NCG240000_Draft Permit to Public Notice_20110207

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
DRAFT GENERAL PERMIT NO. NCG240000
TO DISCHARGE STORMWATER AND PROCESS WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
for
Compost Facilities
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission and
the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or operators,
hereinafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage
by the Environmental Management Commission to allow the discharge of stormwater and process
wastewater to the surface waters of North Carolina or to a separate storm sewer system conveying
discharges to surface waters in accordance with the terms and conditions set forth herein.
Coverage under this General Permit is applicable to:
♦ Stormwater point source discharges associated with composting operations (Standard Industrial
Classification 2875) classified as: large Type 1, Type 2, and small Type 3 Facilities as described in
regulations administered by the Division of Waste Management and found at 15A NCAC 1313.1402(f);
and associated vehicle and equipment maintenance activities;
♦ Process wastewater discharges associated with the same composting operations;
♦ Stormwater point source discharges and process wastewater discharges from like industrial activities
deemed by DWQ to be similar to composting operations in the process, or the discharges, or the
exposure of raw materials, intermediate products, by-products, products, or waste products.
Except upon DWQ determination of similarity as provided immediately above, the following
activities and associated discharges are excluded from coverage under this General Permit:
♦ Composting operations classified as small Type 1 Facilities as also described in15A NCAC 13B .1402(g);
♦ Backyard composting and on -farm composting as also described in 13B .1402(g);
♦ Composting operations classified as Type 4 and large Type 3 Facilities in 13B .1402(f).
♦ Composting operations for residuals management as described in regulations administered by the
Aquifer Protection Section of DWQ and found at 15A NCAC 2T .1100.
♦ Composting operations with discharges to especially protected receiving waters classified as ORW,
HQW, trout waters, PNA waters, or zero -flow streams as described at 15A NCAC 213.0206.
The General Permit shall become effective on May 1, 2011. (all dates are draft -dummy dates)
The General Permit shall expire at midnight on April 30, 2016.
Signed this day April 1, 2011.
Original to be Signed by Chuck Wakild
for Coleen H. Sullins, Director
Division of Water Quality
By the Authority of the Environmental Management Commission

DRAFTPermit No. NCG240000
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: General Permit Coverage
Section B: Permitted Activities
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES
Section A: Stormwater Discharges: Stormwater Pollution Prevention Plan
Section B: Stormwater Discharges: Analytical Monitoring Requirements
Section C: Stormwater Discharges: On -Site Vehicle and Equipment Maintenance
Monitoring Requirements
Section D: Stormwater Discharges: Qualitative Monitoring Requirements
Section E: Process Wastewater Discharges: Effluent Limitations and Monitoring
Requirements
PART III AUTHORIZATION TO CONSTRUCT AND OPERATE A PROCESS WASTEWATER
TREATMENT FACILITY
Section A: Requirements to Construct a New or Expanded Process Wastewater Treatment
Facility
Section B: Requirements for Operation of a Process Wastewater Treatment Facility
PART IV STANDARD CONDITIONS
Section A: Compliance and Liability
1.
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
S.
Oil and Hazardous Substance Liability
6.
Property Rights
7.
Severability
8.
Duty to Provide Information
9.
Penalties for Tampering
10.
Penalties for Falsification of Reports
Section B: General Conditions
1. General Permit Expiration
2. Transfers
i

DRAFTPermit No. NCG240000
3. When an Individual Permit May be Required
4. When an Individual Permit May be Requested
5. Signatory Requirements
6. General Permit Modification, Revocation and Reissuance, or
Termination
7. Certificate of Coverage 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 Wastewater or Stormwater Control Facilities
Section D: Monitoring and Records
1.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Non-Stormwater Discharges
6.
Representative Outfall
7.
Records Retention
8.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
S.
Planned Changes
6.
Anticipated Noncompliance
7.
Bypass
8.
Twenty-four Hour Reporting
9.
Spills
10.
Other Noncompliance
11.
Other Information
PART V LIMITATIONS REOPENER
PART VI ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
PART VII DEFINITIONS
T

DRAFTPermit No. NCG240000
PART I - INTRODUCTION
SECTION A: GENERAL PERMIT COVERAGE
All persons desiring to have facilities covered by this General Permit must register with the Division
of Water Quality (DWQ) by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be
submitted and a certificate of coverage issued prior to any point source discharge of stormwater
associated with industrial activity or process wastewater.
This General Permit covers composting operations that discharge stormwater that has come in
contact with qualifying finished compost, and site stormwater which has not come in contact with
any raw materials, intermediate products, final products, by-products, or waste products during
the compost manufacturing process; and stormwater runoff from vehicle and equipment
maintenance activities.
This General Permit also covers composting operations with discharges of process wastewater
arising from raw materials, intermediate products, final products not qualifying as finished
compost, by-products, or waste products.
This General Permit also covers the construction and operation of process wastewater treatment
facilities.
Any owner or operator not wishing to be covered or limited by this General Permit may make
application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H
.0100, stating the reasons supporting the request. Any application for an individual permit should
be made at least 180 days prior to commencement of discharge.
This General Permit does not cover activities or discharges covered by an individual NPDES permit
until the individual permit has expired or has been revoked. Any person conducting an activity
covered by an individual permit but which could be covered by this General Permit may request
that the individual permit be revoked and coverage under this General Permit be provided.
