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HomeMy WebLinkAboutNCS000302_APPLICATION_20081202----STORMWATER-DIVISION-CODING-SHEET PERMIT NO. N Cs�o3 v�. DOC TYPE ❑ FINAL PERMIT ❑ MONITORING INFO 1!� APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ a-n-I 0-40�L- YYYYM M DD Michael F. Easley, Governor CO y William G. Ross Jr., Secretary > r North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality December 2, 2008 Ronald Scott Braswell Braswell Milling Company 105 Cross Street Nashville, NC 27856 Subject: Draft NPDES Stormwater Permit Permit No. NCS000302 Braswell Milling Company Nash County Dear Mr. Braswell: Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: 1. The analytical monitoring for Total Suspended Solids, Nitrogen and Phosphorus was maintained for the sampling requirements in this permit. Additional monitoring will include COD. Based on the lack of data and potential pollutants from this operation, all of the parameters for the original permit will be maintained in the renewal. COD will be included in the renewal permit because it could be a potential pollutant at a feed manufacture. 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 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. NorthCarolina ✓vaturrr!!J North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet, h2o.enr state,nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 807-6494 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycledll0% Post Consumer Paper rvlr. Btiswell Braswell Milling Comopany Permit No. NCS000302 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 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. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit changes 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. - Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact Brian Lowther at (919) 807-6368 or brian.lowther@ncmail.net Sincerely, Brian Lowther Environmental Engineer Stormwater Permitting Unit cc: Raleigh Regional Office Stormwater Permitting Unit Attachments: Draft Permit EmdoQammoM alp f6po mbd MONT DRIVE,.- 5=7085 BRASWELL MILLING COMPANY MR. DAVID BOLLOMAN P.O. BOX 669 NASHVILLE ,NC 27856 DHONE (252) 756-6208 FAX (252) 756-0633 ID#: 753 DATE COLLECTED: 11/17/11 DATE REPORTED : 11/25/11 REVIEWED BY: Stormwater Stormwater Analysis Method PARAMETERS W, Grab) 02, Grab) Date Analyst Code COD, mg/l 461 389 11/22/11 TRB HACH8000 Total Suspended Residue, mg/l 483 454 11/18/11 MEL SM2540D Total Kjeldahl Nitrogen as N,mg/l 6.26 4.43 11/21/11 ANO EPA351.2 Nitrate -Nitrite as N, mg/l 0.69 1.75 11/18/11 ANO EPA353.2 Total Phosphorus as P, mg/l 2.12 2.23 11/21/11 SEJ EPA365.4 Oil & Grease (HEW, mg/l 6.0 5.3 11/18/11 SEd EPA1664A Total Nitrogen, mg/l 6.95 • 6.18 - �. o�0F \N ATF9oG Michael F. Easley, Governor William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources O T Coleen H. Sullins, Director Division of Water Qualnc October 29, 2008 Individual NPDES Stormwater Permit Renewal Transmittal Cover Page To: Raleigh Regional Office Subject: NPDES Stormwater Permit No. NCS000302 Braswell bPff'ng Company m Nashville, NC (Nash County) ''�' n s Attachment Description ® Staff Report ® Draft Permit ® Renewal Application Please sign Staff Report and provide comments. UD DEC 0 2 2008 Df_NR ' 6 T : § JA 6. QUALITY - . "tc�'^.iwater Branch Return to Brian Lowther at the Central Office by November 29, 2008. Brian Lowther Division of Water Quality Stormwater Permitting Unit Post -Construction Application 1617 Mail Service Center Raleigh, NC 27699-1617 NonhCaroli Alatut-/1I4, North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6030 Customer Service Internet vccvw newateruualitv.orc Location: 512 N SalisburySt. Raleigh, NC 27604 Fax (919) 807-6494 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10 % Post Consumer Paper "fe-(, ax) J_O_o t&A � NCS000302 �O�OF CO O Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Coleco H. Sullins Director Division of Water Quality Facility Name: Braswell Mining Company. NPDES Permit Number: NCS000302 M I ( �' e Facility Location: Nashville, NC (Nash County) Type of Activity: Feed Manufacture SIC Code: 2048 Receiving Streams: See Figure 1 r River Basin: Yadkin Pamlcio River Basin, Sub -basin 03-03-02 Stream Classification: WS-IV; NSW n Proposed Permit Requirements: See attached draft permit. �@�OMR 'WWuJ D Monitoring Data: See Table I SEC 0 2 ZOOS Facility Location: See Figure 1 DENR WATER QUALI Response Requested by (Date): 11 /30/08 Wetlanes g n0ramnwater Branch Central Office Staff Contact: Brian Lowther, (919) 807-6368 Special Issues: Issue Rating Scale: 1 eas to 10 hard Compliance history 5 Benchmark exceedance 5 Location (TMDL, T&E 3 species, etc Other Challenges: 7 • Figuring out analytical monitoring results Difficulty Rating: 20/40 ,U EGEW.,li��ll 6MV 3 - 2008 _ 1 �!)ENR RALEIGH REGIC`',L OFFICE, Special Issues Explanation: • There seems to be a misinterpretation of the analytical requirements. Monitoring was done incorrectly and then after a site visit more monitoring was done than what the permits requires. While this data might be helpful, it still shaes a potential misinterpretation of the permit. There are high levels of TSS and outfall 2 was only monitored once. A new site map shows two outfalls. .5bVLdS- Description of Onsite Activities: • Feed manufacture, poultry and swine. Small feed mill. They store feed which includes ingredients and grain. Pagel of 8 NCS000302 Documents Reviewed: • SPU File • Central File 2004 Tar -Pamlico Basinwide Plan • 2008 draft 303(d) list • National Heritage Program's T&E database • EPA 2008 Sector -Specific permit, Sector "U Food and Kindred Products" History: • September 1, 2001: Permit issued: Analytical monitoring is total nitrogen, total phosphorous, TSS, total rainfall, Event duration and total flow. • December 29, 2005: Letter sent to remind permittee the permit is expiring • January 1, 2006: Permittee submitted renewal application • January 12, 2006: Compliance Evaluation • February 1, 2006: NOV letter for overall inadequacy of SP3 and SPRP and inadequacy of qualitative and quantitative discharge monitoring. • September 9, 2008: Sent reviewing application letter • October 8, 2008: Received email from applicant with site map and monitoring results ldC,ye,-nEe( 2-5120015 Cu,Tr l,�cn. e C✓a-/u«�,cn � r 2{(1 ZDDiS /V v"� 1554lct^i Y'�%,� CG:-c% L u �••:� / S(yMI)' ni , Ie c(4_ of pcjfi,-0/ne,jc- C-/Y(1to a 4...,n,/lq, a- It,sf o Sttjn,�,ccc�� S�,IIS �inLl 1 LfCIG vi 4J Page 2 of 8 NCS000302 NCS000302 W Scale 1:20,000 Figure l: Map of Facility Braswell Milling Company Lah W de: 350 58' 7" N Longibide: 770 58' 2" W County: Nash Rece ving Stream: UT W Sapmy Credo Stream (lass: WS-IV; NSW Sub -basin: 28-55-(5.5) (Tar -Pamlico River Bain) 10r+VR�� ARl s w.w•' mow' Facility Location Page 3 of 8 NCS000302 Central Office Review Summary: 1. Owner's Other Permits: No other permits. 