order to prevent leaks and spills from contaminating stormwater runoff. A table
or summary of all such tanks and stored materials and their associated secondary
containment areas shall be maintained. If the secondary containment devices are
connected to stormwater conveyance systems, the connection shall be controlled
by 'manually activated valves or other similar devices (which shall be secured
closed with a locking mechanism), and any stormwater that accumulates in the
containment area shall be at a minimum visually observed for color, foam, outfall
staining, visible sheens and dry weather flow, prior to release of the accumulated
stormwater. Accumulated stormwater shall be released if found to be
uncontaminated by any material. Records documenting the individual making the
observation, the description of the accumulated stormwater, and the date and time
of the release shall be kept for a period of five years.
(e) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMP) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel (or the team) responsible for implementing
Part 11 Page 2 of 10
Permit No. NCS000010
the SPRP shall be identified in a written list incorporated into the SPRP and signed and
dated by each individual acknowledging their responsibilities for the plan. A responsible
person shall be on -site at all times during facility operations that have the potential to
contaminate stormwater runoff through spills or exposure of materials associated with the
facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill
Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP,
but may not be sufficient to completely address the stormwater aspects of the SPRP. The
common elements of the SPCC with the SPRP may be incorporated by reference into the
SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance and good housekeeping program shall be developed. The program shall list
all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent
surface waters and wetlands, industrial activity areas (including material storage areas,
material handling areas, disposal areas, process areas, loading and unloading areas, and
haul roads), all drainage features and structures, and existing structural BMPs. The
program shall establish schedules of inspections, maintenance, and housekeeping
activities of stormwater control systems, as well as facility equipment, facility areas, and
facility systems that present a potential for stormwater exposure or stormwater pollution.
Inspection of material handling areas and regular cleaning schedules of these areas shall
be incorporated into the program. Timely compliance with the established schedules for
inspections, maintenance, and housekeeping shall be recorded in writing and maintained
in the SPPP.
5. Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill response
and cleanup, preventative maintenance activities, and for any of the facility's operations
that have the potential to contaminate stormwater runoff. Facility personnel (or team)
responsible for implementing the training shall be identified, and their annual training
shall be documented by the signature of each employee trained.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position assignments provided.
Plan Amendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. All aspects of the
Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual
basis. The annual update shall include an updated list of significant spills or leaks of
pollutants for the previous three years, or the notation that no spills have occurred. The
annual update shall include written re -certification that the stormwater outfalls have been
evaluated for the presence of non-stormwater discharges. Each annual update shall
include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP
Summary of the Stormwater Management Plan.
Part II Page 3 of 10
Permit No. NCS000010
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes
have been made.
8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as
part of the Preventative Maintenance and Good Housekeeping Program at a minimum on
a semi-annual schedule, once during the first half of the year (January to June), and once
during the second half (July to December), with at least 60 days separating inspection
dates (unless performed more frequently than semi-annually). These facility inspections
are different from, and in addition to, the stormwater discharge characteristic monitoring
required in Part II B and C of this permit.
Implementation. The permittee shall implement the Plan. Implementation of the Plan
shall include documentation of all monitoring, measurements, inspections, maintenance
activities, and training provided to employees, including the log of the sampling data and
of actions taken to implement BMPs associated with the industrial activities, including
vehicle maintenance activities. Such documentation shall be kept on -site for a period of
five years and made available to the Director or the Director's authorized representative
immediately upon request.
Part 11 Page 4 of 10
Permit No. NCS000010
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All
analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in a minimum of ten analytical samplings being conducted over the term
of the permit at each stormwater discharge outfall (SDO).
A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time
between this storm event and the previous storm event measuring greater than 0.1 inches must be at least
72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if
it rains but stops before producing any collectable discharge, a sample may be collected if the next rain
producing a discharge begins within 10 hours.
Table 1. Analytical Monitoring Requirements
Discharge
Characteristics
Units
Measurement Frequency[
Sample
TypC2
Sample
Location3
Total Suspended Solids
m g/L
semi-annual
Grab
SDO
Biochemical Oxygen Demand
m g/L
semi-annual
Grab
SDO
Chemical Oxygen Demand
m g/L
semi-annual
Grab
SDO
Iron, Total Recoverable
ing/L
semi-annual
Grab
SDO
Zinc. Total Recoverable
m /l.,
semi-annual
Grab
SDO
Acr ylamide
m /L
semi-annual
Grab
SDO
Nitrate + Nitrite
m,,,/L
semi-annual
Grab
SDO
Phosphorus, Total
in L
semi-annual
Grab
SDO
I -I
standard
semi-annual
Grab
SDO
Total Rainfal14
inches
semi-annual
Vain Gauge,
Footnotes:
I Measurement Frequency: Twice per year during a representative storm event.
2 Grab samples shall be collected within the first 30 minutes of discharge.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall
status has been granted.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain
gauge reading must be recorded.
The permittee shall complete the minimum ten analytical samplings in accordance with the
schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and
Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two
response.
Part I I Page 5 of 10
Permit No. NCS000010
Table 2. Monitoring Schedule
Monitoring period
Sample Number
Start
End
Year 1 —Period 1
1
February 1. 2010
June 30, 2010
Year 1 —Period 2
2
July 1. 2010
December 31, 2010
Year 2 —Period 1
3
February I , 2011
June 30, 2011
Year 2 — Period 2
4
July 1, 2011
December 31, 2011
Year 3 — Period 1
5-
February 1, 2012
June 30, 2012
Year 3 — Period 2
6
.Iuly I, 2012
December 31, 2012
Year 4 —Period 1
7
February 1, 2013
.June 30, 2013
Year 4 — Period 2
8
.lulu 1. 2013
December 31. 2013
Year 5 — Period 1
9
February 1, 2014
June 30, 2014
Year 5 — Period 2
10
July 1, 2014
January 31. 2015
Footnotes:
I �, Maintain semi-annual monitoring during permit renewal process. If at the expiration of the Individual
Permit, the permittee has submitted an application for renewal of coverage before the submittal deadline,
the permittee will be considered for renewed coverage. The applicant must continue semi-annual
monitoring until the renewed Certificate of Coverage is issued.
2 If no discharge occurs during the sampling period, the permittee must submit it monitoring report indicating
. "No Flow" within 30 days of the end of the six-month sampling period.
The permittee shall report the analytical results from the first sample with valid results within the
monitoring period. The permittee shall compare monitoring results to the benchmark values in
Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for
the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values
require the permittee to increase monitoring, increase management actions, increase record keeping,
and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the
descriptions of Tier One and Tier Two.
Table 3. Benchmark Values for Analytical Monitoring
Discharge Characteristics
Units
Benchmark
Total Suspended Solids
mg/L
100
Biochemical Oxygen Demand
mg/L
30
Chemical Oxygen Demand
mg/L
120
Iron, Total Recoverable
mg/L
I
Zinc, Total Recoverable
mg/1_,
0.067
Acrylamide
mg/L
28
Nitrate + Nitrite
mg/L
10
Phosphorus, Total
mg/L
2
PH
standard
6-9
Part II Page 6 of 10
Permit No. NCS000010
Tier One
If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any
parameter at any outfall;
Then: The permittee shall:
I . Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedence.
3. Identify potential and select the specific: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, or to bring concentrations
within the benchmark range.
4. Implement the selected actions within two months of the inspection.
5. Record each instance of Tier One response in the Stormwater Pollution Prevention Plan. Include
the date and value of the benchmark exceedence, the inspection date, the personnel conducting the
inspection, the selected actions, and the date the selected actions were implemented.
Tier Two
If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods are
above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific
discharge outfall;
Then: The permittee shall:
I. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result
exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative)
monitoring shall continue until three consecutive sample results are below the benchmark values or
within the benchmark range.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating "No Plow" to comply with reporting requirements.
4. Maintain a record of the Tier Two response in the Stormwater Pollution
During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed
the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on
four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of
receipt of the fourth analytical results. DWQ may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for the remainder
of the permit;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures; or
• require that the permittee implement site modifications to qualify for the No Exposure Exclusion.