Any facility may apply for new or continued coverage under this permit until a Total Maximum
Daily Load (TMDL) for pollutants for stormwater or wastewater discharges is established. A TMDL
sets a pollutant -loading limit that affects a watershed, or portion of a watershed, draining to a
specific impaired water. For discharges to watersheds affected by a TMDL, coverage under
this permit may depend on the facility demonstrating it does not have reasonable potential
to violate applicable water quality standards for those pollutants as a result of discharges. If
DWQ determines that discharges have reasonable potential to cause water quality standard
violations, the facility shall apply for an individual permit 180 days prior to the expiration date of
this General Permit. Once that individual permit is effective, the facility will no longer have
coverage under this General Permit. Note that the permittee must identify impaired waters
(scheduled for TMDL development) and waters already subject to a TMDL in the Site Plan, as
outlined in the Stormwater Pollution Prevention Plan, Part II, Section A.
SECTION B: PERMITTED ACTIVITIES
Until coverage under this permit expires or is modified or revoked, the permittee is authorized to
discharge stormwater and process wastewater to the surface waters of North Carolina, or to a
separate storm sewer system, which has been adequately treated and managed in accordance with
Part I Page 1 of 2

DRAFTPermit No. NCG240000
the terms and conditions of this General Permit. The types of authorized discharges are
dependent upon DWQ approval and are detailed in the permittee's individual Certificate of
Coverage (COC); where applicable, the COC also details DWQ's Authorization to Construct
(ATC) and authorization to operate process wastewater treatment facilities.
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. If
composting operations will expand or change such that the types of discharges are affected, the
permittee shall contact DWQ in advance to determine if modifications to the COC are necessary.
Where wetlands are located on, or nearby, composting operations, discharges allowed by this
permit, and site operations, must meet applicable wetland standards as outlined in 15A NCAC 2B
.0230 and .0231 and water quality certification requirements as outlined in 15A NCAC 21-1.0500.
The discharges allowed by this General Permit shall not cause or contribute to violations of
Water Quality Standards.
This permit does not relieve the permittee's responsibility for compliance with any other applicable
federal, state, or local law, rule, standard, ordinance, order, or decree.
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DRAFT Permit No. NCG240000
PART II - MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
SECTION A: STORMWATER DISCHARGES: STORMWATER POLLUTION PREVENTION
PLAN
The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The
SPPP is public information in accordance with Part IV, Standard Conditions, Section E, paragraph 3
of this General Permit. The SPPP shall include, at a minimum, the following items:
1. Site Plan. The site plan shall provide a description of the physical facility and the potential
pollutant sources that may be expected to contribute to contamination of stormwater
discharges. The site 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 waters to which the stormwater outfalls
discharge, or if the discharge is to a municipal separate storm sewer system, the
name of the municipality and the ultimate receiving waters, and accurate latitude
and longitude of the points of discharge. The general location map (or alternatively
the site map) shall identify whether each receiving water is impaired (on the state's
303(d) list of impaired waters) or is located in a watershed for which a TMDL has
been established, and what the parameters of concern are.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants that
could be expected to be present in the stormwater discharge from each outfall.
(c) A site map drawn at a scale sufficient to clearly depict: the site property boundary,
the stormwater discharge outfalls, all on -site and adjacent surface waters and
wetlands, industrial activity areas (including but not limited to scales, receiving,
staging, blending, storage, composting, screening, rejects, curing, warehousing,
packaging, labeling, loading, and other manufacturing activities ), site topography
and finished grade, all drainage features and structures, drainage area boundaries
and total contributing area for each outfall, direction of flow in each drainage area,
industrial activities occurring in each drainage area, buildings, stormwater Best
Management Practices (BMPs) with design capacities, process wastewater
treatment facilities, and permanent impervious surfaces, such as roads or process
areas that are unlikely to change frequently. The site map shall include a graphic
scale indication and north arrow. In addition, the following industrial activity areas
must also be identified on the site map: fueling, vehicle and equipment maintenance
and repair, washing, painting, welding, and metal fabrication.
(d) A list of significant spills or leaks of pollutants that have occurred during the
previous three (3) years and any corrective actions taken to mitigate spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The permittee shall re -certify annually that the
stormwater outfalls have been evaluated for the presence of non-stormwater
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DRAFT Permit No. NCG240000
discharges. The certification statement will be signed in accordance with the
requirements found in Part IV, Standard Conditions, Section B, paragraph S.
2. Stormwater Management Plan. The stormwater management plan shall contain a
narrative description of the materials management practices employed which control or
minimize the stormwater exposure of significant materials, including finished compost as
well as materials that may be present on site but not intentionally within the
manufacturing process (i.e., wind-blown, tracked -out, dragged -out, or otherwise
accidentally dispersed on -site materials). 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 rainfall and run on flows. Wherever practical, the
permittee shall prevent exposure of all storage areas, material handling operations,
and manufacturing or fueling operations. In areas where elimination of exposure is
not practical, the stormwater management plan shall document the feasibility of
diverting stormwater run on away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section 313
of Title III of the Superfund Amendments and Reauthorization Act (SARA) water
priority chemicals; and storage in any amount of hazardous substances, in order to
prevent leaks and spills from contaminating stormwater runoff. A table or summary
of all such tanks and stored materials and their associated secondary containment
areas shall be maintained. If the secondary containment devices are connected to
stormwater conveyance systems, the connection shall be controlled by manually
activated valves or other similar devices (which shall be secured closed with a
locking mechanism), and any stormwater that accumulates in the containment area
shall be at a minimum visually observed for color, foam, outfall staining, visible
sheens and dry weather flow, prior to release of the accumulated stormwater.
Accumulated stormwater shall be released if found to be uncontaminated by any
material. Records documenting the individual making the observation, the
description of the accumulated stormwater, and the date and time of the release
shall be kept for a period of five years.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMP) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwaters discharges and data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
(d) Rain gauge. The permittee shall maintain a rain gauge and daily rainfall amount
records on site.
