HomeMy WebLinkAboutNCS000106_FINAL PERMIT_20090801 (2)STORMWATER DIVISION CODING SHEET
NCS PERMITS
PERMIT NO.
5 0CA�)\0X0
DOC TYPE
N FINAL PERMIT
❑ MONITORING REPORTS
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ 2� pg� I
YYYYM M DD
EN
North Carolina
Beverly Eaves Perdue
Governor
Mr. Mary Lee Ransmeier
KapStone Kraft Paper Corporation
100 Gaston Road
Roanoke Rapids, NC 27870
Dear Ms. Ransmeier.
AjLA
NC®ENR
Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
August 23, 2010
Subject: Final NPDES Stormwater Permit
Permit NCS000106
KapStone Kraft Paper Corporation
Halifax County
Dee Freeman
Secretary
In response to your submitted construchdn plans for your BMP Management Plan required in your NPDES
stormwater permit NCS000706, the Divi3t�on of Water Quality (Division) is sending this approval letter. The
construction plans and associated documentation were submitted in a timely fashion and are adequate for
the construction and implementation of your selected BMPs.
Please take notice, the selected BMPs shall be installed, operating, _ implemented not later than January 31,
2011. Monthly progress reports shall be submitted to the Division between July 31, 2010 and January 31, 2011, or
until final installation, operation, or implementation of the selected and approved BMPs is achieved.
Please remember the benchmarks will be activated in two years after the permit was issued and the a 4:proval
and implementation of the BMP Management Plan does not eliminate the need for the stormwater samples to he
below the benchmarks. If the samples are above the benchmarks then the tier system will come into effect which
could include additional measures to the selected BMPs in the BMP Management Plan.
If you have any questions or comments concerning this permit, contact Brian Lowther at (919) 807-6368 or
bl'i,iii.lovN,ther@ncdenr.gov.
Sincerely,
Brian C. Lowther
cc: CRaleigh Regional Office, Water Quality Section
Stormwater Permitting Unit
Central Files
VN,etlanrs and Slc, .,water Branch
AUG
Flc"
1617 Nall Service C_-mer, ,Ralegh, North Carolina 27699-1617 One t
Location: `12 N. Salishu , S1 �7. Ralehh, North Carolina 27604 Ortr 1,, I Caatr01 I n a
Prove: 919 807 53001 FAX: 919A07-64941 Customer Service: 1-877-623-6748 JVaillr�rlly
Inien2t' W-".ncwaterGua6n.ora
4n Fnal ^nan^ona, :!fsma!iv: A.^,floc Fmdovpr
cc:
A7jA
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
-
March 23, 2010 i 'F )�
t
Mr. Mary Lee Ransmeier 1
KapStone Kraft Paper Corporation ��J ;i MAR ? A 2010 i?
100 Gaston Road _
Roanoke Rapids, NC 27870 � �, - • • - - , . _ _,cam l
Subject: Final NPDES Stormwater Permit
Permit NCS000106
KapStone Kraft Paper Corporation
Halifax County
Dear Ms. Ransmeier:
hi response to your submitted BMP Management Plan required in your NPDES stormwater permit NCS000106,
the Division of Water Quality (Division) is sending this approval letter. The plan required evaluating and
selecting BMP options based on the assessment of the potential for sources to contribute significant quantities of
po_lutants to stormwater discharges, and based on data collected through historical monitoring of stormwater
discharges. The submitted plans meet these requirements.
the plan states the goal of the report is to recommend effective measures that will provide a direct benefit to
reducing the pollutants loads in the mill's runoff from the Tent Sub -basin. The selected BMPs should not only be
implemented in the Tent Sub -Basin but all the drainage,areas with stormwater outfalls on site. However, the site
can still take their qualitative monitoring samples at the Tent Sub -basin outfall as a representative sample.
Pleas^ take notice, upon receipt of this approval you shall develop construction plans for the selected and
approved BMPs. Construction plans, including a narrative description, a construction schedule, and supporting
design calculations, must be submitted for each BMP not later than July 31, 2010.
Please remember the benchmarks will be activated in two years after the permit was issued and the approval
and implementation of the BMP Management Plan does not eliminate the need for the stormwater samples to be
below the benchmarks. If the samples are above the benchmarks then the tier system will come into effect which
could include additional measures to the selected BMPs in the BMP Management Plan.
If you have any questions or comments concerning this permit, contact Brian Lowther at (919) 807-6368 or
brian,lowthe 4 icdenr ov.
Raleigh Regional Office, Water Quality Section
Stormwater Permitting Unit
Central Files
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: www.ncwaterquality.org
An Eaual C000nuniN l Affirmative Action Emolover
Sincerely,
Brian C. Lowther
NorthCarol ina
Alturally
®.
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins
Governor Director
July 24, 2009
Mr. Mary Lee Ransmeier
KapStone Kraft Paper Corporation
100 Gaston Road
Roanoke Rapids, NC 27870
Subject: _ Final NPDES Stormwater Permit
Permit NCS000106
KapStone Kraft Paper Corporation
Halifax County
Dear Ms. Ransmeier:
Dee Freeman
Secretary
In response to your renewal application for continued coverage under NPDES stormwater permit NCS000106,
the Division of Water Quality (Division) is forwarding herewith the subject state - NPDES permit. This permit is
issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of
Agreement between North Carolina and the U.S. Environmental Protection agency dated October 15, 2007 (or as
subsequently amended).
This final permit includes one change from the draft permit sent to you on March 24, 2009. The final permit
includes Section E, BMP Management Plan and Implementation. The section requires the permittee to
develop and implement a BMP Management Plan within two years of the permit being issued. The
benchmarks and tiers will be delayed for two years after the BMP Management Plan has been
implemented.
The qualitative monitoring strategy remains the same (semi-annual) as the previous term of the permit. Please
note that analytical monitoring is also required in this permit. Failure to complete the monitoring as required is
a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act.
Reference Part III, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering " and Item 10 "Penalties
for Falsification of Reports" of your permit for further information.
If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to
you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt
of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447,
Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding.
Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed in case
of change in ownership or control of this discharge. This permit does not affect the legal requirements to
obtain other permits which may be required by the Division of Water Quality or permits required by the
Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental
permit that may be required.
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: 919410764941 Customer Service: 1-877623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
1� JUL 2 9 2009
__ NorthCarol ina
lw!r,, =__Naturallff
Ms. Mary Lee Ransmeier
KapStone Kraft Paper Corpora AR
Permit No. NCS000106
If you have any questions or comments concerning this permit, contact Brian Lowther at (919) 807-6368 or
brian.lowther@ncdenr.gov.
Sincerely,
ORIGINAL SIGNED By
KEN PICKLE
for Coleen H. Sullins, Director
cc: Raleigh Regional Office, Water Quality Section
Mike Mitchell, EPA Region IV
Stormwater Permitting Unit
Central Files
Attachments: NPDES Stormwater Permit NCS000106
r
x ® NCS000106
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the.Federal Water Pollution Control Act, as amended,
KapStone Kraft Paper Corporation
is hereby authorized.to discharge stormwater from a facility located at
KapStone Kraft Paper Corporation
100 Gaston Road
Roanoke Rapids, NC
Halifax County
to receiving waters designated as Roanoke River, a class C stream in.the Roanoke River Basin,
in accordance with the discharge limitations, monitoringrequirements, and other conditions set
forth in Parts I, II, III, IV, V and VI hereof.
This permit shall become effective August 1, 2009.
This permit and the authorization to discharge shall expire at midnight on July 31, 2014.
Signed this day July 24, 2009.
ORIGINAL
BY
for Coleen H. Sullins Director
Division of Water Quality
By the Authority of the Environmental Management Commission.
i
Permit No. NCS000106
a.
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART lI MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A:
Stormwater Pollution Prevention Plan
Section B:
Analytical Monitoring Requirements
Section C:
Qualitative Monitoring Requirements
Section D:
On -Site Vehicle Maintenance Monitoring Requirements
Section E:
BMP Management Plan and Implementation
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL
PERMITS
Section A: Compliance
and Liability
I.
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
® Permit No. NCS000106
2. Transfers
3. Signatory Requirements
4. Individual Permit Modification, Revocation and Reissuance, or
Temiination
5. Permit Actions
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1.
Representative Sampling
..2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
1 Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Bypass
8.
Twenty-four Hour Reporting
9..
Other Noncompliance
10.
Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
ii
® • Permit No. NCS000106
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 § I22.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater
discharge permit requirements. Any owner or operator wishing to obtain a No Exposure
Certification must submit a No Exposure Certification NOI form to the Division; must receive
approval by the Division; must maintain no exposure conditions unless authorized to discharge
under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once
every five (5) years.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system that has been
adequately treated and managed in accordance with the terms and conditions of this individual
permit. All stormwater discharges shall be in accordance with the conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or approval.
The stormwater discharges allowed by this individual permit shall not cause or contribute to
violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Part I Page 1 of 2
SECTt6N C: LOCAT[ON MAP®
® Permit No. NCS000106
NCS0OO1O6
M40Scale 1,24,000
KapStone Kraft Paper Corporation
Lad tude: 360 28' 19" N
LongitAe: 770 38' 14" W
County: Hdifax
Receving Stream: Roanoke River
S7earn Cass: C
Sub -barn: 03-02-08 (Roanoke River Basin)
Facility Location
Part I Page 2 of 2
• Permit No. NCS000106
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as
the Plan. This Plan shall be considered public information in accordance with Part III, Standard
Conditions, Section E, Paragraph 3 of this individual*permit. The Plan shall include, at a
minimum, the following items'
Site Plan. The site plan shall provide a description of the physical facility and the
potential pollutant sources which may be expected to contribute to contamination of
stormwater discharges. The site plan shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted
equivalent map), showing the facility's location in relation to transportation
routes and surface waters, the name of the receiving water(s) to which the
stormwater outfall(s) discharges, or if the discharge is to a municipal separate
storm sewer system, the name of the municipality and the ultimate receiving
waters, and accurate latitude and longitude of the point(s) of discharge. The
general location map (or alternatively the site map) shall identify whether each
receiving water is impaired (on the state's 303(d) list of impaired waters) or is
located in a watershed for which a TMDL has been established, and what the
parameter(s) of concern are.
North Carolina's 303(d) List can be found here:
http://h2o.enr.state.ne.us/tmdl/Gencral 303d.htm#Downloads
North Carolina TMDL documents can be found here:
http://h2o.enr.state.ne.us/tmdl/TMDL list.htm#Final TMDLs.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants which
could be expected to be present in the stormwater discharge from each outfall.
(c) A site map drawn to scale (including a distance legend) showing: the site property
boundary, the stormwater discharge outfalls, all on -site and adjacent surface
waters and wetlands, industrial activity areas (including storage of materials,
disposal areas, process areas, loading and unloading areas, and haul roads), site
topography, all drainage features and structures, drainage areas for each outfall,
direction of flow in each drainage area, industrial activities occurring in each
drainage area, buildings, existing BMPs, and impervious surfaces. The site map
must indicate the percentage of each drainage area that is impervious.
Partl[ Page 1 of 11
® ® Permit No. NCS000106
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the three (3) previous years and any corrective actions taken to mitigate
spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in .
accordance with the requirements found in Part III, Standard Conditions, Section
B, Paragraph 5. The permittee shall re -certify annually that the stormwater
outfalls have been evaluated for the presence of non-stormwater discharges.
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 areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section
313 of Title III of the Superfund Amendments and Reauthorization Act (SARA)
water priority chemicals; and storage in any amount of hazardous substances, in
order to prevent leaks and spills from contaminating stormwater runoff. A table
or summary of all such tanks and stored materials and their associated secondary
containment areas shall be maintained. If the secondary containment devices are
connected directly to stormwater conveyance systems, the connection shall be
controlled by manually activated valves or other similar devices (which shall be
secured closed with a locking mechanism), and any stormwater that accumulates
in the containment area shall be at a minimum visually observed for color, foam,
outfall staining, visible sheens and dry weather flow, prior to release of the
accumulated stormwater. Accumulated stormwater shall be released if found to
be uncontaminated by the material stored within the containment area. Records
documenting the individual making the observation, the description of the
accumulated stormwater, and the date and time of the release shall be kept for a
period of five years.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMP) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and data collected
Part I PaV 2 of 11
• Permit No. NCS000106
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
3. Spill Prevention and Response Plan. .The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials .
inventory of the facility.. Facility personnel (or the team) responsible for implementing
the SPRP shall be identified in a written list incorporated into the SPRP and signed and
dated by each individual acknowledging their responsibilities for the plan. A responsible
person shall be on -site at all times during facility operations that have the potential to
contaminate stormwater runoff through spills or exposure of materials associated with the
facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill .
Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP,
but may not be sufficient to completely address the stormwater aspects of the SPRP. The
common elements of the SPCC with the SPRP may be incorporated by reference into the
SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance and good housekeeping program shall be developed. The program shall list
all stornwater control systems, stornwater discharge outfalls, all on -site and adjacent
surface.waters and wetlands, industrial activity areas (including material storage areas,
material handling areas, disposal areas, process areas, loading and unloading areas, and
haul roads), all drainage features and structures, and existing structural BMPs. The
program shall establish schedules of inspections, maintenance, and housekeeping .
activities of stormwater control systems, as well as facility equipment, facility areas, and
facility systems that present a potential for stormwater exposure or stormwater pollution.
Inspection of material handling areas and regular cleaning schedules of these areas shall
be incorporated into the program. Timely compliance with the established schedules for
inspections, maintenance, and housekeeping shall be recorded in writing and maintained
in the SPPP.
5. Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill response
and cleanup, preventative maintenance activities, and for any of the facility's operations
that have the potential to contaminate stormwater runoff. Facility personnel (or team)
responsible for implementing the training shall be identified, and their annual training
shall be documented by the signature of each employee trained.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position assignments provided.