2. General Observations: Hog & chicken feed & certified organic poultry feeds. The site produces feed from grain and feed additives using nutritional enhancement chemicals in the production process. Other chemicals are used on site for vehicle and equipment maintenance but do not qualify to monitor. An annual inspection of the site was done on January 12, 2006. A NOV was sent to the facility after the compliance evaluation. Their stormwater pollution prevention plan and stormwater management plan were both inadequate. Neither qualitative nor quantitative monitoring was being accomplished according to the permit. 3. Impairment: Sapony Creek is not listed on the 303(d) and not in the Tar -Pamlico Basinwide Plan. 4. Threatened and Endangered: There is one species that is state srotected that is within 2 miles based on the Natural Heritage Virtual Workroom. Strophitus undulates (Creeper) State T. No species are federally protected. 5. Location: All stormwater generated onsite is collected via a system of in ground drains that convey the stormwater to the Nashville municipal storm system, to an unnamed tributary of Sapony Creek, a class WS-IV, nutrient sensitive water. 6. Industrial Changes Since Previous Permit: There have been no significant changes in industrial activities since the application was filed. 7. AnalAical Monitoring Notes: Three samples were first submitted with the application for analytical monitoring from 2/28/05 to 12/5/06. The permit requires monitoring for total nitrogen, total phosphorous, TSS. The samples included BOD, COD, Total Suspended Residue (TSR) and P. Analytical monitoring for total nitrogen was not accomplished at all. After a NOV, more data was submitted. Two rainfall events at 2 outfalls. BOD and COD were not included and TKN, Nitrate + Nitrite, and Total Nitrogen were included. Total flow, precipitation, and duration were not given for any monitoring. There seems to be a misinterpretation of the analytical requirements. The EPA Multi -Sector General Permit for sector U1, Grain Mill Products, (SIC 2041-2048) shows analytical monitoring for TSS. Based on the lack of data and potential pollutants from this operation, all of the parameters for the original permit will be maintained in the renewal. COD will be included in the renewal permit because it could be a potential pollutant at a feed manufacture. 8. Qualitative Monitoring Notes: Visually inspections were done for color, odor, clarity, floating solids, suspended solids, foam, oil sheen, and obvious indicators of pollution but only when analytical monitoring occurred. A general summary was provided stating no indicators of stormwater pollution were observed. They then list reasons for limited opportunity of contamination. Page 4 of 8 NCS000302 Table 1: Analytical Monitoring Required Sampling Range Sample Date Total Flow (MGD) Precipitation (in) Duration (hours) I BOD I COD TSR P I TKN I Nitrate/Nitrite N Benchmark: 30 mg/L Benchmark: 120 mg/L Benchmark: 100 mg/L Benchmark: 2 mg/L Benchmark: 20 mg/L Benchmark: 10 mg/L Benchmark: 30 rag Outfall 1 09/1 /04 to 11/30/04 12/1/04to 2/28/05 2/28/2005 7.8 18 1'48 0.63 3/1/05 to 5/31/05 6/1/05to 8/31/05 6/29/2005 12 41 103 0.53 12/5/2005 16 i 46 �47t3� 0.55 3/21/2006 7.3 0.57 2.53 2.29 4.82 7/25/2006 �100) 0.39 1 3.94 1 4.36 1 3 2/13/20081 1 + t408't4T081M 5.12 1 1.08 6.2 Outfall 2 7/25/2006 1 0.76 1.91 3.76 5.67 - Over Current Benchmark Data Not Collected Page 5 of 8 NCS000302 Revised Permit Recommendations: Analytical Monitoring: 1. Maintain monitoring for TSS, N and P. Adding COD. 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 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part 1I 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-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part 11 Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part 11 Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part 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 NCS000302 Discussions with permittee: Russ Powell, 252-459-2143, Date Talked with Russ Powell and was forwarded to Kensey Murray. Left message 9/22/08. Talked with Kensey Murrar on 09/29/08. 1. General description of industrial activities? Feed manufacture, poultry and swine. Small feed mill. Store feed which includes ingredients and grain. 2. Have there been any changes since filing the application? Additional storage bins for ingredients. 3. What happened with the analytical monitoring/ qualitative monitoring? The analytical requirements were misunderstood and the new permit may need extra explaining. 