3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel responsible for implementing the SPRP shall be
identified in a written list incorporated into the SPRP and signed and dated by each
individual acknowledging their responsibilities for the plan. A responsible person shall be
on -site at all times during facility operations that have the potential to contaminate
Part II Page 2 of 11

DRAFT Permit No. NCG240000
stormwater runoff through spills or exposure of materials associated with the facility
operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention
Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be
sufficient to completely address the stormwater aspects of the SPRP. The common
elements of the SPCC with the SPRP may be incorporated by reference into the SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance and good housekeeping program shall be developed and implemented. The
program shall ensure that equipment present on the site must be operated and maintained
to prevent potential pollution of the surface water or groundwaters of the state. Fuels,
lubricants, coolants, hydraulic fluids, or any other petroleum products shall not be
discharged on the ground or into surface waters. Spent lubricants and fuels shall be
disposed of properly and in accordance with applicable federal disposal regulations.
Spilled fluids shall be cleaned up to the maximum extent practicable and properly disposed
of to prevent entry to surface waters or groundwaters of the state. The program shall
establish schedules of inspections, maintenance, and housekeeping measures for vehicle
and equipment maintenance and industrial activity areas (including material storage and
handling areas, disposal areas, process areas, loading and unloading areas, and haul roads),
where not already addressed under another element of the SPPP. Schedules for
inspections, maintenance, and housekeeping, and documentation that these program
elements are being implemented, shall be recorded and maintained in the SPPP.
S. Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill response
and cleanup, preventative maintenance activities, and for any of the facility's operations
that have the potential to contaminate stormwater runoff. Where the materials or
activities are present, specific training is required for: used oil management, spent solvent
management, spent abrasives management, fueling, sanding, painting, and used battery
management. The facility personnel responsible for implementing the training shall be
identified, and their annual training shall be documented by the signature of each
employee trained.
6. Responsible Party. The SPPP shall identify a specific position responsible for the overall
coordination, development, implementation, and revision to the SPPP. Responsibilities for
all components of the SPPP shall be documented and position assignments provided.
7. SPPP Amendment. The permittee shall amend the SPPP whenever there is a change in
design, construction, operation, waste receipts, site drainage, maintenance, or
configuration of the physical features, which may have a significant effect on the potential
for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed
and updated on an annual basis. The annual update shall include:
(a) an updated list of significant spills or leaks of pollutants for the previous three (3)
years, or the notation that no spills have occurred;
(b) a written re -certification that the stormwater outfalls have been evaluated for the
presence of non-stormwater discharges;
(c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs.
The Director may notify the permittee when the SPPP 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 SPPP to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with Part
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DRAFT Permit No. NCG240000
IV, Standard Conditions, Section B, paragraph 5) to the Director that the changes have
been made.
8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as
part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a
quarterly schedule. These facility inspections are different from, and in addition to, the
stormwater discharge characteristic qualitative monitoring required in Part II Section D of
this permit.
9. SPPP Implementation. The permittee shall implement the SPPP and all appropriate
BMPs to ensure that contaminants do not enter surface waters via stormwater.
Implementation of the SPPP shall include documentation of all monitoring,
measurements, inspections, maintenance activities, and training provided to employees,
including the log of the sampling data and of actions taken to implement BMPs
associated with the industrial activities, including vehicle and equipment maintenance
activities. Such documentation shall be kept on -site for a period of five years and made
available to the Director or the Director's authorized representative immediately upon
request.
SECTION B: STORMWATER DISCHARGES: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring for stormwater discharges shall be performed as specified in Tables 1
through 3. All analytical monitoring shall be performed during a representative storm event. This
Section B does not apply to process wastewater discharges which may originate as precipitation on
materials during the manufacturing process.
Table 1 Analytical Monitoring Requirements for Stormwater Discharges
Discharge
Characteristics
Units
Measurement
Frequency'
Sample
TYPe2
Sample
Location
Total suspended solids
m L
Quarterly
Grab
SDO
Chemical oxygen demand
m L
Quarterly
Grab
SDO
Fecal coliform
colonies 100 mL
Quarterly
Grab
SDO
Total nitrogen
m L
Quarterly
Grab
SDO
Total phosphorus
m L
Quarterly
Grab
SDO
Total copper
m L
Quarterly
Grab
SDO
Total lead
m L
Quarterly
Grab
SDO
Total zinc
m L
Quarterly
Grab
SDO
H
standard units
Quarterly
Grab
SDO
Total rainfa114I
inches
I Quarterly--
--
Footnotes:
1. Measurement Frequency: Four times per year during a representative storm event The permittee may
petition DWQ to reduce the monitoring frequency for any parameter after four consecutive quarters of
analytical results below the benchmark values in Table 3.
2. Grab samples shall be collected within the first 30 minutes of discharge.
Part II Page 4 of 11

DRAFT Permit No. NCG240000
Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless
representative outfall status (ROS) has been granted in writing by DWQ. A copy of the letter granting
ROS shall be kept on site in the SPPP.
For each sampled representative storm event the total precipitation must be reported. An on -site rain
gauge or local rain gauge reading must be recorded. The permittee is not required to sample stormwater
discharges resulting from a rainfall greater than the 25 yr, 24-hr event for the site location.
A representative storm event for the purposes of this General Permit is a storm event that
measures greater than 0.1 inches of rainfall. The time between this storm event and the previous
storm event measuring greater than 0.1 inches must be at least 48 hours. One storm event may
have a time period within it that has no precipitation. This time period may last up to 10 hours. For
example, if it rains but stops before producing any collectable discharge, a sample may be collected if
the next rain producing a discharge begins within 10 hours.