PartII Page 7 of 10
Permit No. NCS000010
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status and shall be performed as specified in Table 4, during the analytical
monitoring event. [If analytical monitoring is not required, the permittee still must conduct semi-
annual qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the
effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of
stormwater pollution.
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall
document the suspected cause of the condition and any actions taken in response to the
discovery. This documentation will be maintained with the SPPP.
Table 4. Qualitative Monitorihi! Requirements
Discharge Characteristics .
Frequencyl
Monitoring
Location2
Color
semi-annual
SDO
Odor
semi-annual
SDO
Clarity
semi-annual
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semi-annual
SDO
Oil Sheen
semi-annual
SDO
Erosion or deposition at the outfall
semi-annual
SDO
Other obvious indicators
of stormwater pollution
semi-annual
SDO
Footnotes
1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring
until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this
permitting cycle.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO)
regardless of representative outfall status.
SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity occurring on -site which uses more than
55 gallons of new motor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified below in Table 5. This monitoring shall be performed at all
stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance
Part 11 Page 8 of 10
Permit No. NCS000010
areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical
monitoring shall be performed during a representative storm event.
Table 5. Analvtical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
Units
Measurement
Fre uenc 1
Sample
T e2
Sample
Location3
H
standard
semi-annual
Grab
SDO
TPH
EPA Method 1664 SGT-HEM
mg/I
semi-annual
Grab
SDO
Total Suspended Solids
mg/1
semi-annual
Grab
SDO
Total Rainfa114
inches
semi-annual
Rain gauge
New Motor Oil Usagegallons/month
semi-annual
Estimate
Footnotes:
I Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring
until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this
permitting cycle.
2 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge from the pond.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain
gauge reading must be recorded.
Monitoring results shall be compared to the benchmark values in Table 6. The benchmark
values in Table 6 are not permit limits but should be used as guidelines for the permittee's
Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the
permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs), as provided in Part 11 Section B.
Table 6.
Benchmark Values for Vehicle Maintenance Analytical Monitoring
Discharge Characteristics
Units
Benchmark
pH
standard
6-9
TPH
[EPA Method 1664 (SGT-I-iEM)]
mg/L
30
Total Suspended Solids
mg/L
100
Part 11 Page 9 of 10
Permit No. NCS000010
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for storntwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater
Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the
initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11,
Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of
the initial permit issuance.
New Facilities applying for coverage for the first time and existing facilities previously permitted and
applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and
implemented prior to the beginning of discharges from the operation of the industrial activity and be
updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph
2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the
industrial activity.
2. Duty to Comely
The permittee must comply with all conditions of this individual permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit upon renewal application.
a. The permittee shall comply with standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants within the time provided in the regulations that establish
these standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any
permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or
imprisonment for not more than I year, or both. Any person who knowingly violates permit
conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or
imprisonment for not more than 3 years, or both. Also, any person who violates a permit
condition may be assessed an administrative penalty not to exceed $10,000 per violation with the
maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and
40 CFR 122.41(a).] -
C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) 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. [Ref. NC General Statutes 143-215.6A].
d. Any person may be assessed an administrative penalty by the Director for violating section 301,
302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any
of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class
I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $25,000. Penalties for Class 11 violations are not to exceed
Part III Page I of 8
Permit No. NCS000010
$10,000 per day for each day during which the violation continues, with the maximum amount of
any Class 11 penalty not to exceed $125,000.
3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
individual permit which has a reasonable likelihood of adversely affecting human health or the
environment.
4. Civil and Criminal Liability
Except as provided in Part 111, Section C of this permit regarding bypassing of stormwater control facilities,
nothing in this individual permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143-
215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Oil and Hazardous Substance Liability
Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject
to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
6. Property Rights
The issuance of this individual permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of Federal, State or local laws or regulations.
7. Severability
The provisions of this individual permit are severable, and if any provision of this individual permit, or the
application of any provision of this individual permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this individual permit, shall not be affected
thereby.
8. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonabletime, any information which the Director
may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the
permit issued pursuant to this individual permit or to determine compliance with this individual permit.
The permittee shall also furnish to the Director upon request, copies of records required to be kept by this
individual permit.
9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this individual permit shall,
upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not
more than two years per violation, or by both. If a conviction of a person is for a violation committed after
a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per
day of violation, or by imprisonment of not more than 4 years, or both.
Part III Page 2 of 8
Permit No. NCS000010
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation,
or certification in any record or other document submitted or required to be maintained under this
individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more
than two years per violation, or by both.
SECTION R: GENERAL CONDITIONS.
Individual Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are
required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any
permittee that has not requested renewal at least 180 days prior to expiration, or any permiltee that does not
have a permit after the expiration and has not requested renewal at least I80 days prior to expiration, will
be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq.
Transfers
This permit is not transferable to any person except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is
required to notify the Division in writing in the event the permitted facility is sold or closed.
Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed and certified.
a. All applications to be covered under this individual permit shall be signed as follows:
(1) In the case of a corporation: by a principal executive officer of at least the level of vice-
president, or his duly authorized representative, if such representative is responsible for
the overall operation of the facility from which the discharge described in the permit
application form originates;
(2) In the case of a partnership or limited partnership: by a general partner;
(3) In the case of a sole proprietorship: by the proprietor;
(4) In the case of a municipal, state, or other public entity: by a principal executive officer,
ranking elected official, or other duly authorized employee.
b. All reports required by the individual permit and other information requested by the Director shall
be signed by a person described above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
Part I I I Page 3 of 8
Permit No. NCS000010
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for environmental
matters for the company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Director.
Any person signing a document under paragraphs a. or b. of this section shall make the following
certification:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations." .
4. Individual Permit Modification, Revocation and Reissuance, or Termination
The issuance of this individual permit does not prohibit the Director from reopening and modifying the
individual permit, revoking and reissuing the individual permit, or terminating the individual permit as
allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122
and 123; Tide 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina
General Statute 143-215.1 et al.
5. Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned
changes or anticipated noncompliance does not stay any individual permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the permittee to achieve compliance with
the conditions of this individual permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation
is necessary to achieve compliance with the conditions of this individual permit.
2. Need to Flail 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 individual
permit.
3. Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
Part I II Page 4 of 8
Permit No. NCS000010
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance; and
C. The permittee submitted notices as required under, Part III, Section E of this permit.
If the Director determines that it will meet the three conditions listed above, the Director may approve an
anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a representative storm
event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be
taken before the dischargejoins or is diluted by any other waste stream, body of water, or substance.
Monitoring points as specified in this permit shall not be changed without notification to and approval of
the Director.
2. Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the
requirements of this individual permit, the permittee shall record the following information:
The date, exact place, and time of sampling, measurements, inspection or maintenance activity;
The individual(s) who performed the sampling, measurements, inspection or maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
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.
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.
Part 111 Page 5 of 8
Permit No. NCS000010
To meet the intent of the monitoring required by this individual 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.
5. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that are
required to be sampled, the permittee may petition the Director for representative oulfall status. If it is
established that the stormwater discharges are substantially identical and the permittee is granted
representative outfall status, then sampling requirements may be performed at a reduced number of outfalls.
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the Stormwater
Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The
permittee shall retain records of all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all
reports required by this individual permit for a period of at least 5 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time.
Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized contractor
acting as a representative of the Director), or in the case of a facility which discharges through a municipal
separate storm sewer system, an authorized representative of a municipal operator or the separate storm
sewer system receiving the discharge, upon the presentation of credentials and other documents as may be
required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this individual permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this individual permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this individual permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.
SECTION E: REPORTING REQUIREMENTS
I. Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report forms provided by the Director. Submittals shall be delivered to the Division
no later than 30 days from the date the facility receives the sampling results from the laboratory.
The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional
Office in February of each year. The submittal shall be on forms supplied by the Division.
Part III Page 6 of 8
Permit No. NCS000010
When no discharge has occurred from the facility during the report period, the permittee is required to
submit a discharge monitoring report, within 30 days of the end of the six-month sampling period, giving
all required information and indicating "NO FLOW" as per NCAC T15A 0213 .0506.