4. How many outfalls do you have and where are they? 2 5. Do you have vehicle maintenance onsite? Yes, it is all under roof. 6. What is you SIC code? 2048 Email from David Holloman, davidhPbraswellfoods.com, of updated site map and current monitoring. Page 7 of 8 NCS000302 Recommendations: Based on the documents reviewed, the application information submitted on January 1, 2006 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) v Date to . Stotmwater Permitting Unit Supervis Date 0 %� per_ .f_o, dley Be nett Concurrence by Regional O ice Date Water Quality Supervisor /� ✓ �� ✓ Date c Regional Office Staff Comments This site could he under the general permit NCG06 that covers this industry. Should we keep this as antfindividual permit or cover it under the general one? Page 8 of 8 O�Or r r � � r C9oG Michael F. Easley, Governor h William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources J � Q Coleco H. Sullins, Director Division of Water Quality September 9, 2008 Russ Powell Braswell Milling Company PO Box 669 Nashville, North Carolina 27856 Subject: NPDES Permit Renewal Application Braswell Milling Company Permit Number NCS000302 Individual Stormwater Permit Nash County Dear Mr. Powell: The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000302 on January 1, 2006. We apologize for the lengthy delay in responding to your submittal and are now making every effort to review your permit renewal as expeditiously as possible. Our Unit anticipates making significant progress on individual permits over the next six months to reduce our backlog. We are currently beginning our review of your renewal application. Please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. As long as you have submitted a complete renewal request package and maintain compliance with those permit conditions, stormwater discharges from this facility are authorized by that permit until the Division issues a renewal permit or notifies you of an alternative action. No additional information is required at this time, but we may contact you in the future. Please notify us if any significant changes have taken place at this facility since you submitted the renewal package. If you have any questions about this matter, please contact me at (919) 807-6368. cc: Raleigh Regional Office -S tormwater'PerinittiugUnif Files Central Files North Carolina Division of Water Quality 1617 Mail Service Center Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Sincerely, Brian Lowther Environmental Engineer Stormwater Permitting Unit Raleigh, NC 27699-1617 Phone (919) 733-7015 Raleigh, NC 27604 FAX (919) 733-2496 tCaro me wra ly Customer Service 1-877-623-6748 J An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper NCS000302 rim lftf /� T Michael F. Easley, Governor �90 William G. Ross Jr., Secretary .^ G North Carolina Deparunent of Enviromnent and Natural Resources Coleen H. Sullms Director /w1vA --1 Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Braswell Milling Company. NPDES Permit Number: NCS000302 Facility Location: Nashiville, NC (Nash County) Type of Activity: Feed Manufacture SIC Code: 2048 Receiving Streams: See Figure 1 River Basin: Yadldtt Pamlcio River Basin, Sub -basin 03-03-02 Stream Classification: WS-IV; NSW Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table 1 Facility Location: See Figure 1 Response Requested by (Date): 11/30/08 Central Office Staff Contact: Brian Lowther, (919) 807-6368 Special Issues: N .Rating. 1 e'as` ;to 10 har`d Corn liance history 5 Benchmark exceedance 5 Location (TMDL, T&E 3 species, etc Other Challenges: 7 • Figuring out analytical monitoring results Difficulty Rating: 20/40 Special Issues Explanation: • There seems to be a misinterpretation of the analytical requirements. Monitoring was done incorrectly and then after a site visit more monitoring was done than what the permits requires. While this data might be helpful, it still sho%L a potential misinterpretation of the permit. There are high levels of TSS and outfall 2 was only monitored once. A new site map shows two outfalls. Description of Onsite Activities: • Feed manufacture, poultry and swine. Small feed mill. They store feed which includes ingredients and grain. Page 1 of 8 NCS000302 Documents Reviewed: • SPU File • Central File • 2004 Tar -Pamlico Basinwide Plan • 2008 draft 303(d) list • National Heritage Program's T&E database • EPA 2008 Sector -Specific permit, Sector "U Food and Kindred Products" History: • September 1, 2001: Permit issued: Analytical monitoring is total nitrogen, total phosphorous, TSS, total rainfall, Event duration and total flow. • December 29, 2005: Letter sent to remind perrnittee the permit is expiring • January 1, 2006: Permittee submitted renewal application • January 12, 2006: Compliance Evaluation • February 1, 2006: NOV letter for overall inadequacy of SP3 and SPRP and inadequacy of qualitative and quantitative discharge monitoring. • September 9, 2008: Sent reviewing application letter • October 8, 2008: Received email from applicant with site map and monitoring results Page 2 of 8 NCS000302 Figure 1: Map of Facility .\yd\ ;: i Q -„t t `'�\ ~jSOJ �i_'l'v��•//�//�{{ i`' -1'' �\ � — -'•'6M 179' '•.. a' �, .` /C"i�L/ �W� . \' ., iicti 1� � -._ %r 'c �. � r .' �d.•S a' y r^, s. _ .�.—�fS`) e`�^ f ..,im;,�, pd l ' ' ,'�._- 1 -r• R/4: >L>5r +Yr+ ,.y., f031{Y�Ef .�:,i` I"Th'w="'�'1 •� ih-T 1`� /� .if �T".��3-ys ,f _ 'Fiac" � '�.'A` /�'` n�•:I F7 15'v��i i�-�7 .,.} I' �� " \VSFsa V %, t•:/��H\'r�'_�•~'"$ry� �\. '� �� $E!%n \ c« 1'�iS ",•� I\I: n� i � :`�� I r•-, ••x!� � e. ° •J 'fie„ '�"'` ipl'r\� ;' 011 /' � Lll! ^ . ,.-:` .-, ell 3: e,• �--®� .p�. ^ S / ' ut rBraswell Mllllrig Company '. of"//'?�".�'.?'f: '1/ , •.�}f*`�'%�c'•� s�f ,�, 'i\ l.� 1' ` mn; �.���� � -� ,'tt�� _-/�, i,.,�°••,•r°�� J ti .a IIrY i / 'i �s� a/'/ v��i- •/%tl'�rt-`/�`��^"n,`y�,\1�:,: '---��:.:$ :i / 9 t..,• Qjom_•• ly �j! � .%'a'/.`�.t x'i+%�rP'' ry f��,u�". � 3"�'\.e p ,� �f`��':?+��1�:� \•„� �d• : j}}�! ,i�'• / o r:��l� �sl 1 Ewa T�1N (:ntrd 1."�/ ':4\2 ,! \ � • �F/' 151� / 1• /.��� it &' xFi �dp�,, (y. •1 •xS.,�': i' �� � 1^ z ^u fb��' �\'t\i,A' ,.r.::-"�/ ;. �-�' r •;:'r. ;f� �j° •.. t ` �. 'l`' \�,�.� yyyj %�ry�.Gr�tlj��'riY.S �''\•'�.tiff\.4'(�'S\� /'1n� 1 � iX \ /4 �Q E1.k1E� •.:/ Up' ___ /•i: /l:, \t4 •::; \,•,�..__� 9^ 3'�' .e. ��`��y„3...•- ! ''% Un1pi11ticn t*4 4]'yb•`\` • i � S' l i "�G_ ,.{sue �1\ "'\ lit ;5la +yJ�i��gl 3ii',) va: !n, t � � ' �/��✓�.:(�L.. � li � � �'/ i •.-+_ R - `: �v".p, �r� tot. '� �' •df „� ��, �1 \'1 �`: �e,<,if jet"�41La'a �' 1, ti.'-'�, t'r Y'gC°�'S^,'K.,ry \`+-_' :_ ,r' ie.'+ / \��, t = ,•: - ...� � P rr� yjy .',i;.rn.'k^'�'•'• 'y'fi.•j,L �Zhn`j1;--aW'' / • �.a i ,l\'\' 'N�M/l I ' ,I -_� A'rJ a` 5 ;..,,t,q,,+e"G Ja\ e•!"`-,' SN '�^(Ills} / • �\`/ "`_. � cA , ^L':.:L_"r._,�_^ it p �".���` � ;fix. ia,#r'f�: �`+ _ q �''1; � \-: {a',•'Tth^-ry,• �i`. V Fm= ,d \•.1� � ilk / j \ _ =��'.?.TAc�`-_`C� C a �\ "�l: r( � NCS000302 Braswell Milling Company Lab bide: 350 58' 7" N � Longitude: 770 59 2" W County: Nash / Recdvng Stream: UT to Sapcny Credo Stream dass: WS-IV; NSW S Sub -barn: 28-55-(5.5) (Tar-Pardico River Basin) M49Sca/e 1:20,000 Facility Location Page 3 of 8 NCS000302 Central Office Review Summary: 1. Owner's Other Permits: No other permits. 