The permittee shall complete the analytical samplings in accordance with the schedule specified in
Table 2. A minimum of 30 days must separate each sample event unless monthly monitoring has
been instituted under a Tier 2 response. Failure to comply with quarterly monitoring is a violation
of the terms and conditions of this permit, unless adverse weather conditions (e.g., lightning
storms, or no rain and/or no discharge) prevent sample collection during the sample collection
period. Inability to sample due to adverse weather conditions must be documented in the SPPP
with date, time, and written narrative and reported on the quarterly Discharge Monitoring Reports
(DMR).
Table 2 Stormwater Annual Monitoring Schedule
Quarterly Monitoring
Events1,2
Start Date3
End Date3
1
January 1
March 31
2
Aril 1
June 30
3
July 1
September 30
4
October 1
December 31
Footnotes:
1. The permittee is required to maintain quarterly monitoring during the permit renewal process (unless
tiers prompt monthly monitoring).
2. If no discharge occurs during the sampling period, the permittee must record "No Flow" or "No Discharge"
within 30 days of the end of the quarterly sampling period in the SPPP. 'No Flow" or "No Discharge" shall be
reported on the individual quarterly DMRs.
3. Annual monitoring periods remain constant throughout the five-year permit term (from January 1, 2011
to December 31, 2015).
In all cases, the permittee shall report (as required in Part IV, Section E) the analytical results from
each sample within the monitoring period. The permittee shall compare those results to the
benchmark values in Table 3.
Part II Page 5 of 11

DRAFT Permit No. NCG240000
Table 3 Benchmark Values for Stormwater Discharges
Discharge Characteristics
Benchmark Values
Total suspended solids
100 m L
Chemical oxygen demand
120 m L
Fecal coliform
1000 colonies 100 mL
Total nitrogen
30 m L
Total phosphorus
2 m L
Total copper
0.007 m L
Total lead
0.03 m L
Total zinc
0.067 m L
H
1 6 - 9 standard units
Tier One
If. The first valid sampling results are above a benchmark value, or outside of the benchmark
range, for any parameter at any outfall;
Then: The permittee shall
1. Conduct a stormwater management inspection of the facility within two weeks of
receiving sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedence.
3. Identify potential and select the specific: source controls, operational controls, or
physical improvements to reduce concentrations of the parameters of concern, or to
bring concentrations within the benchmark range.
4. Implement the selected actions within two months of the inspection.
S. Record each instance of a Tier One response in the SPPP. Include the date and value of
the benchmark exceedence, the inspection date, the personnel conducting the inspection,
the selected actions, and the date the selected actions were implemented.
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DRAFT Permit No. NCG240000
Tier Two
If: During the term of this permit, the first valid sampling results from two (2) consecutive
monitoring periods are above the benchmark values, or outside of the benchmark range, for
any specific parameter at a specific discharge outfall;
Then: The permittee shall
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring for all parameters at every outfall where a
sampling result exceeded the benchmark value for two (2) consecutive samples.
Monthly (analytical and qualitative) monitoring shall continue until three (3)
consecutive samples are below the benchmark values or within the benchmark range
for all parameters at that outfall.
3. If no discharge occurs during the sampling period, the permittee is required to record
"No Flow" or "No Discharge" in the SPPP for the sampling the period to comply with
monthly monitoring requirements and must submit reports in accordance with this
permit.
4. Maintain a record of Tier Two responses in the SPPP.
Tier Three
During the term of this permit, if the valid sampling results required for the permit monitoring
periods exceed the benchmark value, or are outside the benchmark range, for any specific
parameter at any specific outfall on four (4) occasions, the permittee shall notify the DWQ
Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical result.
DWQ may but is not limited to:
• Require that the permittee revise, increase, or decrease the monitoring frequency for the
remainder of the permit;
• Rescind coverage under the General Permit, and require the permittee to apply for an
individual stormwater discharge permit;
• Require the permittee to install or modify structural stormwater controls; or
• Require the permittee to implement other stormwater control measures;
• Require the permittee to install process wastewater treatment facilities for the flow, or
portions of the flow, not successfully treated by the stormwater control measures.
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DRAFT Permit No. NCG240000
SECTION C: STORMWATER DISCHARGES: ON -SITE VEHICLE AND EQUIPMENT
MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any on -site vehicle and equipment maintenance activity that uses more than
55 gallons per month total of new motor oil and/or new hydraulic oil when averaged over the
calendar year shall perform analytical monitoring as specified below in Table 4.
The permittee shall complete the analytical samplings in accordance with the schedule specified in
Table 2. Failure to comply with quarterly monitoring is a violation of the terms and conditions of
the permit, unless adverse weather conditions (e.g., lightning storms, or no rain and/or no
discharge) prevent sample collection during the sample collection period. Inability to sample due
to adverse weather conditions must be documented in the SPPP with date, time, and written
narrative and reported on the quarterly Discharge Monitoring Reports (DMR). This monitoring
shall be performed at all outfalls discharging stormwater runoff from vehicle and equipment
maintenance activities.
Table 4 Analytical Monitoring Requirements from On -Site Vehicle and Equipment
Maintenance Activities
Discharge Characteristics
Units
Measurement
Frequency'
Sample
Type'
Sample
Location3
H
standard
Quarterly
Grab
SDO
Total petroleum hydrocarbons
EPA Method 1664 SGT-HEM
mg/L
Quarterly
Grab
SDO
Total suspended solids
m L
Quarterly
Grab
SDO
Total rainfall'
inches
Quarterly
Grab
New oil usage
I gallons/month
I QuarterlyEstimate
I --
Footnotes:
1. Measurement Frequency: Four times per year during a representative storm event. A minimum of 30
days must separate each sampling event. The permittee may petition DWQ to reduce the monitoring
frequency for any parameter after four consecutive quarters of analytical results below the benchmark
values in Table 5.