Plan Amendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. All aspects of the Stormwater
Part 11 Page of I l
Permit No. NCS000106
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 re -certification that the stonnwater outfalls have been evaluated for the presence
of non-stormwater discharges. Each annual update shall include a 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
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes
have been made.
8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as
part of the Preventative Maintenance and Good Housekeeping Program at a minimum on
a semi-annual schedule, once during the first half of the year (January to June), and once
during the second half (July to December), with at least 60 days separating inspection
dates (unless,performed more frequently than semi-annually). These facility inspections
are different from, and in addition to, the stormwater discharge characteristic monitoring
required in Part II B and C of this permit.
9, Implementation. The permittee shall implement the Plan. Implementation of the Plan
shall include documentation of all monitoring, measurements, inspections, maintenance
activities, and training provided to employees, including the log of the sampling data and
of actions taken to implement BMPs associated with the industrial activities, including
vehicle maintenance activities. Such doctmlentation shall be kept on -site for a period of
five years and made available to the Director or the Director's authorized representative
immediately upon request.
Part It Page 4 of I I
• Permit No. NCSOOO106
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All
analytical monitoring sha!I be performed during a representative storm event. The required
monitoring will result in a minimum of ten analytical samplings being conducted over the terns
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
and that is preceded by at least 72 hours in which no stone event measuring greater than 0.1
inches has occurred. A single storm event may contain up to 10 consecutive hours of no
precipitation. For example, if it rains for 2 hours without producing any collectable discharge,
and then stops, a sample may be collected if a rain producing a discharge begins again within the
next 10 hours.
Table 1. Analytical Monitoring Requirements
Discharge
Characteristics
Umts
Measurement . ;
.,—Frequency t - ;'
Sample
r T ype2
Sample;"
I ocation3
Total Suspended Solids
m L
semi-annual
Grab.
SDO
Chemical Oxygen Demand (COD)
mar
semi-annual
Grab "
SDO
Total Phosphorus (TP)
m L
semi-annual
Grab
SDO
Lead, total recoverable
mg/L
semi-annual
Grab .
SDO
H
standard
semi-annual
Grab
SDO
Total Rainfall°
inches
semi-annual
ain Gauge
Footnotes: -
I Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this' permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring
until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this
permitting cycle.
2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative
ouffall 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 pertnittee 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
Part 11 Page 5 of I l
0
Permit No. NCS000106
Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two
response.
Table 2. Monitorin Schedule
Monitoring period,''
Sample Nuriiber
v Start `
Fnd '.
Year 1 — Period 1
1
August 1, 2009
January 31, 2010
Year 1 — Period 2
2
February 1, 2010
July 31, 2010
Year 2 — Period 1
3
August 1, 2010
January 31, 2011
Year 2 — Period 2
4
February 1, 2011
July 31, 2011
Year 3 — Period 1
5
August 1, 2011
January 31, 2012
Year 3 — Period 2
6
February 1, 2012
July 31, 2012
Year 4 — Period 1
7
August 1, 2012
January 31, 2013
Year 4 — Period 2
$
February 1, 2013
July 31, 2013
Year 5 —Period 1
9
August 1, 2013
January 31, 2014
Year 5 — Period 2
10
February 1, 2014
July 31, 2014
Footnotes:
1 Maintain semi-annual monitoring during permit renewal process. The applicant must continue semi-annual
monitoring until the renewed permit is issued.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating
"No Flow" within 30 days of the end of the six-month sampling period.
The permittee shall report the analytical results from the first sample with valid results within the
monitoring period.
Beginning Year 3 Period 1, the permittee shall compare monitoring results to the benchmark values
in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines
for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values
require the permittee to increase monitoring, increase management actions, increase record keeping,
and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the
descriptions of Tier One and Tier Two.
I able 3. Benchmark Values for Analvtical Monitorin
Discha'rge,Cha`ractertsttcs x `Units ' Benchmark
Total Suspended. Solids mg/L 100
Chemical Oxygen Demand mg/L 120
Total Phosphorus (TP). mg/L 2
Lead, total recoverable mg/L 0.03
PH standard 6-9
Part I I Page 6 of I I
® •
Permit No. NCS000106
Tier One,Onev
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 pertittee shall: .
1. 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 to 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 Stormwater Pollution Prevention Plan.
Include the date and value of the benchmark exceedence, the inspection date, the personnel
conducting the inspection, the selected.actions, and the date the selected actions were
implemented.
If: During the tern of this permit, the first valid sampling results are above the benchmark values,
or outside of the benchmark range, for any specific parameter at a specific discharge out rivo
times in a 'row (consecutive):
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring for all parameters at every outfall where a
sampling result exceeded the benchmark value for two consecutive samples. Monthly
(analytical and qualitative) monitoring shall continue until three consecutive sample results
are below the benchmark values, or within the benchmark range, for all parameters at that
outfall..
3. If no discharge occurs during the sampling period, the permittee is required to submit a
monthly monitoring report indicating "No Flow."
4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan.
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Permit No. NCS000106
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 more than 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 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.
This site discharges to impaired waters experiencing problems with mercury and has a Fish
Advisory. If a Total Maximum Daily Load (TMDL) is approved for this segment of the Roanoke
River, the permittee may be required to monitor for the pollutant(s) of concern in the future and
submit results to the Division of Water Quality. The Division will consider the monitoring
results in determining whether additional BMPs are needed to control the pollutant(s) of concern
to the maximum extent practicable.
If additional BMPs are needed to achieve the required level of control, the permittee will be
required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a
timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention
Plan.
Part 11 Page 8 of 11
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iPermit No. NCS000106
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status and shad 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 Requirements
Discharge Char tcteris'tics
FFrequcgcyl
`
Monitoring ?'
. Location2 `
Color
semi-annual
SDO
Odor
semi-annual
SDO
Clarity
semi-annual
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semi-annual
SDO
Oil Sheen
semi-annual
SDO
Erosion or deposition at the
outfall
semi-annual
SDO
Other obvious indicators
of stormwater pollution
semi-annual
SDO
Footnotes:
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 de5dline, 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
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®11 Permit No. NCS000106
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
areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical
monitoring shall be performed during a representative storm event.
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge
easurern"ent •
'-Sample ";
Sarriple
`Ere' uenc 1
T y 'c2
pH
standard
semi-annual
Grab
SDO
Oil and Grease
m /l
semi-annual
Grab
SDO
Total Suspended Solids
m /l-
semi-annual
Grab
SDO
Total Rainfal14
inches
semi-annual
Rain gauge
New Motor Oil Usage
gallons/month
semi-annual
Estimate
roomotes:
I Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring
until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this
permitting cycle.
2 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge from the pond. -
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain
gauge reading must be recorded.
Monitoring results shall be compared to the benchmark values in Table 6. The benchmark
values in Table 6 are not permit limits but should be used as guidelines for the permittee's -
Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the
permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs), as provided in Part 11 Section B.
I able 6. Benchmark Values for Vehicle Maintenance Analvtical Mom
Discharge Characfertshcs - Uiitts Benchmark, i
pH standard 6 9
Oil and Grease mg/L 30
Total Suspended Solids mg/L 100
toring
Part II Page 10 of 11
•
• Permit No. NCS000106
SECTION E: BMP MANAGEMENT PLAN AND IMPLEMENTATION
The Permittee shall develop and implement a BMP Management Plan and shall include selected
BMPs in the facility's SPPP:
(a.) The plan must include, but is not limited to, evaluating and selecting BMP options based on the
assessment of the potential for sources to contribute significant quantities of pollutants to stormwater
discharges, and based on data collected through historical monitoring of stormwater discharges. The
selected BMPs may be either structural treatment BMPs or source reduction BMPs. The BMP
Management Plan with selected BMPs must be developed and submitted to the Division not later
than February 28, 2010.
(b.) Upon receipt of timely approval of the BMP Management Plan, the permittee shall develop
construction plans for the selected and approved BMPs. Construction plans, including a narrative
description, a construction schedule, and supporting design calculations, must be submitted for each
BMP not later than July 31, 2010. Alternatively, construction plans and the associated
documentation named above may be submitted together with the BMP Management Plan, or after
the initial submission of the BMP Management Plan, but in any event, not later than July 31, 2010.
(c.) Upon receipt of timely approval of the construction plans and associated documentation, the
Permittee shall construct and/or implement the selected and approved BMPs. The selected BMPs
shall be installed, operating, or implemented not later than January 31, 2011. The Permittee shall
provide monthly progress reports to the Division between July 31, 2010 and January 31, 2011, or
until final installation, operation, or implementation of the selected and approved BMPs is achieved.
Any subsequent revisions to the BMP Management Plan required in this Section E shall not
require a revision to the Stormwater Permit.Any revision of the BMP Management Plan after
the initial review and approval of DWQ shall be accomplished by mutual agreement between
DWQ and the Permittee.
Part II Page 11 of 11
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Permit No. NCS000106
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 m
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.
New Facilities applying for coverage for the first time and existing facilities previously permitted and
applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and
implemented prior to the beginning of discharges from the operation of the industrial activity and be
updated thereafter on an annual basis. Secondary containment, as specified in Part It, 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
The permittee must comply with all conditions of this individual permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit upon renewal application.
a. The permittee shall comply with standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants within the time provided in the regulations that establish
these standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any
permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or
imprisonment for not more than I year, or both. Any person who knowingly violates permit
conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or
imprisonment for not more than 3 years, or both. Also, any person who violates apermit
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
1 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 III Page 1 of 8
• Permit No. NCS000106
$10,000 per day for each day during which the violation continues, with the maximum amount of
any Class 11 penalty not to exceed $125,000.
3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
individual permit which has a reasonable likelihood of adversely affecting human health or the
environment.
4. Civil and Criminal Liability
Except as provided in Part 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.
5. Oil and Hazardous Substance Liability
Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject
to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
6. Property Rights
The issuance of this individual permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of Federal, State or local laws or regulations.
Severability
The provisions of this individual permit are severable, and if any provision of this individual permit, or the
application of any provision of this individual permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this individual permit, shall not be affected
thereby.
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 permittee shall also furnish to the Director upon request, copies of records required to be kept by this
individual permit.
9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this individual permit shall,
upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not
more than two years per violation, or by both. If a conviction of a person is for a violation committed after
a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per
day of violation, or by imprisonment of not more than 4 years, or both. .,
Part III Page 2 of 8
® ® Permit No. NCS000106
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation,
or certification in any record or other document submitted or required to be maintained under this
individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more
than two years per violation, or by both. - -
SECTION B: GENERAL CONDITIONS
Individual Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are
required by the agency authorized to issue permits no later than l80 days prior to the expiration date. Any
permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will
be subjected to enforcement procedures as provided in NCGS § 143-2153.E and 33 USC 1251 et. seq.
Transfers
This permit is not transferable to any person except after notice to and approval by the Director. The
Director may require modification or revocation.and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is
required to notify the Division in writing in the event the permitted facility is sold or closed.
3. Sionatory Requirements
All applications, reports, or information submitted to the Director shall be signed and certified.
a. All applications to be covered under this individual permit shall be signed as follows:
(1) In the case of a corporation: by a principal executive officer of at least the level of vice-
president, or his duly authorized representative, if such representative is responsible for
the overall operation of the facility from which the discharge described in the permit
- application form. originates;
(2) In the case of a partnership or limited partnership: by a general partner;
(3) In the case of a sole proprietorship: by the proprietor;.
(4) In the case of a municipal, state, or other public entity: by a principal executive officer,
ranking elected official, or other duly authorized employee.
b. All reports required by the individual permit and other information requested by the Director shall
be signed by a person described above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
Part III Page 3 of 8
• Permit No. NCS000106
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for environmental
[natters 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. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
4. Individual Permit Modification Revocation and Reissuance or Termination
The issuance of this individual permit does not prohibit the Director from reopening and modifying the
individual permit, revoking and reissuing the individual permit, or terminating the individual permit as
allowed by the laws, rules, and regulations contained in Title 40-, Code of Federal Regulations, Parts 122
and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina
General Statute 143-215.1 eta].
Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned
changes or anticipated noncompliance does not stay any individual permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the permittee to achieve compliance with
the conditions of this individual permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation
,is necessary to achieve compliance with the conditions of this individual permit.
2. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt
or reduce the permitted activity in order to maintain compliance with the condition of this individual
permit.
3. Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
PartIll Page 4 of 8
Permit No. NCS000106
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 whichoccurred during
normal periods of equipment downtime or preventive maintenance; and
C. The permittee submitted notices as required under, Part 111, Section E of this permit.
If the Director determines that it will meet the three conditions listed above, the Director may approve an
anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a representative storm
event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be
taken before the discharge joins or is diluted by any other waste stream, body of water, or substance.
Monitoring points as specified in this permit shall not be changed without notification to and approval of
the Director.
2. - Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the
requirements of this individual permit, the permittee shall record the following information:
a. .The date, exact place, and time of sampling, measurements, inspection or maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
3. 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.
4. 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 III Page 5 of 8
Permit No. NCS000106
To meet the intent of the monitoring required by this individual permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the minimum
detection or lower reporting level of the procedure.
5. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that are
required to be sampled, the permittee may petition the Director for representative outfall status. If it is
established that the stormwater discharges are substantially identical and the pennittee is granted
representative outfall status, then sampling requirements may be performed at a reduced number of outfalls.
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the Stormwater
Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The
permittee shall retain records of all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all
reports required by this individual permit for a period of at least 5 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time.
7. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized contractor
acting as a representative of the Director), or in the case of a facility which discharges through a municipal
separate storm sewer system, an authorized representative of a municipal operator or the separate storm
sewer system receiving the discharge, upon the presentation of credentials and other documents as may be
required by law, to;
a.. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must.be kept under the conditions of this individual 'permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this individual permit;
C. - Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this individual permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.