2. General Observations: Hog & chicken feed & certified organic poultry feeds. The site produces feed from grain and feed additives using nutritional enhancement chemicals in the production process. Other chemicals are used on site for vehicle and equipment maintenance but do not qualify to monitor. An annual inspection of the site was done on January 12, 2006. A NOV was sent to the facility after the compliance evaluation. Their stormwater pollution prevention plan and stormwater management plan were both inadequate. Neither qualitative nor quantitative monitoring was being accomplished according to the permit. 3. Impairment: Sapony Creek is not listed on the 303(d) and not in the Tar -Pamlico Basinwide Plan. 4. Threatened and Endangered: There is one species that is state srotected that is within 2 miles based on the Natural Heritage Virtual Workroom. Strophitus undulates (Creeper) State T. No species are federally protected. 5. Location: All stormwater generated onsite is collected via a system of in ground drains that convey the stormwater to the Nashville municipal storm system, to an unnamed tributary of Sapony Creek, a class WS-IV, nutrient sensitive water. 6. Industrial Changes Since Previous Permit: There have been no significant changes in industrial activities since the application was filed. 7. Analytical Monitoring Notes: Three samples were first submitted with the application for analytical monitoring from 2/28/05 to 12/5/06. The permit requires monitoring for total nitrogen, total phosphorous, TSS. The samples included BOD, COD, Total Suspended Residue (TSR) and P. Analytical monitoring for total nitrogen was not accomplished at all. After a NOV, more data was submitted. Two rainfall events at 2 outfalls. BOD and COD were not included and TKN, Nitrate + Nitrite, and Total Nitrogen were included. Total flow, precipitation, and duration were not given for any monitoring. There seems to be a misinterpretation of the analytical requirements. The EPA Multi -Sector General Permit for sector U1, Grain Mill Products, (SIC 2041-2048) shows analytical monitoring for TSS. Based on the lack of data and potential pollutants from this operation, all of the parameters for the original permit will be maintained in the renewal. COD will be included in the renewal permit because it could be a potential pollutant at a feed manufacture. 8. Qualitative Monitoring Notes: Visually inspections were done for color, odor, clarity, floating solids, suspended solids, foam, oil sheen, and obvious indicators of pollution but only when analytical monitoring occurred. A general summary was provided stating no indicators of stormwater pollution were observed. They then list reasons for limited opportunity of contamination. Page 4 of 8 NCS00O302 Table 1: Analytical Monitoring Required Sampling Range Sample Date Total Flow (MG D) precipitation (in) Duration (hours) BOD COD TSR p TKN Nitrate/Nitrite N Benchmark: 30 mg/L Benchmark: 120 mg/L Benchmark: 100 mg/L Benchmark: 2 mg/L Benchmark: 20 mg/L Benchmark: 10 mg/L Benchmark: 30 mg/L Outfall 1 09/1/04 to 11/30/04 1211 /04 to 2/28/05 2/28/2005 7.8 18 ' 8 ""'' 0.63 311/05 to 5/31105 611/05 to 8/31/O5 6/29/2005 12 41 _ _ 03 0.53 12/1 005 16 46 1, 3''"' 0.55 3/21/2006 7.3 1 0.57 2.53 2.29 4.82 7/25/2006 a 3188 3.94 4..3068 8.3 i 40 '01 5.12 12/13/2008 6.2 Outfall2 7/25/2006 SENM4 O.76 1.91 3.76 5.67 Over Current Benchmark Data Not Collected Page 5 of 8 NCS000302 Revised Permit Recommendations: Analytical Monitoring: 1. Maintain monitoring for TSS, N and P. Adding COD. 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 I guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier I and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 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-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. . 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part 11 Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Page 6 of 8 NCS000302 Discussions with permittee: Russ Powell, 252-459-2143, Date Talked with Russ Powell and was forwarded to Kensey Murray. Left message 9/22/08. Talked with Kensey Murrar on 09/29/08. 1. General description of industrial activities? Feed manufacture, poultry and swine. Small feed mill. Store feed which includes ingredients and grain. 2. Have there been any chahges since filing the application? Additional storage bins for ingredients. 3. What happened with the analytical monitoring/ qualitative monitoring? The analytical requirements were misunderstood and the new permit may need extra explaining. 4. How many outfalls do you have and where are they? 2 5. Do you have vehicle maintenance onsite? Yes, it is all under roof. 6. What is you SIC code? 2048 Email from David Holloman, davidh a,braswellfoods.com, of updated site map and current monitoring. Page 7 of 8 NCS000302 Recommendations: Based on the documents reviewed, the application information submitted on January 1, 2006 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) v Date t* 2+ a Stormwater Permitting Unit Supervis6t Date O 2o fora dley BeWhett Concurrence by Regional Office Water Quality Supervisor Regional Office Staff Comments This site could be under the general permit NCG06 that covers this industry. Should we keep this as and individual permit or cover it under the general one? �\ ~4. Np 8 DRAWN DATE: APRIL 2006 SITE MAP w. w ID— A T ,� NTT DP NC CHECK ��1■ 11J1IJJ L"111JL"'11� 11 SWELL MILLING COMPANY qy. JOB NO: OOOR1703,00 ASSOCIATES, INC. NA6HHLLE. NORTH CAROLINA ENGINEER CHECK GAD # 01-170301 Engineering Envimnmentai SOiufi0na APPRC�D DWG NO: 2.1 ar: REFERENCE: k-B--R��ASWELL FOODS _ Lill, 105 CROSS ST • PO BOX 669 • NASHVILLE, NC 27856 • (252) 459-2143 • FAX (252) 459-3855 February 24, 2006 Mr. Kenneth Schuster, P.E. -- Raleigh Regional Surface Water Quality Supervisor 1628 Mail Service Center, 3800 Barrett Drive F`�\l 2`ZQI1b �` Raleigh, North Carolina 27699-1628 �`�`, MPR I pFFF a� CE /t1 ��G10i', Dear Mr. Schuster: NRRp1F�G pE This letter is in response to