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division, and shall retain the completed forms on site. Visual
monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do
so.
2. Submitting Reports
Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to:
Central Files"
-Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
In addition, a separate signed Annual Summary DMR copy shall be submitted to the local DWQ Regional
Office (RO) by March I of each year.
Addresses for each RO and the counties covered by each RO can be found here:
f htts://www.em,.state.nc.us/html/reLionaloffices.litml. The permittee shall retain the completed originals
on site. Visual monitoring results should not be submitted to the Regional Offices or Central Files unless
specifically requested by DWQ.
Availability of Reports
Except for data determined to be confidential under NCGS 143-2 1 5.3(a)(2) or Section 308 of the Federal
Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection
at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be
considered confidential. Knowingly staking any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.66 or in Section 309 of the Federal Act.
4. Non-Storntwater Discharges
If the storm event monitored in accordance with this Individual Permit coincides with a non-stonnwater
discharge, the permittee shall separately monitor all parameters as required under the non -storm eater
discharge permit and provide this information with the stornnvater discharge monitoring report.
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which could significantly alter the nature or quantity of pollutants discharged. This notification
requirement includes pollutants which are not specifically listed in the Individual Permit or subject to
notification requirements under 40 CFR Part 122.42 (a).
6. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which may result in noncompliance with the Individual Permit requirements.
Part III Page 7 of 8
Permit No. NCS000010
Snips
The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as
defined in Part VI of this permit. Additionally, the permittee shall report spills including: any oil spill of 25
gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill
regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that
cannot be cleaned up within 24 hours.
8. Bypass
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass.
9. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any noncompliance which
may endanger health or the environment. Any information shall be provided orally within 24 hours from
the time the permittee became aware of the circumstances. A written submission shall also be provided
within 5 days of the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the period of
noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has been received
within 24 hours.
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted.
I I. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be
covered under this Individual Permit or in any report to the Director, it shall promptly submit such facts or
information.
Part II I Page 8 of 8
NCS000010
PART IV LIMITATIONS REOPENER
This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable
effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and
307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved:
Contains different conditions or is otherwise more stringent than any effluent limitation in the individual
permit; or
b. Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the
Act then applicable.
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed
by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause
this Division to initiate action to revoke the Individual Permit.
PART VI DEFINITIONS
Act
See Clean Water Act.
2. Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the
stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
fleshings, water from footing drains, flows from riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training.
3. Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the
form of a process, activity, or physical structure. More information on BMPs can be found at:
littp:/fc fpub.cpa.gov/npdes/stornwater/menuofbmps/index. cfin.
4. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility including
the collection system, which is not a designed or established operating mode for the facility.
Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single above ground
storage container having a capacity of greater than 660 gallons or with multiple above ground storage
containers located in close proximity to each other having a total combined storage capacity of greater than
1,320 gallons.
Parts IV, V and V I Page 1 of 4
Permit No. NCS000010
6. Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual Permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under
the permit and is signed by the Director.
7. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC
1251, et. seq.
8. Division or DWO
The Division of Water Quality, Department of Environment and Natural Resources.
9. Director
The Director of the Division of Water Quality, the permit issuing authority.
10. EMC
The North Carolina Environmental Management Commission.
I I. Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or
qualitatively) must be taken within the first 30 minutes of discharge.
12. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 31 1 of the Clean Water Act.
13. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land
treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or
a surface storage facility.
14. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a city or town.
15. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff.
Industrial materials or activities include, but are not limited to, material handling equipment or activities,
industrial machinery, raw materials, intermediate products, by-products, final products, or waste products.
DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a
facility complies with the terns and conditions described in 40 CFR § 122.26(g)
16. Notice of Intent
The state application form which, when submitted to the Division, officially indicates the facility's notice of
intent to seek coverage under an Individual Permit.
17. Permittee
The owner or operator issued a certificate of coverage pursuant to this Individual Permit.
18. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe,
ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to
waters of the state.
19. Representative Storm Event
A storm event that measures greater than 0,1 inches of rainfall. The time between this storm event and the previous
storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of
Part V I Page 2 of 4 Pages
Permit No. NCS000010
no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a
sample may be collected if the next rain producing a discharge begins within 10 hours.
20. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
21. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus sufficient
freeboard to allow for the 25-year, 24-hour storm event.
22. Section 313 Water Prioritv Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986. also titled the Emergency Planning and Community Right -
to -Know Act of 1986:
b. Is present at or above threshold levels at a facility subject to SARA title 111, Section 313 reporting
requirements; and
C. Meets at least one of the following criteria:
(1) Is listed in appendix D of 40 CPR part 122 on "fable II (organic priority pollutants), Table
III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the CWA at 40
CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
23. Severe Property Damage
Means substantial physical damage to property, damage to the control facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused
by delays in production.
24. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; finished materials such as metallic products; raw materials used in food processing or production;
hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required
to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as
ashes, slag and sludge that have the potential to be released with stormwater discharges.
25. SigniticantSpills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of
CERCLA (Ref: 40 CFR 302.4).
26. Stormwater Discharge Outfall (SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but
not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas,
from which stormwater flows directly or indirectly into waters of the State of North Carolina.
27. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as it
result of snowmelt.
Part VI Page 3 of 4 Pages
Permit No. NCS000010
28. Stormwater Associated with Industrial Activit
The discharge from any point source which is used for collecting and conveying stormwater and which is
directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities
considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14).
The term does not include discharges from facilities or activities excluded from the NPDES program.
29. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and.practices to reduce stormwater pollution
and is based on an evaluation of the pollution potential of the site.
30. Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific
water body and pollutant. (A list of approved TMDLs for the state of North Carolina can be found at
http:Hh2o.enr.state.ne.us/tmdl/)
31. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
32. Vehicle Maintenance Activitv
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations.
33. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
34. 25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25
years.
Part V I Page 4 of 4 Pages
North Carolina
Beverly Eaves Perdue
Governor
r�
NCDENR
Department of Environment and
Division of Water Quality
Coleen H. Sullins
Director
January 8, 2010
Mr. Ken Meyer, EHS Mgr.
Evonik Stockhausen, Inc.
2401 Doyle St.
Greensboro, North Carolina 27406
Natural Resources
Subject: Final NPDES Stormwater Permit
PermitNC5000010
Evonik Stockhausen, Inc.
Guilford County
Dear Mr. Meyer:
Dee Freeman
Secretary
In response to your renewal application for continued coverage under NPDES stormwater permit
NCS000010, the Division of Water Quality (Division) is forwarding herewith the subject state - NPDES
permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215
.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
agency dated. October 15, 2007 (or as subsequently amended).
This final permit includes no major changes from the draft permit sent to you on November 10, 2009
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty
(30) days following receipt of this letter. This request must be in the form of a written petition,
conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such
demand is made, this decision shall be final and binding.
Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be
followed in case of change in ownership or control of this discharge. This permit does not affect the
legal requirements to obtain other permits which may be required by the Division of Water Quality or
permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal
or Local governmental permit that may be required.
If you have any questions or comments concerning
or corv.larsen(�ncdenr.00v.
this permit, contact Cory Larsen at (919) 807-6365
Wetlands and Stormwater Branch 1���17C L,
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 1 OI't.l l Cc`U'O1I lit it
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807 6300 \ FAX: 919-807,6494 \ Customer Service: 1-877-62M748 r%1 !llturlltty
Internet: www.ncwaterquality.org
An Eaml O000tlunily 1 Affirmative Action Emolover
Mr. Ken Meyer
Evonik Stockhausen, Inc.
Permit No. NCS000010
Sincere&
ORIGKI L EN
SIGNED RY
PICKLE
for Coleen H. Sullins, Director
cc: Winston-Salem Regional Office, Corey Basinger
Mecklenburg County
Mike Mitchell, EPA Region IV
Stormwater Permitting Unit
Central Files
Attachments
11
2
RIM1I1I1DR11
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Wafer Pollution Control Act, as amended,
GVONIK STOCKHAUSEN, INC.
is hereby authorized to discharge.stonnwater from facility located at
Evonik Stockhausen, Inc.