SECTION E: REPORTING REQUIREMENTS
Discharge Monitoring Reports -
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report (DMR) 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.
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.
Part III Page 6 of 8 -
® ® Permit No. NCS000106
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report (QMR) form provided by the Division, and shall retain the completed forms on site.
Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific
requirement to do so.
2. .Submitting Reports
Duplicate signed copies of all reports required herein, shall be submitted to the following address:
Division of Water Quality
Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center -
Raleigh, North Carolina 27699-1617
Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal
Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection
at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be
considered confidential. Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.6E or in Section 309 of the Federal Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this individual permit coincides with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under the non-stormwater
discharge permit and provide this information with the stormwater discharge monitoring report.
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which could significantly alter the nature or quantity of pollutants discharged. This notification
requirement includes pollutants which are not specifically listed in the individual permit or subject to
notification requirements under 40 CFR Part 122.42 (a).
6. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which may result in noncompliance with the individual permit requirements.
7. B ass ---
a. - Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass. -
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass. -
8. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any noncompliance which
may endanger health or the environment. Any information shall be provided orally within 24 hours from
PartI II Page 7 of 8
• Permit No. NCS000106
the time the permittee became aware of the circumstances. A written submission shall also be provided
within 5 days of the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the period of
noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has been received
within24 hours.
9. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted.
10. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in an application for an
individual permit or in any report to the Director, it shall promptly submit such facts or information. -
Part III Page 8 of 8
t
NCS000106
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 paragraph shall also contain any other requirements in the
Act then applicable.- -
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed
by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 211 .0105(b)(4) may cause
this Division to initiate action to revoke the Individual Permit.
PART VI DEFINITIONS
-
Act
See Clean Water Act.
2. -Arithmetic Mean
The arithmetic mean of any set of values is the summation of the individual values divided by the number
of individual values.
3. - Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in.the
stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
Flushings, water from footing drains, Flows from riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training.
4. _Best Manaeement 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.
Parts IV, V and VI Page 1 of 5
• Permit No. NCS000106
5. 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.
6. 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.
7. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
8. Division or DWQ
The Division of Water Quality, Department of Environment and Natural Resources.
9. Director
The Director of the Division of Water Quality, the permit issuing authority.
10.. EMC
The North Carolina Environmental Management Commission.
11. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly analyzed or
qualitatively monitored must be taken within the first 30 minutes of discharge.
12. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
13. Landfill
A disposal facility or part of a disposal facility where waste is placed in of 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,
Part VI Page 2 of 5 Pages
E
Permit No. NCS000106
industrial machinery, raw materials, intermediate products, by-products, final products, or waste products.
DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a
facility complies with the terms and conditions described in 40 CFR § 122.26(g).
16. Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding
topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations.
17. Permittee
The owner or operator issued a permit pursuant to this individual permit.
18. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe,
ditch, channel, tunnel, conduit, well, or discrete fissure from which Stormwater is or may be discharged to
waters of the state.
19. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no
storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive
hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours.
20. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single butfall is representative of the
discharges at multiple outfalls, the DWQ may grant representative outfall'status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
21. Rinse Water Discharge -
The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse
waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters
utilizing any type of detergent or cleaning agent. -
22: 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.
23. Section 313 Water Prioritv Chemical
A chemical or chemical category which: -
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA Title 111, Section 313 reporting
. requirements; and
C. That meets at least oneofthe following criteria:
Part VI Page 3 of 5 Pages
• Permit No. NCS000106
(1) Is listed in Appendix D of 40 CFR part 122 on Table II (organic priority pollutants),
Table III (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants and
hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the CWA at 40
CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
24. 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.
25. 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 Ill of SARA; fertilizers; pesticides; and waste products such as
ashes, slag and sludge that have the potential to be released with stormwater discharges.
26. 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). _ -
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 Activity
The discharge from any point source which is used for collecting and conveying Stormwater and which is
directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities
considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14).
The term does not include discharges from facilities or activities excluded from the NPDES program.
29. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution
and is based on an evaluation of the pollution potential of the site.
30. Ten Year Design Storm
The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten
years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control
Planning and Design Manual. _
Part VI Page 4 of 5 Pages
Permit No. NCS000106
31. Total Flow
The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be
either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the
amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the
measurement of flow at 20 minute intervals during the rainfall event. .
32. Total Maximum Dailv Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet
water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed
water quality assessment that provides the scientific foundation for an implementation plan. The
implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to
restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes
the water quality standards and TMDL programs.
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(I) of the Clean Water Act.
34. Unset
Means an exceptional incident in which there is unintentional andtemporarynoncompliance with
technology based permit effluent limitations because of factors beyond the reasonable control of the
permittee. An upset does not include noncompliance to the extent caused by operational error, improperly
designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive
maintenance, or careless or improper operation.
35. Vehicle Maintenance Activitv
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations.
36. 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.
37. 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 5 of 5 Pages
NCS000106
WATF9
0
� —t
Beverly Eaves Perdue, Governor
6 n Dee Freeman, Secretary
L ,North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
STAFF REVIEW AND EVALUATION
NPDES Stormwater Permit
Facility Name:
Kapstone Kraft Paper Corporation.
NPDES Permit Number:
NCS000106
Facility Location:
100 Gaston Road, Roanoke Rapids, NC (Halifax County)
Type of Activity:
Paper Mill
SIC Code`
2621
Receiving Streams:
See Figure 1
River Basin:
Roanoke River Basin, Sub -basin 03-02-08
Stream Classification:
C
Proposed Permit Requirements:
See attached draft permit.
Monitoring Data:
See Table 1
Response Requested by (Date):
03/1-1/09
Central Office Staff Contact:
Return to: Brian Lowther, (919) 807-6368
Special Issues:
Issue. : -
Ratin' Scale:: l eas 'to 10 hard
Com liance history
6
Benchmark exceedance
7
Location (TMDL, T&E
7
species, etc
Other Challenges:
3
• Outfall Status of
Lowground
Difficul Ratin
23/40
Special Issues Explanation:
• One storm water monitoring location at the Low -Ground requires amendment. The Lowgound SW
sampling point is currently in permit held by Kapstone Paper. In the renewal application they requested
removal of the Lowground point because Kapstone no longer is the owner, but IP is. An email from Myrl
Nisely of the RRO that based on his knowledge of the site and from occasional observations in the last
couple of years, as well as conversations with the Environmental Staff at the paper mill he recommends that
the closed Lowground Landfill not require a permit. There is no industrial activity at this location, isolated
at "the back 40" of the paper mill property. The site is everywhere heavily vegetated, and the capping
materials soak rain so well that there has never been any water from the turtle backed top surface. Any water
observed at the toe of the landfill travels through vegetation and is like wise absorbed before it is able to
collect at one corner, from which point it would go though a culvert in to a channel to the Roanoke River.
Even in heavy rain, there is no flow at the downstream end of the culvert. Therefore, Myrl supports the
contention of IP that application for a stormwater permit for the Lowground is unnecessary. (See email in
Page 1 of 8
NCS000106
file)
Description of Onsite Activities:
• The mill is an integrated pulp and paper mill producing unbleached Kraft paper for packaging.
Documents Reviewed:
• NPDES Stornwater Permit Application Materials
• National Heritage Program (NHP) Threatened and Endangered Species Database
• SPU File
• Central Files
• EPA General Sector -Specific Permit, 2008, Sector B — Paper and Allied Products.
• 2006 303(d) List
• 2006 Roanoke Basinwide Plan
History:
• December 19, 1994: Date permit first issued. Analytical monitoring included TSS, COD, Total
Phosphorous and Total Lead. Sampling was to be done annually.
• June 15, 1999: Reminder Letter to renew permit was sent.
• March 7, 2003: Permit re -issued. Analytical monitoring included COD, TSS, Total Phosphorous and Total
Lead. Sampling was to be done in years 1, 2, 3 and 4. The permittee asked to not do quarterly sampling.
• November 21, 2006: Request for Name Change sent back because they did not include sufficient legal
documents.
• February 23, 2007: Transfer of coverage from International Paper to KapStone Kraft Paper Corporation.
• September 12, 2007: Reminder Letter to renew permit was sent.
• October 15, 2007: Date permittee submitted renewal application.
• September 25, 2008: Email correspondence Ken Pickle and Mryl Nisley referring to how to handle a
landfill the International Paper owns that is covered in the expired permit for KapStone.
• December 10, 2008: Compliance Inspection done by Autumn Hoban. The inspection report notes that one
of the three sotrmwater outfalls should be removed from the permit. The stormwater runoff at this location
comes from the closed and capped ash landfill area owned by International Paper and is not part of Kapstone
Paper.
Page 2 of 8
NCS000106
Figure 1: Map of Facility
VV
71
il
. . . . . . . . . . . . . . . . . .
ff
.4 61
N'.)
Kraft Paper GorporatiLcmjn,
."N
;A.
N_
k)t' ;.N
NCS000106
Kapstone Kraft Paper Corporation
Lad tude: 360 28' 19" N
Longitude: 770 3& 14" W
IAW
w
GoLnty: Hafifax
k F .
l�410/
Receiving Stream: Roanoke River
Stream 0 ass: C
SLb-basn: 03-02-08 (Roanoke River Basin)
Fa cil I ty Loca tion
AIW Scale 1,-24,000
Page 3 of 8
NCS000106
Central Office Review Summary:
1. Owner's Other Permits:
• NC0000752 — KapStone Kraft Paper Corp. The process waste water outfall has limits for BOD,
Conductivity, Copper, Dissolved Oxygen, Flow, Total Nitrogen, Ammonia, Ceriodaphnia,
Pentachlorophenol, pH, Total Phosphorus, TSS, Temperature, and Trichlorophenol.
AFS 3708300007 - KapStone Kraft Paper Corporation
2. General Observations:
On June 23, 2006, Kapstone Paper, through its wholly -owned subsidiary, KapStone Kraft Paper Corporation,
agreed to purchase the Kraft Papers Business of International Paper Company. The business consists of an
unbleached kraft paper manufacturing facility in Roanoke Rapids, North Carolina and Ride Rite® Converting,
an inflatable dunnage bag manufacturer located in Fordyce, Arkansas with aggregate 2005 revenues of
approximately $223 million. The transaction was approved by the shareholders of Kapstone Paper on December
29, 2006 and was consummated on January 2, 2007.
Kraft Paper: Over 300 unbleached and bleached grade types available that offer best -in -class printability,
strength, coatings, and specialized performance characteristics: Multiwall, Converting and Bag & Sack.
3. Impairment: The Roanoke River, 23-(26)a and 23-(26)b, are both on the 303(d) for a Fish Advisory for
Mercury. Basinwide Plan shows that Roanoke River 23-(26)a has TSS and habitat degradation as stressors. The
Basinwide Plan noted that severe bank erosion is occurring on the Roanoke River. River flows are managed for
flood control by the US Army Corp of Engineers and for hydropower generation by private industries. These
managed flows are not similar to natural seasonal flow conditions and subsequently extend the length of time
flooding occurs on the floodplain and in backswamps. In addition, frequent managed high flows at bankfull
heights further accelerate river bank erosion.
4. Threatened and Endangered: There were no Federally threatened or endangered species within two miles of the
facility based on the Natural Heritage Virtual Workroom. There are some State protected species (see file for
details).
5. Location: Located on the Roanoke River.
6. Industrial Changes Since Previous Permit: In September of 2007 a round wood (log) lay down area was added
north of the Landfill site where runoff drains directly to the treatment plant basin. In 2005 a lay down area for
round wood logs was added on the East side of the mill near the back side of the Emergency pond. All run off
from that area goes into the emergency pond and is pumped to the head of the mill's wastewater plant.
In 2002, a car rinse area was taken out of service and removed from the wastewater permit NC0000752.
7. Analytical Monitoring Notes: The analytical monitor was done annually at 3 outfalls. There were exceedances
of the benchmarks for TSS, COD, Phosphorus and Lead. The permittee also included conductivity, pH, and oil
& grease for 3 storm events even though this was no required in their permit.
The EPA General Sector -Specific Permit, 2008, Sector B — Paper and Allied Products does not have any
recommended monitoring for SIC 2621.
8. Qualitative Monitoring Notes: The visual monitoring shows colors that include brown, tan, gray and orange.
The clarity is often opaque or turbid. There are some suspended solids and other signs of pollution at the
outfalls.
Page 4 of 8
NCS000106
Table 1: Analytical Monitoring
Required
Sample
Total
Precipitation
Duration
COD I
TSS I
Phosphorous I
Lead I
uonductivity I
pti I
Oil&Grease
Sampling
Date
Flow
(in)
(hours)
Benchmark:
Benchmark:
Benchmark:
Benchmark:
Benchmark:
Benchmark:
Benchmark:
Range
(MGD)
120 mg/L
100 mg/ L
2 mg/L
.03 mglL
X mg/L
6.9 su
30 mg/L
Outfall 1 - Tent
03/01/03 to
11/19/2003
1.24
1.87
°x1.