the inspection by Mr. Ron Boone and Mr. Myrl Nisely concerning the compliance with our NPDES Stormwater Permit Number NCS000302. Although I had attempted to keep the permit updated, it is obvious that there were several things that were not being done correctly. I have gotten together most of the information that I need to update and correct our Stormwater Permit. I have installed new valves and locks on all the liquid containment drains. I have marked and upgraded our Spill Kit Cabinet. I have updated all maps with discharge points. I have documented all Training Sessions from my Safety Program for the past 12 months that has covered: 1. General Housekeeping 1/10105 2. Environmental Management 3/21/05 3. Emergency Action Plan 4/4/05 4. Hazard Communication 1/16/06 But as I try to arrange it in a plan booklet, I realize that I need additional help. I have called Mid Atlantic Associates, P.A. of Raleigh and talked to Wayne Randolph and he has aereed to help me with my plan and permit. Mr. Randolph said that the expected time frame to be within 30 days for site visit, then 1 week for draft plan and then 1 week for final plans. I thank you for your help and understanding and hope that I can solve this as soon as possible and maintain a correct plan and permit from this date on. Sincer�ly,� R. K. Murray Feed Mill Superi tendent I,,45c: Mr. Ron Boone, Environmental Technician Braswell Milling Co. • Braswell Egg Co. - Carolina Egg Co., Inc. - Glenwood Foods, LLC Natures's Finest Foods, Inc. - Carolina Egg Development Co. 7BP,AswELL W. CROSS ST • PO BOX 669 • NASHVILLE, NC 27856 • (252) 459-2143 • FAX (252) 459-3855 FOODS January 6, 2006 NCDENR 1617 Mail Service Center Raleigh, N. C. 27699-1617 Re: NPDES Stormwater Permit Renewal 1. Site Map Two copies of the Facility Site Map are included with this Renewal Application. 2. Analytical Monitoring Results Our Individual Permit requires sampling of the representative outfall associated with the Feed Mill for BOD, COD, Total Phosphorus, and TSS with cutoff concentrations for sampling analysis for semi-annual sampling. Although we perform some minor vehicle repair on site, we use less than 55 gallons of motor oil per month and are exempted from the vehicle maintenance activity monitoring requirements. Out Fall I was sampled on 2/28/05 and 6/29/05 and 12/05/05. The results of the analysis were: 2/28/05 BOD = 7.8 MG/L COD = 18 MG/L TSR = 148 MG/L Total Phosphorus = 0.63 MG/L 6/29/05 BOD = 12 MG/L COD = 41 MG/L TSR = 103 MG/L Total Phosphorus = 0.53 MG/L 12/5/05 BOD = 16 MG/L COD = 46 MG/L TSR = 173 MG/L Total Phosphorus = 0.55MG/L Sincerely, Kersey Murray, Supervisor Mill Maintenance Braswell Milling Co. - Braswell Egg Co. • Carolina Egg Co., Inc. • Glenwood Foods, LLC Natures's Finest Foods, Inc. - Carolina Egg Development Co. State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director December 29, 2005 BRASWELL MILLING COMPANY ATTN: RUSS POWELL, OR SUCCESSOR PO BOX 669 NASHVILLE, NC 27856 1� rlll� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal Braswell Milling Company Permit Number NCS000302 Nash County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000302. This permit expires on August 31, 2006. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by March 3, 2006 in order for the permit to be renewed by August 31, 2006. Failure to request renewal by March 3, 2006 may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid Stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater and General Permits Unit at (919) 733-5083, ext. 548. Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General"Permits Unif Files? R-alEigh Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 45 •TZ 4:ROSS STREETf�y�s C on c r e to Gutter (Typical) Guard Underground 10.000 gal Gasoline ToM ! Grain Tank Q n Grain I t0 Tank L Iq O 5 N o I G.T. Underground �C onve or W (,17 Electric Ttonsformer :1 II BoxOverh<a C �UQ G T. N O V 11''��1T7 jjII e / a c vt p Grain z —c Storage Dryer O 'o _ a o c Concrete a ❑ e Gas Pump Ingredie Bins, 448. 50 Water i Mete O H. Electric Line o Office Ramp Tele . O 1.51 AC. Liquid Tank Concrete •/Concrele Retaining Wall Diesel Pump Underground 10,000 Gal. Diesel Tank c O 1 Scale ON House i e Shop I Concrete_h o m o Fat Tank a o . J IShetle, Salt Tank y � e • , R.R. SwitcA NSA W OFilter • 'N 0 Conc L P. Tanks SPUR R AILROAO Manhole. W WM X O F E,14Ef;C��— _= . _.j;s r/61/41� 58.51E Y%ROBS STREET } �,.:- Concrete Gutter ',:i�+•: S 65`— 47'E - 448.50 Water ter O. H. Electric Line , IT YPical) Oy Tele. Ped. 0It. Elec. ; Guard .. Post F'e-1 e O _ R1 Underground l e l e _ Q 10,000 pal I ' O Gasoline Tardy 1.51 Ac. I i t O l t i c e GO GTank i j LiquidTank Canc ti N ((''�� w/Concrete Concrete Retmninp Wall Diesel Pump U: Concrete UndergroundShop Di0ese.00l Gal. (� -- . _ -_ Diesel Tart o � e , I y�l f1 1 L P Tanks a O' e Gas Pu-P u yyy111 f t ° RIG�ain ° /'1�� t w� to - rank II � scale , G J 0 House Fe�I c Concrctef� N' OO _ Mr I I o m Fat Tank 1 >. G.T. Under found Conve or Shelter J Salt Tank W O Electric Transformer a e Box O A H.M. o Q Filter 4 SPUR C. T 4 I Overhea Conveyor ' Y1 RAILROAD OO Ingredient g0 N _ Bins IJ g2 /I.�.I R a mP Grain —c Storage 0 Dryer c c slv a c N ✓✓✓ a ntaa er p ` ' Oshctt - Concrete // R.R. Switch �S \ ��/�/' 0 Manhole O W W MA\H / r"1� • W z-r to O aJ s c State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director October 4, 1999 RUSS POWELL BRASWELL MILLING COMPANY PO BOX 669 NASHVILLE, NC 27856 e �® NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESou RCES Subject: NPDES Stormwater Permit Renewal Braswell Milling Company Permit Number NCS000302 Nash County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000302. This permit expires on April 30, 2000. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your application for renewal of your permit. The application form must be completed and returned along with all requested information by November 10, 1999 in order to constitute a timely renewal filing. Recent legislation modified the fee structure for DWQ permits. Renewal fees have been eliminated and annual fees have been changed. The new annual fee for your permit is now $715.00 (you will be invoiced later this year for your annual fee.) A copy of the new fee schedule is enclosed in this package. Failure to request renewal by November 10, 1999 may result in a civil assessment of at least $250.