2. Grab samples shall be collected within the first 30 minutes of discharge.
3. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that
discharges stormwater runoff from vehicle and equipment maintenance activities.
4. For each sampled representative storm event the total precipitation must be recorded. An on -site or
local rain gauge reading must be recorded. The permittee is not required to sample stormwater
discharges resulting from a rainfall greater than the 25 yr, 24-hr event for the site location.
In all cases, the permittee shall report (as required in Part IV, Section E) the analytical results from
each sample within the monitoring period. The permittee shall compare those results to the
benchmark values in Table 5. Exceedences of benchmark values require the permittee to comply
with the tiered response actions identified above in Section B.
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DRAFT Permit No. NCG240000
Table 5 Benchmark Values for On -Site Vehicle and Equipment Maintenance Activities
Discharge Characteristics
Benchmark Values
H
6 - 9 standard units
Total petroleum hydrocarbons
1S m L
Total suspended solids
100 m L
SECTION D: STORMWATER DISCHARGES: 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 6.
Qualitative monitoring of stormwater outfalls must be performed during a representative storm
event, unless adverse weather conditions prevent monitoring during the monitoring period.
Inability to monitor due to adverse weather conditions must be documented in the SPPP with date,
time and written narrative. Qualitative monitoring will be performed four times per year, in
accordance with the schedule in Table 2.
Table 6 Qualitative Monitoring Requirements
Discharge Characteristics
Frequency'
Monitoring
Locatio
Color
Quarterly
SDO
Odor
Quarterly
SDO
Clarity
Quarterly
SDO
Floating Solids
Quarterly
SDO
Suspended Solids
Quarterly
SDO
Foam
Quarterly
SDO
Oil Sheen
Quarterly
SDO
Deposition at or immediately below the outfall
Quarterly
SDO
Erosion at or immediately below the outfall
Quarterly
SDO
Other obvious indicators of stormwater pollution
Quarterly
SDO
Footnotes:
1. A minimum of 30 days must separate each monitoring event.
2. Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall
(00) regardless of representative outfall status. The quarterly monitoring frequency for qualitative
monitoring is not eligible for a reduced monitoring frequency.
3. The permittee is not required to monitor stormwater discharges resulting from a rainfall greater than
the 25 yr, 24-hr event for the site location.
Qualitative monitoring records shall be on facsimiles of the forms supplied by DWQ, and shall be
maintained on site as part of the SPPP. Qualitative monitoring records shall not be submitted to
DWQ except upon request.
If the permittee's qualitative monitoring indicates either that existing stormwater BMPs are
ineffective, or that significant stormwater contamination is present, the permittee shall investigate
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DRAFT Permit No. NCG240000
potential causes, evaluate the feasibility of corrective actions, and implement those corrective
actions appropriate. A written record of the permittee's investigation, evaluation, and
response actions shall be kept in the SPPP.
Qualitative monitoring is for the purposes of evaluating the effectiveness of the SPPP, assessing new
sources of stormwater pollution, and prompting the permittee's response actions to pollution. If
the permittee repeatedly fails to respond effectively to correct problems identified by qualitative
monitoring, or if the discharge causes or contributes to a water quality standard violation, DWQ
may but is not limited to:
• Require that the permittee revise, increase, or decrease the monitoring frequency for the
remainder of the permit;
• Rescind coverage under the General Permit, and require the permittee to apply for an
individual stormwater discharge permit;
• Require the permittee to install or modify structural stormwater controls; or
• Require the permittee to implement other stormwater control measures.
SECTION E: PROCESS WASTEWATER DISCHARGES: EFFLUENT LIMITATIONS AND
MONITORING REQUIREMENTS
Process wastewater discharges are discharges that have contacted any raw materials, intermediate
products, final products not qualifying as finished compost, by-products, or waste products during
compost manufacturing. Discharges of leachates, wash waters, and rinse waters are considered
process wastewater discharges.
Finished Compost
'Finished compost' is a specific level of compost maturity, or degree of completion of the compost
degradation process. Not all final products produced at composting operations are necessarily
'finished compost' as the term is used in this permit. DWQ relies on the Division of Waste
Management to determine whether the final product from a composting operation is 'finished
compost', or not. Discharges arising from qualifying 'finished compost' may be permitted as
stormwater discharges. Other discharges from final products will be permitted as process
wastewater discharges under this Section E.
Analytical monitoring for process wastewater discharges shall be performed as specified below in
Table 7. For each parameter, the process wastewater effluent limitation is contained in Table 8.
An exceedence of a process wastewater effluent limitation is a violation of the permit conditions
and may be subject to enforcement action as specified in Part IV, Section A.2 of this permit.
Table 7 Monitoring Requirements for Process Wastewater Discharges
Discharge
Characteristics
Units
Measurement
Frequency'
Sample
Type
Sample
Location
Biochemical oxygen demand, 5-day
m /L
Quarterly
Grab
E
Total suspended solids
m L
Quarterly
Grab
E
Fecal coliform
colonies/100mL
Quarterly
Grab
E
H
I standard units
I Quarterly
Grab
E
Total flow3
MG
Quarterly
-
E
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DRAFT Permit No. NCG240000
Footnotes:
1. Measurement frequency: Four times per year, in accordance with the periods identified in Table 9. The
quarterly monitoring frequency for process wastewater discharges is not eligible for a reduced monitoring
frequency.
2. Sample Location: E -Effluent
3. Total Flow volume shall be recorded by a continuous flow measurement instrument. Alternatively, pump
curves and pump logs may be used as a means to calculate flow volume.