02/29/04
51
40
0.15
0.006
03/01/04 to
12/6/2004
0.2
3.55
573
6.48
<5
02/28/05
03/01/05to
11/21/2005
1.9
13
51
232
0.96
0.026
69
7.75
<5
02/2 8/06
3/1/2006 to
11/1/2006
0.6
3.48
404
0.73
D
248
7.05
12
02/28/07
t ��
Outfall2 - N. Storeroom
03/01/03 to
11/19/2003
1.24
1.87
57
0.44
Mq! 13
02/29/04
03/01/04 to
12/6/2004
0.2
3.55
"`
40
1.09
322
6.94
7
02128/05
03/01/05 to
11/21/2005
1.9
13
74
69
7.45
<5
02128/06
153
0.28
1
0.03
3/1/2006 to
11/1/2006
0.6
3.48
33
114
7.6
<5
02/2 8107
Outfall
3 - Low round
03/01/03 to
11/19/2003
1.24
1.87
98
TM"
0.79
0.011
02/29/04
03/01/04 to
12/6/2004
0.2
3.55
<5
20
0.39
<.003
156
6.87
<5
02/28/05
03/01/05 to
11/21/2005
1.9
13
51
19
0.078
<.03
96
7.2
<6
02/28/06
311/2006to
11/1/2006
0.6
3.48
75
0.03
0.021
93
7.38
<5
02/28/07
Over Current Benchmark
Data Not Collected
Page 5 of 8
NCS000106
Revised Permit Recommendations: Analytical Monitoring:
1. Maintain monitoring for COD, TSS, Phosphorus and Lead.
2. pH has been added to the analytical monitoring requirements.
3. All analytical monitoring has been set to semi-annually during a representative storm event as defined 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. 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 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 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.
5. 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.
6. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote I of Tables 1, 4,
and 5.
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.
Other Proposed Changes to the Previous Permit:
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-stonnwater 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.
Page 6 of 8
NCS000106
Discussions with permittee: Neal Davis 252-533-6295, 02/19/09
1. General description of industrial activities. Kraft Paper Mill. The kraft paper is used for grocery bags, concrete
bags, and lining for boxes. Bring in logs and wood chips.
2. Have there been any changes since filing the application? No
3. There are high values for COD, TSS, P, and Lead. Any reason why? No sure. For TSS the water is move
quickly at the sampling point during a rain event.
4. The visual monitoring shows colors that include brown, tan, gray and orange. What do you think this is from?
Because of the high turbidity. The water is always tan or red clay color.
5. What do you have stored outside that drains to the stormwater outfalls? No
6. Do you have vehicle maintenance onsite? Yes
Page 7 of 8
NCS000106
Recommendations: Based on the documents reviewed, the application information submitted on October 15, 2007
sufficient to issue an Individual Stormwater Permit.
Prepared by (Signature) XL C. �� Date Z I lzqo
Stormwater Permitting Unit Supervisor Date?�� 4�0�
Page 8 of 8
Permit No. NCS000106
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other
lawful standards and regulations promulgated and adopted by the North Carolina
Environmental Management Commission, and the Federal Water'PpIIution Control Act, as
amended, �
r'
KapStone Kraft Paper Corporation WWTP'-\
is hereby authorized to discharge stormwater from a facility located at:
KapStone Kraft Paper Corporation
100 Gaston Road
Roanoke Rapids NC
Halifax County
to receiving waters designated as the Roanoke River, a class C water body in the Roanoke
River Basin, in accordance with the discharge limitations, monitoring requirements, and
other conditions set forth in Parts I; II, 111, and Whereof.
This permit shall become effective [July 1, 2019].
This permit and the authorization to discharge shall expire at midnight on [June 30, 2024].
Signed this day [June 13, 2019].
cb
L�U
for S. Daniel Smith, Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
I
Permit No. NCS000106
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: Qualitative Monitoring Requirements
Section D: Special Conditions
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
S. 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
11. Onshore or Offshore Construction
12. Duty to Reapply
i
Permit No. NCS000106
Section B: General Conditions
1. Permit Expiration
2. Transfers
3. Signatory Requirements
4. Permit Modification, Revocation and Reissuance, or Termination
5. Permit Actions
6. Annual Administering and Compliance Monitoring Fee
Requirements
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
5. Representative Outfall
6. Records Retention
7. Inspection and Entry
Section E: Reporting Requirements
1. Discharge Monitoring Reports
2. Submitting Reports
3. Availability of Reports
4. Non-Stormwater Discharges
S. Planned Changes
6. Anticipated Noncompliance
7. Spills
8. Bypass
9. Twenty-four Hour Reporting
10. Other Noncompliance
11. Other Information
PART IV DEFINITIONS
ii
Permit No. NCS000106
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 Certification from NPDES
stormwater discharge permit requirements. Any owner or operator wishing to obtain a No
Exposure Certification must:
• Submit a No Exposure Certification Notice of Intent (NOI) form to the Division
of Energy, Mineral and Land Resources (Division)
• Receive approval by the Division,
• Maintain no exposure conditions unless authorized to discharge under a valid
NPDES stormwater permit, and
• Recertify the No Exposure Certification annually.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system that
has been adequately treated and managed in accordance with the terms and conditions of
this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or
approval. The stormwater discharges allowed by this permit shall not cause or contribute
to violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
Page I of 29
Permit No. NCS000106
SECTION C: LOCATION MAP
Latitude: 36° 28' 19" N NCS000106
Longitude: 77' 38' 14" W KapStone Kraft Paper Corporation
County: Halifax 100 Gaston Road
Stream Class: C Roanoke Rapids, NC
Receiving Stream: Roanoke River
Sub -basin: 03-02-08 (Roanoke River Basin)
Facility
Location
dyotf/L 11
Not to Scale
Page 2 of 29
Permit No. NCS000106
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
The permittee shall develop and implement a Stormwater Pollution Prevention Plan
(SWPPP). The SWPPP shall be maintained on site unless exempted from this requirement
by the Division. The SWPPP is public information in accordance with Part 111, Standard
Conditions, Section E, paragraph 3 of this permit. The SWPPP shall include, at a minimum,
the following items:
1. Site Overview. The Site Overview shall provide a description of the physical facility
and the potential pollutant sources that may be expected to contribute to
contamination of stormwater discharges. The Site Overview shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent
map), showing the facility's location in relation to transportation routes and surface
waters; the name of the receiving waters to which the stormwater outfalls
discharge, or if the discharge is to a municipal separate storm sewer system, the
name of the municipality and the ultimate receiving waters; and accurate latitude
and longitude of the points of stormwater discharge associated with industrial
activity. The general location map (or alternatively the site map) shall identify
whether any receiving waters are impaired (on the state's 303(d) list of impaired
waters) or if the site is located in a watershed for which a TMDL has been
established, and what the parameters of concern are.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants that
could be expected to be present in the stormwater discharge from each outfall.
(c) A site map drawn at a scale sufficient to clearly depict: 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 and
finished grade; all drainage features and structures; drainage area boundaries and
total contributing area for each outfall; direction of flow in each drainage area;
industrial activities occurring in each drainage area; buildings; Stormwater Control
Measures (SCMs); and impervious surfaces. The site map must indicate the
percentage of each drainage area that is impervious, and the site map must include a
graphic scale indication and north arrow.
(d) A list of significant spills or leaks of pollutants during the previous three (3) years
and any corrective actions taken to mitigate spill impacts.
Page 3 of 29
Permit No. NCS000106
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The permittee shall re -certify annually that the
stormwater outfalls have been evaluated for the presence of non-stormwater
discharges. The certification statement will be signed in accordance with the
requirements found in Part III, Standard Conditions, Section B, Paragraph 3.
2. Stormwater Management Strategy. The Stormwater Management Strategy shall
contain a narrative description of the materials management practices employed which
control or minimize the stormwater exposure of significant materials, including
structural and nonstructural measures. The Stormwater Management Strategy, 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 rainfall and run-on flows. Wherever practical, the
permittee shall prevent exposure of all storage areas, material handling operations,
and manufacturing or fueling operations. In areas where elimination of exposure is
not practical, this review shall document the feasibility of diverting the stormwater
run-on away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section 313
of Title III of the Superfund Amendments and Reauthorization Act (SARA) water
priority chemicals; and storage in any amount of hazardous substances, in order to
prevent leaks and spills from contaminating stormwater runoff. A table or summary
of all such tanks and stored materials and their associated secondary containment
i areas shall be maintained. If the secondary containment devices are connected to
stormwater conveyance systems, the connection shall be controlled by manually
activated valves or other similar devices (which shall be secured closed with a
locking mechanism). 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 (5) years. For facilities subject to a federal oil Spill
Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan
fully compliant with the requirements of this permit may be used to demonstrate
compliance with this permit. The Division may allow exceptions to secondary
containment requirements for mobile refuelers, as with the exemption provided by
amendments to federal SPCC regulations, as long as appropriate spill containment
and/or diversionary structures or equipment is used to prevent discharge to surface
waters. Exceptions do not apply to refuelers or other mobile tankage used primarily
as bulk liquid material storage in a fixed location in place of stationary containers.
(c) SCM/BMP Summary. A listing of structural Stormwater Control Measures (SCM)
and non-structural Best Management Practices (BMPs) on site shall be provided.
Page 4 of 29
Permit No. NCS000106
The installation and implementation of SCMs and/or BMPs shall be based on the
assessment of the potential for sources to contribute significant quantities of
pollutants to stormwater discharges and on data collected through monitoring of
stormwater discharges. The SCM/BMP Summary shall include a written record of
the specific rationale for installation and implementation of the selected site SCMs
and/or BMPs. The SCM/BMP Summary shall be reviewed and updated annually.
3. Spill Prevention and Response Procedures. The Spill Prevention and Response
Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based
on a materials inventory of the facility. Facility personnel 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 person shall be on -site at all times during facility operations that have
increased 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 and implemented.
The program shall address all stormwater control systems (if applicable), stormwater
discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial
activity areas (including material storage areas, material handling areas, disposal areas,
process areas, loading and unloading areas, and haul roads), all drainage features and
structures, and existing structural SCMs and non-structural BMPs. The program shall
establish schedules of inspections, maintenance, and housekeeping activities of
stormwater control systems, as well as facility equipment, facility areas, and facility
systems that present a potential for stormwater exposure or stormwater pollution
where not already addressed under another element of the SWPPP. Inspection of
material handling areas and regular cleaning schedules of these areas shall be
incorporated into the program. Timely compliance with the established schedules for
inspections, maintenance, and housekeeping shall be recorded and maintained in the
SWPPP.
S. 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 at the outfalls required in Part 11 B and C of this
permit.
6. Employee Training. Training programs shall be developed, and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill
Page 5 of 29
Permit No. NCS000106
response and cleanup, preventative maintenance activities, and for any of the facility's
operations that have the potential to contaminate stormwater runoff. The facility
personnel responsible for implementing the training shall be identified, and their
annual training shall be documented by the signature of each employee trained.
7. Responsible Party. The SWPPP shall identify a specific position or positions
responsible for the overall coordination, development, implementation, and revision of
the SWPPP. Responsibilities for all components of the SWPPP shall be documented and
position assignments provided.
8. SWPPP Amendment and Annual Update. The permittee shall amend the SWPPP
whenever there is a change in design, construction, operation, site drainage,
maintenance, or configuration of the physical features which may have a significant
effect on the potential for the discharge of pollutants to surface waters. All aspects of
the SWPPP shall be reviewed and updated on an annual basis. The annual update
shall include:
(a) an updated list of significant spills or leaks of pollutants for the previous three
(3) years, or the notation that no spills have occurred (element of the Site
Overview);
(b) a written re -certification that the stormwater outfalls have been evaluated for
the presence of non-stormwater discharges (element of the Site Overview);
(c) a documented re-evaluation of the effectiveness of the on -site SCMs and
BMPs (SCM/BMP Summary element of the Stormwater Management
Strategy).
(d) a review and comparison of sample analytical data to benchmark values (if
applicable) over the past year, including a discussion about Tiered Response
status. The permittee shall use the Division's Annual Summary Data
Monitoring Report (DMR) form, available from the Stormwater Permitting
Program's website (See: https://deq.nc.gov/about/divisions/energy-
mineral-land-resources des-sto rmwater-individual).
The Director may notify the permittee when the SWPPP does not meet one or more of
the minimum requirements of the permit. Within 30 days of such notice, the permittee
shall submit a time schedule to the Director for modifying the SWPPP to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes
have been made.
9. SWPPP Implementation. The permittee shall implement the SWPPP and all
appropriate SCMs and BMPs consistent with the provisions of this permit, in order to
control contaminants entering surface waters via stormwater. Implementation of the
SWPPP shall include documentation of all monitoring, measurements, inspections,
maintenance activities, and training provided to employees, including the log of the
sampling data and of actions taken to implement SCMs and BMPs associated with the
industrial activities, including vehicle maintenance activities. Such documentation shall
Page 6 of 29
Permit No. NCS000106
be kept on -site for a period of five (5) years and made available to the Division
immediately upon request.
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 measurable storm event at each
stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with
industrial activity must be sampled (See Definitions).
A measurable storm event is a storm event that results in an actual discharge from the
permitted site outfall. The previous measurable storm event must have been at least 72 hours
prior. The 72-hour storm interval does not apply if the permittee is able to document that a
shorter interval is representative for local storm events during the sampling period, and the
permittee obtains approval from the local DEMLR Regional Engineer. See Definitions.
The permittee shall compare monitoring results to the benchmark values in Table 1.
Exceedances of benchmark values require the permittee to increase monitoring, increase
management actions, increase record keeping, and/or install SCMs and BMPs in a tiered
program. See the descriptions of Tier One, Tier Two, and Tier Three response actions below.
In the event that the Division releases the permittee from continued monthly monitoring and
reporting under Tier Two or Tier Three, the Division's release letter may remain in effect
through subsequent reissuance of this permit, unless the release letter provides for other
conditions or duration.
The benchmark values in Table 1 are not permit limits but should be used as guidelines for
implementation of the permittee's SWPPP. An exceedance of a stormwater benchmark
value is not a permit violation; however, failure to respond to the exceedance as outlined in
this permit is a violation of permit conditions.
Please note that the parameters in the last two rows in Table 1 (non -polar oil and grease
and new motor oil usage) are only required for outfalls that discharge runoff from vehicle
or equipment maintenance areas in which more than 55 gallons of new motor oil and/or
hydraulic oil per month is used when averaged over the calendar year.