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $10,000 per day. If you have any questions regarding the permit renewal procedures please contact Aisha Lau of the Stormwater and General Permits Unit at (919) 733-5083, ext. 578. Sincerely, b". n �U. ey ram,- _ Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Raleigh Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10 % post -consumer paper ii) Enwounofflooq Flo D000rpmud .O. BOX 7085, 114.OAKMONT GREENVILLE, N.C. 27835-7085_ BRASWELL MILLING COMPANY MR. RUSS POWELL P.O. BOX 669 NASHVILLE ,NC 27856 Stornawater Analysis Method PARAMETERS Discharge Date Analyst Code Total Suspended Residue, mg/I� 408 02/13/08 MRJ SM2540D Total Kjeldahl Nitrogen, rog/l &50 5.12 02/19/08 TWA EPA351.2 Nitrate -Nitrite, mg/l - 1.08 02/15/08 SSR EPA353.2 Total Phosphorus, mgll � 4.08 02/18/08 SSR EPA365.4 Total Nitrogen, mg/I'-' 6.20 02/19/08 SEJ FAX (252) 756-0633 ID#: 753 DATE COLLECTED: 02/13/08 DATE REPORTED : 02/20/08 REVIEWED BY: Laboratory Analyses — Environmental Consultants STORMWATER POLLUTION PREVENTION PLAN DEVELOPMENT AND IMPLEMENTATION CERTIFICATION N.C. Division of Water Quality, Storrrmvater and General Permits Unit Facility Name: BRASWELL MILLING COMPANY Permit Number: NCS000302 Location Address: 105 CROSS ST NASHVILLE, NC 27856 County: NASH "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" "I certify that the SPPP has been developed, signed and retained at the facility location and the SPPP has been fully implemented at the named facility location in accordance with the terms and conditions of the stormwaler general permit." "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations" Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND THE STORMWATER POLLUTION PREVENTION PLAN WITH THE CERTIFICATION. Signature ^-- "'� '`"�— Dale �r— Print or type name of person signing above Title r/c /< cle SPPPCemGcatiun 2/99 VISUAL MONITORING RESULTS C'UTFAI_L- I WAS VISUALLY INSPEC-FED DURING THE ANALYTICAL MONITORING EVENT FOR COLOR, ODOR, CLARITY, FLOATING SOLIDS, SUSPENDED SOLIDS, FOAM, OIL SHEEN, AND OBVIOUS INDICATORS OF' STORMWATER.POLLUTION. NO ABNORMAL COLOR, FOAM, OIL SHEEN, LR OTHER INDICATORS OF STORMWATER POLLUTION WERE OBSERVED. THE :DATER ALSO DID NOT APPEAR ABNORMALLY TURBID OR CLOUDY FOR RUNOFF ASSOCIATED WITH GRAVELL SURFACED TRUCK ACCESS AREAS. THEF.'E WERE ALSO NO SIGNIFICANT DUANTITIES OF' FLOATING MATERIALS OBSERVED AT THE OUTFALL. SINCE THE INITIAL ANALYTICAL SAMPLING EVENT, THE FACILITY MANAGER HAS CONTINUED TO 'JISUAI_L`f NONITOR RUNOFF FROM THE FACILITYi ,,-;..n OBVIOUS ,IONS OF STORMWATER F'CLLUTiON DURING F:AItJFALI_ E'JEtdFS. NO OBVIOUS STORMWATER POLLUTION HAS BEEN OBSERVED. IN I=ACT, THE FACTLITI' PRESENTS LITTLE OPPORTUNITY FOR STORMWATER i=OJ:a-AMINATIOI+J DUE TO THE FOLLOWING FACTORS: - THE FACILITY IS A SMALL FEED 11ILL. ONLY APPROXIMATELY 3.0 ACRES OF SUF.FA--E AREA IS ASSOCIATED WITH FEED MILL INDUSTkIAL ACTIVITY. - ALI_ F'ROCF_SSING EQUIPMENT IS LOCATED INSIDE FACILITY BUILDINGS. - ALL 'u,-=IN AND FEED MATERIALS ARE STORED IN CONTAINMENT BINS. ALL CONVEYORS AND TRANSFER POINTS ARE ENCLOSED. ALL GRAIN DUMP FITS ARE LOCATED UNDER SHELTERS. - ALL BULK LIQUID Tf:fJKS ARE LOCATED IN A SECONDARY CONTAINMENT STRUCIURE. WE fif.L LDC(ATED IN THE TOWN OF NASHVILL.E. GOMPA!:'Y MANAGEMENT MANDATES GOOD HOUSEKEEPING Will-i IMMEDIATE CLEANUP OF ANY SPILLED GRAIN OR FEED. BEST MANAGEMENT PRACTICES (BMPs) MATERIALS WITH COIJTAMINA-FED SURFACES AND ANY LEAKING EQUIPMENT OR VEHICLES ARE STORED OR PARKED INSIDE BUILDINGS OR UNDER SHELTERS UNTIL REPAIRED. IF NECESSARY, DRIP PANS fiRE_ UTILIZED TO CAPTURE ANY LEANING MATERIALS UNTIL -THE REPAIRS ARE MADE. IF NECESSARY, ABSORBENTS ARE USED TO CLEN14 UP LEAK SPOTS WITH THE CLEANUP MATERIALS DISPOSED IN CLOSE? CONTAINERS. LIQUID CONTAINING EQUIPMENT, INCLUDING TANKS, SECONDARY CONTAINMENT STRUCTURES, PIPES, FLANGES, VAL'JLS, AND PUMPS ARE ROUTINELY INSPECTED FOR LEAKS WITH iMhEDIATE REPAIRS MADE WHEN NECESSARY. THE FILLING OF STORAGE TANKS AND 'VEHICLE REFUELING IS MONITORED BY AN EMPLOYEE PREPARED TO IMMEDIATELY TERMINATE THE FILLING OPERATION. EACH VEHICLE (TRACTOR., ETC.) AT THE FACILITY IS EQUIPPED WITH A SPILL KIT. OPERATORS ARE INSTRUCTED IN THE USE OF THE SPILL NITS AND THE IMPORTANCE OF PREVENTING AND CONTAINING ANY SPILLS. THE SECONDARY CONTAINMENT STRUCTUF.E FOR THE STORAGE TANKS IS VISUALLY INSPECTED FOR FUEL CONTAMINATION (OIL SHEEN) BY AN AUTHORIZED PERSON PRIOR iD DRAINING ACCUMULATED RAINFALL. ALL MATERIALS WITH POTENTIALLY CONTAMINATED SURFACES ARE STORED INSIDE THi_ Fr-iCILITIES BUILDINGS AND SHEDS. ANY GRAIN OR FEED MATERIALE SPILLED ONTO THE. TRUCK ACCESS SURFACES IS IMMEDIATELY" RLHOYED AND RECYCLED TO THE PROCESS OR DISPOSED IN COVERED DUMPSTERS OR CONTAINERS. SIGNIFICANT CHANGES THERE HAVE BEEN NO SIGNIFICANT CHNAGES IN INDUSTRIAL ACTIVITIES AT OUR FACILITY SINCE ISSUANCE OF THE ORIGINAL STCIRMWATER PERMIT. WE STILL PRODUCE ANIMAL FEED FROM GRAIN AND FEED ADDITIVES. WE STILL UTILIZE THE SAME BASIC EQUIP— MENT AND OPERATIONAL PRACTICES. v� 7 D O Pf�- 'n 14 PUBLIC NOTICE XF� f JUN 18 2001 STATE OF NORTH CAROLINA f �001 ENVIRONMENTAL 1617Mev ce Ce ter, R 1 gh, NC 02 699A161Q7"����I�N�FFICE NOTIFICATION OF INTENT TO ISSUE A STATE NPDES PERMIT On the basis of thorough staff review and application of Article 21 of Chapter 143, General Statutes of North Carolina, Public Law 92-500 and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to issue a permit to discharge to persons listed below on August 6. 