2401 Doyle Street
Greensboro, NC
Guilford County
to receiving waters designated as Mile Run Creek, a class WS-V; NSW stream in the Cape Fear
River Basin, in accordance with the discharge limitations, monitoring requirements, and other
conditions set forth in Parts I, II, 111, IV, V and VI hereof.,
This permit shall become effective February 1, 2010.
This permit and the authorization to discharge shall expire at midnight on January 31, 2015.
Signed this day January 8, 2010.
ORIGINAL SIGNED BY
KEN PICKLE
for Coleen H. Sullins Director .
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCS000010
TABLE OF CONTENTS
PART I
INTRODUCTION
Section A:
Individual Permit Coverage
Section B:
Permitted Activities
Section C:
Location Map
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A:
Stormwater Pollution Prevention Plan
Section B:'
Analytical Monitoring Requirements
Section C:
Qualitative Monitoring Requirements
Section D:
On -Site Vehicle Maintenance Monitoring Requirements
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL
PERMITS
Section A: Compliance
and Liability
1.
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
5.
Oil and Hazardous Substance Liability
6.
Property Rights
7.
Severability
8.
Dutyto Provide Information
9.
Penalties for Tampering
10.
'Penalties for Falsification of Reports
Section B: General
Conditions
1.
Individual Permit Expiration
2.
Transfers
3.
Signatory Requirements
u
Pennit No. NCS000010
4. Individual Permit Modification, Revocation and Reissuance, or
Termination
5. Permit Actions
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Facilities
Section D:
Monitoring and Records
1. Representative Sampling
2. Recording Results
3. Flow Measurements
4. Test Procedures
5. Representative Outfall
6. Records Retention
7. Inspection and Entry
Section E:
Reporting Requirements
1. Discharge Monitoring Reports
2. Submitting Reports
3. Availability of Reports
4. Non-Stormwater Discharges
5. Planned Changes
6. Anticipated Noncompliance
7. Spills
S. Bypass
9. Twenty-four Hour Reporting
10. Other Noncompliance
11. Other Information
PART IV
LIMITATIONS REOPENER
PART V
ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI
DEFINITIONS
a
u
Pennit No. NCS000010
i
d PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
pennittee is authorized to discharge stonnwater associated with industrial activity. Such
discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40
CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stonnwater
discharge permit requirements. Any owner or operator wishing to obtain a No Exposure
Certification must submit a No Exposure Certification NOI form to the Division; must receive
approval by the Division; must maintain no exposure conditions unless authorized to discharge
under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once
every five (5) years.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the pennittee is authorized to discharge
stonnwater to the surface waters of North Carolina or separate storm sewer system that has been
adequately treated and managed in accordance with the terms and conditions of this individual
permit. All stonnwater discharges shall be in accordance with the conditions of this pennit.
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 stonnwater discharges allowed by this individual permit shall not cause or contribute to
violations of Water Quality Standards.
This permit does not relieve the pennittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Part I Page I of 2
Permit No. NCS000010
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The Permittee shall develop a'Stormwater Pollution Prevention Plan, herein after referred to as
the Plan. This Plan shall be considered public information in accordance with Part III, Standard
Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a
minimum, the following items:
Site Plan. The site plan shall provide a description of the physical facility and the
potential pollutant sources which may be expected to contribute to contamination of
stormwater discharges. The site plan shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted
equivalent map), showing the facility's location in relation to transportation routes
and surface waters, the name of the receiving water(s) to which the stormwater
outfall(s) discharges, or if the discharge is to a municipal separate storm sewer
system, the name of the municipality and She ultimate receiving waters, and
accurate latitude and longitude of the point(s) of discharge. The general location
map (or alternatively the site map) shall identify whether each receiving water is
impaired (on the state's 303(d) list of impaired waters) or is located in a
watershed for which a TMDL has been established, and what the parameter(s)
of concern are.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants which
could be expected to be present in the stormwater discharge from each outfal1.
(c) A site map drawn to scale (including a distance legend) showing: the site property
boundary, the stormwater discharge outfalls, all on -site and adjacent surface
waters and wetlands, industrial activity areas (including storage of materials,
disposal areas, process areas, loading and unloading areas, and haul roads), site
topography, all drainage features and structures, drainage areas for each outfall,
direction of flow in each drainage area, industrial activities occurring in each
drainage area, buildings, existing BMPs, and impervious surfaces. The site map
must indicate the percentage of each drainage area that is impervious.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the three (3) previous years and any corrective actions taken to mitigate
spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in
Part 11 Page I of 10
Permit No. NCS000010
accordance with the'requirements found in Part III, Standard Conditions, Section
B, Paragraph 5. The pennittee shall re -certify annually that the stormwater
outfalls have been evaluated for the presence of non-stormwater discharges.
Stonnwater Management Plan. The stormwater management plan shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stormwater, including structural and
nonstructural measures. The stormwater management plan, at a minimum, shall
incorporate the following:
(a) Feasibility Study. A review of the technical and -economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to stormwater. Wherever practical, the pennittee shall
prevent exposure of all storage areas, material handling operations, and
manufacturing or fueling operations. In areas where elimination of exposure is
not practical, the stormwater management plan shall document the feasibility of
diverting the stonnwater runoff away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section
313 of Title III of the Superfund Amendments and Reauthorization Act (SARA)
water priority chemicals; and storage in any amount of hazardous substances, in
order to prevent leaks and spills from contaminating stonnwater runoff. A table
or summary of all such tanks and stored materials and their associated secondary
containment areas shall be maintained. If the secondary containment devices are
connected to stormwater conveyance systems, the connection shall be controlled
by manually activated valves or other similar devices (which shall be secured
closed with a locking mechanism), and any stonnwater that accumulates in the
containment area shall be at a minimum visually observed for color, foam, outfall
staining, visible sheens and dry weather flow, prior to release of the accumulated
stonnwater. Accumulated stonnwater shall be released if found to be
uncontaminated by any material. Records documenting the individual making the
observation, the description of the accumulated stormwater, and the date and time
of the release shall be kept for a period of five years.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMP) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel (or the team) responsible for implementing
Part 11 Page 2 of 10
Pennit No. NCS000010
the SPRP shall be identified in a written list incorporated into the SPRP and signed and
dated by each individual acknowledging their responsibilities for the plats. A responsible
person shall be on -site at all times during facility operations that have the potential to
contaminate stormwater runoff through spills or exposure of materials associated with the
facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill
Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP,
but may not be sufficient to completely address the stormwater aspects of the SPRP.. The
common elements of the SPCC with the SPRP may be incorporated by reference into the
SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance and good housekeeping program shall be developed. The program shall list
all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent
surface waters and wetlands, industrial activity areas (including material storage areas,
material handling areas, disposal areas, process areas, loading and unloading areas, and
haul roads), all drainage features and structures, and existing structural BMPs. The
program shall establish schedules of inspections, maintenance; and housekeeping
activities of stormwater control systems, as well as facility equipment, facility areas, and
facility systems that present a potential for stormwater exposure or stormwater pollution..
Inspection of material handling areas and regular cleaning schedules of these areas shall
be incorporated into the program. Timely compliance with the established schedules for
inspections, maintenance, and housekeeping shall be recorded in writing and maintained
in the SPPP.
5. Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill response
and cleanup, preventative maintenance activities, and for any of the facility's operations
that have the potential to contaminate stormwater runoff. Facility personnel (or team)
responsible for implementing the training shall be identified, and their annual training
shall be documented by the signature of each employee trained.
Responsible Party. The Stormwatcr Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plait Responsibilities for all components of the Plan shall be documented
and position assignments provided.
i
Plan Amendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. All aspects of the
Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual
basis. The annual update shall include an updated list of significant spills or leaks of
pollutants for the previous three years, or the notation that no spills have occurred. The
annual update shall include written rc-certification that the stornwater outfalls have been
evaluated for the presence of non-stornwater discharges. Each annual update shall
include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP
Summary of the Stormwater Management Plan.
Part II Page 3 of 10
Permit No. NCS000010
The Director may notify the pennittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the pennittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The pennittee shall provide certification in writing (in accordance with
Part 111, Standard Conditions, Section B, Paragraph 5) to the Director that the changes
have been made.