Table 1. Analvtical Monitoring Requirements
Parameter
Code
Discharge
Characteristics
Units
Measurement
Frequencyl
Sample
Type2
Sample
Location3
Bench -
mark
00340
CCOD ical Oxygen Demand
mg/L
semi-annual
Grab
SDO
120 mg/L
C0655
Phosphorous, Total
m L
semi-annual
Grab
SDO
2 m L
C0530
Total Suspended Solids (TSS)
mg L
semi-annual
Grab
SDO
y
01051
Lead, Total recoverable
m L
semi-annual
Grab
SDO
.075 m L
00400
pH
m L
semi-annual
Grab
SDO
46529
Total Rainfall4
inches
semi-annual IRain
Gauge
`00, aV,,WW noN-/ b
\,.-YLS
Page 7 of
Roy rne�h �? b
Permit No. NCS000106
Parameter
Code
Discharge
Characteristics
Units
Measurement
Frequencyl
Sample
Type2
Sample
Location3
Bench -
mark
Non -Polar Oil & Grease by EPA
Method 1664 (SGT-HEM)
00552
for outfalls with vehicle/
mg/L
semi-annual
Grab
SDO
15mg/L
equipment maintenance
activitiess
New Motor Oil Usage
NCOIL
for outfalls with vehicle/
Gallons/
semi-annual
Estimate
equipment maintenance
month
activitiess
Footnotes:
1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly
sampling) during a measurable storm event, until either another permit is issued for this facility or
until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or
Three response actions under the previous permit, the facility shall continue a monthly monitoring
and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this
permit or the Division.
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation
between outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within
the first 30 minutes, and shall continue until completed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless
representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall
be kept on site.
4 For each sampled measurable storm event, the total precipitation must be recorded. An on -site rain
gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge
reading may be substituted for an on -site reading.
S This parameter is only required for outfalls that discharge runoff from vehicle / equipment maintenance
areas in which more than 55 gallons of new motor oil per month is used when averaged over the
calendar year.
The permittee shall complete the analytical samplings in accordance with the schedule
specified below in Table 2, unless adverse weather conditions prevent sample collection
(see Adverse Weather in Definitions). Sampling is not required outside of the facility's
normal operating hours. 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. Inability to sample because of adverse weather conditions must be documented
in the SWPPP and recorded on the DMR. The permittee must report the results from each
sample taken within the monitoring period (see Part III, Section E). However, for purposes
of benchmark comparison and Tiered response actions, the permittee shall use the
analytical results from the first sample with valid results within the monitoring period.
Table 2. Monitoring Schedule
Page 8 of 29
Permit No. NCS000106
Semi -Annual
Monitoring Events1,2
Start Date
(All Years)3
End Date
(All Years)3
Period 1
January 1
June 30
Period 2
July 1
December 31
Footnotes:
1 Maintain semi-annual monitoring until either another permit is issued for this facility or until this
permit is revoked or rescinded. The permittee must submit an application for renewal of coverage
before the submittal deadline (180 days before expiration) to be considered for renewed coverage
under the permit. The permittee must continue analytical monitoring throughout the permit
renewal process, even if a renewal permit is not issued until after expiration of this permit.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report
indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period.
3 Monitoring periods remain consistent through the permit term and through the renewal process. The
first sampling period begins in Period 1 on January 1, 2020.
Failure to monitor semi-annually per permit conditions may result in the Division
requiring monthly monitoring for all parameters for a specified time period. "No
discharge" from an outfall during a monitoring period does not constitute failure to
monitor, as long as it is properly recorded and reported.
aDie .3. i ier mane
If any parameter at any outfall is above a benchmark value, or outside of the benchmark range, for the first valid
Then the permittee shall:
1. 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 exceedance.
3. Evaluate and select specific source controls, operational controls, and/or physical improvements to
reduce concentrations of the parameter(s) of concern and bring concentrations within the benchmark
range.
4. Implement the selected controls/improvements within two months of the inspection.
S. Record each instance of a Tier One response in the SWPPP. Include the date and value of the benchmark
exceedance, the inspection date, the personnel conducting the inspection, the selected actions, and the
date the selected actions were implemented.
Note: A benchmark exceedance triggers a Tier One response for each parameter.
Table 4. Tier Two Requirements
Page 9 of 29
Permit No. NCS000106
If the first valid sampling results from two consecutive monitoring periods (omitting periods with no
discharge) are above the benchmark values, or outside of the benchmark range, for any specific parameter at
a specific discharge outfall;
Then the permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring and reporting for all analytical monitoring parameters. The
permittee shall conduct monthly monitoring at every outfall where a sampling result exceeded the
benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall
continue until three consecutive sample results are below the benchmark values or within 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. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the
option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional
Engineer may direct the response actions on the part of the permittee as provided in Tier Three,
including reduced or additional sampling parameters or frequency.
5. Maintain a record of the Tier Two response in the SWPPP.
6. Continue Tier Two response obligations throughout the permit renewal process.
Table S. Tier Three Requirements
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 DEMLR Regional Engineer in writing within 30 days of receipt of the fourth
analytical results;
Then the Division may, at minimum, require the permittee:
• Revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters
herein;
• Sampling of additional or substitute parameters;
• Install structural stormwater controls;
• Implement other stormwater control measures;
• Perform upstream and downstream monitoring to characterize impacts on receiving waters;
• Implement site modifications to qualify for a No Exposure Exclusion;
• Continue Tier Three obligations through the permit renewal process.
This site discharges to impaired waters experiencing problems with turbidity, fluoride,
nickel, fecal coliform, arsenic, water temperature, chloride, copper, pH, fish tissue mercury,
lead, dissolved oxygen, cadmium, iron, and zinc. If the Division institutes further actions,
which may include the development of a Total Maximum Daily Load (TMDL) for this
segment of Roanoke River, then the Division will consider your monitoring results in
determining whether additional SCMs and/or BMPs are needed to control the pollutant(s)
of concern to the maximum extent practicable.
If additional SCMs and/or BMPs are needed to achieve the required level of control, the
permittee will be notified in writing and required to (1) develop a strategy for
implementing appropriate SCMs and/or BMPs, and (2) submit a timetable for
incorporation of those SCMs and/or BMPs into the Stormwater Pollution Prevention Plan.
Page 10 of 29
Permit No.NCS000106
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
The purpose of qualitative monitoring is to evaluate the effectiveness of the SWPPP and
identify new potential sources of stormwater pollution. Qualitative monitoring of
ctormwater outfalls must be performed during a measurable storm event.
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status. Qualitative monitoring shall be performed semi-annually
during required analytical monitoring events (unless the permittee is required to perform
further qualitative monitoring per.the Qualitative Monitoring Response, below). Inability
to monitor because of adverse weather conditions must be documented in the SWPPP and
recorded on the Qualitative Monitoring Report form (see Adverse Weather in Definitions).
Only SDOs discharging stormwater associated with industrial activity must be monitored
(See Definitions).
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 shall be maintained with the SWPPP.
Table 6. Qualitative Monitoring Re uirements
Discharge Characteristics
Frequencyl
Monitoring
Location2
Color
semi-annual
SDO
Odor
semi-annual
SDO
Clarity
semi-annual
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semi-annual
SDO
Oil Sheen
semi-annual
SDO
Erosion or deposition at the outfall
semi-annual
SDO
Other obvious indicators
of stormwater pollution
semi-annual
SDO
Footnotes:
1 Monitoring Frequency: Twice per year during a measurable storm event unless other provisions of this
permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods. The permittee must
continue qualitative monitoring throughout the permit renewal process until a new permit is issued.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall
(SDO) regardless of representative outfall status.
A minimum of 60 days must separate monitoring dates, unless additional sampling has
been instituted as part of other analytical monitoring requirements in this permit.
If the permittee's qualitative monitoring indicates that existing stormwater SCMs and/or
BMPs are ineffective, or that significant stormwater contamination is present, the
Page 11 of 29
Permit No. NCS000106
permittee shall investigate potential causes, evaluate the feasibility of corrective actions,
and implement those corrective actions within 60 days, per the Qualitative Monitoring
Response in Table 7. A written record of the permittee's investigation, evaluation, and
response actions shall be kept in the SWPPP.
apse i.
Qualitative monitoring is for the purposes of evaluating SWPPP effectiveness, identifying new
potential sources of stormwater pollution, and prompting the permittee's response to pollution. If
the permittee repeatedly fails to respond effectively to correct problems identified by qualitative
monitoring, or if the discharge causes or contributes to a water quality standard violation, then the
Division may, at minimum, require the permittee:
• Revise, increase, or decrease the monitoring frequency for some or all parameters
(analytical or qualitative);
• Install structural stormwater controls;
Implement other stormwater control measures;
Perform upstream and downstream monitoring to characterize impacts on receiving
waters; or
• Implement site modifications to qualify for a No Exposure Exclusion.
SECTION D: SPECIAL CONDITIONS
ELECTRONIC REPORTING OF MONITORING REPORTS [G.S.143-215.1(b))
Federal regulations require electronic submittal of all discharge monitoring reports
(DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and
became effective on December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within
Part III of this permit (Standard Conditions for NPDES Permits):
• Section B. (3.) Signatory Requirements
• Section D. (6.) Records Retention
• Section E. (1.) Discharge Monitoring Reports
• Section E. (2.) Submitting Reports
1. Reporting Requirements
[Supplements Section E. (I.) and Supersedes Section E. (2.)I
When the Division's electronic reporting system is able to accept NPDES stormwater
permit monitoring data, the permittee shall report discharge monitoring data
electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR)
internet application. The Division will notify permittees when eDMR is ready to accept
stormwater monitoring data.
Page 12 of 29
Permit No. NCS000106
Until the Division's eDMR application is compliant with EPA's Cross -Media Electronic
Reporting Regulation (CROMERR), DMRs shall be submitted to the Division using the
following process:
1. Print a blank copy of the DMR form from the NPDES Stormwater Individual
Permits web site at https://deq.nc.govlabout/divisions/energy-mineral-land-
resources/nl2des-stormwater-individual.
2. Complete, sign and scan the DMR form and submit it using the Digital DMR
Submittal Form on the NPDES Stormwater Individual Permits web site at
https://deq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-
stormwater-individual.
3. Mail the original, signed DMR form to the following address:
DEMLR Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
When eDMR is initiated, if a permittee is unable to use the eDMR system due to a
demonstrated hardship or due to the facility being physically located in an area where
less than 10 percent of the households have broadband access, then a temporary waiver
from the NPDES electronic reporting requirements may be granted and discharge
monitoring data may be submitted on paper DMR forms or alternative forms approved
by the Director. Duplicate signed copies shall be submitted to the mailing address
above. See "How to Request a Waiver from Electronic Reporting" section below.
Regardless of the submission method, the first DMR is due no later than 30 days from
the date the facility receives the sampling results from the laboratory.
2. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To
obtain an electronic reporting waiver, a permittee must first submit an electronic
reporting waiver request to the Division. Requests for temporary electronic reporting
waivers must be submitted in writing to the Division for written approval at least sixty
(60) days prior to the date the facility would be required under this permit to begin
submitting monitoring data and reports. The duration of a temporary waiver shall not
exceed 5 years and shall thereupon expire. At such time, monitoring data and reports
shall be submitted electronically to the Division unless the permittee re -applies for and
is granted a new temporary electronic reporting waiver by the Division. Approved
electronic reporting waivers are not transferrable. Only permittees with an approved
reporting waiver request may submit monitoring data and reports on paper to the
Division for the period that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver
are found on the following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
Page 13 of 29
Permit No. NCS000106
3. Signatory Requirements
[Supplements Section B. (3.) (b) and Supersedes Section B. (3.) (dll
All eDMRs submitted to the permit issuing authority shall be signed by a person
described in Part Ili, Section B. (3.)(a) or by a duly authorized representative of that
person as described in Part III, Section B. (3.)(b). A person, and not a position, must be
delegated signatory authority for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an
eDMR user account and login credentials to access the eDMR system. For more
information on North Carolina's eDMR system, registering for eDMR and obtaining an
eDMR user account, please visit the following web page:
httl2://deq.nc.gov/about/divisions/water-resources/edmr
Any person submitting an electronic DMR using the state's eDMR system shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION
WILL BE ACCEPTED:
7 certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properlygather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible forgathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility offines and
imprisonmentfor knowing violations."
4. Records Retention
[Supplements Section D. (6.)]
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 5
years from the date of the report. This period may be extended by request of the
Director at any time [40 CFR 122.41].
Page 14 of 29
Permit No. NCS000106
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Comoliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater
discharges in accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first
time: The Stormwater Pollution Prevention Plan shall be developed and implemented
within 12 months of the effective date of the initial permit and updated thereafter on an
annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of
this permit, shall be accomplished within 12 months of the effective date of the initial
permit issuance.
New Facilities applying for coverage for the first time: The Stormwater Pollution
Prevention Plan shall be developed and implemented prior to the beginning of discharges
from the operation of the industrial activity and be updated thereafter on an annual basis.
Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit shall
be accomplished prior to the beginning of stormwater discharges from the operation of the
industrial activity.
Existing facilities previously permitted and applying for renewal: All requirements,
conditions, limitations, and controls contained in this permit (except new SWPPP elements
in this permit renewal) shall become effective immediately upon issuance of this permit.
New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be
developed and implemented within 6 months of the effective date of this permit and
updated thereafter on an annual basis. Secondary containment, as specified in Part 11,
Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of
stormwater discharges from the operation of the industrial activity.