2001, and subject to special conditions. Persons wishing to comment upon or object to the proposed determinations are invited to submit same in writing to the above address no later than July 20, 2001. All comments received prior to that date will be considered in the formulation of final determinations regarding the proposed permit. A public meeting may be held where the Director of the Division of Water Quality finds a significant degree of public interest in a proposed permit. A copy of the draft permit is available by writing or calling the Division of Water Quality, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617, (919) 733-5083. The application and other information may be inspected at these locations during normal office hours. Copies of the information on file are available upon request and payment of the costs of reproduction. All such comments or requests regarding a proposed permit should be make reference to the NPDES permit number listed below. NPDES No. NCS000302 Braswell Milling Company, P. O. Box 669, Nashville, NC 27856 has applied for a permit to discharge stormwater associated with industrial activities at a facility located at Braswell Milling Company, 105 Cross Street, Nashville, Nash County. The facility discharges to the waters of the Tar -Pamlico River Basin. �� pY• Date jvdLL Kerr T. Stevens, Director Division of Water Quality 00 4 ®® NCS000302 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,byAOI North Carolina Environmental / x- n Management Commission, and the Federal Water Pollutlori.Gontrol Act, as amended, Braswell Milli is hereby authorized to discharge stormwgterflomia•facility located at II'Milling Company I5 Cross Street Jashville, NC Nash County to receiving waters desigpiiff'd4s the Nashville municipal storm sewer system to an unnamed _ tributary to Sapony Creek a class WS-IV NSW stream, in the Tar -Pamlico River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. This permit shall become effective September 1, 2001. This permit and the authorization to discharge shall expire at midnight on August 31, 2006 Signed this day August for Kerr T. Stevens, Director Division of Water Quality By the Authority of the Environmental Management Commission ®® ®® Permit No. NCS000302 iy TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers • ® ® ® Permit No. NCS000302 i 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records I. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. 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 ®® 1 ®® Permit No. NCS000302 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. 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 which has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All 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. 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 1 Page I of 2 ®® SECTION C: LOCATION NIAP . 1®® Permit No. NCS000302 BM 179 a 0 'sue 1� • Wit? 003 St aW _ _ Fore;ii1Tt H / Sewage Disposal ` Ville .r [--��j ma .I _ k I J J — VLINE.. �'1—�'i :''•L% -`'� �'1/. s____- x ��' I� �•/ �_EJ; e0 r�' ��N// eJId VC— / t - "�eM1 _V 4- // ..]it.\e`rna\��95 /,J: j/ '�•'- �. .i. I' 0Golf Come I " or,t 5afslf///"" �__. r :�•. _ram lS.�:• `l ;i„ •'�%'�\ 1 \,�� /y. 16 • - -I - 1l Field /�+��4' � •� �� `�y •loot Oakland/\ _i Cem _n Cenral Ce7 A letic Fieltl"s; . 4` • 1� -RIPE( /NF- - pp�Pumpmg Station '60- 196 -Gave; _ �. �� , a'r ' a` i� ✓-� G1145 �n Cordwhie:" '�� Cem n cill .s er C �1 9r' hElm Gro.e li ✓� �1 50 1 -�-- J - cart i t'aoe 2 of �. . ®® Permit No. NCS000302 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. (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. (c) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the 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 3. 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 Part 11 Page 1 of 6 00 ®® Permit No. NCS000302 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, matenal 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 Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. 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 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 narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 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 team) responsible for implementing the SPRP shall be identified. 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, a SPCC plan 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 program shall be developed. The.program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment Part II Page 2 of 6 00 1 ®® Permit No. NCS000302 and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in 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. 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. 7. 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. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. 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 3) to the Director that the changes have been made. 8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Part 11 Page 3 of 6 00 06 Permit No. NCS000302 SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 4 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum 4 analytical samplings in accordance with the schedule specified below in Table 2. Table 1. Analytical Monitoring Requirements Discharge34Q, Char aetei istics :-,,: - tn-r.�,.-� 1= c,.cei+ U,nitsa 9 Measurementr yr i'.u`.4 F regtiency,� �. _ ,,-Sample '' C 1 �, , _n, Typed E; t �`,�;fSample {-? �.YF` c'^�.i _ I_ o_ catto_n3�*�', Total Nitrogen mg/1 Quarterly- 4' year Grab SDO Total Phosphorous m I Quarterly- 0 year Grab SDO TSS m I Quarterly- 4" year Grab SDO Total Rainfal14 inches Quarterly- 4" year Event Duration4 minutes Quarterly- 4" year Total Flow4 MG Quarterly- 4" year SDO Footnotes: I Measurement Frequency: Once per quarter during the 4' year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. 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. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. 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. Part II Page 4 of 6 ® 0 Permit No. NCS000302 Table 2 Monitoring schedule IVloni_toring'penod Sample Number = 'Start"' ;,;.t; End Year 4 - I" quarter 4 September 1, 2004 November 30, 2004 Year 4 - 2nd quarter 5 December 1, 2004 February 28, 2005 Year 4 - 3° quarter 6 March 1, 2005 May 31, 2005 Year 4 - 4'" quarter 7 June 1, 2005 August 31. 2005 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 3. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm event. 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 Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 3. Qualitative Monitoring Requirements c r&' ' f `" bH i6 `" Disctiar e,Cha�actemshis`� _,.