Table 8 Effluent Limitations for Process Wastewater Discharges
Discharge Characteristics
Effluent Limitations
Quarterly era a
Daily Maximum
Biochemical oxygen demand, 5-day
30 m L
45 m L
Total suspended solids
30 m L
45 m L
Fecal coliform
1200 colonies 100mL
400 colonies 100 mL
H1
--
--
Total flow
--
--
Footnote:
1. The pH for freshwater classifications shall be within the range of 6.0 to 9.0 standard units. The pH for
saltwater classifications shall be within the range of 6.8 to 8.5 standard units.
The permittee shall complete the analytical samplings of process wastewater discharges in
accordance with the schedule in Table 9. Failure to comply with quarterly monitoring is a violation
of the terms and conditions of the permit.
Table 9 Process Wastewater Discharge Monitoring Schedule
Quarterly
Monitoring Events1,2
Start Date3
End Date 3
1
January 1
March 31
2
April 1
June 30
3
July 1
September 30
4
October 1
December 31
Footnotes:
1. The permittee is required to maintain quarterly monitoring during the permit renewal process.
2. If no discharge occurs during the sampling period, the permittee must record "No Flow" or "No Discharge"
within 30 days of the end of the quarterly sampling period in the SPPP. "No Flow" or "No Discharge" shall be
reported on the individual quarterly DMR.
3. Annual monitoring periods remain constant throughout the five-year permit term (from January 1, 2011
to December 31, 2015).
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DRAFT Permit No. NCG240000
PART III — AUTHORIZATION TO CONSTRUCT AND OPERATE A PROCESS
WASTEWATER TREATMENT FACILITY
Where an ATC is included on the permittee's COC, the construction and operation of a process
wastewater treatment facility is subject to the requirements in Sections A and B below.
SECTION A: REQUIREMENTS TO CONSTRUCT A NEW OR EXPANDED PROCESS
WASTEWATER TREATMENT FACILITY
1. The permittee shall cause the authorized process wastewater treatment facility to be
constructed in accordance with the conditions of this permit, approved plans and
specifications, and other supporting data.
2. The process wastewater treatment facility shall be constructed to meet the effluent
limitations in Part II, Section E of this General Permit.
3. Upon completion of construction and prior to operation of the process wastewater
treatment facility, the permittee shall submit a certification by a professional engineer in
accordance with G.S. 89-25, certifying that the permitted facility has been installed in
accordance with this permit, the approved plans and specifications, and other supporting
materials. The permittee shall deliver the engineer's certification to the Division of Water
Quality, Stormwater Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
4. The permittee shall notify the DWQ Regional Office at least seventy-two (72) hours in
advance of operation of the installed facility so that an in -place inspection can be made if
the Regional Office so desires. Such notification to the Regional Supervisor shall be made
during normal business hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday,
excluding state holidays.
S. The permittee shall retain the approved plans and specifications on site for the life of the
process wastewater treatment facility.
6. This permit does not authorize the construction or operation of any subsequent additions to
the process wastewater treatment facility identified in the COC. The permittee must apply
separately for another ATC for any subsequent additions, modifications, or expansions to
the process wastewater treatment facility.
SECTION B: REQUIREMENTS FOR OPERATION OF A PROCESS WASTEWATER
TREATMENT FACILITY
1. The permittee shall operate and maintain the process wastewater treatment facility in
accordance with the requirements of this General Permit.
2. The diversion or bypass of untreated process wastewater from the process wastewater
treatment facility is prohibited except under provisions of this permit in Part IV, Section CA
and Part IV, Section E.7.
3. In the event that the process wastewater treatment facility fails to perform satisfactorily,
including the creation of nuisance conditions, the permittee shall take immediate corrective
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DRAFT Permit No. NCG240000
action, including those actions that may be required by DWQ, such as the construction of
additional or replacement treatment or disposal facilities.
4. The issuance of this permit does not relieve the permittee of the responsibility for damages
to surface waters of the State resulting from the operation of the process wastewater
treatment facility.
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DRAFT Permit No. NCG240000
PART IV - STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing facilities already operating, but applying for coverage under this General Permit for the first
time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12
months of the effective date of the initial Certificate of Coverage issued pursuant to this General
Permit and updated thereafter on an annual basis. Secondary containment, as specified in Part II,
Section A, paragraph 2(d) of this permit, shall be accomplished within 12 months of the effective date
of the initial Certificate of Coverage.
New facilities applying for permit coverage for the first time and existing facilities previously
permitted and applying for renewal under this General Permit: All requirements, conditions,
limitations, and controls contained in this permit become effective immediately upon issuance of the
Certificate of Coverage. 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 3 (c) of this permit shall be accomplished prior to the beginning of discharges from the
operation of the industrial activity.
Dutv to Com
The permittee must comply with all conditions of this General Permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for certificate of
coverage termination, revocation and reissuance, or modification; or denial of a certificate of
coverage 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.
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 1 year, or both. Any person who knowingly violates permit
conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment
for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed
an administrative penalty not to exceed $10,000 per violation with the maximum amount not to
exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
c. Understate 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
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DRAFT Permit No. NCG240000
each day during which the violation continues, with the maximum amount of any Class II penalty not
to exceed $125,000.
Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
General Permit which has a reasonable likelihood of adversely affecting human health or the
environment.
4. Civil and Criminal Liability
Except as provided in Section D of this permit regarding bypassing of stormwater control facilities,
nothing in this General 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.
5. Oil and Hazardous Substance Liability
Nothing in this General Permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or
may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
6. Property Rights
The issuance of this General Permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of federal, state or local laws or regulations.
7. Severability
The provisions of this General Permit are severable, and if any provision of this General Permit, or
the application of any provision of this General Permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this General Permit, shall
not be affected thereby.
B. 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 certificate of coverage issued pursuant to this General Permit or to determine
compliance with this General Permit. The permittee shall also furnish to the Director upon request,
copies of records required to be kept by this General 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 General Permit
shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by
imprisonment for not more than two years per violation, or by both. If a conviction of a person is for
a violation committed after a first conviction of such person under this paragraph, punishment is a
fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or
both.
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DRAFT Permit No. NCG240000
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 General Permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation,
or by imprisonment for not more than two years per violation, or by both.
SECTION B: GENERAL CONDITIONS
1. General Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order 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
The certificate of coverage issued pursuant to this General 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 certificate of coverage to change the name and incorporate such
other requirements as may be necessary under the Clean Water Act. Permittee is required to
notify DWQ within 90 days in the event the permitted facility is sold or closed.
When an Individual Permit Mav be Reauired
The Director may require any owner/operator authorized to discharge under a certificate of
coverage issued pursuant to this General Permit to apply for and obtain an individual permit or an
alternative General Permit. Any interested person may petition the Director to take action under this
paragraph. Cases where an individual permit may be required include, but are not limited to, the
following:
a. The discharger is a significant contributor of pollutants;
b. Conditions at the permitted site change, altering the constituents and/or characteristics of
the discharge such that the discharge no longer qualifies for a General Permit;
C. The discharge violates the terms or conditions of this General Permit;
d. A change has occurred in the availability of demonstrated technology or practices for the
control or abatement of pollutants applicable to the point source;
e. Effluent limitations are promulgated for the point sources covered by this General Permit;
f. A water quality management plan containing requirements applicable to such point sources
is approved after the issuance of this General Permit.
g. The Director determines at his or her own discretion that an individual permit is required.
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DRAFT Permit No. NCG240000
4. When an Individual Permit May be Requested
Any permittee operating under this General Permit may request to be excluded from the coverage of
this General Permit by applying for an individual permit. When an individual permit is issued to an
owner/operator the applicability of this General Permit is automatically terminated on the effective
date of the individual permit.
5. Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed and certified.
a. All notices of intent to be covered under this General 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 General 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 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; which shall not be modified in any way:
"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
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DRAFT Permit No. NCG240000
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."
6. General Permit Modification. Revocation and Reissuance, or Termination
The issuance of this General Permit does not prohibit the Director from reopening and modifying the
General Permit, revoking and reissuing the General Permit, or terminating the General Permit as
allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts
122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North
Carolina General Statute 143-215.1 et. al.
After public notice and opportunity for a hearing, the General Permit may be terminated for cause.
The filing of a request for a General Permit modification, revocation and reissuance, or termination
does not stay any General Permit condition. The certificate of coverage shall expire when the General
Permit is terminated.
7. Certificate of Coverage Actions
The certificate of coverage issued in accordance with this General Permit may be modified, revoked
and reissued, or terminated for cause. The notification of planned changes or anticipated
noncompliance does not stay any General Permit condition.
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 this General 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 General 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
General Permit.
Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass
unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control
facilities, retention of stormwater or maintenance during normal periods of equipment
downtime or dry weather. This condition is not satisfied if adequate backup controls should
have been installed in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive maintenance;
and
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DRAFT Permit No. NCG240000
C. The permittee submitted notices as required under Section E of this Part.
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.
4. Bypassing of Wastewater Treatment Facilities
The permittee may allow any bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses
are not subject to the provisions of Part IV, Section C.4.a and Part IV, Section CA.b.
a. Notices
(1) Anticipated bypass. If the permittees 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.
(2) Unanticipated bypass. The permittees shall submit notice within 24 hours of
becoming aware of an unanticipated bypass as required in Part IV, Section E.7.
b. Prohibition of Bypass
(1) Bypass is prohibited and the Director may take enforcement action against the
permittees 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 untreated waste or maintenance
during normal periods of equipment downtime. This condition is not
satisfied if adequate backup 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 permittees submitted notices as required under Part IV, Section CA.a of
this permit.
(2) The Director may approve an anticipated bypass, after considering its adverse
affects, if the Director determines that it will meet the three conditions listed in Part
IV, Section C.4.b.(1) of this permit.
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.
Recording Results
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DRAFT Permit No. NCG240000
For each measurement, sample, inspection or maintenance activity performed or collected pursuant
to the requirements of this General 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.
Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to ensure the accuracy and reliability of measurements
of the volume of monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations
published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as
Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this General Permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported down to
the minimum detection or lower reporting level of the procedure.
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 analytical sampling requirements may be performed at a
reduced number of outfalls.
6. Records Retention
Qualitative 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 General 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. If this volume of records cannot be maintained on -
site, the documents must be made available to an inspector upon request as immediately as possible.
7. Inspection and EntrX
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;
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DRAFT Permit No. NCG240000
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this General Permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this General Permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this General Permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring General 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 recorded on Discharge
Monitoring Report (DMR) forms provided by the Director, and delivered to the Division no later
than 30 days from the date the facility receives the sampling results from the laboratory.
When no discharge has occurred from one or more outfalls during the report period, the permittee is
required to submit a DMR indicating "NO FLOW" or "NO DISCHARGE" within 30 days of the end of
the sampling period.
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by DWQ, and shall retain the completed forms on site. Qualitative
monitoring results should not be submitted to DWQ, except upon DWQ's specific direction to do so.
The permittee shall include the signed certification statement described in Part IV, Section B.S.c.
Submitting Reports
A signed original and a copy of the Discharge Monitoring Report (DMR) shall be submitted to:
Central Files
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Qualitative monitoring results should not be submitted to the DWQ Central Files unless specifically
directed by DWQ.