2. Duty toComplly
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action;
for permit termination, revocation and reissuance, or modification; or denial of a permit
upon renewal application [40 CFR 122.41].
b. The permittee shall comply with standards or prohibitions established under section
307(a) of the CWA for toxic pollutants within the time provided in the regulations that
establish these standards or prohibitions, even if the permit has not yet been modified
to incorporate the requirement [40 CFR 122.41].
c. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318
or 405 of the Act, or any permit condition or limitation implementing any such sections
in a permit issued under section 402, or any requirement imposed in a pretreatment
program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil
penalty not to exceed $51,570 per day for each violation [33 USC 1319(d) and 40 CFR
122.41(a)(2)].
d. The CWA provides that any person who negligently violates sections 301, 302, 306, 307,
308, 318, or 405 of the Act, or any condition or limitation implementing any of such
sections in a permit issued under section 402 of the Act, or any requirement imposed in
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Permit No. NCS000106
a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is
subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment
of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than
$50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33
USC 1319(c)(1) and 40 CFR 122.41(a)(2)].
e. Any person who knowingly violates such sections, or such conditions or limitations is
subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment
for not more than 3 years, or both. In the case of a second or subsequent conviction for a
knowing violation, a person shall be subject to criminal penalties of not more than
$100,000 per day of violation, or imprisonment of not more than 6 years, or both [33
USC 1319(c)(2) and 40 CFR 122.41(a)(2)].
Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of
the Act, or any permit condition or limitation implementing any of such sections in a
permit issued under section 402 of the Act, and who knows at that time that he thereby
places another person in imminent danger of death or serious bodily injury, shall, upon
conviction, be subject to a fine of not more than $250,000 or imprisonment of not more
than 15 years, or both. In the case of a second or subsequent conviction for a knowing
endangerment violation, a person shall be subject to a fine of not more than $500,000 or
by imprisonment of not more than 30 years, or both. An organization, as defined in
section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent
danger provision, be subject to a fine of not more than $1,000,000 and can be fined up
to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)].
g. Understate law, a civil penalty of not more than $25,000 per violation maybe assessed
against any person who violates or fails to act in accordance with the terms, conditions,
or requirements of a permit (North Carolina General Statutes § 143-215.6A].
h. Any person may be assessed an administrative penalty by the Administrator for
violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition
or limitation implementing any of such sections in a permit issued under section 402 of
this Act. Administrative penalties for Class I violations are not to exceed $20,628 per
violation, with the maximum amount of any Class 1 penalty assessed not to exceed
$51,570. Penalties for Class 11 violations are not to exceed $20,628 per day for each day
during which the violation continues, with the maximum amount of any Class 11 penalty
not to exceed $257,848 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)].
Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting human
health or the environment [40 CFR 122.41(d)].
4. Civil and Criminal Liability
Except as provided in Part 111, Section C of this permit regarding bypassing of stormwater
control facilities, nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-
215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.
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5. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the
permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal Act, 33 USC 1321.
6. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or
any invasion of personal rights, nor any infringement of federal, state or local laws or
regulations [40 CFR 122.41(g)].
Severabilitv
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit, shall
not be affected thereby [NCGS 15013-231.
B. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause
exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to
this permit or to determine compliance with this permit. The permittee shall also furnish to
the Permit Issuing Authority upon request, copies of records required to be kept by this
permit [40 CFR 122.41(h)].
9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation,
or by imprisonment for not more than two years per violation, or by both. If a conviction of
a person is for a violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by
imprisonment of not more than 4 years, or both [40 CFR 122.41].
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both [40 CFR
122.41].
11. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore
physical structures or facilities or the undertaking of any work in any navigable waters.
12. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration
date of this permit, the permittee must apply for and obtain a new permit [40 CFR
122.41(b)].
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Permit No. NCS000106
SECTION B: GENERAL CONDITIONS
1. Permit Expiration .
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit
forms and fees as are required by the agency authorized to issue permits no later than 180
days prior to the expiration date, unless permission for a later date has been granted by
the Director. (The Director shall not grant permission for applications to be submitted later
than the expiration date of the existing permit) [40 CFR 122.21(d)]. Any permittee that has
not requested renewal at least 180 days prior to expiration, or any permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to
expiration, will be subjected to enforcement procedures as provided in NCGS §143-215.36
and 33 USC 1251 et. seq.
Transfers
This permit is not transferable to any person without prior written notice to and approval
from the Director in accordance with 40 CFR 122.61. The Director may condition approval
in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2. and may
require modification or revocation and reissuance of the permit, or a minor modification, to
identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. The Permittee is required
to notify the Division in writing in the event the permitted facility is sold or closed.
3. Sanatory Requirements
All applications, reports, or information submitted to the Permitting Issuing Authority shall
be signed and certified [40 CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this
Section, a responsible corporate officer means: (a) a president, secretary, treasurer
or vice president of the corporation in charge of a principal business function, or any
other person who performs similar policy or decision making functions for the
corporation, or (b) the manager of one or more manufacturing, production, or
operating facilities, provided, the manager is authorized to make management
decisions which govern the operation of the regulated facility including having the
explicit or implicit duty of making major capital investment recommendations, and
initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations; the manager
can ensure that the necessary systems are established or actions taken to gather
complete and accurate information for permit application requirements; and where
authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, state, federal, or other public agency: by either a principal
executive officer or ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit
Issuing Authority shall be signed by a person described in paragraph a. above or by a
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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
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 Permit Issuing Authority [40 CFR
122.22].
c. Changes to authorization: If an authorization under paragraph (b) of this section is no
longer accurate because a different individual or position has responsibility for the
overall operation of the facility, a new authorization satisfying the requirements of
paragraph (b) of this section must be submitted to the Director prior to or together with
any reports, information, or applications to be signed by an authorized representative
[40 CFR 122.22].
d. Certification. Any person signing a document under paragraphs a. or b. of this section, or
submitting an electronic report (e.g., eDMR), shall make the following certification [40
CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
'7 certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properlygather and evaluate the information submitted. Based on my
inquiry of the person orpersons who manage the system, or those persons directly
responsible forgathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penaltiesforsubmitting false information, including the possibility offines and
imprisonment for knowing violations."
4. Permit Modification. Revocation and Reissuance or Termination
The issuance of this permit does not prohibit the Permit Issuing Authority from reopening
and modifying the permit, revoking and reissuing the permit, or terminating the permit as
allowed by the laws, rules, and regulations contained in Title 40, Code of Federal
Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,
Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al.
5. Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any permit
condition [40 CFR 122.41(f)].
6. Annual Administering and Compliance Monitoring Fee Requirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty)
days after being billed by the Division. Failure to pay the fee in timely manner in
accordance with 15A NCAC 21-1.0105(b)(2) may cause the Division to initiate action to
revoke the permit.
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Permit No. NCS000106
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of this 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 permit [40 CFR 122.41(e)].
Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit [40 CFR 122.41(c)].
Bypassing of Stormwater Control Facilities
Bypass is prohibited, and the Director may take enforcement action against a permittee for
bypass unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control
facilities, retention of stormwater, or maintenance during normal periods of
equipment downtime or dry weather. This condition is not satisfied if adequate
backup controls should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
C. The permittee submitted notices as required under, Part 111, Section E of this permit.
If the Director determines that it will meet the three conditions listed above, the Director
may approve an anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
Representative Sampling
Samples collected, and measurements taken, as required herein, shall be characteristic of
the volume and nature of the permitted discharge. Analytical sampling shall be performed
during a measurable storm event. Samples shall be taken on a day and time that is
characteristic of the discharge. All samples shall be taken before the discharge joins or is
diluted by any other waste stream, body of water, or substance. Monitoring points as
specified in this permit shall not be changed without notification to and approval of the
Permit Issuing Authority [40 CFR 122.41(j)].
2. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the
permittee shall record the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
C. The date(s) analyses were performed;
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Permit No. NCS000106
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
3. 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.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts,
and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water
Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure. If no approved
methods are determined capable of achieving minimum detection and reporting levels
below permit discharge requirements, then the most sensitive (method with the lowest
possible detection and reporting level) approved method must be used.
S. 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 the facility along with
the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also
be maintained on -site. The permittee shall retain records of all monitoring information,
including:
a. all calibration and maintenance records,
b. all original strip chart recordings for continuous monitoring instrumentation,
C. copies of all reports required by this permit, including Discharge Monitoring Reports
(DMRs),
d. copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 5 years from the date of
the sample, measurement, report or application. This period may be extended by request of
the Director at anytime [40 CFR 122.41].
Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as maybe required by
law, to:
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Permit No. NCS000106
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this permit;
and
d. Sample or monitor at reasonable times, for the purposes of assuring permit
compliance or as otherwise authorized by the Clean Water Act, any substances or
parameters at any location [40 CFR 122.41(i)].
SECTION E: REPORTING REQUIREMENTS
1. Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the
Division on Discharge Monitoring Report (DMR) forms provided by the Director or
submitted electronically to the appropriate authority using an approved electronic DMR
reporting system (e.g., eDMR). DMR forms are available on the Division's website
(https: //deq.nc.gov/about/divisions/energy-mineral-land-resources des-stormwater-
individual). Regardless of the submission method (paper or electronic), submittals shall be
delivered to the Division or appropriate authority no later than 30 days from the date the
facility receives the sampling results from the laboratory.
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 specified
sampling period, giving all required information and indicating "NO FLOW" as per NCAC
T15A 02B .0506.
If the permittee monitors any pollutant more frequently than required by this permit using
test procedures approved under 40 CFR Part 136 and at a sampling location specified in this
permit or other appropriate instrument governing the discharge, the results of such
monitoring shall be included in the data submitted on the DMR [40 CFR §122.41(1)].
The permittee shall record the required qualitative monitoring observations on the SDO
Qualitative Monitoring Report form provided by the Division and shall retain the completed
forms on site. Qualitative monitoring results should not be submitted to the Division,
except upon the Division's specific requirement to do so. Qualitative Monitoring Report
forms are available at the website above.
2. Submitting Reports
Original, signed Discharge Monitoring Reports (DMRs) shall be submitted to the mailing
address of the appropriate Regional Office listed on DEQ's website at
httys://deg.nc.gov/contact/regional-offices.
3. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308
of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this
permit shall be available for public inspection at the offices of the Division. As required by
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Permit No. NCS000106
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 Discharges
If the storm event monitored in accordance with this permit coincides with a non-
stormwater discharge, the permittee shall separately monitor all parameters as required
under all other applicable discharge permits and provide this information with the
stormwater discharge monitoring report.
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at
the permitted facility which could significantly alter the nature or quantity of pollutants
discharged [40 CFR 122.41(1)]. This notification requirement includes pollutants which are
not specifically listed in the permit or subject to notification requirements under 40 CFR
Part 122.42 (a).
6. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes at the
permitted facility which may result in noncompliance with the permit [40 CFR
122.41(1)(2)].
Spills
The permittee shall report to the local DEMLR Regional Office, within 24 hours, all
significant spills as defined in Part IV of this permit. Additionally, the permittee shall report
spills including: any oil spill of 25 gallons or more, any spill regardless of amount that
causes a sheen on surface waters, any oil spill regardless of amount occurring within 100
feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within
24 hours.
B. Bypass
Reference [40 CFR 122.41(m)(3)]:
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the bypass;
including an evaluation of the anticipated quality and effect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming
aware of an unanticipated bypass.
9. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information
shall be provided orally within 24 hours from the time the permittee became aware of
the circumstances. A written submission shall also be provided within 5 days of the
time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence
of the noncompliance [40 CFR 122.41(1)(6)].
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Permit No. NCS000106
b. The Director may waive the written report on a case -by -case basis for reports under
this section if the oral report has been received within 24 hours.
C. Occurrences outside normal business hours may also be reported to the Division's
Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-
3300.
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24-hour
reporting at the time monitoring reports are submitted [40 CFR 122.41(1)(7)].
11. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit
application or submitted incorrect information in a permit application or in any report to
the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)].
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Permit No. NCS000106
PART IV DEFINITIONS
1. Act
See Clean Water Act.
2. Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel,
such as local flooding, high winds, or electrical storms, or situations that otherwise make
sampling impractical. When adverse weather conditions prevent the collection of samples
during the sample period, the permittee must take a substitute sample or perform a visual
assessment during the next qualifying storm event. Documentation of an adverse event
(with date, time and written narrative) and the rationale must be included with SWPPP
records. Adverse weather does not exempt the permittee from having to file a monitoring
report in accordance with the sampling schedule. Adverse events and failures to monitor
must also be explained and reported on the relevant DMR.
3. Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. However, non-stormwater discharges which
shall be allowed in the stormwater conveyance system include:
a. All other discharges that are authorized by a non-stormwater NPDES permit.
b. Uncontaminated groundwater, foundation drains, air -conditioner condensate without
added chemicals, springs, discharges of uncontaminated potable water, waterline and
fire hydrant flushings, water from footing drains, flows from riparian habitats and
wetlands.
C. Discharges resulting from fire -fighting or fire -fighting training, or emergency shower
or eye wash as a result of use in the event of an emergency.
4. Best Management Practices (BMPsl
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: hUp://www.el2a.gov/npdes/national-menu-best-management-
p ra ctices-bm ps-sto rmwate r# edu.
5. 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.
6. Bulk Storage of Liquid Products
Liquid raw materials, intermediate products, manufactured products, waste materials, or
by-products with a single above ground storage container having a capacity of greater than
660 gallons or with multiple above ground storage containers having a total combined
storage capacity of greater than 1,320 gallons.
7. Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit
upon issuance and lists the facility name, location, receiving stream, river basin, effective
date of coverage under any General Permit and is signed by the Director.
8. Clean Water Act
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Permit No. NCS000106
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
9. Division or DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality.
10. Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing
authority.
11. EMC
The North Carolina Environmental Management Commission.
12. Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed
(quantitatively or qualitatively) must be taken within the first 30 minutes of discharge.
13. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean
Water Act.
14. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which
is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste
long-term storage facility or a surface storage facility.
15. Measurable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The
previous measurable storm event must have been at least 72 hours prior. The 72-hour
storm interval may not apply if the permittee is able to document that a shorter interval is
representative for local storm events during the sampling period and obtains approval from
the local DEMLR Regional Office. Two copies of this information and a written request
letter shall be sent to the local DEMLR Regional Office. After authorization by the DEMLR
Regional Office, a written approval letter must be kept on site in the permittee's SWPPP.
16. Municipal Separate Storm Sewer System (MS4)
A stormwater collection system within an incorporated area of local self-government such
as a city or town.
17. No Exposure
A condition of no exposure means that all industrial materials and activities are protected
by a storm -resistant shelter or acceptable storage containers to prevent exposure to rain,
snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to,
material handling equipment or activities, industrial machinery, raw materials,
intermediate products, by-products, final products, or waste products [40 CFR 122.26
(b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES Stormwater Permitting
requirements only if a facility complies with the terms and conditions described in 40 CFR
§122.26(g).
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Permit No. NCS000106
18. 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 a General Permit.
19. Permit Issuing Authority
The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above).
20. Permittee
The owner or operator issued this permit.
21. 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.
22. Reuresentative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is
representative of the discharges at multiple outfalls, the Division may grant representative outfall
status. Representative outfall status allows the permittee to perform analytical monitoring at a
reduced number of outfalls.
23. Secondary Containment
Spill containment for the contents of the single largest tank within the containment
structure plus sufficient freeboard to contain the 25-year, 24-hour storm event.
24. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency
Planning and Community Right -to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313
reporting requirements; and
C. Meets at least one of the following criteria:
i. Is listed in appendix D of 40 CFR part 122 on Table 11 (organic priority
pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain
toxic pollutants and hazardous substances);
ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA
at 40 CFR 116.4; or
iii. Is a pollutant for which EPA has published acute or chronic water quality
criteria.
25. Severe Property Damage
Substantial physical damage to property, damage to the control facilities which causes them
to become inoperable, or substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. Severe property damage does
not mean economic loss caused by delays in production.
26. 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
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Permit No. NCS000106
SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have
the potential to be released with stormwater discharges.
27. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of
reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40
CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4).
28. Stormwater Control Measure
A permanent structural device that is designed, constructed, and maintained to remove
pollutants from stormwater runoff by promoting settling or filtration or mimic the natural
hydrologic cycle by promoting infiltration, evapo-transpiration, post -filtration discharge,
reuse of stormwater, or a combination thereof.
29. 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 stormwater Flows directly or indirectly into waters
of the State of North Carolina.
30. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
31. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater
and which is directly related to manufacturing, processing or raw material storage areas at
an industrial site. Facilities considered to be engaged in "industrial activities" include those
activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from
facilities or activities excluded from the NPDES program.
32. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce
stormwater pollution and is based on an evaluation of the pollution potential of the site.
33. Total Maximum Dailv Load (TMDL
TMDLs are written plans for attaining and maintaining water quality standards, in all
seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of
North Carolina can be found at https:I/deg.nc.gov/about/divisions/water-
resources /121anning/modeling-assessment/ttmdls/draft-and-approved-tmdls.
34. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
35. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning
operations, or airport deicing operations. This definition includes equipment maintenance
activity that uses hydraulic oil and that is stored or used outside, or otherwise exposed to
stormwater.
Page 28 of 29
Permit No. NCS000106
36. 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.
37. 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.
Page 29 of 29
6'�"4 3112)14
Om
KAPSTONE
December 12, 2013
Stormwater Permitting Program
Individual Permit Renewal
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
KAPSTONE
KRAFT PAPER CORPORATION
A Division of KAPSTONE PAPER AND PACKAGING CORPORATION
100 Gaston Road Roanoke Rapids, NC 27870
252.533.6000 fax:252.533.6401 KAPSTONEPAPER.conn
�c� gvgl
DEC 19 2013
DENR-WA1'iRQU - WOCN
WERANDSAND%1��
Re: Stormwater Discharge Permit Renewal- KapStone Kraft Paper Corporation, Roanoke
Rapids NC, NCS000106.
Mr. Bradley Bennett;
Kapstone Kraft Paper Corporation in Roanoke Rapids, NC is requesting renewal of their
NPDES stormwater permit NCS 000106. Enclosed you will find three copies of the
Renewal Application and the Supplemental Information that was requested for renewal.
If there are any questions or concerns. I can be reached by phone at 252-533-6295.
Sincerely,
Ne 1 R. Davis
Environmental Engineer
KapStone Kraft Paper Corporation
Roanoke Rapids, NC
Enclosures
110� vV4
DEC191W
rRcn
VERMDS PW STORjeg
!.Z KAPSTONE
KapStone Kraft Paper Corporation
100 Gaston Road
Roanoke Rapids, NC 27870
40
NPDES Stormwater Permit Coverage Renewal Request
Roanoke Rapids Mill
Permit Number
NCS000106
Halifax County
117
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KAPSTONE KRAFT PAPER CORP.
100 GASTON ROAD, ROANOKE RAPIDS, NC
STORMWATER PERMIT NCS 000106
OUTFALL: TENT
BENCH MARK
DATE COLLECTED
— --- -
-
TOTAL FLOW
MG --- -
120
COD
- -- /-I -
mg/I
100
TSS
-
mg/I
2
TOTAL PHOSPHORUS
— --
mg/1
0.03 6-9 30
TOTAL LEAD Ph OIL & GREASE
- --- - I- - - ---- --
mg/I Standard mg/I
2009
9/22/2009
0.138
13
31
0.064
< 0.010
6.25
< 5
2010
7/10/2010
0.062
28
23
0.093
< 0.010
7
< 5
10/25/2010
0.173
24
15
0.076
< 0.010
6.9
< 5
2011
5/23/2011
0.086
57
19
0.037
< 0.010
6.9
< 5
9/21/2011
0.0498
< 15
5
0.04
< 0.010
7.3
< 5
2012
5/30/2012
0.909
94
100
0.894
< 0.010
6.5
< 5
11/27/2012
0.104
23
15
0.156
< 0.010
6.7
< 5
2013
6/17/2013
0.0589
30
15
< 0.020
< 0.010
6.9
< 5
11/7/2013
0.665
19
36
0.052
< 0.010
7.4
< 5
KAPSTO"AFT PAPER CORP.
100 GA ROAD, ROANOKE RAPIDS, NC
STORMWATER PERMIT NCS 000106
SUMMARY OF VISUAL OBSERVATIONS
DATE
COLOR
ODOR
CLARITY
FLOATING SOLIDS
SUSPENDED SOLIDS
FOAM
OIL SHEEN
TENT
9/22/2009
LITE TAN
NONE
TURBID
LEAVES
CLEAR
NONE
NONE
STOREROOM
1
TAN
NONE
TURBID
LEAVES
CLEAR
NONE
NONE
7/10/2010
1
TENT
LITE TAN
NONE
VERY GOOD
LEAVES
NONE
NO
NO
STOREROOM
NO
NO
NO
NO
NO
NO
NO
10/25/2010
TENT
LITE BROWN
NONE
GOOD
FEW LEAVES
FEW BLACK FLECS
NO
NO
STOREROOM
LITE GRAY
NONE
GOOD
I NONE
SLIGHTLYTURBID
NO
NO
EROSION CONTROL DEVICES PUT IN PLACE DECEMBER 2010
5/23/2011
TENT
VERY LITE TAN
NONE
CLEAR
FLOWER PETALS
SMALL SPECS LEAVES
NO
NO
STOREROOM
LITE GRAY
NONE
GOOD
FEW TWIGS AN LEAVES
FINE DUST
NO
NO
MAY 16 - 19 REPLACED CHECK DAMS AND RAKED OUT 57 STONE
9/21/2011
TENT
LITE TAN
NONE
OPAQUE
SPARSE LEAVES
PARTICLE SPECS
NO
NO
STOREROOM
TAN
NONE
MUDDY
NONE
YES SILT
NO
NO
April 23 2012
Performed maintenance on Stormwater BMP Removed 57 stone and replaced around drains and discharge
May 14, 2012 Facility Stormwatert Inspection
4/30/2012
TENT
LITE TAN
NONE
OPAQUE PIECES OF LEAVES
YES
NO
NO
STOREROOM
NONE
NONE
LITTLE COLOR NONE
NONE
NO
NO
AUG. 25, 2012
(MILL FLOODED 11.5INCH RAIN IN ABOUT4.5 HOURS. PHOTOS
OCTOBER 1, 2012 REPLACED EROSION CONTROL DEVICES REMOVED FROM FLOOD
11/27/2012
TENT
LITE TAN
NONE
OPAQUE
LEAVES
SMALL PARTICLES
NO
NO
STOREROOM
LITE GRAY
NONE
OPAQUE
LEAVES
LIGHT
NO
NO
March 28,2012
Stormwater Inspection Replaced Rip Rap in Ditches and 57 stone around drains in Trailer Yard, Scale House and Storeroom
6/17/2013
TENT
LIGHTTAN NONE
OPAQUE
NONE VISIBLE
SOME NO
NO
STOREROOM
CLEAR NONE
LITE SCUM
NONE VISIBLE
NONE VISIBLE NO
NO
7/18/2013
PAINTED AND REPAINTED DRIANS TO STORMWATER BLUE, SUMMER CALL BOARD
0 Preventive Maintenance and Good Housekeeping Program
The KapStone Kraft Paper Corporation facility (KapStone) is located at 100 Gaston Road,
Roanoke Rapids, North Carolina approximately 1 mile west of Interstate 95. Approximate
facility coordinates are 36-28-30 N and 77-38-30 W. The site is located directly along the
Roanoke River and functions under NPDES Stormwater Permit NCS000106. KapStone
produces bulk rolls of unbleached paper from pine round wood and purchased chips.
The mill is adjacent to, and generally drains to the Roanoke River through three major sub -
basins.
The largest sub -basin contains about 155.8 acres, and includes: the pulp mill, paper
mill, the wood yard, supporting facilities, and the north portion of a gravel trailer yard.
The entire sub -basin drains to the mill's wastewater treatment facility. Petroleum
products and chemicals are stored in this area. Petroleum products on site include tall
oil, diesel fuel, #6 fuel oil, hydraulic oil, and lubricants. Chemicals include, but are
not limited to, sulfuric acid, caustic, defoamers, and sodium hypochlorite. Storage
tanks are surrounded by containment.
2. An area of appproximately 0.97 acres known as the "Storeroom" Sub -Basin located
north of the storeroom drains directly into the Roanoke River. There are no
manufacturing processes in this area. Best Management Practice activities in
December 2010, installed block and gravel at this discharge to the river.
3. The third sub -basin drainage area consists of the mill's employee parking, main office,
maintenance shop, shipping building, the south gravel trailer yard and truck scales.
This area contains about 12.75 acres and drains generally south to a series of
stormwater conveyance pipes and ditches and is known as the "Tent" Sub -Basin.
Run-off from this system was untreated until December 2010, when the Tent Sub -
Basin received additional Best Management Practices. These were submitted and
approved by the state and include block and gravel at two inlets, and check dams and
silt fences along the open ditches. This discharge area combines with a larger
stormwater drainage area of approximately 770 acres from the City of Roanoke
Rapids.
Based on observations, the areas within the Tent Sub -Basin that would be most likely
to contribute to any water quality issues would be the south gravel trailer yard and the
roads running through and around the basin.
Loading and Unloading Activities
Oil and chemicals are located in storage tanks within the mill. A map of their locations is
contained within the Stormwater Plan and the Emergency Action Plan. The chemical tanks
are filled from rail -cars or tractor -trailers. The unloading points are on concrete pads that
drain to our process sewer in case of any spills. All chemical tanks are on concrete pads that
drain to the process sewer or within concrete containment areas. These containment areas
have locked valves that also drain to the process sewer. They are inspected once a week and
after a rain event. Records of these inspections are kept in the Containment Log and are part
® of the Spill Prevention Control and Countermeasure Plan. An electronic copy of the log
location: S: drive\Groups\EOHS\EOHS\2013 Containment Log SPCC & Stormwater
Tote bins of chemicals are stored at the Paper mill Spra White slab. Empty tote bins are also
stored on the cement slab West side of the Paper mill, directly south of the Spra White slab.
All of these locations drain to the wastewater treatment plant.
Outdoor Process Areas
Logs, Bark, Chips, and Sawdust are brought into the mill through the Scale house and stored
on the mill site and transported around the mill pneumatically or on conveyor belts. Logs are
debarked in the debarking drum and cut into chips. The chips are transported to the Pulp Mill
or Chip Storage by conveyor belts to be processed. The sawdust is burned in the boiler. Log
and chip holding areas have drains and ditches around them that carry any run-off to the
Stormwater Holding Pond, which is then pumped to the emergency pond and later returned to
the head of the wastewater plant.
Dust Control Process
A large portion of the Tent Sub -Basin is gravel and dust is controlled by spraying the roads
with river water. The Environmental Programs Department hires a contractor to provide this
service. During dry weather, the roads are sprayed three days a week.
A Spill Prevention Control and Countermeasure Plan is contained in the Emergency Action
® Plan. It contains procedural and contact information in case of spills and what response is
recommended. These can be found in the Emergency Management System on the mills
intranet and the EHS trailer.
On Site Vehicle Maintenance Monitoring
Vehicle maintenance is performed on site in what is known as the Truck shop and the
Woodyard Maintenance shop. These areas are enclosed from the weather. Spills are cleaned
up with sawdust. Drains in the buildings go to the process sewer. Waste oil is collected in
drums that are hauled away by a contractor.