8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as
part of the Preventative Maintenance and Good Housekeeping Program at a minimum on
a semi-annual schedule, once during the first.half of the year (January to June), and once
during the second half (July to December), with at least 60 days separating inspection
dates (unless performed more frequently than semi-annually). These facility inspections
are different from, and in addition to, the stormwater discharge characteristic monitoring
required in Part II B and C of this permit.
9. Implementation. The permittee shall implement the Plan. Implementation of the Plan
shall include documentation of all monitoring, measurements, inspections, maintenance
activities, and training provided to employees, including the log of the sampling data and
of actions taken to implement BMPs associated with the industrial activities, including
vehicle maintenance activities. Such documentation shall be kept on -site for a period of
five years and made available to the Director or the Director's authorized representative
immediately upon request.
Part II Page 4 of 10
Permit No. NCS000010
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwatcr discharges shall be performed as specified in Table I. All
analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in a minimum of ten analytical samplings being conducted over the term
of the permit at each stormwater discharge outfall (SDO).
A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time
between this storm event and the previous storm event measuring greater than 0.1 inches must be at least
72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if
it rains but stops before producing any collectable discharge, a sample may be collected if the next rain
producing a discharge begins within 10 hours.
Table 1. Analytical Monitoring Requirements
Discharge :
Characteristics
Units --
Measurement Frequencyt
=Sample '
Type2 ,`
Sample
Location3
Total Suspended Solids
mg/L
semi-annual
Grab
SDO
Biochemical Oxygen Demand
mg/L
semi-annual
Grab -
SDO
Chemical Oxygen Demand,
mg/L
semi-annual
Grab
SDO
Iron, Total Recoverable
mg/1-
semi-annual
Grab
SDO
Zinc, Total Recoverable
m L
semi-annual
Grab
SDO
Acr lamide
m = L
semi-annual
Grab
SDO
Nitrate + Nitrite
mg/L
semi-annual
Grab
SDO
Phosphorus, Total
mg/L
semi-annual
Grab
SDO
H
standard
semi-annual
Grab
SDO
Total Rainfal14
inches
semi-annual
Rain Gauge
Footnotes:
I Measurement Frequency: 'Twice per year during a representative storm event.
2 Grab samples shall be collected within the first 30 minutes of discharge.
_3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative ou±fall
status has been granted.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain
gauge reading must be recorded,
The permittee shall complete the minimum ten analytical samplings in accordance with the
schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and
Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two
response.
Part 11 Page 5 of 10
Permit No. NCS000010
Table 2. Monitoring Schedule
Monitoring periodL;2
Sample Number
Start
End
Year 1 — Period 1
1
February 1, 2010
June 30, 2010
Year 1 — Period 2
2
July 1, 2010
December 31, 2010
Year 2 — Period 1
3
February 1, 2011.
June 30, 201 l
Year 2 — Period 2
4
July 1, 2011
December 31, 2011
Year 3 — Period 1
5
February 1, 2012
June 30, 2012
Year 3 — Period 2
6
July 1, 2012
December 31, 2012
Year 4 —Period 1
7
February 1, 2013
June 30, 2013
Year 4 — Period 2
8
. July 1, 2013
December 31, 2013
Year 5 — Period 1
9
February 1, 2014
June 30, 2014
Year 5 — Period 2
10
July 1, 2014
January 31, 2015
Footnotes: -
I Maintain semi-annual monitoring during permit renewal process. If at the expiration of the Individual
Permit, the permittee has submitted an application for renewal of coverage before the submittal deadline,
. the permittee will be considered for renewed coverage. The applicant must continue semi-annual
monitoring until the renewed Certificate of Coverage is issued.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating
"No Flow" within 30 days of the end of the six-month sampling period.
The permittee shall report the analytical results from the first sample with valid results within the
monitoring period. The pennittee shall compare monitoring results to the benchmark values in -
Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for
the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values
require the permittee to increase monitoring, increase management actions, increase record keeping,
and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the
descriptions of Tier One and Tier Two.
Table 3. Benchmark Values for Analvtical Monitoring
Discharge .Characteristics
Units
Benchmark.
Total Suspended Solids
mg/L
100
Biochemical Oxygen Demand-
tng/L
30
Chemical Oxygen Demand
mg/L
120
Iron, Total<Recoverable
mg/L
1
Zinc, Total Recoverable
mg/L
0.067
Acrylamide
mg/L
28
Nitrate + Nitrite
ing/L
10
Phosphorus, Total
mg/L
2
pl-1
standard
6 - 9 .
Part II Page 6 of 10
Permit No. NCS000010
If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any
at anv outfall:
Then: The pennittee shall:
1. Conduct a stonnwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benclunark value exceedence.
3. Identify potential and select the specific: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, or to bring concentrations
within the benchmark range.
4. Implement the selected actions within two months of the inspection.
5. Record each instance of a Tier One response in the Stornwater Pollution Prevention Plan.. Include
the date and value of the benchmark cxceedence, the inspection date, the personnel conducting the
the selected actions, and the date.the selected actions were
Tier Two
If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods are
above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific
discharge outfall;
Then: The permittee shall:
l . Repeat all the required actions outlined above in Tier One.
2. Irmnediately institute monthly monitoring for all parameters at every outfall where a sampling result
exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative)
monitoring shall continue until three consecutive sample results are below the benclunark values or
within the benclunark range.
3. If no discharge occurs during the sampling period, the pernittee is required to submit a monthly
monitoring report indicating "No Flow" to comply with reporting requirements.
4. Maintain a record of the Ticr Two response in the Stoimwater Pollution Prevention Plan.
During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed
the benchmark value, or are outside the benclunark range, for any specific parameter at any specific outfall on
four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of
receipt of the fourth analytical results. DWQ may but is not limited to:
• require that the pennittee revise, increase, or decrease the monitoring frequency for the remainder
of the permit;
• require the permittec to install structural stormwater controls;
• require the pennittee to implement other stonnwater control measures; or
• require that the pennittee implement site modifications to qualify for the No Exposure Exclusion.
Part 11 Page 7 of 10
Permit No. NCS000010
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status and shall be performed as specified in Table 4, during the analytical
monitoring event. [If analytical monitoring is not required, the permittee still must conduct semi-
annual qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the
effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of
stormwater pollution. .
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall
document the suspected cause of the condition and any actions taken in response to the
discovery. This documentation will be maintained with the SPPP.
Table 4. Qualitative Monitoring Reauirements
Discharge Characteristics
Frequencyt
Monitoring
Location2
Color
semi-annual
SDO
Odor
semi-annual
SDO
Clarity
semi-annual
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semi-annual
SDO
Oil Sheen
semi-annual
SDO
Erosion or deposition at the outfall
semi-annual
SDO
Other obvious indicators
of stormwater pollution
semi-annual
SDO
Footnotes:
1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle ,
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the _
'pennittee will be considered for a renewal application. 'rhe applicant must continue semi-annual monitoring
until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this
pentutting cycle.
.2. Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO)
regardless of representative outfall status.
SECTION D:'*ON-SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity occurring on -site which uses more than .
55 gallons of new motor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified below in Table 5. This monitoring shall be performed at all
stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance
Part 11 Page 8 of 10
Permit No. NCS000010
areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical
monitoring shall be performed during a representative storm event.
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristies
...
Units
Measurement
; Frc uenc t : "
Sample ' -
T c2
Sample
Location3
H
standard
semi-annual
Grab
SDO
TP li
[EPA Method 1664 (SGT-FIEM
mg/1
semi-annual
Grab
SDO
Total Suspended Solids
m 1
semi-annual
Grab
SDO
Total Rainfall4
inches
semi-annual
Rain gauge
New Motor Oil Usagegallons/month
semi-annual
Estimate
Footnotes:
1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. 1'he applicant must continue semi-annual monitoring
until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this
permitting cycle. "
2 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge from the pond.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain
gauge reading must be recorded.