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 DWQ. As required by the Act, analytical data shall not be
considered confidential. Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal
Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this General Permit coincides with a non-
stormwater discharge, the permittee shall separately monitor all parameters as required under the
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DRAFT Permit No. NCG240000
non-stormwater discharge permit and provide this information with the stormwater discharge
monitoring report.
S. 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 General 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 General Permit requirements.
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.
B. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any noncompliance
which may endanger health or the environment. Any information shall be provided orally within 24
hours from the time the permittee became aware of the circumstances. A written submission shall
also be provided within 5 days of the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the period
of noncompliance, including exact dates and times, and if the noncompliance has not been corrected,
the anticipated time compliance is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has been
received within 24 hours.
9. Snills
The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as
defined in Part VII of this permit. Additionally, the permittee shall report spills including: any oil spill
of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil
spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25
gallons that cannot be cleaned up within 24 hours.
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at
the time monitoring reports are submitted.
11. Other Information
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Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to
be covered under this General Permit or in any report to the Director, it shall promptly submit such
facts or information.
PART V - LIMITATIONS REOPENER
This General 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
General Permit; or
b. Controls any pollutant not limited in the General Permit.
The General Permit as modified or reissued under this paragraph shall also contain any other requirements in
the Act then applicable.
PART VI - ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being
billed by DWQ. Failure to pay the fee in timely manner in accordance with 15A NCAC 21-1.0105(b)(4) may
cause DWQ to initiate action to revoke the Certificate of Coverage.
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DRAFT Permit No. NCG240000
PART VII - DEFINITIONS
1. Act
See Clean Water Act.
2. Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local
flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical,
such as a drought. When adverse weather conditions prevent the collection of samples during the
sample period, the permittee must take a substitute sample or perform a visual assessment during
the next qualifying storm event. Documentation of an adverse event and the rationale must be
included with your SPPP records. Adverse weather does not exempt the permittee from having to
file a monitoring report in accordance with the sampling schedule. Adverse events and failures to
monitor must be explained on the DMR and recorded and explained in the SPPP records.
3. Arithmetic Mean
The arithmetic mean of any set of values is the summation of the individual values divided by the
number of individual values.
4. Allowable Non-Stormwater Discharges
a. 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.
5. Best Management Practices (BMPs).
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may
take the form of a process, activity, or physical structure. More information on BMPs can be found at:
http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm.
6. Bypass
A bypass is the known diversion of stormwater or wastewater from any portion of a stormwater or
wastewater control facility including the collection system, which is not a designed or established
operating mode for the facility.
7. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste products 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.
8. Certificate of Coverage
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The Certificate of Coverage (COC) is the cover sheet which accompanies the General Permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage
under the permit and is signed by the Director.
9. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
10. Division or DWO
The Division of Water Quality, Department of Environment and Natural Resources.
11. Director
The Director of the Division of Water Quality, the permit issuing authority.
12. EMC
The North Carolina Environmental Management Commission.
13. Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively
or qualitatively) must be taken within the first 30 minutes of discharge.
14. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
15. 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.
16. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a city or
town.
17. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or
runoff. Industrial materials or activities include, but are not limited to, material handling equipment
or activities, industrial machinery, raw materials, intermediate products, by-products, final products,
or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting
requirements only if a facility complies with the terms and conditions described in 40 CFR
§122.26(g)
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18. Notice of Intent
The state application form which, when submitted to DWQ, officially indicates the facility's notice of
intent to seek coverage under a General Permit.
19. Permittee
The owner or operator issued a certificate of coverage pursuant to this General Permit.
20. 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.
21. Process Wastewater
Process wastewater is defined in 40CFR122.2 as, "Process wastewater means any water which,
during manufacturing or processing, comes into direct contact with or results from the production or
use of any raw material, intermediate product, finished product, byproduct, or waste product."
22. Representative Storm Event
A representative storm event for the purposes of this General Permit (which includes quarterly
sampling) is a storm event that measures greater than 0.1 inches of rainfall. The time between this
storm event and the previous storm event measuring greater than 0.1 inches must be at least 48
hours. One storm event may have a time period with no precipitation. This time period may last up to
10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may
be collected if the next rain producing a discharge begins within 10 hours.
23. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative
of the discharges at multiple outfalls, the DWQ may grant representative outfall status.
Representative outfall status allows the permittee to perform analytical monitoring at a reduced
number of outfalls.
24. Rinse Water Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial activity.
Rinse waters from vehicle and equipment cleaning activities are process wastewaters.
25. 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.
26. 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;
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b. Is present at or above threshold levels at a facility subject to SARA title 1I1, Section 313
reporting requirements; and
C. Meets at least one of the following criteria:
(1) Is listed in appendix D of 40 CFR Part 122 on Table II (organic priority pollutants),
Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants
and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
27. 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.
28. 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.
29. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable
quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section
102 of CERCLA (Ref: 40 CFR 302.4).
30. Stormwater Discharge Outfall (SDO)
The point of departure of Stormwater from a discernible, confined, or discrete conveyance, including
but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection
areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina.
31. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
32. 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.
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33. Stormwater Pollution Prevention Plan (SPPP)
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.
34. Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a
specific water body and pollutant.
35. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a) (1) of the Clean Water Act.
36. Treatment Facilities
Treatment facilities include any pit, pond, lagoon, basin, or containment structure used to treat or
contain process wastewater. They must be used to meet Effluent Limitations and are not Stormwater
Best Management Practices (BMPs).
37. Vehicle and Equipment Maintenance Activity
Vehicle or vessel or equipment rehabilitation, mechanical repairs, painting, fueling, lubrication,
cleaning operations, or airport deicing operations.
38. 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.
39. 25-year. 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once
in 25 years.
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