Loading...
HomeMy WebLinkAboutNCS000096_APPLICATION_20090522STORMWATER DIVISION CODING SHEET PERMIT NO. N C S bOC(51 �O DOC TYPE ❑ FINAL PERMIT ❑ MONITORING INFO M APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ 20b9D522 YYYYMM DD NCS000096 NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Dee Freeman Secretary Facility Name: Chemetall Foote Corporation NPDES Permit Number: NCS000096 Facility Location: 348 Holiday Inn Dr, Kings Mountain, NC (Cleveland County) Type of Activity: CHEMICAL MANUFACTURING SIC Code: 2819 Receiving Streams: See Figure 1 River Basin: Broad River Basin, Sub -basin 03-08-05 Stream Classification: C Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table 1 Response Requested by (Date): rl �Hst 14 Zm9 Central Office Staff Coritact: Return to: Brian Lowther, (919) 807-6368 Special Issues: lssue Rating Scale: 1 eas to 10 hard •• Compliance history 5 Benchmark exceedance 1 Location (TMDL, T&E 3 '. species, etc Other Challenges: 8 • Needed updated into and map • Analytical —parameters Difficulty Rating: 17/40 Description of Onsite Activities: • . The site is a diversified chemical processing facility. a. Casting - melts and casts lithium metal for the Battery Industry. b. Battery - extrudes lithium ingot from Casting into foil, and sends the foil to battery producers. No batteries are produced on site. e. Halide - produces Page 1 of 8 NCS000096 • lithium bromide in a water solution from lithium carbonate and hydrobromic acid. • lithium chloride in a water solution from a concentrated lithium chloride brine brought to the site and the use of lithium carbonate and hydrochloric acid. • lithium aluminate - from a reaction of aluminum oxides and lithium compounds. • pharmaceutical carbonate - from lithium hydroxide and carbon dioxide. d. Shipping - repackages different lithium products and loads them into trucks. Also stores different products produced at other locations for shipment to customers. e. Pilot Facility - Produces developmental organometallic products in solvents. Documents Reviewed: • NPDES Stormwater Permit Application Materials • National Heritage Program (NHP) Threatened and Endangered Species Database • SPU File • Central Files • EPA Sector -Specific Permit, 2008 • 303(d) List, 2008 draft, 2006 final • 2008 Broad Basinwide Plan History: • October 1, 1994: Date permit first issued. Analytical parameters included TSS, pH and Toluene. Sampling was required annually. • July 2, 1998: Letter from Tom Belnick informing SPU the company requested the removal for Outfall 002 from their NPDES permit. The NPDES permit was drafted with outfall 002 removed. • February 19, 1999: Reminder letter for renewal. • May 22, 2003: Date permit re -issued. Analytical parameters included TSS and pH. Sampling was required annually during the first three years and quarterly during the fourth year. • May 5, 2009: Renewal application sent. • May 22, 2009: Date permittee submitted renewal application. Page 2 of 8 NCS000096 Figure 1: Map of Facility e ( \ r /''/ ,fl .� �- f(.' f/'�'+."�Y s•'f�` w °� ?+ \91-'i,yo-�i-+Jai <I t}rl'y��'fir.=`. "t:'.. fN rk l / j Y VI n {w` �� -� v,J J1 �r >a<�� .`d' yr i �jt ,r• t, A. { � I, , �, { ^'Y "..Y Y� °{,� rW i ,qi�)r�. r rq+�¢'�_(2 ..rill t i! is i/✓� `LR �. t, �T��r II�ri a�d'�1 ir1 l� /�•ji)',� ' if r,ti1A r 'vial\,c P �R� x':V '�1V 7'•.%X.Va 1 \ l Cl3F . I t c \ \j Y J.• /` X c)� a— O-AN �1 l r P { E{� Y r/ YA3 r�1.il �i P�/J'•��VQ{`f�� w�1{ Yit# r'W 1 Pona7� >�, i 1 u . sf e �. ea •. � C -•y�rw i. Y,' S '�\ a'b` Chemetall Foote Corp " w1e �f,' FjK7' ,�,1 ; ','J\, l +q �l{ r�r g��.�'r /.,r i!. 1117+IG IiP1'd;.,4s ++ttWvr Ccslrt fl� Y' �,s vt;$" —• �c n. r�•i {, Qf�fij� tf i � 3 9'4 1 S„�' J •i\ :Yc 'J�` r { {1' J 1 r / � l<� r `u�' Lu. M1� lr'F K af�i q 1{\ rvr'h '✓ti'p� h s r +�1�'1� /r />\� ^(a �r..lSr�' ''> l}I ( S.,A t�.i 'j q j� pr/. t y,7J ] lUt k* L°id. 'i7J�,�Y'Ird.-il-�'V�Aer`" �-_...,,r.rl/.�f��ll, �(� ili ;. �O�f , -i u*>✓tik--'( ��a "ty /e 5 ,. e t '}'r k /y '/tt J ",/x',�r7 iS t`• b( / •v- v '„', r%L "/r A ,% �Y4 v(k 'tl lrircF' 3\71/1 , lT1 �^ A i16 r/ Ja iH \ 's ?•• '� a) T l `? `r tN' / C<l:.C\ r N"'r l,Ys i' i e{' 1 r i Aq -� ,,/'� / 1 r•^ S k !) / i7 a Sa +r ^r; l�.`/•'Ji l 1 Fria°�J 4�25t �tr✓r �� �1.1 c, (�,9 n t�..,✓' r �1A6 i /. f l yy •v Sj �,rC \�A '1�� f; !•(��✓i'�.�{�{ J s"zli, ,y v J 1 N �1 � , '�. �) { � �yl\.\ �y✓'.\L..,�,/i13 �,� � �,k'�rt d�` `_J / rr1�J �\'`• �\�(,k..{�^� �l�+�c\"�'^,� ,`�� }}��'.., ' >" / r t i .�] � fh ..., '-\3r /' +� j' \9 X.'3. I ,f � t ✓ w /� r N ` � / t j{ 1 � f �� '� � �I � tPr v i/' j I r (� t' r .F�I 15,.•vY"�i�'f. %Si-,.,`tHYJ }J 1 ) ../ < J / / t !/ lr /��bl�l \ I 1 % r/ � j �ir \1 1ri( y iyy t r^.t.1/ ��� 1WV f��) ''�jT l+i.(i/l YJr��• �'�i`�{ sj%�+�.-` s' s ,;,Z\" ,r. 1 , ,l J (tS/ ;,+' �r '-•�•.r� 1 I I IstCr"��� 1 �(jj [a / z� ( f y ,\ � .... ,x �;L�r/rr/�� i )i i { \. t It >. 4 ��p -•`, }trti- �� ,fit /�G �e��7i_-0tY �^, �t�l��t\ I1 -` ��/I(i//�Vt:11}e ...-.�/{s ` ��V..{��.yi�I`r/�i�\�1� l_,'N. �i•�." NCS000096 Chemetall Foote Corporation Lab tide: 350 13' 2" N LongibJde: 810 21' 11" W ON County: Cleveland Receving Stream: Kings Creek %2 Slream dass: C Sub-bagn: 03-08-05 (Broad River B3sn) Facility Location W SCa/e 1:24,000 Page 3 of 8 NCS000096 Central Office Review Summary: 1. Owner's Other Permits: • NCO033570 —Wastewater Permit —There is one outfall permitted for Condensate, noncontact cooling, blowdown. Limits for this outfall are Chlorine, Flow, Lithium, pH, TSS, Temperature and P/F STAT Acu Pimephales. • AFS - 3704500295 2. Gen eralObservations: There are 3 different drainage areas: Area 004 is on the East Side of the plant. Runoff from that area flows through piping to a low point, where a pipe carries the water under a plant road to SW Discharge Point 4, which discharges into Kings Creek. Area 005A discharges across the surface and through piping. All the run-off from this area drains into piping in front of the Shipping building, and from there flows under a road to a discharge in the area we call the Sand Trap. The Sand Trap is simply an open area with no chemicals or equipment. It flows across this area towards the South, where it enters a pipe that runs under a plant road and discharges into Kings Creek. Area 005B is primarily surface run-off that flows across the plant and a Swale on the South side, above Kings Creek, channels the flow to a drain pipe that runs under a plant road and then discharges into the Sand Trap. At one point, in previous permits, discharge point 005 was the only stormwater discharge point. The problem was that it required a very significant rain fall event to get a discharge from pipe 005. Since there was nothing in the Sand Trap area, we modified the permit to allow sampling and monitoring to occur at Points 005A and B. 3. Impairment: Kings Creek is not on the 2006 303(d) list. The Basinwide Plan showed Kings Creek as supporting and had no recommendations. 4. Threatened and Endangered: Based on the Natural Heritage virtual workroom there are no federally threatened or endangered species within 2 miles of the site. 5. Location: Classified C Stream 6. Industrial Changes Since Previous Permit: The following changes have occurred since the last permit application. 1. A chiller system has been added for casting. It is equipped with containment and will be added to the containment program when the unit is operational. 2. The sulfuric acid storage tank has been emptied and remains empty. The containment remains around the empty tank. 7. Analytical Monitoring Notes: TSS and pH were required to be sampling annually for the first three years and quarterly during the fourth year. Nine samples from 12/10/2003 to 9/16/2008 were submitted with the renewal application. There were no values over the current benchmarks. The EPA Multi -Sector General Permit subsector C2 Industrial Inorganic Chemicals recommends monitoring for Total Aluminum, Total Iron, and Nitrate plus Nitrite Nitrogen. These parameters were not added to the renewal permit because the site's industrial activities do not include these parameters. Hexane and Oil&Grease has been added to the monitoring because they are potential pollutants onsite. 8. Qualitative Monitoring Notes: Visual monitoring was done at three outfalls from 5/6/03 to 4/21 /09. Rain events on 5/6/03 and 5/22/03 show reddish solids because of road erosion and also from a septic tank replacement project. All the other entries show no signs of pollution. Page 4 of 8 NCS000096 Table 1: Analytical Monitoring Required Sampling Range I Sample Date Total Flow (MGD) Precipitation (in) Duration (hours) TSS pH Benchmark: 100 mg/L Benchmark: 6-9 su Outfall 1 05/01/03 to 04/30/04 12/10/2003 0.277 1 12.5 4 7.6 05/01/04 to 04/30/05 7/12/2004 0.22 0.8 4 19.5 7.8 05/01/05 to 04/30/06 6/4/2005 0.433 1.6 8.3 19.5 7.4 05/01/06 to 06/31 /06 5/22/2006 0.332 1.2 2.5 5.2 7.6 08/01/06 to 10/31/06 8/22/2006 0.208 0.75 2.5 4 7.3 11/01/06 to 0 1/31 /07 11/16/2006 0.554 2 12 29.6 7.2 02/01/07 to 04/30/07 2/25/2007 0.208 0.75 8 13 7.5 10/25/20071 0.346 1.25 20 12 7.6 9/16/2008 0.346 1.22 5 3 7.5 Outfall2 05/01/03 to 04/30/04 12/10/2003 0.714 1 12.5 5 7.6 05/01/04 to 04/30/05 7/12/2004 0.571 0.8 4 42.2 7.9 05/01/05 to 04/30/06 6/4/2005 1.143 1.6 8.3 6.8 7.6 05/01/06 to 06/31 /06 5/22/2006 0.857 1.2 2.5 0 7.7 08/01/06 to 10/31/06 8/22/2006 0.536 0.75 2.5 2 7.7 11 /0 1/06 to 0 1/31 /07 11/16/2006 1.438 2 12 1 7.7 02/01/07 to 04/30/07 2/25/2007 0.536 0.75 8 2.3 7.3 12 25/2007 ' 0.893 1.25 20 12 7.5 9/16/2008 0.893 1.25 5 6 1 7.5 Outfall 3 05/01/03 to 04/30/04 12/102003 0.098 1 12.5 20 7.6 05/01/04 to 04/30/05 7/12/2004 0.078 0.8 4 8.4 7.6 05/01/05 to 04/30/06 6/4/2005 0.156 1.6 8.3 12.1 7.4 05/01/06 to 06/31/06 5/22/2006 0.177 1.2 2.5 2 6.9- 38/01/06 to 10/31 /06 8/22/2006 0.733 0.75 2.5 4 7.3 11/01/06 to 01/31/07 11/16/2006 0.196 2 12 9.2 7.8 02/01/07 to 04/30/07 2/25/2007 0.073 0.75 8 9 7.3 10/25/2007 0.122 1.25 20 2 7.8 9/16/2008 0.122 1.25 5 10 7.4 Over Current Benchmark Data Not Collected Page 5 of 8 NCS600096 Revised Permit Recommendations: Analytical Monitoring: 1. Maintain monitoring for pl-I and TSS. Add n-Hexane and Oil&Grease to the analytical monitoring requirements because they are potential pollutants from the site. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part 11 Section B. The permittee must also document the total precipitation for each event. 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. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or. install stonnwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this" permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier. 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 4. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 5. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. . Other Proposed Changes to the Previous Permit: L. Additional. guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part 11 Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part 11 Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part 11 Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part 11 Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft 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. Additional information is provided in Part I Section A. Page 6 of 8 1► ei-11111111 1 Discussions with permittee: Ralph Hawk, 704-734-2698, ralph.hawk@chemetall.com, Emailed answers on 6/12/09 1. General description of onsite industrial activities. The site is a diversified chemical processing facility. See General Observations above for my details. 2. Do you have a map that shows more details? More details on the flow of stormwater and outfal I locations. Updated map submitted. 3. How, much lithium brine product is stored outside? Is there any secondary containment for the plastic containers? Materials on site stored outdoors. • HCl Bulk Storage Tank - 15, 000 gallons, within containment. • HBr Bulk Storage Tank - 13, 000 gallons, within containment, and under roof no sides • Used Oil Tank - 1, 000 gallons, in secondary containment. • Diesel & Gasoline Tanks - 1, 000 gallons, within containments, under roof, no sides • Lithium Drum Wash - drums that had lithium metal are staged on a concrete pad until washed. The pad is curbed and contained. No runofffrom the pad. The neutralized washings are collected in totes (275 gallon) for transfer to storage tanks. Adjacent to this area is the hexane storage area where up to two 500 gallon transportable tanks are staged after delivery. These transportable tanks contain hexane for use in the plant. The hexane is transferred to drums form the tanks. These tanks are stored in a curbed area under a roof The hexane in drums is stored in a building (roofand walls) that has a containment. • Bulk liquefied argon and carbon dioxide tanks. Cryogenic liquids. • There are a number of empty cylinders for the shipment ofproduct outside, around the Pilot Facility. These cylinders are kept closed. • There are also several small tanks ofcryogenic liquids (argon, nitrogen) staged around laboratory areas, and two storage tanks for propane along with a storage rack for propane tanks for fork lifts. There are compressed gas cylinders stored outside, adjacent to buildings. None appear to be any issue related to stormwater. • There are a number ofdumpsters on site. Some are equipped with covers, but sonne are not. Page 7 of 8 NCSd00096 Recommendations: Based on the documents reviewed, the application information submitted on May 22, 2009 sufficient to issue an Individual Stormwat/er Permit. Prepared by (Signature) ,� (. . Date C 27 oT Stormwater Permitting Unit Supervisor Date for Bradley Bennett Concurrence by Regional Office Date RO Water Quality Regional Office Staff' Comments (attach additional pages as necessary) Does the Lithium brine storage area need secondary containment? Page 8 of 8 eh NCENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman "a Governor Director � " S c?etary 4 August 11, 2009 Mr. Ralph W Hawk Chemetall Foote Corporation . 348 Holiday Inn Dr Kings Mountain, NC 28086 Dear Mr. Hawk: AUG 1 2 2009 Subject: Drafts ES,Stprmwater .,,,e1irol. Permit No. NCS000096 Chemetall Foote Corporation Cleveland County Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoringcges: 1. Analytical monitoring parameters, pH and TSS have been maintained in this permit. 2. Analytical monitoring parameters, n-Hexane and Oil & Grease have been added to the analytical monitoring requirements because they are potential pollutants from the site. 3. All analytical monitoring has been set to semi-annually during a representative storm event as;defhned in Part II Section B. The permittee must also document the total precipitation for each event. 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. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Ezceedances 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. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. Wetlands and Stormwater Branch �i1C L, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 NOTti1C1I011111 Location: 512 -8 N. Salisbury St. Raleigh, North Carolina r SeNi Natural�y Phone: 979.807-63001FAX: 919A07-64941CustomerService:l-877823-6748 L Internet www.nmalerquality.org An Equal Opportunity 1 Affirmative Action Employer Mr. Ralph W Hawk Chemetall Foote Corporation Permit No. NCS000096 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit changes: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. . 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified, in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft 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. Additional information is provided in Part I Section A. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are . received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6368 or brian.lowtherQncdenr.gov Sincerely, Brian Lowther Environmental Engineer Stormwater Permitting Unit cc: Moore villeRegional:Oi ee ff Stormwater Permitting Unit Attachments: Draft Stormwater Permit NCS000096 Recommendations: Based on the documents reviewed, the application information submitted on May 22, 2009 sufficient to issue an Individual Stormwaterer Permit. Prepared by (Signature) .--:e C— • Date C 27 4? Stormwater Permitting Unit Supervisor Date /3 4 jfor Bradley /Bennett Concurrence by Regional Office /CL. ( 9 — /e Date L-)+Q c' C� RO Water Quality Supervisorz�/. �) Date I Z19 Regional Office Staff Comments (attach additional pages as necessary). Does the Lithium brine storage area need secondary containment? L/Tr INsi'c/nrrPCzz-� or/ 03-3�-o`I �n j�2M RE✓ 4 . %/t!L' LLoWi.✓G WAS a �S'=FA- G� Z /3aG �' s/&,25eF T eS o,,/.771 ��'` i� w / 77f IJ� COtitTfH,uKc^�/`��f• / i Loi✓ I Go ✓ Ai ✓ o Vic` y2s / T/� ✓K /s All�/Lbx. 2 S— 30/ o o o G A L L(Tff/v'I Cfi(A/LI/c' !J ✓ILL Af /210oo GALLo/✓ 06T In/SGr� T/,Lis Tlyc) �3 2u� sin G;.f Go lfhn Uh TO Zoo i�QuMs. CSfGR�/GAcff) t L /3 v 5 io.c/FG Tf/ /KS Ft^'/ g G L S 3n ply L lb(6gS To 3c f%jloi/ii� wr� ScGo�� 7 Go r%�/✓rlGr/: Y� rtJo/l,R-� S IN � /�N /' ''lzH2�� o J i iNl�s 1 /i / n t��`"L'• y S /i�(i /f ti'.�'r RLLo D` TS S r /LeDvc.N6 U/R5 i c. Y.5� W/[L GA�c4:f T ff'S Fo/Gi'fSs Fq-oLf i .Page 8 of 8 V ( r V &ot nz NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Colleen H. Sullins Dee Freeman Governor Director Secretary July 14, 2009 Individual NPDES Stormwater Permit Renewal Transmittal Cover Page To: Mooresville Regional Office Subject: NPDES Stormwater Permit No. NCS000096 Chemetall Foote Corporation == Kings Mountain, NC (Cleveland County) Attachment Description ® Staff Report ® Draft Permit ® Renewal Application JUL 1 F --i Please provide comments on the draft permit and sign staff report if acceptable. Return to Brian Lowther at the Central Office by August 14, 2009. Brian Lowther Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748 Internet: mmmcwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naturally Rl Precipitation Frequency Data Server 70 114.54 113.25 112.08 111.55 110.97 110.60 110.37 110.21 Page 2 of 3 1000 are "These precipitatbn hequenq estimates are based on a partial dumtim maxima series ARI is the Average Becummos Interval Please refer to NOAA Atlas 14 Document for mans inMmabon. NOTE: Formatting prevents estm3ms near zap to appear as zem. Text version of tables 18 g7 4 L 2 1 0.7 0.3 c 0.2 e ti .1 07 c .05 0 * .03 .02 a .01 m c a 001 Partial duration based Point IDF Curves - Version: 3 35.7606 N 79.4622 N 498 ft EMEEN�ONE MERINO No WMIMMIMEMM�1♦������ m rue Jun 02 09:29:13 2009 Maps - b a, Duration - - m er P b verag• Recurrence Interval (years) 1-year bu-year -�- 2-year +- 100-year — 5-year 200-year -+- 10-year 500-year -� 25-uear 1000-uear..