Monitoring results shall be compared to the benchmark values in Table 6. The benchmark
values in Table 6 are not permit limits but should be used as guidelinesfor the permittee's
Storm water Pollution Prevention Plain (SPPP). Exceedences of benchmark values require the
permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs), as provided in Part II Section B.
Table 6.: Benchmark Values for Vehicle Maintenance Analytical Monitoring
Discharge Characteristics
Units,'._
Benchmark
PH
standard
6-9
TPH
[EPA Method 1664 (SGT-HEM)J
mg/L
30
Total Suspended Solids
mg/L
100
Part II Page 9 of 10
Permit No. NCS000010
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater
Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the
initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11,
Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of
the initial permit issuance.
New Facilities applying for coverage for the first time and existing facilities previously permitted and
applying for renewal under this permit The Stormwater Pollution Prevention Plan shall be developed and
implemented prior to the beginning of discharges from the operation of the industrial activity and be
updated thereafter on an annual basis. Secondary containment, as specified in Part 1I, Section A, Paragraph
2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the
industrial activity.
2. Duty to Complv
_ 'File permittee must comply with all conditions of this individual permit.. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit upon renewal application.
a. The permittee shall comply with standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants within the time provided in the regulations that establish
these standards or prohibitions,even if the permit has not yet been modified to incorporate the
.requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any
permit condition is, subject to criminal penalties of $2,500 to 25,000 per day of violation, or
imprisonment for not more than I year, or both. Any person who knowingly violates permit
conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or
imprisonment for not more than 3 years, or both. Also, any person who violates a permit
condition may be assessed an administrative penalty not to exceed $10,000 per violation -with the
maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33. USC 1319 and
40 CPR 122.41(a)]
c. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) 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. I1Zcf: NC General Statutes 143-215.6A].
d. Any person may be assessed an administrative penalty by the Director for violating section 301,
302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any
of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class
I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $25,000. Penalties for Class 11 violations are not to exceed
Part III Page 1 of 8
Permit No. NCS000010
$10,000 per day for each day during which the violation continues, with the maximum amount of
any Class 11 penalty not to exceed $125,000.
3. Duty to Mitigate
The permitter shall take all reasonable steps to minimize or prevent any discharge in violation of this
individual permit which has a reasonable likelihood of adversely affecting human Health or the
environment.
4. Civil and Criminal Liability
Except as provided in Part 111, Section C of this permit regarding bypassing of stormwater control facilities,
nothing in this individual permit shall be construed to relieve the pennittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.6B, 143-
215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Oil and Hazardous Substance Liability
Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject
to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
6. Property Rights
The issuance of this individual 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. .
Severability
The provisions of this individual permit are severable, and if any provision of this individual permit, or the
application of any provision of this individual permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this individual permit, shall not be affected
thereby.
S. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the Director
may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the
permit issuedpursuant to this individual permit or to determine compliance with this individual permit.
The pennittee shall also furnish to the Director upon request, copies of records required to be kept by this
individual permit.
Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this individual pennit shall,
upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not
more than two years per violation, or by both. If a conviction of a person is for a violation committed after
a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per
day of violation, or by imprisonment of not more than 4 years, or both.
Part III Page 2 of 8
Permit No. NCS000010
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation,
or certification in any record or other document submitted or required to be maintained under this
individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more
than two years per violation, or by both.
SECTION B: GENERAL CONDITIONS
Individual Permit Expiration
The permitteeisnot authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are
required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any
pernittee that has not requested renewal al least 180 days prior to expiration, or any permittee that does not
have a permit after.the expiration and has not requested renewal at least 180 days prior to expiration, will
be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. scq.
2. Transfers
This.permit is not transferable to any person except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary raider the Clean Water Act. The Pernrittee is
required to notify the Division in writing in the event the permitted facility is sold or closed,
3. Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed and certified.
a. All applications to be covered under this individual permit shall be signed as follows:
(I) In the case of a corporation: by a principal executive officer of at least the level ofvice-
president, or his duly authorized representative, if such representative is responsible for
the overall operation of the facility from which the discharge described in the permit
application form originates;
(2) In the case of a partnership or limited partnership: by a general partner;
(3) In the case of a sole proprietorship: by the proprietor;
(4) in the case of a municipal, state, or other public,entity: by a principal executive officer,
ranking elected official, or other duly authorized employee.
b. All reports required by the individual permit and other information requested by the Director shall
be signed by a person described above or by a duly authorized representative of that person. A
person.is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
Part III Page 3 of 8
Permit No. NCS000o 10
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for environmental
matters for the company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Director
C. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. 1 am aware that there are significant penalties for submitting false information,
including the possibility of fines and iniprisonntent for knowing violations." -
4. Individual Permit Modification Revocation and Reissuance, or Termination
The issuance of this individual permit does not prohibit the Director from reopening and modifying the
individual permit, revoking and reissuing the individual permit, or terminating the.individual 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 at.
5. Pennit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned
changes or anticipated noncompliance does not stay any individual permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The pemiittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which arc installed or used by the permittee to achieve compliancewith
the conditions of this individual permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation
is -necessary to achieve compliance with the conditions of this individual permit.
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 individual
permit. .
3. Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless:
Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
Part III Page 4 of 8
Pennit No. NCS000010
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineering judgment to. prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance; and
C. The permittee submitted notices as required under, Part III, Section E of this permit.
If the Director determines that it will meet the three conditions listed above, the Director may approve an
anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
Representative SamnEpZ
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a representative storm
event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be
taken before the discharge joins or is diluted by any other waste stream, body of water, or substance.
Monitoring points as specified in this permit shall not be changed without notification to and approval of
the Director.
Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the
requirements of this individual permit, the permittea shall record the following information:
a. The date, exact -place, and time of sampling, measurements, inspection or maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
C. The analytical techniques or methods used; and
f. The results of such analyses.
3. Flow Measurements is
Where required, appropriate (low measurement devices and methods consistent with accepted scientific
practices shall be selected and.used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to
NCGS 143-215.63 el. 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.
Part III Page 5 of 8
Permit No. NCS000010
To meet the intent of the monitoring required by (his individual permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the minimum
detection or lower reporting level of the procedure.
Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that are
required to be sampled, the permittee may petition the Director for representative outfall status. If it is
established that the stormwater discharges are substantially identical and the permittee is granted
representative outfall status, then sampling requirements may be performed at a reduced number of oulfalls.
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the Storinwater
Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The
permittee shall retain records of all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all
reports required by this individual permit for a period of al least 5 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time.
Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized contractor
acting as a representative of the Director), or in the case of a facility which discharges through a municipal :
separate storm sewer system, an authorized representative of a municipal operator or the separate storni
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 individual permit;
b. Ilave access to and copy, at reasonable times, any records that must be kept under the conditions
of this individual permit;
e. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this individual permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.
SECTION E: REPORTING REQUIREMENTS
1. Dischart,,c Monitorine Reports
.. Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report forms provided by the Director. Submittals shall be delivered to the Division
no later than 30 days from the dale the facility receives the sampling results from the laboratory.
The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional
Office in February of each year. The submittal shall be on forms supplied by the Division.
Part ❑1 Page 6 of 8
Permit No. NCS000010
When no discharge has occurred from the facility during the report period, the pennittee is required to
submit a discharge monitoring report, within 30 days of the end of the six-month sampling period, giving
all required information and indicating "NO FLOW" as per NCAC TI5A 0213 .0506.
The pennittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division, and shall retain the completed forms on site. Visual
monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do
so.
2. Submitting Reports
'Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to:
Central Files
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
In addition, a separate signed Annual Summary DMR copy shall be submitted to the local DWQ Regional
Office (RO) by March 1 of each year.
Addresses for each RO and the counties covered by each RO can be found here:
littp://www.enr.sta(e.iie.us/litnil/i,egioll:llofllces.ii(iii]. The permittee shall retain the completed originals
on site. Visual monitoring results should not be submitted to the Regional Offices or Central Piles unless
specifically requested by DWQ.
3. - Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal
Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection
at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be
considered confidential. Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act.
Non-Stortnwater Discharges
If the storm event monitored in accordance with this Individual Permit coincides with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under the non-stormwater
discharge permit and provide this information with the stormwater discharge monitoring report.