General spills from the vehicles and heavy equipment in the mill are cleaned up with sawdust.
The sawdust is then burned in the boiler.
Waste Disposal Practices
The mill has a lined landfill that is permitted for primary clarifier residuals, flyash, and lime
mud. This landfill has two of four phases complete with a footprint of 25 acres. The two
additional phases will be constructed when the current cells near capacity. Leachate from the
landfill is gravity fed to the Aeration Basin of the wastewater treatment facility.
All trash is put into dumpsters located throughout the mill and hauled away by a Contractor.
E
Best Management Plan
In July of 2010, a Stormwater Best Management Plan was submitted to the North Carolina
Division of Water Quality. The Study was conducted by Eco Engineering a Division of John
McAdams Company, Durham, NC. Approval from the NCDENR was received on August
26, 2010.
A copy of the manual as submitted is maintained in Neal Davis' EHS Office.
Erosion Control devices were installed December of 2010
Stormwater Erosion Control Devices Installed
• Check Dams were put in the large ditches surrounding the Scale House.
• A 6-inch layer of 57-stone was placed around the parameter of the ditches. The stone
is cleaned and/or replaced as needed.
• Grass was allowed to grow lining the ditches.
• Erosion Control measures were constructed in the Trailer Yard.
o The existing drain was raised 16 inches using concrete block. The block was
surrounded with 57-stone. The stone is cleaned and/or replaced as needed.
o A chain was also installed to keep vehicles out of the area.
• • A check dam of Railroad blast was installed at the Storeroom discharge along with 57-
stone for better filtration. The stone is cleaned and/or replaced as needed.
Environmental Awareness Training is conducted annually for each employee of KapStone
Kraft Paper Corporation, Roanoke Rapids.. A signed copy of the Check for Understanding is
kept on file in the EHS trailer. The Environmental training slides are in a tab in the
Stormwater Plan.
KapStone Roanoke Rapids has a Hazardous Materials Team that receives 32 hours of training
annually. Eight hours are Technician Level Training.
As part of the mill's Spill Prevention Control and Countermeasure Plan and the Facility
Response Plan, two boats are maintained on -site with outboard motors and 1,000 feet of
boom.
In Case of Spill:
Mill Personnel are trained to immediately attempt to stop or control the source of a spill. The
mill's Emergency Response Team will take measures to contain and clean up any spilled
materials utilizing the adsorbent materials stored in the hazmat truck. Since bulk storage
containers are located outside, particular attention is paid to protecting the drainage pathways
in the direction of the spill. Use of material to dike, dam or divert the spill may also be used if
necessary to prevent the spill from entering the storm drain. Incident and response activities
are documented.
All but 13.7 acres of the Roanoke Rapids Mill Facility drains to the mill's Wastewater
Treatment Plant. The mill has also deployed erosion control devices in the 13.7 acres that
could be exposed to stormwater.
115
KAPSTONE
KAPSTONE
KRAFT PAPER CORPORATION
® A Division of KAPSTONE PAPER AND PACKAGING CORPORATION
100 Gaston Road Roanoke Rapids, NC 27070
kapsfonepaper.com
To Whom It May Concern;
Kapstone Kraft Paper Corporation has not made any significant changes in the industrial activities
at the Roanoke Rapids facility. The only exposure to stormwater runoff is the 12.5 acres listed in
the permit. Any other areas of the mill that are exposed to stormwater are piped to our Wastewater
Treatment Plant. Permit Number NC0000752.
® Sincerely,
Nea Davis
Environmental Engineer
Kapstone Kraft Paper Corporation
11
Permit Coverage Permit Number
Renewal Application Form NCS000106
National Pollutant Discharge Elimination System
Stormwater Discharge Permit
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
Owner / Organization Name:
Owner Contact:
Mailing Address:
Phone Number:
Fax Number:
E-mail address:
° Reissued Permit will he mailed to the owner address
Kapstone Kraft Paper Corporation
Anitra Collins
100 Gaston Rd
Roanoke Rapid, NC 27870
Facility/Permit Contact Information
Facility Name: Roanoke Rapids Mill
Facility Physical Address: 100 Gaston Rd
Facility Contact:
Mailing Address:
Phone Number:
Fax Number:
E-mail address:
0
Discharge Infori
Receiving Stream
Stream Class:
Basin:
Sub -Basin:
Number of Outfalls:
Roanoke Rapids, NC 27870
ROANOKE RIVER
WS-IV
Roanoke River Basin'
03-02-08
Wilbur G. Kessinger, Jr.
252-533-6000
bill.kessinger@kalpstonevalper.com
Neal R. Davis
100 Gaston Road
Roanoke Rapids, NC 27870
252-533-6295
neal.davisgkapstonepaper.com
Impaired Waters/TMDL
Does this facility discharge to waters listed as impaired or waters with a finalized TMDL7 i] Yes ❑ No ® Don't Know
( for information on these waters refer to http://h2o.enrstate.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
/N •6` Date
VCe: /✓l/// 0,ppra
Title
Stormwater Permitting Program
Please return this completed renewal application form Individual Permit Renewal
and other required supplemental information to: 1612 Mail Service Center
Raleigh, North Carolina 27699-1612
STORMWATER POLLUTION PREVENTION PLAN
DEVELOPMENT AND IMPLEMENTATION
CERTIFICATION
North Carolina Division of Energy, Mineral, and Land Resources - Stormwater Permitting
Facility Name:
Roanoke Rapids Mill
Permit Number:
NCS000106
Location Address:
100 Gaston Rd
Roanoke Rapids, NC 27870
County:
Halifax
"I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and
implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather
and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate and
complete."
And
"1 certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been hilly implemented at
this facility location in accordance with the terms and conditions of the stormwater.discharge permit"
Ond
"I am aware that there are significant penalties for falsifying information, including the possibility of flues and imprisonment for knowing
violations.'
Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND
STORMWATER POLLUTION PREVENTION PLAN WITH THIS CERTIFICATION.
Signature Date �p 13 /
G✓�/buy K6- se11ge.-, G V!� 7r>u5/a u>< of �,/l 99c�rf _
Print or type name of person signing above Title
® SPPP Certification 10/13
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:
(Do not submit the site Stormwater Pollution Prevention Plan)
Initials
NRD 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.
NRD 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
NRD 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.
NRD 4. A summary of the Best Management Practices utilized at the permitted facility. Summary
l® 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.
rrnn 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.
NRD 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)
l4D
WestRock
September 24, 2019
Ms. Lauren Garcia
100 Gaston Road
Roanoke Rapids, NC 27870
office: 252.533.6295
neal.davisQa westrock.com
RECEIVED
SEP 2 7 2019
DEMLR Stormwater Division
Division of Energy, Mineral and Land Resources DENR•LAND QUALITY
512 North Salisbury St. STORMWATER PERMITTING
1612 Mail Service Center
Raleigh, NC 27699-1612
Subject: KapStone Kraft Paper Corp. / WestRock Kraft Paper LLC
Stormwater Permit NCS000106
Dear Ms. Garcia;
Please note below, comments from KapStone Kraft Paper Corporation/WestRock Kraft Paper, LLC
on the Draft Stormwater Permit dated August 27, 2019, Permit No. NCS000106.
In November of 2018, WestRock acquired KapStone Kraft Paper Corporation. WestRock is
in the process of converting KapStone Kraft Paper Corporation from a corporation to a
Limited Liability Company (LLC) and changing the name of the entity to WestRock Kraft
Paper, LLC. The electronic form from the edos.deq.nc.gov website will be submitted for'
the storm water permit ownership change. Please change KapStone Kraft Paper
Corporation on the title page of the permit to WestRock Kraft Paper, LLC.
Enclosed is a letter from Thomas M. Sigers, Executive Vice President, WestRock, which
delegates authority for environmental matters for the Roanoke Rapids mill to Ben White,
General Manager (Formerly Mill Manager under KapStone).
Page 8 of 29 Footnote 3: We have an email from Ken Pickle dated June 11, 2009, granting
ROS status to a stormwater outfall on the siie which is behind our storeroom. A copy of the
email is enclosed with this letter.
Page 10 of 29: This is a stipulation about Impaired Waters. In the old permit, page 8 of 11,
it is stated that the reason for Roanoke River impaired waters is a mercury Fish Advisory.
In the new permit it declares that "This site discharges to impaired waters experiencing
problems with turbidity, fluoride, nickel, fecal coliform, arsenic, water temperature,
chloride, copper, pH, fish tissue mercury, lead, dissolved oxygen, cadmium, iron and zinc.
WestRock takes issue with this.
At the ncdenr.maps website that you referenced in your September 20, 2019, email,
"Impaired" is not mentioned. The Roanoke River, downstream of the Roanoke River Dam,
is classified Gray and states: "There are only data inclusive assessments or at least one
pathogen assessment is data inconclusive (except for Mercury in Fish Tissue). The website
map shows that the Roanoke River continues Gray all the way to the Albermarie Sound.
WestRock objects to labeling the Roanoke River as impaired in the permit for all these
parameters when the official NCDENR website does not. Please only note mercury in this
stipulation, which is consistent with the old permit as well as State and EPA determinations.
If there are any question or concerns please contact Neal Davis at neal.davis(c�westrock.com or
252-533-6295
Sincerely,
Benjamin P. White, General Manager
WestRock Kraft Paper LLC
100 Gaston Road
Roanoke Rapids, NC 27850
Enclosure
Copies: Neal Davis
Danny Smith (RRO)
4� WestRock
DELEGATION OF AUTHORITY FOR ENVIRONMENTAL MATTERS
CONTAINERBOARD MILLS
As Executive Vice President of Contalnerboard Mills, I hereby ratify and confirm the authority
of each General Manager (GM) and Designated Representative (DR) listed below to act as
the responsible official and/or the duly authorized representative for the purpose of overseeing
environmental compliance matters at the facility(ies) he manages (Covered Facilities). This
Delegation of Authority Includes, without limitation, the authority to execute and submit all
environmental applications, certifications and reports required by the Covered Facilities, as
well as the authority to act with respect to facilities in the U.S. as the 'responsible official' as
that term is defined at 40 C.F.R. § 70.2 and corresponding U.S. federal, state and local agency
regulations.
To the extent allowed by applicable law, the GM or DR may re -delegate this authority, in
writing, to any appropriately trained facility manager for the specific purpose of executing any
monthly discharge monitoring or similar wastewater report that may be required under a
National Pollutant Discharge Elimination System (NPDES) or comparable state or local
wastewater discharge permit.
This Delegation of Autt ertt"will remain in effect until revoked or superseded.
t:� e�_�
Thomas M. Sti!
Executive Vice
WestRock
Containerboard Mills
Effective Date: September 9, 2019
COVERED FACILITY
STATE
GENERAL MANAGER
COVERED FACILITY
STATE
GENERAL MANAGER
Cowpens
SC
Steve Leahy
No Charleston
SC
John McCarthy
Dublin
GA
Brian Kinsey
Panama City
FL
Brett Tremblay
Fernandina Beach
FL
Dan Rowland
Pointe-aux-Trembles
QC
Karyne Trudeau
Florence
SC
Devin Nix
Roanoke Rapids
NC
Ben White
Hodge
LA
Eric Taylor
Solvay
NY
Peter Tantalo.jl.
opewell
VA
James Osborne
Stevenson
AL
Darrell Daubert
Jacksonville (Seminole)
FL
Tom Crockett
Tacoma
WA
John Brandt
La Tuque
QC
Pierre Pacarar
West Point Mill
VA
Chris Broome
Longview
WA
Steve Devlin
CLOSED MILLS
Nina Butler
Lynchburg
VA
Mark Murphy
From: Pickle, Ken [ken.pickle®ncdenr.gov]Sent: Thursday, June 11, 2009 4:36 PM
To: Ransmeier, MARY
Cc: myrl.nisely®ncmail.net; Davis, Neal; Bennett, Bradley; Lowther, Brian
Subject: RE: KapStone Kraft NCS000106
Dear Ms. Ransmeier,
Thanks for being available on such short notice for our unscheduled visit. It really helps the permitters when
we can see the site conditions. Based on your note, we are in agreement as to the Storeroom Outfall and as to the
sample point for the Tent Outfall. I've re -stated below your points just to confirm our agreement on them; please
contact us if I have missed any minor point.
I have relayed our conversation and my observations at Kapstone to your permit writer, Brian Lowther, and to
our supervisor, Bradley Bennett. Please take this note as written confirmation of certain comments I made while on
your site. Specifically, as to your current coverage under the expired individual permit, NCS000106, you are authorized
for Representative Outfall Status from this time forward. DWQ will consider the Tent Outfall representative of the
stormwater discharges from both the Tent Outfall and the Storeroom Outfall, until and unless significant changes in on -
site activities suggest that the Representative Outfall Status is no longer appropriate. Scheduled analytical samples
need only be taken for the Tent Outfall. Visual monitoring is to be continued at both outfalls. Further, we are in
agreement with the relocation of the sample point for flows from the Tent Outfall to a location further downstream
than previously located. As you note and as we discussed, the new location will be close to, but still upstream of the
junction with the large flows from off site, i.e. the city stormwater flows.
iAs to provisions in the pending renewed permit, we intend that the Representative Outfall Status will continue
for the Tent Outfall, and we will so note in the transmittal letter that will accompany the renewed permit.
Administratively it has been our practice to address the granting of Representative Oufall Status by separate letter
outside of the permit text, and we propose to continue that practice if you do not object. Similarly, on large and
complicated sites we typically do not direct the exact location of stormwater sampling, unless we see a need to. We are
in agreement with the current proposed location further downstream, and are agreeable for that location to be
continued under the renewed permit. Please contact us for concurrence if you subsequently judge that another location
might be more representative of the stormwater flows from your site.
Ken Pickle
DWQ Stormwater Permitting Unit