-a- These maps were produced using a direct map request from the y S_Qgag0ujm Map in an CaqQ gmhi msum Tiygr Mapserva. http://hdsc.nws.noaa.gov/cgi-binlhdsclbuildout.perl?type=idf&units=us&scrics=pd&statename=NORTH+C... 6/2/2009 NCS000096 r NCDENR 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: Chemetall Foote Corporation NPDES Permit Number: NCS000096 Facility Location: 348 Holiday Inn Dr, Kings Mountain, NC (Cleveland County) Type of Activity: CHEMICAL MANUFACTURING SIC Code: 2819 Receiving Streams: See Figure I River Basin: - Broad River Basin, Sub -basin 03-08-05 Stream Classification: C Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table I Response Requested by (Date): A 9'j 14 2wy Central Office Staff Contact: Return to: Brian Lowther, (919) 807-6368 Special Issues: Issue Rating Scale: 1 eas to 10 hard Compliance history 5 Benchmark eaceedance I Location (TMDL, T&E 3 species, etc) Other Challenges: 8 • Needed updated into and map • Analytical arameters Diflicul Ratin : 17/40 Description of Onsite Activities: • The site is a diversified chemical processing facility. a. Casting - melts and casts lithium metal for the Battery Industry. b. Battery - extrudes lithium ingot from Casting into foil, and sends the foil to battery producers. No batteries are produced on site. c. Halide - produces Page 1 of 8 NCS000096 • lithium bromide in a water solution from lithium carbonate and hydrobromic acid. • lithium chloride in a water solution from a concentrated lithium chloride brine brought to the site and the use of lithium carbonate and hydrochloric acid. • lithium aluminate - from a reaction of aluminum oxides and lithium compounds. • pharmaceutical carbonate - from lithium hydroxide and carbon dioxide. d. Shipping - repackages different lithium products and loads them into trucks. Also stores different products produced at other locations for shipment to customers. e. Pilot Facility - Produces developmental organometallic products in solvents. Documents Reviewed: • NPDES Stormwater Permit Application Materials • National Heritage Program (NHP) Threatened and Endangered Species Database • SPU File • Central Files • EPA Sector -Specific Permit, 2008 303(d) List, 2008 draft, 2006 final • 2008 Broad Basinwide Plan History: • October 1, 1994: Date permit first issued. Analytical parameters included TSS, pH and Toluene. Sampling was required annually. • July 2, 1998: Letter from Tom Belnick informing SPU the company requested the removal for Outfall 002 front their NPDES permit. The NPDES permit was drafted with outfall 002 removed. • February 19, 1999: Reminder letter for renewal. • May 22, 2003: Date permit re -issued. Analytical parameters included TSS and pH. Sampling was required annually during the first three years and quarterly during the fourth year. • May 5, 2009: Renewal application sent. • May 22, 2009: Date permittee submitted renewal application. Page 2 of 8 NCS000096 Figure 1: Map of Facility A ,V_ ' x fir! M."ti W�, Chemetall Foote Corp. . . . . . . . . . . . . . . . n A\ ro� OR .-0., 1 "rE:jI kj i 1 r", f Tk; ZI,fi 'g" if if 14 .17 --d"', 1 A: 134 It v� 171 Y F 10 0 jO x P(N W % �-A j & NCS000096 Chernetall Foote Corporation Lab tude: 350 13' 2" N 12� Longitude: 810 21' 11" IN County: Cleveland VNI L, ReceNng Stream: Kings Creek Str earn CI ass: C Sub -basin: 03-08-05 (Broad River Basin) Facility Location A19p Scale 1.24,000 Page 3 of 8 NCS000096 Central Office Review Summary: Owner's Other Permits: • NCO033570 — Wastewater Permit —There is one outfall permitted for Condensate, noncontact cooling, blowdown. Limits for this outfall are Chlorine, Flow, Lithium, pl-1, TSS, Temperature and P/F STAT Acu Pimephales. • AFS - 3704500295 2. Gen eralObservations: There are 3 different drainage areas: Area 004 is on the East Side of the plant. Runoff from that area flows through piping to a low point, where a pipe carries the water under a plant road to SW Discharge Point 4, which discharges into Kings Creek. Area 005A discharges across.the surface and through piping. All the run-off from this area drains into piping in front of the Shipping building, and from there flows under a road to a discharge in the area we call the Sand Trap. The Sand Trap is simply an open area with no chemicals or equipment. It flows across this area towards the South, where it enters a pipe that runs under a plant road and discharges into Kings Creek. Area 005B is primarily surface run-off that flows across the plant and a swale on the South side, above Kings Creek, channels the flow to a drain pipe that runs under a plant road and then discharges into the Sand Trap. At one point, in previous permits, discharge point 005 was the only stormwater discharge point. The problem was that it required a very significant rain fall event to get a discharge from pipe 005. Since there was nothing in the Sand Trap area, we modified the permit to allow sampling and monitoring to occur at Points 005A and B. 3. Impairment: Kings Creek is not on the 2006 303(d) list. The Basimvide Plan showed Kings Creek as supporting and had no recommendations. 4. Threatened and Endangered: Based on the Natural Heritage virtual workroom there are no federally threatened or endangered species within 2 miles of the site. 5. Location: Classified C Stream 6. Industrial Changes Since Previous Permit: The following changes have occurred since the last permit application. I. A chiller system has been added for casting. It is equipped with containment and will be added to the containment program when the unit is operational. 2. The sulfuric acid storage tank has been emptied and remains empty. The containment remains around the empty tank. 7. Analvtical Monitoring Notes: TSS and pH were required to be sampling annually for the first three years and quarterly during the fourth year. Nine samples from 12/10/2003 to 9/16/2008 were submitted with the renewal application. There were no values over the current benchmarks. The EPA Multi -Sector General Permit subsector C2 Industrial Inorganic Chemicals recommends monitoring for Total Aluminum, Total Iron, and Nitrate plus Nitrite Nitrogen. These parameters were not added.to the renewal permit because the site's industrial activities do not include these parameters. Hexane and Oil&Grease has been added to the monitoring because they are potential pollutants onsite. 8. Qualitative Monitoring Notes: Visual monitoring was done at three outfalls from 5/6/03 to 4/21/09. Rain events on 5/6/03 and 5/22/03 show reddish solids because of road erosion and also from a septic tank replacement project. All the other entries show no signs of pollution. Page 4 of 8 NCS000096 Table I:. Analytical Monitoring Required Sampling Range I Sample Dale Total Flow (MGD) Precipitation (in) Duration (hours) TSS pH Benchmark: 100 mg/L Benchmark: 6-9 su Outfall 1 05/01/03 to 04/30/04 12/10/2003 0.277 1 12.5 4 7.6 05/01/04 to 04/30/05 7/12/2004 0.22 0.8 4 19.5 7.8 05/01/05 to 04/30/06 6/4/2005 0.433 1.6 8.3 19.5 7.4 05/01/06 to 06/31 /06 5/22/2006 0.332 1.2 2.5 5.2 7.6 08/01/06 to 10/31/06 8/22/2006 0.208 0.75 2.5 4 7.3 11/01/06 to 0 1/31 /07 11/16/2006 0.554 2 12 29.6 7.2 02/01/07 to 04/30/07 2/25/2007 0.208 0.75 8 13 7.5 10/25/2007 0.346 1.25 20 12 7.6 9/16/2008 0.346 1.25 5 3 7.5 •utfall 2 05/01/03 to 04/30/04 12/10/2003 0.714 1 12.5 5 7.6 05/01/04 to 04/30/05 7/12/2004 0.571 0.8 4 42.2 7.9 05/01/05 to 04/30/06 6/4/2005 1.143 1.6 8.3 6.8 7.6 05/01/06 to 06/31 /06 5/22/2006 0.857 1.2 2.5 0 7.7 08/01/06 to 10/31/06 8/22/2006 0.536 0.75 2.5 2 7.7 11/01/06 to 0 1/31 /07 11/16/2006 1.438 2 12 1 7.7 02/01/07 to 04/30/07 2/25/2007 0.536 0.75 8 2.3 7.3 10/25/2007 0.893 1.25 20 12 7.5 9/16/2008 0.893 1 1.25 5 1 6 7.5 •utfall 3 05/01/03 to 04/30/04 12/10/2003 0.098 1 12.5 20 7.6 05/01/04 to 04/30/05 7/12/2004 0.078 0.8 4 8.4 7.6 05/01/05 to 04/30/06 6/4/2005 0.156 1.6 8.3 12.1 7.4 05/01/06 to 06/31 /06 5/22/2006 0.177 1.2 2.5 2 6.9. ; 08/01/06 to 10/31/06 8/22/2006 0.733 0.75 2.5 4 7.3 11/01/06 to 0 1/31 /07 11/16/2006 0.196 . 2 12 9.2 7.8 02/01/07 to 04/30/07 2/25/2007 0.073 0.75 8 9 7.3 12 212007 0.12E 1.25 20 2 7.8 9/16/2008 0.122 1.25 5 10 7.4 Over Current Benchmark Data Not Collected Page 5 of 8 NCS000096 Revised Permit Recommendations: Analytical Monitoring: 1. Maintain monitoring for pH and TSS. Add n-Hexane and Oil&Grease to the analytical monitoring requirements because they are potential pollutants from the site. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part 11 Section B. The permittee must also document the total precipitation for each event. 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. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table'2. 3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or. install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier I guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier. I and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 4. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part 11 Section B. Qualitative monitoring is required regardless of representative outfall status. 5. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in 'this permit, however.) 7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: I . Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part 11 Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part 11 Section A. More details regarding secondary containment are provided. 3. Additionalrequirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility most now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part 11 Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § I22.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Page 6 of 8 NCS000096 Discussions with permittee: Ralph Hawk, 704-734-2698, ralph.hawk@chemetall.com, Emailed answers on 6/12/09 I. General description of onsite industrial activities. The site is a diversified chemical processing facility. See General Observations above for my details. 2. Do you have a map that shows more details? More details on the flow of stormwater and outfall locations. Updated map submitted. 3. How much lithium brine product is stored outside? Is there any secondary containment for the plastic containers? Materials on site stored outdoors. • HC1 Bulk Storage Tank- 15,000gallons, within containment. • HBr Bulk Storage Tank - 13, 000 gallons, within containment, and under roof, no sides • Used Oil Tank - 1, 000 gallons, in secondary containment. • Diesel & Gasoline Tanks - 1, 000 gallons, within containments, under roof, no sides n • Lithium Drum Wash - drums that had lithium metal are staged on a concrete pad until washed. The pad is curbed and contained. No runofffrom the pad. The neutralized washings are collected in totes (275 gallon) for transfer to storage tanks. Adjacent to this area is the hexane storage area where up to two 500 gallon transportable tanks are staged after delivery. These transportable tanks contain hexane for use in the plant. The hexane is transferred to drums form the tanks. These tanks are stored in a curbed area under a roof The hexane in drums is stored in a building (roof and walls) that has a containment. • Bulk liquefied argon and carbon dioxide tanks. Cryogenic liquids. • There are a number of'empty cylinders for the shipment ofproduct outside, around the Pilot Facility. There cylinders are kept closed. • There are also several small tanks of cryogenic liquids (argon, nitrogen) staged around laboratory areas, and two storage tanks for propane along with a storage rack for propane tanks for fork lifts. There are compressed gar cylinders stored outside, adjacent to buildings. None appear to be any issue related to stormwater. • There are a number ofclumpsters on site. .Some are equipped with covers, but some are not. Page 7 of 8 NCS000096 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 V' In compliance with the provisions of North CarolinaeGen laStatate'143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental r � Management Commission, and the Federal Water Pollution Control Act, as amended, ChemetallFoote Corporation is hereby authorized,to discharge stormwater from a facility located at etall Foote Corporation 48 Holiday Inn Dr. .ings Mountain, NC Cleveland County to receiving waters designated as Kings Creek, a class C stream in the Broad River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, 111, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective October 1, 2009. This permit and the authorization to discharge shall expire at midnight on September 30, 2014. Signed this day September 18, 2009. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000096 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 Plari,�,,\ Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requ" ire' ents� 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. 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 i Permit No. NCS000096 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 I. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 7Vn 5. Representative Outfl 6. Records Rete t o 7. Inspection and -Entry Section E: Reporting Requmements 1. Discharge Monitoring Reports 2. Submitting;Reports \ i 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. NCS000096 PART I 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 ACTIV Until this permit expires or is m6dified'0r"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 shallll,be\�in accordance with the conditions of this permit. Any other point source discharge_to'su` rface 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 I of 2 SECTION C: LOCATION MAI' NCS0O0096 MIPScale 1,24,000 Chemetall Foote Corporation Latitude: 350 13' 7' N Longitude: 810 21' 11" W County: Clevdaid Recaving Stream: Kings Creek Stream 4 ass: C Sub -basin: 03-08-05 (Broad River Basin) Facility Location Part I Page 2 of 2 Permit No. NCS000096 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 potential pollutant sources which may be expected stormwater discharges. The site plan shall contain (a) A general location map (USGS equivalent map), showing the fa and surface waters, the name of outfall(s) discharges, or if the di system, the name of the muni`cif accurate latitude and longitude c map (or alternatively the site map) impaired (on the state's 303(d) li's which a TMDL has=been establis al facility and the to contamination of or appropriately drafted n relation to transportation routes Rer(s) to which the stormwater chaige is to a municipal separate storm sewer dity and the ultimate receiving waters, and the point(s) of discharge. The general location hall identify whether each receiving water is of impaired waters) or is located in a watershed for ied, and what the parameter(s) of concern are. (b) A narrative de`scription.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-story$water discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section Part I I Page I of 10 Permit No. NCS000096 B, Paragraph 5. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. 2. 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'.ar�eas of potential contamination. (b) Secondary Containment Requiremerifsand Records. Secondary containment is v required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title Ill of the Superfun'd Amend em nts and Reauthorization Act (SARA) water priority chemicals; andIstorage,in any amount of hazardous substances, in order to prevent leaks and spills rfrom contaminating stormwater runoff. A table or summary of all such,t nks 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 aIlocking- niechanism), 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. 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 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 Part 11 Page 2 of 10 Permit No. NCS000096 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 material handling areas, disposal areas, process areas haul roads), all drainage features and structures; and( program shall establish schedules of inspections, ma activities of stormwater control systems, as well as f< facility systems that present a potential for stoimwati Inspection of material handling areas and regular cle; be incorporated into the program. Timely complianc inspections, maintenance, and housekeeping shall be in the SPPP. ncluding material storage areas, oading and unloading areas, and :isting structural BMPs. The penance and housekeeping lityequipment, facility areas, and exposure or stormwater pollution. ing schedules of these areas shall with the established schedules for in writing and maintained 5. Employee Training. Training programs shall be developed and training provided at a i 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. 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 Part 11 Page 3 of 10 Permit No. NCS000096 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 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 11 B and C of this permit. A Implementation. The permittee shall im shall include documentation of all moni activities, and training provided to empl of actions taken to implement BMPs as: vehicle maintenance activities. Such do five years and made available to the D��i�r immediately upon request. /7 \Implementation of the Plan ients;anspections, maintenance the'log of the sampling data and industrial activities, including I be kept on -site for a period of :tor's authorized representative Part 11 Page 4 of 10 Permit No. NCS000096 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. Analvtical Monitorine Requirement's Discharge Measurement Frequency[ Sample Sample Characteristics Units TypC2 Location3 Total Suspended Solids mg/L /-`&mi-annual Grab SDO n-Hexane m /L %f semi-annual Grab SDO Oil & Grease mg/L serni-annual Grab SDO H standard semi-annual Grab SDO Total Rainfall° m lhesJ \ ; semi-annual Pain Gauge f / % Footnotes: 1 I Measurement Frequency: Twice per year,d,uring a representative storm event. 