�1. Fr q ency -` 1Vloniforingy ocatioti,,;, 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 Other obvious indicators of stormwater pollution Semi -Annual SDO Footnotes: I Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. Part 11 Page 5 of 6 00 ®® Permit No. NCS000302 SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 4 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum 4analytical samplings in accordance with the schedule specified in Table 2 (Part II, Section B). Table 4. Analytical Monitoring Requirements for On -Site Vehicle Maintenance !`Y Discharge:Cliaracteristics, =" °rUim s.. F..=: ' 1'iMe&ur' ment4l'" ;Freijuen yt ffi,.�'_`Si ple Type? Sample L6catoii3. H standard Quarterly- 4" year Grab SDO Oil and Grease m I Quarterly- 4" year Grab SDO Total suspended Solids mg/1 Quarterly- 0 year Grab SDO New Motor Oil Usagegallons/month Quarterly- 4X' year Estimate Total Flow4 MG Quarterly- 4° year Grab SDO Footnotes: 1 Measurement Frequency: Once per quarter during the 4' year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. 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. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 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 Total Flow shall be; (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. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Part 11 Page 6 of 6 ®® ®® Permit No. NCS000302 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: 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. Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement- b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a),I 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: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $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. Part III Page 1 of 8 Pages ®® ®® Permit No. NCS000302 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Part 111, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.6B, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 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. Severabilitv The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a 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. 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 Part III Page 2 of 8 Pages L ® ® Permit No. NCS000302 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 180 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 § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (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 employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if 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. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental Part III Page 3 of 8 Pages ® ® ® ® Permit No. NCS000302 matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Individual Permit Modification, Revocation and Reissuance, or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 5. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 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 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 Part 111 Page 4 of 8 Pages ® ® ®® Permit No. NCS000302 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 permttee submitted notices as required under. Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the 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 m6nitored 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 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. Part III Page 5 of 8 Pages ® e Permit No. NCS000302 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 permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part III Page 6 of 8 Pages ® 0 ®® Permit No. NCS000302 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B 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. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 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 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 dales and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Part III Page 7 of 8 Pages ® ® 00 Permit No. NCS000302 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 Pages ® ® 1 ®® Permit No. NCS000302 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 2H .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS 1. 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 Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page I of 5 ® ® Permit No. NCS000302 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 DWO The Division of Water Quality, Department of Environment and Natural Resources. 9. Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. It. 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 or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. 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. Part VI Page 2 of 5 Pages Permit No. NCS000302 16 Permittee The owner or operator issued a permit pursuant to this individual permit. 17. 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. 18. 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. 19. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single dutfall 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. 20. Rinse Water Discharee 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. 21. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 22. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table 11 (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part VI Page 3 of 5 Pages ® ® 00 Permit No. NCS000302 23. 24. 25 26. 27 28. 29. 30. 31 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. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. Significant SDills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. Stormwater Pollution Prevention Plan 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. 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. 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. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VI Page 4 of 5 Pages 00 00 Permit No. NCS000302 32 33. 34. 35. Upset Means an exceptional incident to which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 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