5. Planned Chances
i
The pennittce shall give notice to the Director as soon as possible of any planned changes at the permitted '
facility which could significantly alter the nature or quantity of pollutants discharged. This notification
rcquirement,ineludes pollutants which are not specifically listed in the Individual Pennit or subject to
notification requirements under 40 CFR Part 122.42 (a).
6. Anticipated Noncompliance
The penmittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which may result in noncompliance with the Individual Permit requirements.
Part III Page 7 of 8
Permit No. NCS000010
Spills
The permittce shall report to the local DWQ Regional Office, within 24 hours, all significant spills as
defined in Part VI of this permit. Additionally, the permittce shall report spills including: any oil spill of 25
gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill
regardless of amount occurring within 100 feel of surface waters, and any oil spill less than 25 gallons that
cannot be cleaned up within 24 hours.
Bypass
a. Anticipated bypass. If the permittce knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass,
9. Twenty-four Hour Reporting
The permittce shall report to the central office or the appropriate regional office any noncompliance which
may endanger health or the environment. Any information shall be provided orally within 24 hours from
the time the permittee became aware of the circumstances. A written submission shall also be provided
within 5 days of the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the period of
noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance. -
The Director may waive the written report on a case -by -case basis if the oral report has been received
within 24 hours.
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted. - -
11. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be
covered under this Individual Pcrnit or in any report to the Director, it shall promptly submit such facts or
information.
Part III Page 8 of 8
NCS000010
PART IV LIMITATIONS REOPENER
This individual permit shall be modified or altematively, revoked and reissued, to comply with any applicable
effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and
307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual
permit; or
b. Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this paragraph shall also containanyother requirements in the
Act then applicable.
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty)days after being billed
by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 214 .0105(b)(4) may cause
this Division to initiate action to revoke the Individual Permit.
PART VI DEFINITIONS
Act
See Clean Water Act.
2. Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the
stormwater conveyance system are:
.(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
1lushings; water from footing drains, flows from riparian habitats and wetlands. ..
(c) Discharges resulting from fire -fighting or fire -fighting training.
3. Best Management Practices (BMPs
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the
_ form of a process, activity, or physical structure. More information on BMPs can be found at:
littp:Hcfpub.epa.gov/npdes/storinwater/menuoibmps/index.cfm.
4. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility including
the collection system, which is not a designed or established operating mode for the facility.
5. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single above ground
storage container having a capacity of greater than 660 gallons or with multiple above ground storage
containers located in close proximity to each other having a total combined storage capacity of greater than
1,320 gallons.
Parts IV, V and VI Page I of
Pernut No. NCS000010
6. Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual Permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under
the permit and is signed by the Director.
7. Clean Water Act
The federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC
1251, et. seq.
8. Division or DWO
The Division of Water Quality, Department of Environment and Natural Resources.
9. Director
The Director of the Division of Water Quality, the penuit issuing authority.
10. EMC
The North Carolina Environmental Management Commission.
11. Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or
qualitatively) must be taken within the first 30 minutes of discharge.
12. Hazardous Substance
Any substance designated under 40 CPR Part 116 pursuant to Section 311 of the Clean Water Act.
13. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land
treatment facility, a surface impoundment, an injection well, a hazardous waste long -tern storage facility or
a surface storage facility.
14. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a city or town.
l5. 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 handlingequipment or activities,
industrial machinery, raw materials, intermediate products, by-products, final products, or waste products.
DWQ may grant a No Exposure Exclusion from NPDES Stormwalcr Permitting requirements only if a
facility complies with the terms and conditions described in 40 CPR § 122.26(g)
16. Notice of Intent
The slate application form which, when submitted to the Division, officially indicates the facility's notice of
intent to seek coverage under an Individual Permit.
17. Penmittee
The owner or operator issued a certificate of coverage pursuant to this Individual Permit.
18. Point Source Discharge of Stonmvater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe,
ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to
waters of the state.
19. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous
storm event measuring greater than 0. Unches must be at least 72 hours. A single storm event may have a period of
Part VI Page 2 of 4 Pages
Pennit No. NCS000010
no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a
sample may be collected if the next rain producing a discharge begins within 10 hours.
20. Representative Outfall Status _.
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the DWQ may grant representative outfall status, Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
21. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus sufficient
freeboard to allow for the 25-year, 24-hour storm event.
22. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CPR 372,65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA-title III, Section 313 reporting
requirements; and
C. Meets at least one of the following criteria:
(1) Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table
III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
,(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
23. Severe Property Damage
Means substantial physical damage to property, damage to the control facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused
by delays in production.
24. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; finished materials such as metallic products; raw materials used in food processing or production;
hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required
to report pursuant to section 313 of fitle III of SARA; fertilizers; pesticides; and waste products such as
ashes, slag and sludge that have the potential to be released with stormwater discharges.
25. Significant Shills -
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CPR 117.21) or section 102 of _
i. CERCLA (Ref: 40 CFR 302.4).
26. Stormwater Discharge Outfall (SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but.
not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas,.
from which stormwater flows directly or indirectly into waters of the State of North Carolina.
27. Stormwater Runoff'
The flow of water which results from precipitation and which occurs immediately following rainfall or as a
result of'snowmelt.
Part VI Page 3 of 4 Pages
Pennit No. NCS000010
29. Stormwater Associated with Industrial_Activit
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).
'file term does not include discharges from facilities or activities excluded from the NPDF..S program.
29. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce stormwatcr pollution
and is based on an evaluation of the pollution potential of the site.
30. Total Maximum Daily Load (TMDL)
TMDLs arc 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
hltp://h2o.etir.state.ne.us/tmdl/)
31. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act,
32. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations.
33. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.;
34. 25-year, 24 hour storm event -- The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25
years.
Part VI Page 4 of 4 Pages
NCS000010
��
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
STAFF REVIEW AND EVALUATION
NPDES Stormwater Permit
Facility Name:
NPDES Permit Number:
Facility Location:
Type of Activity:
SIC Code (if applicable):
Receiving Streams:
River Basin:
Stream Classification:
Proposed Permit Requirements:
Monitoring Data:
Response Requested by (Date):
Central Office Staff Contact:
Special Issues:
Evonik Stockhausen, Inc.
NCS000010
2401 Doyle St Greensboro, NC (Guilford County) See Figure I
Miscellaneous Chemical Manufacturing
2899 Chemical Preparations
Mile Run Creek
Cape Fcar River Basin, Sub -basin 03-06-02
C, NSW
See attached draft permit.
See Appendices
December 1, 2009
Return to Cory Larsen, (919) 807-6365
Issue
Ratm `Scale 3 cas to-°;
10 hard ;'
Compliance history
6
Benchmark exceedance
7
Location (TMDL, T&E species,
5
etc)
Other Challenges:
8
very old, expired file,
t5nding/updating/compiting
and entering data.
Tracking current staff,
rcqucsting payment of
outstanding permit fees.
Difficulty Rating:
(26)/40
Description of Onsite Activities:
• Both Evonik Stockhausen and Ashland operate onsite. Evonik Stockhausen produces products such
as a super absorbent polymer used in baby diapers, skin care products including soaps and lotions,
and concrete additives. Ashland produces water treatment chemicals including tlocculants.
Page I of 7
NCS000010
Documents Reviewed:
• SPU Files
• EPA TRI Data & MSGP
• 2008 303(d) List
• NC TMDLs
• 2005 Cape Fear Basinwide Plan
• NC Natural Heritage Program for T&F.
History:
• Last Permit Issued: Nov 1. 1999
• Permit Expired: Oct 31, 2004
• Renewal Submitted: May 4. 2004
Page 2of7
NCS000010
Central Office Review Summary:
1. Owner's Other Permits:
• NA
2. Gen eralObservations:
Large plant facility (57.5 ac). Approximately 55% iohpervious;
.Site has four stormwatcr discharge outfails (SDOs)
3. Impairment:
o Mile Run Creek not listed on 303(d) list for impairment; however, South Buffalo Creek is listed for
biological integrity. Mile Run Creek empties into S Buffalo Creek approximately less than one mile
from the facility.
o The 2005 Cape Fear Basinwide Plan does not indicate any water quality problems with Mile Run Creek
but it does discuss S Buffalo Creek for habitat degradation;
o No current TNIDLs for Mile Run Creek. S Buffalo Creek has TMDLs for Fluoride, Cyanide, and
Selenium.
4. Threatened and Endangered (within 2 miles):
o None found.
5. Location:
o The facility is located in Greensboro approximately 2 miles south of downtown in a mixed industrial,
commercial and residential area.
6. Industrial Changes Since Previous Permit:
o Since issuance in 1999. industrial activity acreage and output has increased significantly;
o SDO4I no longer receives stormwatcr associated with industrial activity.
7. Analytical Monitoring Notes:
o Analytical monitoring was required quarterly in 4°i year of permit for TSS, BOD, COD, TN, and TP
and for vehicle maintenance parameters pi 1, O&G, and "fSS;
o Monitoring was performed quarterly in the fourth year of the permit for pl-1, O&G, and TSS per vehicle
maintenance analytical monitoring requirement;
o Occasional benchmark exceedances for all parameters except O&G.
o See Table I for full results.
8. Qualitative Monitoring Notes:
o Visual monitoring performed according to at least as often as permit required (semi-annually).
o Results fairly typical and consistent with analytical monitoring results.
Page 4of7
NCS000010
"Cable 1: Analytical Monitoring
Sample
Total
TN
O&G
COD
H
TP
BOD
TSS
Date
Flow
(MG)
Benchmark:
30 mg
Benchmark:
30 mg/L
Benchmark:
120 mg/L
Benchmark:
6-9 s.u.
Benchmark:
2 mglL
Benchmark:
30 mg/L
Benchmark:
100 mg/L
SDO#1
9/26/2002
0.07
3.4
<5
: 270 :-
6.6
0.33
<12
46
11/12/2002
0.07
1.8
<5
<50
6.7
0.56
<12
24
2/22/2003
0.13
3.8
<5
<50
6.8
0.38
<14
34
6/4/2003
0.66
<0.1
<5
<50
6.8
0.16
6.4
27
12/15/2007
0.01
4.71
<5
77
6.9
0.282
10.6
64.5
3/19/2008
0.02
2.11
N/A
32
N/A
0.132
12.2
30.5
7/23/2008
0.02
4.74
N/A
65
N/A
0.65
16.8
41
1/27/20091
0.01
1 0.39
1 N/A 1
185 " '1
N/A 1
0.323
1 17.7
1 184
SDO#2
9/26/2002
0.32
1.4
<5
<50
6.9
0.13
<12
14
11/12/2002
0.33
0.6
7
<50
7
0.15
<12
61
2/22/2003
0.57
3.1
<5
<50
7.4
0.31
<14
180
6/4/2003
2.98
<0.1
<5
<50
7
0.35
7.6
72
12/15/2007
0.12
1.49
<5
57
' 9.2.«:: �%
0.076
5.34
23.3
3/19/2008
0.06
0.419
N/A
95
N/A
0.072
7.24
20.5
7/23/2008
0.07
2.14
N/A
6
N/A
: 2.78
3.86
88.6
1/27/2009
0.03
1.2
N/A
34
N/A
0.066
12.6
27.5
SDO#3
9/26/2002
0.08
140
<5
<50
7
0.17
<12
5
11/12/2002
0.08
0.7
<5
<50
7A
0.24
<12
21
2/22/2003
0.13
11
<5
<50
6.7
0.19
<14
45
6/4/2003
0.70
<0.1
<5
<50
6.8
0.13
<2.2
9
12/15/2007
0.01
3.01
<5
14
6.3
0.14
10.7
36
3/19/2008
0.02
0.89
N/A
23
N/A
0.138
8.74
24
7/23/2008
0.02
1.95
N/A
96
N/A
.,- 2.88
62.3
29.5
1/27/20091
0.01
1 0.217
1 N/A
280
N/A
0.524
46.8
78
SDO#4
9/26/2002
0.14
2.9
<5
<50
7
0.18
<12
7
11/12/2002
0.15
<,1
<7
<50
7.1
0.09
<12
14
2/22/2003
0.25
3.6
<5
<50
7.4
0.15
<14
25
6/4/2003
1.32
<0.1
<5
<50
7.1
0.2
4.9
10
12/15/2007
0.02
4.52
10.4
-:^ 3170,'
7.1
0.96
296
492-
3/19/2008
0.06
0.632
N/A
11
N/A
0.078
7.22
- 6.33
7/23/2008
0.07
1.75
N/A
60
N/A
1.55
21.3
16.5
1/27/2009
0.03
1.5
N/A
42
N/A
1 0.055
10.4
50.5
Over Current Benchmark`
Page 5 of 7
NCS000010
Revised Permit Recommendations: Analytical Monitoring:
I. Maintaining parameters:
a. TSS
b. I3O1)
c. COD
cf. TP
2. Removing parameters:
a. TN
3. Adding parameters...
a. NO3 + NO2 — NSW water. Nitrate + nitrate is a more appropriate measure of bio-available nitrogen.
b. 7n —added due benchmark exceedances at all SDOs during original sampling reported on EPA Form
2F.
c. Fe — added due benchmark exceedances at 4 of 5 SDOs during original sampling reported on EPA
Form 2F.
d. Acrylamide — added for onsite storage, use and air releases and carcinogenic characteristics.
4. pH added -- standard addition to permit.
5. All analytical monitoring set to semi-annually.
6. Benchmarks for analytical monitoring and Tiered monitoring system added to this draft permit.
7. Analytical and qualitative monitoring required during representative storm events. Qualitative monitoring
required regardless of representative outfall status.
S. Flow reporting replaced by total rainfall parameter.
9. Vehicle maint monitoring revised to semi-annually. O&G parameter removed. TPH added as replacement.
Other Proposed Changes to the Previous Permit:
1. See draft:permit for full details.
Discussions with permittee: Dick Durmtire, lI&S Supervisor, 336-333-3634. 10/21/2009. Ken Mirer, El -IS
Manager. 336-333-3510. 10/22/2009. Natalie Stennis, Ashland EHS, 336-335-3778, 10/23/2009.
1. QWhat is your SIC code?
a. ANSWER:2899.
2. Q: Has the facility performed any additional sampling since the latest results on 1/27/09?
a. ANSWER: No, MACTEC consultants advised that no more sampling was required for their permit
following Q2 2009 which was reported as "No Flow".
3. Q: What are your major products?
a. ANSWER: Three main products: super absorbent polymer, skin care products, and concrete additives.
Ashland, Inc. produces water treatment flocculants onsite as well. They work out of Plant-1, Plant-2,
Warehouse-3, and Warehouse-14. This agreement has been in place for a couple years now.
4. Q: Arc there any sources of cyanide, fluoride, or selenium onsite?
a. ANSWER: No.
5. Q: According to the renewal package, SDO91 is not associated with industrial activity. Is that still the case?
What area does SDO# 1 drain? Any explanation for the recent TSS and COD hits?
a. ANSWER: That is correct. This area drains a commercial area with an office building. The elevated
results could be due to road runoff that the outfall receives but would not be associated with our
activities.
6. Q: Do you store or produce any acrylic acid, acrylamide, or acrylonitrile?
a. ANSWER: Acrylic acid is stored and used onsite. It is reacted with NaOH as part of the process to
produce our super -absorbent polymer. No acrylonitrile. Ashland uses acrylamide for polymer
production. They have two 22,000 gallon tanks in their tank farm.
Page 6 of 7
NCSOOOOl0
Recommendations: Based on the documents reviewed, the application information submitted on May 4, 2004 is
deemed sufficient to issue an Individual Stormwater Permit.
Prepared by (Signature) Date
Stormwater Permitting Unit Supervisor fJ ��X Date_��Z
for Bradley Bennett
Concurrence by Regional OfficeC��ll�
Water Quality Supervisor
Regional Office Staff Comments
120 ✓�'Gtnmtavl(1 iSSdu;ezL aS ele4�Q—.(�
�/4r
Page 7 of 7