2 Grab samples shall be collectedwith n 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. NCS000096 Table 2. Monitoring Schedule Monitoring periodt'2- Sample Number Start End Year 1 — Period 1 1 October 1, 2009 March 31, 2010 Year 1 — Period 2 2 April 1, 2010 September 30, 2010 Year 2 — Period 1 3 October 1, 2010 March 31, 2011 Year 2 — Period 2 4 April 1, 2011 September 30, 2011 Year 3 — Period 1 5 October 1, 2011 March 31, 2012 ' Year 3 — Period 2 6 April 1, 2012 September 30, 2012 Year 4 — Period 1 7 October 1, 2012 March 31, 2013 Year 4 — Period 2 8 April 1, 2013 September 30, 2013 Year 5 — Period 1 9 October 1, 2013 March 31, 2014 Year 5 — Period 2 10 April 100,I4 September 30, 2014 Footnotes: I Maintain semi-annual monitoring during permit renev Permit, the permittee has submitted an application for the permittee will be considered for renewed coverage monitoring until the renewed Certificate of Coverage, 2 If no discharge occurs during the sampling period, the "No Flow" within 30 days of the end of the six-month The permittee shall report the analytic monitoring period. The permittee shy Table 3. The benchmark values in T the permittee's Stormwater Pollution require the permittee to increase 'mon and/or install stormwater Best.Manas descriptions of Tier One and "Pier Two. Ifat.the'expiration of the Individual coverage before the submittal deadline, icant must continue semi-annual must submit a monitoring report indicating period. Its >from the first sample with valid results within the pare monitoring results to the benchmark values in are not permit limits but should be used as guidelines for ition Plan (SPPP). Exceedences of benchmark values increase management actions, increase record keeping, Practices (BMPs) in a tiered program. See below the Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark Total Suspended Solids mg/L 100 n-Hexane mg/L 1 Oil & Grease mg/L 30 PH standard 6-9 Part 11 Page 6 of 10 Permit No. NCS000096 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 a Tier One response in the Slormwater,Pollution Prevention Plan. Include in. the date and value of the benchmark exceedence, theI/inspection.dateth , e 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 s ecific discharge outfall; Then: The permittee shall: \�\� I. Repeat all the required acja`s outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value fortwo 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 Flow" to comply with reporting requirements. 4. Maintain a record of the Tier Two response in the Stormwater 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 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. Part II Page 7 of 10 Permit No. NCS000096 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 Requiremen6\� a Discharge Characteristics Frequencyt Monitoring Location2 Color semi-annual-'�, Odor semi -annuals �� "\�SDO SDO Clarity semi=annual , i`� SDO Floating Solids semi -an u`al�/ SDO Suspended Solids \ , semi-annual SDO Foam /r semi-annual SDO Oil Sheen %/ ),semi-annual SDO Erosion or deposition at the outfall i semi-annual SDO Other obvious indicators semi-annual SDO of stormwater pollution 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 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 I Page 8 of 10 Permit No. NCS000096 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 M nitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Frc uenc t Sample Type2 Sample Location3 14 standard semi-annual Grab SDO Oil and Grease m /l semi-annual Grab SDO Total Suspended Solids m /l semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain gauge New Motor Oil Usage I gallons/month I semi-annual/ Estimate Footnotes: I Measurement Frequency: Twice per year during a reps permit is issued for this facility or until this permit is re the permittee has submitted the appropriate paperwork permittee will be considered for a renewal application. the renewed permit is issued. See Table 2 for schedule cycle. A/ 2 If the stormwater runoff is contro pond shall be collected within the �n event, -for each year until either another tded. If at the end of this permitting cycle fermi[ before the submittal deadline, the must continue semi-annual monitoring until periods through the end of this permitting i pond a grab sample of the discharge from the from the pond. 3 Sample Location: Samples shall be e611ected 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 recordedd.__,, 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 Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 Part 11 Page 9 of 10 Permit No. NCS000096 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 II, Section A, Paragraph 2(b) of this permit, shall be accomplished within>12 months of the effective date of the initial permit issuance. A �� New Facilities applying for coverage for the first time add existing�facilitiespreviously 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 II, 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 Comply l% 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, modification; or denial of a permit upon renewal application. a. The permittee shall comply�wtth 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 prohibitiohs, 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 II violations are not to exceed Part I I I Page I of 8 Permit No. NCS000096 3. 0 5. M 8. $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. 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. Civil and Criminal Liabilitv Except as provided in Part III, 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. /✓ '�_ 1\ n Oil and Hazardous Substance Liabilitv Nothing in this individual permit shall be cot the permittee from any responsibilities, liabil under NCGS 143-215.75 et seq. or Section 31 f Property Rights „ /f The issuance of this indivicluaPce\nMnit`does n property, or any exclusive privileges, nor dot personal rights, nor any infringeme rof Fed, Severabilitv /( Jil' institution of any legal action or relieve ihich the permittee is or may be subject to 33 USC 1321. )nvey any property rights in either real or personal authorize any injury to private property or any invasion of State or local laws or regulations. 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. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The penmittee 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 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. PartI I I Page 2 of 8 Permit No. NCS000096 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 tine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTIONB: GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration authorization to discharge beyond the expiration date, the permi required by the agency authorized to issue permits no latenthan, permittee that has not requested renewal at least 180 days prior have a permit after the expiration and has not requestedehewal subjected to enforcement procedures as provided in NCGS § 14 Transfers This permit is not transferable to any Director may require modification or incorporate such other requirements t required to notify the Division in w Siflnatory Requirements All applications, reports, a. All applications date/In order to receive automatic tee�shall submit forms and fees as are 180'days prior to the expiration date. Any o extio piran; or any permittee that does not at least-180 days prior to expiration, will be -2153.6 and 33 USC 1251 et. seq t'after'notice to and approval by the Director. The d reissuance of the permit to change the name and essary under the Clean Water Act. The Perm ittee is event the permitted facility is sold or closed. submitted to the Director shall be signed and certified. 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 manager, operator of a well or well field, superintendent, a position of equivalent Part I II Page 3 of 8 Permit No. NCS000096 H 5. 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 imprisonment for;knowing violations." The issuance of this individual permit does not individual permit, revoking and reissuing the it allowed by the laws, rules, and regulations con and 123; Title 15A of the North Carolina A& General Statute 143-215.1 eta]. - 0, Permit Actions The permit may be mod changes or anticipated r !ctor from reopening and modifying the or terminating the individual permit as Code of Federal Regulations, Parts 122 Subchapter 2H .0100; and North Carolina or terminated for cause. The notification of planned not stay any individual permit condition. SECTION C: OPERATION AND -MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance 2. 3. 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. 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. BypassinF; 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 I I Page 4 of 8 Permit No. NCS000096 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 engineeringjudgment 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 2. 3. Ell Representative Samplins, Samples collected and measurements taken, as requii nature of the permitted discharge. Analytical samplii event. Samples shall be taken on a day and time that taken before the discharge joins or is diluted by any i Monitoring points as specified in this permit shall no the Director. Recording Results For each measurement, sample requirements of this individual a. The date, exact place, and all be characteristic of the volume and rformed during a representative storm ;tic of the discharge. All samples shall be ream, body of water, or substance. without notification to and approval of nance activity performed or collected pursuant to the shall record the following information: measurements, inspection or maintenance activit. ; 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; 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 I I I Page 5 of 8 Permit No. NCS000096 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. 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 outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at Pollution Prevention Plan. Copies of analytical monitoring result: permittee shall retain records of all monitoring informati&n5 incluc records and all original strip chart recordings for continuousmom reports required by this individual permit for a period ofat'least 5 measurement, report or application. This period may be extended Inspection and Entry :ility along with the Stormwater also be maintained on -site. The and maintenance ion, and copies of all years,,from the date of the sample, by request of the Director at any time. The permittee shall allow the Director, or an a6thorzed 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, ann 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 permiltee's premises where.axegulated 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 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 I I I Page 6 of 8 Permit No. NCS000096 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 02B .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. 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 476?9.� In addition, a separate signed Annual Summary DMR Office (RO) by March I of each year. . I - Addresses for each RO and the counties on site. Visual monitoring results should\not be specifically requested by DWQ�\ l 3. Availability of Reports be submitted to the local D WQ Regional .O,can be found here: 'he permittee shall retain the completed originals to the Regional Offices or Central Files unless 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 4. Non-Stormwater Dischames 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. Planned Chanees 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. PartIII Page 7 of 8 Permit No. NCS000096 7. 8. Q in Spills 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 pernittee 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. 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 th'e 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. h f Twenty-four Hour Reportin_ The permittee shall report to the central office or the may endanger health or the environment. Any infort the time the permittee became aware of the circumsY within 5 days of the time the permittee becomes,awa e regional office any noncompliance which I be provided orally within 24 hours from ritten submission shall also be provided The written submission shall contain a deseription,of the noncompliance, and its causes; the period of noncompliance, including exact�datesand'times;.and'ifthe 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 nonc`omplian,cc The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. / 1 ... /! Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 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 III Page 8 of 8 NCS000096 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: 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 Act then applicable. PART V ADMINISTERING AND The permittee must pay the administering and cc the Division. Failure to pay the tee in timely ma Division to initiate action to revoke the_Individ6 r PART I. Act See Clean Water Act. 2. Allowable Non-Stormwater Discharges in other requirements in the E MONITORING FEE ig fee within 30 (thirty) days after being billed by with 15A NCAC 2H .0105(b)(4) may cause this DEFINITIONS 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 flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: http://CfpLib.epzi.gov/npdes/stomiwater/menuofbmps/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 Permit No. NCS000096 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 (C WA), as amended, 33 USC 1251, et. seq. 1, 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 10. EMC The North Carolina Environmental Management I I. Grab Sample `/sa � An individual sample collected instantaneously. Grab mples that will be analyzed (quantitatively or qualitatively) must be taken within the first,30 minutesof discharge. 12. Hazardous Substance \ \ Any substance designated under,40 CFR Partl'16 pursuant to Section 311 of the Clean Water Act. 13. Landfill �� ��� A disposal facility or partof 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 facility complies with the terms 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. Part VI Page 2 of Pages Permit No. NCS000096 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 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 Cutfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple curtails, 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 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 1986i %\ < V �% b. Is present at or above t a facthreshold-levels aility subject to SARA title 111, Section 313 reporting requirements; and C. Meets at least one ofthe following criteria: (I) Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table III (certain metalscy ;anides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is Iisted'as a hazardous substance pursuant to section 31 I (b)(2)(A) of the C WA at 40 CFR 1 16.4; 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 stornwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 1 17.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). Part V 1 Page 3 of 4 Pages Permit No. NCS000096 26. Stormwater Discharee 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 stonnwater 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. 28. Stormwater Associated with Industrial Activit The discharge from any point source which is used for collecting and conveying stonnwater 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 mea is based on an evaluation of the pollution potential of 30. Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining'and water body and pollutant. (A list of approv - http://h2o.enr.state.ne.us/tmdl/) reduce Stormwater pollution and quality standards, in all seasons, for a specific state of North Carolina can be found at 31. Toxic Pollutant % Any pollutant listed as toxic under Section 307(a)(I) of the Clean Water Act. /� �1V 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 oFw., qo Permit Coverage Renewal Application Form National Pollutant Discharge Elimination System Certificate of Coverage Number Stormwater Individual Permit NCS000096 NCS000096 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/ additions as necessary in the space provided to the right of the current information. Owner Affiliation Information *ReissuedPermit will bemailed tofheowner address Owner / Organization Name: ;, Chemetall Foote Corporation Owner Contact: Ralph W Hawk Mailing Address: 348 Holiday Inn Dr Kings Mountain, NC 28086 Phone Number: (704) 739-2501 Fax Number: E-mail address: YA lOh hi9w tr) eke A efrF/1 , (L?+n. Facility/Permit Contact Information Facility Name: Chemetall Foote Corporation Facility Physical Address: 348 Holiday Inn Dr Kings Mountain, NC 28086 Facility Contact: George W Rohlman Mailing Address: 348 Holiday Inn Dr Kings Mountain, NC 28086 Phone Number: (704) 734-2674 Fax Number: E-mail address: george.rohlman@chemetall.com Discharge Information Receiving Stream: Kings Creek Stream Class: C Basin: Yadkin River Basin Sub -Basin: 03-08-05 Number of Outfalls Impaired Waters/TMDL Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? ❑ Yes No ❑ Don't Know ( for information on these waters refer to http:y//72c enr state.nc us/su/lmpaired Waters TMD41 ) CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such informa/tips is truq, complete a urate. Signature `l/L Date �Cor�C e W /ZDG11mur/ TrZ 6ye144ic Q {y,A r, Age/e Print or type name of person signing above Title SW Individual Permit Coverage Renewal Please return this completed renewal application form to: Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Of W Arp9 oe Re o� Permit Coverage Certificate of Coverage Number National Pollutant ~ tant on Request Form Discharge Elimination System NCS000096 Individual Permit NCS0000096 SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: Initials (Do not submit the site Stormwater Pollution Prevention Plan) 1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. 2. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. * �3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. 4. A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include inforniation on these BMP's. 5. A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. 6. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) Representative storm sampling may now be conducted anytime during the year (the April to November window has been eliminated) and the representative rainfall event is now defined as a storm event that measures greater than 0.1 inches and is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. PEG ♦e 25 i, 1a/ \ ` a- RE�Q-oo i nr� POND _ 8 A os I D Dn 05 T�d¢oRAPD 00 t •i �_�`"`_-��--��e CHEMLTAV_ FOOIE CORP l 'e 180• SffE PLAN Chemetall Foote Corp. Site Map Details Drainage Area 004 Area 004 contains Building #6, the Plant Offices, Building #2, the Battery Building (production facility), drum storage for spent lithium bromide solution in plastic drums and the hydrochloric and hydrobromic acid storage tank facilities, including unloading areas. The total area is 10.2 acres, with 4.1 acres impervious. The impervious areas are due to the buildings, paved or graveled areas. Storm drains from the production facilities area are run to low point P. Runoff from the hill where the Plant Offices are located either flows to the storm drain system by the Battery Building or down the hill slopes to low point P. From low point P, the run-off flows through a pipe under the mine access road and discharges at point 004 (35'13'6" Latitude, 81°21'5" Longitude) and into Kings Creek. Drainage Area 005A Area 005 contains the Halide/Chemical Process facility (Building 4), the Shipping Warehouse (Building 7), the QC Laboratory (Building 8), the R&D offices and lab (Building 5), the Organo-Metallic Pilot Facility (Building 9) and the Lithium Storage Building (Building 10). There is product drum storage of lithium chloride and lithium bromide solutions in plastic drums, the areas identified with a "D", on either side of the Shipping Warehouse. Railroad cars are filled with lithium chloride solution at the area identified with "C", at the Shipping Warehouse. Stormwater flows through a series of drains from these areas and by surface run off to discharge at Point 005A in the Sand Trap area (ST) (35°12'54" Latitude, 81°21'15" Longitude), from where it then discharges to Kings Creek through Point 005 (35°12'50" Latitude, 81°21'13" Longitude). The total area is 22.3 acres, with 8.9 acres of impervious surfaces. Drainage Area 005B Area 005B contains the area in front of the Halide/Chemical Process facility (Building 4), the Boiler House (Building #12) and the Lithium Metal Casting Facility (Building 003). The Sulfuric acid tank is in the area. There is also drum storage in the area identified with the "D". Stormwater flows over the ground to a swale between this area and Kings Creek. It flows down the swale to discharge Point 005A and 005B in the Sand Trap area (ST) (35' 12'53" Latitude, 81°21'14" Longitude), from there it then discharges to Kings Creek through Point 005 (35' 12' 18" Latitude, 81°21'17" Longitude). The total area is 4.5 acres, and has 4 acres of impervious surfaces. Chemetall Foote Corp. Summary of Analytical Monitoring OUTFALL OUTFALL OUTFALL Total Total Total PRECIPITATION DURATION Flow TSS Flow TSS Flow TSS DATE (INCHES) (HOURS) 004 (MG) (MgIL) pH 005A (MG) (MgIL) pH 0056 (MG) (Mg/L) pH 12I10I2003 1.00 12.5 0.277 0 7.6 0.714 5.0 7.6 0.098 20 7.6 7/12/2004 0.80 4.0 0.222 19.5 7.8 2 7.9 0.078 8.4 7.6 6/4/2005 1.60 8.3 0.433 19.5 7.4 7,6 0.156 12.1 7.4 5/22/2006 1.20 2.5 0.332 5.2 7.6 7.7 0.177 2 6.9 8122/2006 0.75 2.5 0 7.3 *.0 7.7 0.733 7.3 11I16I2006 2.00 12.0 29,6 7,2 7,7 0_196 9,2 7,8 2/25/2007 0.75 8.0 E34 13.0 7.5 7.3 0.073 9 7.3 10/25/2007 1.25 20 12.0 7.6 0 7.5 0.122 2.0 7.8 09116/2008 1.25 5 3.0 7.5 0.893 6.0 7.5 0.122 10 7.4 VERAGE 12.2 8.6 8.5 MAX 29.6 7.8 2.2 7.9 Et 20.0 7.8 MIN 3.0 7.2 0.0 7.3 2.0 6.9 Chemetall Foote Corp. Summary of Visual Monitoring Visual Outfalls Color Odor ClarityINo Settled Foam Oil Comments Monitoring Solids Sheen Performed Odor/ None Yes/ No Yes/ No Yes/ No Yes/ No 05/06/2003 4 Reddish None No NoYes- No No Road:erosion:in:outfall 005A Clear None No No No No 005B �Reddisli None No NoYes Iyes. No No Road erosion:in:outfall 05/22/2003 005A `Reddisho None No No No No Solids�from:septic+tank,replacement,projecnppmg 06/25/2003 4 Clear None No No No No rom pipe. esi ua in pipe. o flow from the pipe that takes the flow from the plant area. one one o 0 0 o Dry weather ow inspec ion - no ow 005B None None No No No No No No Dry weather flow inspection - no flow None None No No No No No No Dry weather flow inspection - no flow 005A None None No No No No No No Dry weather flow inspection - no flow 005B None None No No No No No No Dry weather flow inspection - no flow 10/08/2003 4 Clear None No No No No No No 005A Clear None No No No No No No 005E None None No No No No No No No discharge 10/27/2003 4 Clear None No No No I No No I No 005A Clear None No No No No No No 005E Clear None No No No No No No 04/12/2004 4 Clear None No No No No No No 005A Clear None No No No No No No 005E Clear None No No No No No No insi a groove o pipe, none discharging one None o 0 0 0 No No Dry weather vow inspection - no flow 005A None None No No No No No No Dry weather flow inspection - no flow 005E None None No No No No No No Dry weather flow inspection - no flow one one o 0 0 0 0 o ry weal er ow inspection - no flow 005A None None No No No No No No Dry weather flow inspection - no flow 005B None None No No No No I No No Dry weather flow inspection - no flow Page 1 of 5 Chemetall Foote Corp. Summary of Visual Monitoring Visual Outfalls Color Odor Clarity Floating Settled Suspended Foam Oil Comments Monitoring Solids Solids Solids Sheen Performed Odor/ None Yes/ No Yes/ No Yes/ No Yes/ No Yes/ No Yes/ No 11/04/2004 4 Clear None No No No No No No 005A Clear None No No No No No No 005B Clear None No No No No No No 04/05/2005 4 Clear None No No No No No No Some flow, residual drainage, nothing entering inlet to pipe 005A None None No No No No No No Dry weather flow inspection 005B None None No No No No No No Dry weather flow inspection 05/10/2005 4 Clear None No No No Slight No No 005A Clear None No No No Slight No No 005E Clear None No No No Slight Slight No Checked areas and nothing found. 05/11/2005 4 Clear None No No No No No No 005A Clear None No No No No No No 005E Clear None No No No I No No No 05/20/2005 4 Clear None No No No No No No 005A Slight None No No No No No No 005E Slight None No No No No No No None None o =0 0 0 No No Dry weather flow inspection 005A None None No No No No No No Dry weather flow inspection 005B None None No No No No No No Dry weather flow inspection 10/06/2005 4 Slight None No No No No No No 005A Yellowish None No No No Slight No No 005E Slight None No No No No No No 04/19/2006 4 Slight None No No No Slight No No 005A Slight None No No No Slight No No 005B Slight None No No No Slight No No one one o 0 0 0 0 0 0me air conditioner condensate evident 005A None None No No No No No No Dry weather flow inspection - no flow 005E None None No No No No No No lDry weather flow inspection - no flow Page 2 of 5 Chemetall Foote Corp Summary of Visual Monitoring Visual Outfalls Color Odor Clarity Floating Settled Suspended Foam Oil Comments Monitoring Solids Solids Solids Sheen Performed Odor/ None Yes/ No Yes/ No Yes/ No Yes/ No Yes/ No Yes/ No mmmPossss' one sswoneMmmm o 0 0 0 0 Dry weather flow inspection - no flow 005A None None No No No No No No Dry weather flow inspection - no flow 0056 I None I None No I No No No No I No Dry weather flow inspection - no flow Page 3 of 5 Chemetall Foote Corp. Summary of Visual Monitoring Visual Outfalls Color Odor Clarity Floating Settled suspended Foam Oil Comments Monitoring Solids Solids Solids Sheen Performed Odor/ None Yes/ No Yes/ No Yes/ No Yes/ No Yes/ No Yes/ No 10/17/2006 4 Slight None No No No No No No 005A Slight None No No No No No No 005B Slight None No No No No No No 04/03/2007 4 None None No No No No No No Dry weather flow inspection -no flow 005A None None No No No No No No Dry weather flow inspection - no flow 005B None None No No No No No No Dry weather flow inspection - no flow 04/11/2007 4 Clear None No No No No No No 005A Clear None No No No No No No 005E None None No No No No No' No No discharge 05/05/2007 4 Clear None No No No No No No 005A Clear None No No No No No No 005E None None No No No No No No No discharge 10/05/2007 4 None None No No No No No No Light rain, but no isc arge w en monitored 005A None None No No No No No No g rain, u no isc arge when monitored 005E None None No No No No No No Lightrain, u no discharge when monitored 10/19/2007 one one o 0 0 o 0 0 ow s ig one one o 0 0 0 0 0 o discharge one one o 0 0 0 0 0 o discharge 10/25/2007 na ica same es a en or and 005B. No color, odor, foam, sheen in the samples. 11/01/2007 one one o 0 0 0 0 0 o discharge UUbA None one o 0 0 0 NO NO I No discharge None one I NO I NO I NO I NO NO No I NO discharge Page 4 of 5 Chemetall Foote Corp. Summary of Visual Monitoring Visual Outfalls Color Odor Clarity Floating SettledZSuspendedFoam Oil Comments Monitoring Solids SolidsSheen Performed Odor/ None Yes/ No Yes/ No Yes/ No Yes/ No 04/08/2008 None None No No No No Dry weather flow inspection - no Flow one one o 0 0 o ry wea er ow inspec ion - no ow 00513 one one o 0 0 o ry wea er ow inspec ion - no ow 04/28/2008 one one No No 0 No No No good flow one one No No No No 0 No good flow one one o 0 0 0 0 0 o discharge 09/16/2008 one one o 0 o ig t o 0 one one o 0 0 0 0 o very slight aze one one o 0 o ig o o very slight aze 10/03/2008 4 None None No No No No No No Dry weather flow ins ection - no Flow None one o 0 0 0 0 o ry wea er ow inspec ion - no now one one No No No No 0 No Dry weather flow inspection - no Flow 04/01/2009 one one o 0 0 0 0 o good flow one one o 0 0 0 0 0 No discharge one one o 0 0 0 0 0 No discharge 04/02/2009 one one o 0 0 0 0 0 good flow None None No 0 0 0 No No good flow,sig aze 005E None None No No No No No No goo ow, s ig aze- could not be seen looking through side of sample jar, only looking down through the sample could any haze be seen 04/21/2009 4 None None No No No No No No Dry weather flow inspection - no flow 7777- one one o 0 0 0 0 o Dry weather ow inspection - no ow None one o 0 0 No No ry wea er ow inspec ion - no flow Page 5 of 5 Chemetall Foote Corp. Summary of Best Management Practices The current methods of operations and storage practices minimize the exposure of materials to stormwater. All routine processes are performed under roof, within curbed areas. Raw materials and products are generally stored in buildings. The exception is that lithium brine products,-in_plastic containers, are stored outside. There is no exposure of the product in the containers to stormwater, and the containers are periodically inspected to ensure integrity. No bagged products are stored outside. The Shipping Building has no external loading docks. Process equipment with a significant potential for emitting dust is equipped with particulate filters or scrubbers, maintained in accordance with the Air Permit. There are no on -site landfills or waste piles. The landfill and waste piles from previous mining operations are fully remediated. The SPCC plan addresses the oil storage practices. The three tanks of oil on site are equipped with secondary containments. There are no underground storage tanks or lines that transfer chemicals. Underground lines are limited to sewer lines, potable water lines and air lines. All bulk storage tanks of liquid SARA 313 materials are equipped with secondary containments. Bulk liquid storage tanks are generally within secondary containment, and most are under roof. A containment drain program has been implemented. Any processes with the potential for significant dust emissions are equipped with filters and maintained in accordance with the air permit. Any leakages are cleaned -up to prevent contamination of the discharges. Chemetall Foote Corp. Significant Changes In Industrial Activities Since the last permit application, the following significant changes have occurred a the facility. 1. A Chiller system has been added for Casting. It is equipped with a containment and will be added to the containment program when the unit is operational. 2. The sulfuric acid storage tank has been emptied and remains empty. The containment remains around the empty tank. Chemetall Foote Corp. Certification of Development and Implementation of a Stormwater Pollution Prevention Plan I certify, under penalty of law, that a Stormwater Pollution Prevention Plan has been prepared and implemented. 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. I certify that the stormwater discharges have been evaluated for non-stormwater discharges and that the only non-stormwater discharge to the stormwater system is condensate from the air conditioning systems, notably the Cargocaire units at Shipping, Casting and Battery. G. OH M DATE General Manager North Carolina Beverly Eaves Perdue Governor Ralph W Hawk Chemetall Foote Corporation 348 Holiday Inn Dr Kings Mountain, NC 28086 Dear Permittee: MCDENR Department of Environment and Natural Resources Division of Water Quality %I r� " Coleen H. Sullins ��, � � 3,�� Dee Plan Director etary May 5, 2009 MAY' 7 2009 DWlrf0�e ,��'�#er PlUtscNion Subject: NPDES Stormwater Permit Coverage Renewal Chemetall Foote Corporation COC Number NCS000096 Cleveland County Your facility is currently covered for stormwater discharge under NPDES Permit NCS000096. This permit expired on May 31, 2008. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier we are informing you that your permit will be expiring. Enclosed you will find an individual permit renewal application form and supplemental information request. Filing the application form along with the requested supplemental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by June 5, 2009 in order for the permit to be renewed. Should your permit expire before the renewed permit can be reissued continue to operate following the terms and schedule of the expired permit. Failure to request renewal within the time period specified may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If the subject stormwater discharge to waters of the state has been terminated, please complete the enclosed Rescission Request Form. Mailing instructions can be found on the bottom of the form. You will be notified when the rescission process has been completed. If you have any questions regarding the permit renewal procedures please contact Brian Lowther of the Central Office Stormwater Permitting Unit at (919) 807-6368. Cc: Central Files Mooresville Regional Office SWPU Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807.63001 FAX: 919-807-64921 Customer Service: 1.871fi23-6748 Internet www.ncwaterquality.org, An Eaual Opportunity 1 ABirmative Action Employer Sincerely, Bradley Bennett Supervisor, Stormwater Permit Unit One NorthCarolina Naturally Hof VAt Permit Coverage Renewal Application Form 5�.+s National Pollutant Discharge Elimination System Certificate of Coverage Number Stormwater Individual Permit NCS000096 NCS000096 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/ additions as necessary in the space provided to the right of the current information. Owner Affiliation Information *Reissued Permitwi//bemailedtothe owneraddress Owner / Organization Name: Chemetall Foote Corporation Owner Contact: Ralph W Hawk Mailing Address: 348 Holiday Inn Dr Kings Mountain, NC 28086 Phone Number: (704) 739-2501 Fax Number: E-mail address: Facility/Permit Contact Information Facility Name: Chemetall Foote Corporation Facility Physical Address: Facility Contact: Mailing Address: Phone Number: Fax Number: E-mail address: Discharge Information 348 Holiday Inn Or Kings Mountain, NC 28086 George W Rohlman 348 Holiday Inn Or Kings Mountain, NC 28086 (704) 734-2674 george.rohlman@chemetall.com Receiving Stream: Kings Creek Stream Class: C Basin: Yadkin River Basin Sub -Basin: 03-08-05 Number of Outfalls: Impaired Waters/TMDL Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? ❑ Yes ❑ No ❑ Don't Know ( for information on these waters refer to http.y/h2o.enr.state.nc. us/su/Impaired waters TMDL/) CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature Print or type name of person signing above Date Title Please return this completed renewal application form to: SW Individual Permit Coverage Renewal Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OF WATFq oa o� Permit Coverage �r, Rescission Reguest Form ° National Pollutant Discharge Elimination System Individual Permit NCS0000096 Certificate of Coverage Number NCS000096 Please fill out and return this form only if you no longer need to maintain your NPDES stormwater permit. The following is the information currently in our database for your facility. Please review this information carefully and make all corrections as necessary in the space provided to the right of the current information. Owner Affiliation Information*ReissuedPermit will bemailed tothe owneraddress Owner / Organization Name: Chemetall Foote Corporation Owner Contact: Ralph W Hawk Mailing Address: 348 Holiday Inn Or Kings Mountain, NC 28086 Phone Number: (704) 739-2501 Fax Number: E-mail address: Facility/Permit Contact Information Facility Name: Chemetall Foote Corporation Facility Physical Address: Facility Contact: Mailing Address: Phone Number: Fax Number: E-mail address: 348 Holiday Inn Dr Kings Mountain, NC 28086 George W Rohiman 348 Holiday Inn Dr Kings Mountain, NC 28086 (704) 734-2674 george. rohlman@chemetall.com Reason for rescission request (This is required information. Attach separate sheet if necessary): REQUEST AND CERTIFICATION I, as an authorized representative, hereby request rescission of certificate of coverage under NPDES Stormwater Individual Permit NCS000096 for the subject facility. I am familiar with the information contained in this request and to the best of my knowledge and belief such information is true, complete and accurate. Signature Print or type name of person signing above Date Title Please return this completed rescission request form to: SW Individual Permit Coverage Rescission Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 _. . SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: Initials (Do not submit the site Stormwater Pollution Prevention Plan) 1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. 2. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. H 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. 4. A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP's. 5. A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) Representative storm sampling may now be conducted anytime during the year (the April to November window has been eliminated) and the representative rainfall event is now defined as a storni event that measures greater than 0.1 inches and is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred.